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26 1937

CONTROL OF PRICES ACT, 1937

PART III.

Price Investigations and Orders.

Investigations into prices of commodities.

23. —(1) The Minister may, whenever and so often as he thinks fit, request the Commission to enquire into the prices charged for a commodity.

(2) The Commission may, whenever and so often as they think fit, but subject to their giving previous notice of their intention to the Minister, resolve to inquire into the prices charged for a commodity.

(3) Where the Minister requests the Commission to inquire into the prices charged for a commodity or the Commission resolve to inquire into the prices charged for a commodity, the Commission shall hold an investigation (in this Act referred to as a price investigation) into the prices charged for such kind or kinds (defined in such manner and by reference to such things as the Commission think proper) of the said commodity as the Commission determine when sold, under such set or sets of conditions (defined in such manner and by reference to such things as the Commission think proper) as the Commission determine in such area or areas as the Commission determine

(4) In defining or determining under the immediately preceding sub-section any matter or thing for the purposes of a price investigation, the Commission shall comply with any directions as regards the nature and scope of such investigation given by the Minister, whether before or during such investigation.

(5) The Commission may, in the course of a price investigation into the prices charged for any kind of a commodity, extend such price investigation to any other commodity, the whole or any part of which is, in the opinion of the Commission, the principal or only constituent of such first-mentioned commodity.

(6) Where, in the course of an investigation into the prices charged for any kind of a commodity, it appears to the Commission that the prices, received by producers in Saorstát Eireann for any other commodity (being an agricultural product or raw material) the whole or any part of which is, in the opinion of the Commission, the principal or only constituent of such first-mentioned commodity are, having regard to the cost of production of such other commodity, unduly low, the Commission may make a special report to the Minister in relation to the matter and make therein such recommendations as they think fit.

(7) The Minister may, during a price investigation, request the Commission not to proceed further with such investigation, and the Commission shall comply with any such request.

Reports by the Commission where prices not unreasonably high.

24. —Where a price investigation is or includes an investigation into the prices charged for a particular kind of a commodity when sold under a particular set of conditions, and the Commission are of opinion that such prices are not unreasonably high, the following provisions shall have effect, that is to say:—

(a) the Commission shall make a report to the Minister setting out their said opinion;

(b) in case such kind of such commodity is a dutiable article or a restricted article and the said set of conditions relates to sales by persons who are manufacturers or producers thereof in Saorstát Eireann such report shall also set out the movements of the said prices over a specified period.

Reports by the Commission where prices unreasonably high.

25. —(1) Where a price investigation is or includes an investigation into the prices charged for a particular kind of a commodity when sold under a particular set of conditions, and the Commission are of opinion that such prices are unreasonably high, the following provisions shall have effect, that is to say:—

(a) the Commission shall make a report to the Minister setting out—

(i) their said opinion and the reasons therefor;

(ii) their opinion as to whether such prices are influenced by any agreement or combination for interference with trade competition;

(iii) their opinion as to the price to which the said prices should be reduced and their reasons therefor;

(iv) their recommendations as to the best method of enforcing such reduction;

(v) such other matters (if any) as the Commission may think proper, or may have been requested by the Minister, to report upon;

(b) if the Commission recommend the Minister to make, in relation to such kind of such commodity, a price order their report shall also include—

(i) a draft of the proposed order, and

(ii) in case such draft provides that the maximum price specified therein is to be a variable price dependant on the price of any other commodity, the whole or any part of which is, in the opinion of the Commission, the principal or only constituent of such first-mentioned commodity, a statement of the price which is, in the opinion of the Commission, a reasonable price for such other commodity;

(c) if the Commission recommend the Minister to make, in relation to such kind of such commodity, a price (restriction on profits) order, their report shall also include a draft of the proposed order.

