S.I. No. 83/1933 - The Control of Prices Regulations, 1933.

STATUTORY RULES AND ORDERS. 1933. No. 83.

THE CONTROL OF PRICES REGULATIONS, 1933.

THE CONTROL OF PRICES REGULATIONS, 1933, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 30th DAY OF JUNE, 1933, PURSUANT TO SECTION 6 of THE CONTROL OF PRICES ACT, 1932 .

WHEREAS it is enacted by Section 6 of the Control of Prices Act, 1932 , that the Minister for Industry and Commerce may by order make regulations in relation to any matter or thing referred to in the Act as prescribed or to be prescribed.

NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the power conferred on him by Section 6 of the Control of Prices Act, 1932 , and of every and any other power him in this behalf enabling makes by this order the following regulations, that is to say:—

1. These regulations may be cited for all purposes as the Control of Prices Regulations, 1933.

2. The Interpretation Act, 1923 , (No. 46 of 1923), applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these regulations the expression "the Act" means the Control of Prices Act, 1932 .

4. The form in which a representation shall be made under sub-section 3 of Section 24 of the Act and the particulars to be contained in such representation shall be the Form No. 1 in the Schedule to these regulations and the particulars required by such Form.

5. The Form in which an application shall be made under Section 29 of the Act and the particulars to be contained in such application shall be the Form No. 2 in the Schedule to these regulations and the particulars required by such Form.

6. The form of the notice to be served by the Controller of Prices under sub-section (2) of Section 36 of the Act shall, where such notice is in respect of a complaint relating to a sale wholesale or retail, be the Form No. 3 (with any necessary modifications thereof) in the Schedule to these regulations; and shall, where such notice is in respect of a complaint relating to an offering for sale, wholesale or retail, be in the Form No. 3 (A) (with any necessary modifications) in the said Schedule.

7. The Form in which a price (retail) certificate shall be made under paragraph (c) of sub-section (2) of Section 36 of the Act and the particulars to be contained in such certificate shall be the Form No. 4 in the Schedule to these regulations and the particulars required by such Form.

8. The Form in which a price (wholesale) certificate shall be made under paragraph (d) of sub-section (2) of Section 36 of the Act and the particulars to be contained in such certificate shall be the Form No. 5 in the Schedule to these regulations and the particulars required by such Form.

9. The Form in which a notice shall be given under sub-section (3) of Section 36 of the Act shall be the Form No. 6 in the Schedule to these regulations.

10. An application under paragraph (b) of sub-section (3) of Section 36 of the Act shall be made in the Form No. 7 in the Schedule to these regulations.

By Order of the Minister for Industry and Commerce.

Dated this 30th day of June, 1933.

(Signed), R. C. FERGUSON,

Assistant Secretary,

Department of Industry and Commerce.

SCHEDULE.

FORM No. 1.

CONTROL OF PRICES ACT, 1932 .

REPRESENTATION UNDER SECTION 24 (3) OF THE ACT

I. I (we) (a)

represent that (b) unreasonably high retail prices or (c) unreasonably high wholesale prices are being charged throughout Saorstát Eireann, or in the following part thereof, viz. (d).

for the following scheduled commodity, viz. (e):

(a) the full name(s) and address(es) of the person(s) making the representation should be entered here.

(b), (c) Strike out the inappropriate words.

(d) The locality should be specified here.

(e) The particular kind of the scheduled commodity which is the subject of the representation should be specified here.

(f) Here insert date and month.

(g) Here insert name of place.

(h) Here insert name of Trader.

(i) Here insert address of business premises.

(k) Here insert measure, weight or number of commodity.

(l) Here insert description of commodity.

(m) Here insert the unit of measure, weight or number.

To THE SECRETARY,

PRICES COMMISSION,

LA TOUCHE BANK BUILDINGS,

CASTLE STREET, DUBLIN.

NOTE.

Under the Control of Prices Act (1932) the following are the scheduled commodities:—

Every commodity which is used as food or drink by man, other than drugs or water.

Every commodity which is used as clothing, material for clothing or fuel.

Any other commodity which is by order of the Executive Council made under Section 3 of the Act, declared to be a scheduled commodity for the purpose of the Act.

SCHEDULE.

FORM No. 2.

CONTROL OF PRICES ACT, 1932 .

APPLICATION FOR AMENDMENT OF A PRICE (RETAIL) ORDER UNDER SECTION 29 OF THE ACT.

I. I (or we) (a)

carrying on within the following area, viz. (b)

the business of selling retail the following commodity, viz. (c)

hereby apply to the Minister for Industry and Commerce for the amendment of the price retail order made by him on the day  of 193     ,relating to the said commodity, by increasing the maximum price specified in such order, on the ground that the wholesale price of such commodity has increased since the making of such order.

II. I (or we)

submit that the wholesale price of such commodity has increased from

(being the wholesale price at the date of the making of the said order), to

The following particulars are submitted in support of my (our) statement of the present wholesale prices of the commodity:—

I (or we) submit that the maximum price specified in the order should be increased to

To THE SECRETARY,

DEPARTMENT OF INDUSTRY AND COMMERCE,

GOVERNMENT BUILDINGS,

UPPER MERRION STREET, DUBLIN.

(a) The full name(s)and address(es) of the person(s) making the application should be entered here.

(b) Here insert the area specified in the price (retail) order.

(c) Here insert the commodity specified in the price (retail) order.

SCHEDULE.

FORM No. 3.

CONTROL OF PRICES ACT, 1932 .

NOTICE TO BE SERVED BY THE CONTROLLER OF PRICES UNDER SUB-SECTION (2) OF SECTION 36 OF THE ACT.

