S.I. No. 33/1979 - Prices and Charges (Notification of Increases) Order, 1979.

S.I. No. 33 of 1979.

PRICES AND CHARGES (NOTIFICATION OF INCREASES) ORDER, 1979.

The Minister for Industry, Commerce and Energy, in exercise of the powers conferred on him by sections 22A and 22C (inserted by the Prices (Amendment) Act, 1965 (No. 23 of 1965)) of the Prices Act, 1958 (No. 4 of 1958), as amended by the Prices (Amendment) Act, 1972 (No. 20 of 1972), the Prices Stabilisation Order, 1973 ( S.I. No. 96 of 1973 ) and the Industry and Commerce (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 306 of 1977 ), hereby orders as follows:

1. This Order may be cited as the Prices and Charges (Notification of Increases) Order, 1979.

2. This Order shall come into operation on the 10th day of February, 1979.

3. Where a person—

( a ) who is engaged in the sale of a commodity imported by him or in the sale by wholesale of a commodity not manufactured by him, and

( b ) whose business had a turnover of more than £250,000 in its latest financial year before the date on which the increase takes effect,

proposes to increase the amount by which the price at which he sells the commodity exceeds the price at which he buys the commodity, he shall notify the Minister of the increase.

4. Where a person—

( a ) who is engaged in the manufacture or processing of cheese, cream, skim milk powder, whole milk powder, yoghurt, ice cream, chocolate confectionery, sugar confectionery, flour confectionery, processed meat, jam, marmalade or jelly,

( b ) who is engaged in the rendering of a service, or the carrying out (other than under a contract of service) of work or a process, other than that of—

(i) a laundry, launderette, washeteria or dry cleaning establishment,

(ii) a restaurant, café or similar establishment,

(iii) a cinema, theatre, dance hall, horse racecourse, livestock mart or old people's home (other than a home operated with a view to profit),

(iv) education or board or living accommodation in connection with education,

( c ) who is engaged in the manufacture or processing of commodities the maximum prices of which are fixed by orders under the Prices Acts, 1958 to 1972, or

( d ) who is engaged in the manufacture or processing of a commodity of any particular kind and who, in the opinion of the Minister, occupies a dominant position in relation to sales of that particular kind of commodity in the State,

proposes to increase the price at which he sells the commodity or the charge which he makes for rendering the service or carrying out the work or process, as the case may be, he shall, subject to paragraph 6 of this Order, notify the Minister of the increase.

5. Subject to paragraph 6 of this Order, a notification under paragraph 3 or 4 of this Order shall be given to the Minister not later than 2 months before the day on which the increase to which it relates takes effect.

6. (1) Where a person employs not more than 20 persons in or in connection with the manufacture or processing of commodities of a kind referred to in paragraph 4(a) of this Order, this Order shall not apply in relation to that person in respect of those commodities manufactured or processed by him.

(2) Where a person employs not more than 50 persons in or in connection with the manufacture or processing of commodities of a kind referred to in paragraph 4(a) of this Order, a notification under this Order in relation to those commodities manufactured or processed by him shall be given to the Minister not later than 21 days before the day on which the increase to which it relates takes effect.

(3) Where a person employs not more than 50 persons in or in connection with the manufacture or processing of commodities of a kind referred to in paragraph 4(d) of this Order, this Order shall not apply in relation to the person in respect of those commodities manufactured or processed by him.

(4) Where a person employs not more than a 100 persons in or in connection with the manufacture or processing of commodities of a kind referred to in paragraph 4(d) of this Order, a notification under this Order in relation to those commodities manufactured or processed by him shall be given to the Minister not later than 21 days before the day on which the increase to which it relates takes effect.

(5) Where—

( a ) a person employs—

(i) more than 50 persons in or in connection with the manufacture or processing of commodities of a kind referred to in paragraph 4 (a ) of this Order, or

(ii) more than 100 persons in or in connection with the manufacture or processing of commodities of a kind referred to in paragraph 4 (d ) of this Order,

( b ) the sales by the person outside the State in his latest financial year of those commodities manufactured or processed by him were not less than 35 per cent. of the total volume of his sales in that year of those commodities manufactured or processed by him, and the sales outside the State included sales in Northern Ireland, Great Britain, the Isle of Man or the Channel Islands, and

( c ) the average price (excluding all taxes) at which those commodities manufactured or processed by the person were sold by him in the State in that financial year did not exceed the average price (excluding all taxes) at which those commodities manufactured or processed by him were sold by him in or for delivery to Northern Ireland, Great Britain, the Isle of Man or the Channel Islands, the cost of such delivery being regarded as part of the price aforesaid,

notification under paragraph 4 of this Order may, if the Minister so consents and subject to such conditions (if any) as he may specify at the time of the giving of the consent, be given to the Minister not later than 21 days before the day on which the increase to which it relates takes effect.

(6) Where—

( a ) a person employs—

(i) more than 50 persons in or in connection with the manufacture or processing of commodities of a kind referred to in paragraph 4 (a) of this Order, or

(ii) more than 100 persons in or in connection with the manufacture or processing of commodities of a kind referred to in paragraph 4 (d) of this Order,

( b ) there were no sales by the person in Northern Ireland, Great Britain, the Isle of Man or the Channel Islands in his latest financial year of those commodities manufactured or processed by him,

( c ) the sales by the person outside the State, in his latest financial year of those commodities manufactured or processed by him were not less than 35 per cent. of the total volume of his sales in that year of those commodities manufactured or processed by him, and

( d ) the average price (excluding all taxes) at which those commodities manufactured or processed by the person were sold by him in the State in that financial year did not exceed the average price at the place of exportation from the State of the commodities sold outside the State,

notification under paragraph 4 of this Order may, if the Minister so consents and subject to such conditions (if any) as he may specify at the time of the giving of the consent, be given to the Minister not later than 21 days before the day on which the increase to which it relates takes effect.

(7) This Order shall not apply in relation to an increase of the price at which a person referred to in paragraph 4(d) of this Order sells a commodity of a kind referred to in the said paragraph 4(d) unless, at any time before the increase takes effect, the Minister has notified the person that, in the opinion of the Minister, the person occupies a dominant position in relation to sales by retail in the State of that particular kind of commodity.

7. Where a person other than a person referred to in paragraph 4 of this Order who employs more than 100 persons in or in connection with the manufacture or processing of a commodity or commodities proposes to increase the price at which he sells any commodity manufactured or processed by him, he shall notify the Minister of the increase not later than 21 days before the day on which the increase to which it relates takes effect.

8. The Prices and Charges (Notification of Increases) Order, 1976 ( S.I. No. 100 of 1976 ), is hereby revoked.

GIVEN under the Official Seal of the Minister for Industry, Commerce and Energy, this 7th day of February, 1979.

J. T. GODFREY,

A person authorised by the Minister for Industry, Commerce and Energy to authenticate the Official Seal of the Minister.

EXPLANATORY NOTE.

This Order requires the giving of notice to the Minister for Industry, Commerce and Energy of proposed increases in prices by manufacturers, of proposed increases in charges by persons or firms providing services and of proposed increases in actual cash margins by importers and wholesalers, as set out in the Order.