(2) Where a price investigation is or includes an investigation into the prices charged for a particular kind (being either a dutiable article or a restricted article or both) of a commodity when sold under the following set of conditions, namely by persons who are manufacturers or producers thereof in Saorstát Eireann, and the Commission are of opinion that such prices are unreasonably high, the following provisions shall, in addition to those mentioned in the immediately preceding sub-section, apply in respect of the report of the Commission, that is to say:—

(a) the said report shall specify the movements of the said prices over a specified period;

(b) if such kind of such commodity is a dutiable article but is not a restricted article, the said report shall also specify—

(i) the price which, in the opinion of the Commission an importer would give for it if it were imported direct from the manufacturer or producer thereof and were delivered, freight and insurance paid, in bond at a specified place of importation in Saorstát Eireann;

(ii) whether, in the opinion of the Commission, it is desirable that the customs duty payable thereon should be reduced and, if so, the extent of such reduction;

(c) if such kind of such commodity is a dutiable article and is also a restricted article, the said report shall also specify—

(i) the price which, in the opinion of the Commission, an importer would give for it, if it were not a restricted article, and if it were imported direct from the manufacturer or producer thereof and were delivered, freight and insurance paid, in bond at a specified place of importation in Saorstát Eireann;

(ii) whether, in the opinion of the Commission, it is desirable that the customs duty payable thereon should be reduced, and, if so, the extent of such reduction;

(iii) whether, in the opinion of the Commission, it is desirable that the restrictions on the importation thereof should be modified, and, if so, the extent of such modification;

(d) if such kind of such commodity is a restricted article but is not a dutiable article, the said report shall also specify—

(i) the price which, in the opinion of the Commission, an importer would give for it, if it were not a restricted article, and if it were imported direct from the manufacturer or producer thereof and were delivered freight and insurance paid at a specified place of importation in Saorstát Eireann;

(ii) whether, in the opinion of the Commission, the restrictions on the importation thereof should be modified, and, if so, the extent of such modification.

Publication of reports of Commission.

26. —The Minister may publish in such manner as he thinks fit all or any part of any report made to him by the Commission under this Part of this Act.

Price orders.

27. —(1) Subject to the provisions of this Act, the Minister may whenever and so often as he thinks fit, by order (in this Act referred to as a price order) fix, in relation to a commodity, the maximum price at which a specified kind (defined in such manner and by reference to such things as the Minister thinks proper) of such commodity may be sold or offered for sale in a specified area when sold or offered for sale under such set or sets of conditions (defined in such manner and by reference to such things as the Minister thinks proper) as shall be specified in such order, and may so fix different prices in relation to different such sets of conditions.

(2) The following provisions shall apply in respect of every price order made in relation to a commodity, that is to say:—

(a) such price order may relate to more than one kind of such commodity, and in that case may contain different provisions in relation to such kind of such commodity;

(b) the area to which such order is to apply may be either the whole of Saorstát Eireann or any specified part thereof;

(c) such order shall be published in the Iris Oifigiúil as soon as may be after it is made;

(d) such order shall specify the date on which it is to come into force, and such date shall not be earlier than the date of publication thereof in the Iris Oifigiúil;

(e) the Minister may by order under this paragraph revoke or amend such price order, and the provisions of paragraphs (c) and (d) of this sub-section shall apply to every order made under this paragraph.

(3) Whenever the Minister makes, in relation to any commodity, a price order he may, if he so thinks fit, do by such order, the following things, that is to say:—

(a) declare that any other commodity, the whole or any part of which is in his opinion, the principal or only constituent of such first-mentioned commodity, shall, for the purposes of such price order, be the principal constituent of such first-mentioned commodity;

(b) fix any maximum price included in such order as a variable price dependant, in the manner provided by such price order, on the price which is, by virtue of the next following section, the standard price for the time being of such other commodity.

(4) Whenever—

(a) a price order is in force, and

(b) such order fixes a price at which a kind of a commodity may be sold or offered for sale in the area to which such order applies when sold or offered for sale under a particular set of conditions,

every person who sells or offers for sale any such kind of such commodity in such area under such set of conditions at a price in excess of such maximum price shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding five pounds, or, in the case of a second or any subsequent offence under this section, to a fine not exceeding ten pounds or at the discretion of the Court to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

Orders ancillary to price orders.

28. —(1) Whenever the Minister makes in relation to any commodity a price order, and by such order declares that any other commodity shall, for the purposes of such price order, be the principal constituent of such first-mentioned commodity, he shall, before such price order comes into force, and may, thereafter whenever and so often as he thinks fit, make an order (in this section referred to as an ancillary order) fixing such price as he thinks proper to be, for the purposes of such price order, the standard price of such other commodity, and the price so fixed by any such ancillary order shall, so long as such ancillary order remains in force, be, for the purposes of such price order, the standard price of such other commodity.

(2) The Minister may by order revoke any ancillary order.

(3) Every ancillary order and every order revoking an ancillary order shall be published in the Iris Oifigiúil as soon as may be after it is made and shall specify the date on which it is to come into force, and such date shall not be earlier than the date of publication thereof in the Iris Oifigiúil.