To:

I,

the Controller of Prices hereby pursuant to sub-section (2) of Section 36 of the Control of Prices Act, 1932 , give you notice:—

(i) that a complaint has been made to me, pursuant to the provisions of Section 33 of the said Act, that you sold wholesale/retail the following commodity,

viz.:—

on

at

at an unreasonably high wholesale/retail price, viz.:

(ii) that such complaint is, in my opinion, well founded; and

(iii) that the following price, viz., is, in my opinion, a reasonable wholesale/retail price for the said commodity; and

(iv) that you are required to give to me within ten days after the service of this notice, an undertaking in writing to charge in future a reasonable wholesale/retail price for the said commodity; and

(v) that you are required to pay to

within ten days after the service of this notice, the sum of

being the difference between the price specified in the said complaint and the price specified in this notice as the reasonable price.

SCHEDULE.

FORM No. 3 (A).

CONTROL OF PRICES ACT, 1932 .

NOTICE TO BE SERVED BY THE CONTROLLER OF PRICES UNDER SUB-SECTION (2) SECTION 36 OF THE ACT.

To:

I,

the Controller of Prices, hereby pursuant to the provisions of sub-section (2) of Section 36 of the Control of Prices Act, 1932 , give you notice:—

(i) that a complaint has been made to me pursuant to the provisions of Section 33 of the said Act that you have offered for sale wholesale/retail

on

at

at an unreasonably high wholesale/retail price, viz.:

(ii) that such complaint is, in my opinion, well founded; and

(iii) that the following price, viz.: is, in my opinion, a reasonable wholesale/retail price for the said commodity; and

(iv) that you are required to give to me, within ten days after the service of this notice, an undertaking in writing to charge in future a reasonable wholesale/retail price for the said commodity.

Dated this  day of  193  .

FORM No. 4.

CONTROL OF PRICES ACT, 1932 .

PRICE (RETAIL) CERTIFICATE MADE UNDER PARAGRAPH (c) SUB-SECTION (2) OF SECTION 36 OF THE ACT.

I.    I,   the Controller of Prices, hereby certify, pursuant to the provisions of paragraph (c) of sub-section (2) of Section 36 of the Control of Prices Act, 1932 , that the following price, viz.:

is, in my opinion, a reasonable retail price to be charged by persons selling the following commodity, viz.:—

II.—This certificate

(a) shall come into force on the    day of    193 , and

(b) shall apply to the following area, viz.:—

III.—This Certificate shall remain in force from the     day of

193 to the day of 193 .

Dated this day of 193 .

SCHEDULE.

FORM No. 5.

CONTROL OF PRICES ACT, 1932 .

PRICE (WHOLESALE) CERTIFICATE MADE UNDER PARAGRAPH (d) OF SUB-SECTION (2) OF SECTION 36 OF THE ACT.

I. I, the Controller of Prices hereby certify, pursuant to paragraph (d) of sub-section (2) of Section 36 of the Control of Prices Act, 1932 , that the following price, viz.:—

is, in my opinion, a reasonable wholesale price to be charged by persons selling the following commodity, viz.:—

II.—This Certificate

(a) shall come into force on the day of 193 ;

and

(b) shall apply to the following area, viz.:—

III.—This Certificate shall remain in force from the      day of      193 , to the   day of       193 .

Dated this     day of     193 .

FORM No. 6.

CONTROL OF PRICES ACT, 1932 .

NOTICE TO BE GIVEN UNDER SUB-SECTION (3) OF SECTION 36 OF THE ACT, OF INTENTION TO MAKE, SERVE AND PUBLISH A PRICE CERTIFICATE.

To:

I,            the Controller of Prices,

hereby, pursuant to sub-section (3) of Section 36 of the Control of Prices Act, 1932 , give you notice that I intend to make, serve and publish the price certificate of which a copy is set forth in the Schedule to this notice.

Dated this   day of    193 .

NOTE.

(a) Attention is directed to the provisions of Section 36 (3) of the Act, under which any person on whom a notice of intention to make serve and publish a price certificate is served, may, before the expiration of fourteen days from the date of service of such notice, apply to the Prices Commission to investigate the prices (retail or wholesale as the case may be) to which the certificate relates, charged for the commodity in the area where such person carries on business.

(b) The form of such application to the Prices Commission may be obtained from the Controller of Prices.

SCHEDULE.

FORM No. 7.

CONTROL OF PRICES ACT, 1932 .

APPLICATION TO THE PRICES COMMISSION FOR AN INVESTIGATION INTO PRICES, UNDER PARAGRAPH (b) OF SUB-SECTION (3) OF SECTION 36 OF THE ACT.

I.—I (or we) (a)

having been served by the Controller of Prices with a notice dated

of his intention to make, serve and publish the (b) price (retail) certificate/price (wholesale) certificate, set out in the schedule to the said notice, hereby apply to the Prices Commission, pursuant to the provisions of paragraph (b) of sub-section (3) of Section 36 of the Control of Prices Act, 1932 , to investigate the (b) retail prices/ wholesale prices charged for the following commodity, viz.:(c)

in the area where I (or we) carry on business, viz.:—(d)

II.—The following are the grounds on which my (our) application is based:—

Signature(s)

Date

To THE SECRETARY,

PRICES COMMISSION,

LA TOUCHE BANK BUILDINGS,

CASTLE STREET, DUBLIN.

(a) The full names and address(es) of the person(s) making the application should be entered here.

(b) Strike out the words which are in appropriate to the particular application.

(c) The commodity should be similarly specified as in the price certificate.

(d) The area in which the applicant(s) carries (or carry on) business should be specified here.