Industrial Alcohol (Amendment) Act, 1947

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Number 2 of 1947.

INDUSTRIAL ALCOHOL (AMENDMENT) ACT, 1947.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

PART II.

Change of name of the Company and extension of its objects.

PART III.

Manufacture of Certain chemical products by the Company and restrictions on importation of chemical products.

PART IV.

Miscellaneous Provisions.

Number 2 of 1947.

INDUSTRIAL ALCOHOL (AMENDMENT) ACT, 1947.

AN ACT TO CHANGE THE NAME OF THE COMPANY FORMED UNDER THE INDUSTRIAL ALCOHOL ACT, 1938 , TO AUTHORISE AN EXTENSION OF THE OBJECTS OF THE SAID COMPANY, TO CONTROL THE IMPORTATION OF CHEMICAL PRODUCTS, TO AMEND THE SAID ACT IN CERTAIN RESPECTS AND TO MAKE PROVISION FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [29th January, 1947.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and collective citation.

1.—(1) This Act may be cited as the Industrial Alcohol (Amendment) Act, 1947.

(2) The Principal Act and this Act may be cited together as the Industrial Alcohol Acts, 1938 and 1947.

Interpretation.

2.—(1) In this Act—

the expression “the Company” means the Company formed in pursuance of section 7 of the Principal Act;

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “the Principal Act” means the Industrial Alcohol Act, 1938 (No. 23 of 1938).

(2) This Act shall be construed as one with the Principal Act.

PART II.

Change of name of the Company and extension of its objects.

Change of name of the Company.

3.—(1) The name of the Company shall, on the passing of this Act, stand, by virtue of this section, changed to that of Ceimicí, Teoranta.

(2) The registrar of companies shall, on the application of the Company, enter the new name of the Company on the register in place of the former name, and shall issue a certificate of incorporation altered to meet the circumstances of the case.

(3) The change of the name of the Company effected by this section shall not affect any rights or obligations of the Company or render defective any legal proceedings by or against the Company, and any legal proceedings that might have been continued or commenced against it by its former name may be continued or commenced against it by its new name.

Extension of objects of the Company.

4.—(1) Paragraph 2 of the Schedule to the Principal Act is hereby amended by the substitution of the following subparagraph for subparagraph (c), that is to say—

“(c) that the principal objects of the Company shall include—

(i) the manufacture, refining and sale of industrial alcohol and products and derivatives thereof, and

(ii) the making, aiding or subsidising of experiments, investigations, researches and tests in relation to the possibilities of the manufacture of any substance, all or any portion of which is produced or obtained by chemical process, and

(iii) the manufacture and sale of any substance, all or any portion of which is produced or obtained by chemical process.”

(2) At any time after the passing of this Act, the Company may, with the approval of the Minister for Finance, given after consultation with the Minister, so alter its memorandum of association as to extend its objects in conformity with the amendment effected by subsection (1) of this section, and section 17 of the Principal Act shall not apply in respect of such alteration.

(3) Section 9 of the Companies (Consolidation) Act, 1908 , shall not apply in respect of any alteration authorised by this section to be made by the Company in its memorandum of association, and in lieu thereof it is hereby enacted that every such alteration may be made by extraordinary resolution, as defined by section 69 of the said Act, and that, in addition to complying with section 70 of the said Act, the Company shall, within the time mentioned in the said section 70, deliver to the registrar of companies a printed copy of the memorandum as so altered and the said registrar shall register it and certify the registration under his hand, and such certificate shall be conclusive evidence that all the requirements of the said Act, as amended by this subsection with respect to such alteration, have been complied with and thenceforth the memorandum as so altered shall be the memorandum of the Company.

PART III.

Manufacture of certain chemical products by the Company and restrictions on importation of chemical products.

Definition for purposes of Part III.

5.—In this Part, the expression “manufacturing (chemical product) licence” means a licence granted under section 7 of this Act.

Restriction on manufacture by the Company of certain chemical products.

6.—(1) The Company shall not manufacture for the purposes of sale any chemical product to which this section applies unless it is the holder of a manufacturing (chemical product) licence authorising it to manufacture that chemical product.

(2) In this section the expression “chemical product to which this section applies” means any substance, all or any portion of which is produced or obtained by chemical process, but does not include industrial alcohol or any product or derivative thereof.

Grant of manufacturing (chemical product) licence.

7.—(1) Whenever the Minister is of opinion that—

(a) a particular chemical product to which this section applies either—

(i) is not being manufactured in the State by means of private enterprise, or

(ii) is not being manufactured to a substantial extent in the State by means of private enterprise, and

(b) it is desirable that such chemical product should be manufactured in the State to a substantial extent, and

(c) the grant of a licence under this section to the Company authorising it to manufacture such chemical product would result in such chemical product being manufactured to a substantial extent,

then, subject to this section, the Minister, after consultation with the Minister for Finance, may, either on his own motion or on the application of the Company, grant to the Company a licence authorising the Company to manufacture such chemical product.

(2) The following provisions shall apply in relation to the grant of a manufacturing (chemical product) licence to manufacture a particular chemical product to which this section applies—

(a) where the Minister proposes to grant a licence, he shall before doing so, cause notice of his intention to be published in the Iris Oifigiúil and in such other manner as appears to him calculated to bring his intention to the knowledge of persons interested;

(b) the said notice shall state—

(i) the nature of the said chemical product, and

(ii) that any person may, within a specified period (not being less than thirty days after the date of the Iris Oifigiúil containing the notice) send to the Minister a statement in writing of his objection to the grant of the licence and of the specific grounds on which it is based,

(c) the Minister shall consider every such objection sent to him within the said period,

(d) after the expiration of the said period and consideration of the objections (if any) the Minister may grant the licence either in accordance with his intention or in such modified form as he thinks proper having regard to the objections received.

(3) The Minister may attach to a manufacturing (chemical product) licence such conditions and restrictions as he thinks fit.

(4) In this section the expression “chemical product to which this section applies” means any substance, all or any portion of which is produced or obtained by chemical process, but does not include industrial alcohol or any product or derivative thereof.

Restriction on importation of chemical products.

8.—(1) The Government may, whenever and so often as they think fit, by order prohibit the importation of any specified chemical product otherwise than in accordance with a licence in that behalf issued under this section.

(2) The Government may at any time by order revoke or amend an order previously made under this section, including an order under this subsection.

(3) It shall not be lawful for any person to import or attempt to import any chemical product in contravention of an order made under this section.

(4) On the application of any person the Minister may, if he thinks fit, issue to such person a licence to import a chemical product the import of which is prohibited by an order under this section, and may attach to any such licence such conditions as he thinks proper and specifies in the licence.

(5) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is so laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

(6) In this section, the expression “chemical product” means any substance, all or any portion of which is produced or obtained by chemical process, and includes industrial alcohol and any product or derivative thereof.

PART IV.

Miscellaneous Provisions.

Sale of industrial alcohol to persons other than distributors.

9.—Nothing in the Principal Act shall be construed as prohibiting the sale by the Company of industrial alcohol to a person other than a distributor, within the meaning of Part V of the Principal Act.

Amendment of section 23 of the Principal Act.

10.—Where, on or after the passing of this Act, the Company under section 23 of the Principal Act enters on and takes possession of any land or exercises any right before payment of compensation, the interest referred to in subsection (7) of the said section 23 shall be at the rate of three pounds per cent. per annum in lieu of the rate specified in the said subsection (7).

Refund of stamp duties on certain leases, etc. to the Company.

11.—Where any land is leased or conveyed or assigned or any other property is assigned to the Company by a Minister of State, the amount of all stamp duties paid by the Company on the lease, conveyance or assignment shall, if the Minister for Finance so directs, be refunded to the Company out of moneys provided by the Oireachtas.