Applications for amendment of price orders by retailers.

29. —Whenever—

(a) a price order has been made fixing the maximum price at which a particular kind of a commodity may be sold in a particular area when sold retail, and

(b) an application is made to the Minister by a person, carrying on in such area the business of selling retail such kind of such commodity, to amend such price order by increasing the said maximum price on the ground that the wholesale price of such kind of such commodity has increased since the making of such price order,

the Minister shall, unless he revokes or amends, in accordance with such application, so much of the said order as relates to the said maximum price, forthwith request the Commission to make an investigation into such application, and the Commission shall as soon as may be make such investigation and report to the Minister the result thereof.

Price (restriction on profits) orders.

30. —(1) Subject to the provisions of this Act, the Minister may, whenever and so often as he thinks fit, make, in respect of a commodity, an order (in this Act referred to as a price (restriction on profits) order) prohibiting the sale, or offering for sale, of a particular kind (defined in such manner and by reference to such things as the Minister thinks proper) of such commodity when sold or offered for sale in a specified area under a particular set of conditions (defined, but not so as to include a sale or an offer of sale by a person who is a manufacturer thereof, in such manner and by reference to such things as the Minister thinks proper) at a price in excess of the sum of money which is equivalent to the price which the seller or intending seller has paid therefor with the addition of a specified percentage of such price, and such order may specify different such percentages in relation to different such sets of conditions.

(2) The following provisions shall apply in respect of every price (restriction on profits) order made in relation to a commodity, that is to say:—

(a) such order may relate to more than one kind of such commodity, and in that case may contain different provisions in relation to each such kind of such commodity;

(b) the area to which such order is to apply may be either the whole of Saorstát Eireann or any part thereof;

(c) such order shall be published in the Iris Oifigiúil as soon as may be after it is made;

(d) such order shall specify the date on which it is to come into force, and such date shall not be earlier than the date of publication thereof in the Iris Oifigiúil;

(e) the Minister may by order under this paragraph revoke or amend such price (restriction on profits) order, and the provisions of paragraphs (c) and (d) of this sub-section shall apply to every order made under this paragraph.

(3) If, whenever and so long as a price (restriction on profits) order is in force, any person acts in contravention of such order, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

Sale by weight or measure of articles the subject of price orders and price (restriction on profits) orders.

31. —The Minister may, if he thinks fit, by any price order or price (restriction on profits) order prohibit the sale or offering for sale in the area to which such order applies of the kind or any one or more of the kinds of a commodity to which such order relates except by such standard weights or measures and such units as may be specified in such order and if any person acts in contravention of such prohibition he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Restrictions on making of orders.

32. —(1) The Minister shall not make in relation to any kind or kinds of a commodity a price order or a price (restriction on profits) order unless he has received from the Commission a recommendation to make such order, but in making such order the Minister shall not be bound to give effect to the terms or any of the terms of such recommendation.

(2) The Minister shall not make any price order or price (restriction on profits) order in relation to any commodity in respect of which statutory powers of fixing prices are for the time being exercisable by any other Minister or person, without the consent of that other Minister or person (as the case may be).

Powers of inspectors.

33. —(1) Where a price order in relation to any kind of commodity is in force in any area fixing the maximum price at which any kind of a commodity may be sold or offered for sale when sold under a particular set of conditions, an inspector may do all or any of the following things:—

(a) at all reasonable times enter any premises, situate in such area, in which the business of selling such kind of such commodity under such set of conditions is carried on;

(b) require the person who carries on such business to state the price at which he sells such kind of such commodity;

(c) require such person to produce any books and documents in his possession or procurement containing entries in relation to sales of such kind of such commodity;

(d) inspect such books and documents, and take copies and extracts thereof.

(2) Where a price (restriction on profits) order in relation to any kind of a commodity is in force in any area, an inspector may do all or any of the following things, that is to say:—

(a) at all reasonable times enter upon any premises, situate in such area, in which any person, to whom the prohibition contained in such order applies, carries on business;

(b) require such person to state the price at which he sells such kind of such commodity;

(c) require such person to produce any books and documents in his possession or procurement which such inspector considers necessary for the purposes of ascertaining whether such order is being complied with;

(d) inspect and examine such books and documents, and take copies and extracts thereof.

(3) If—

(a) any person, who is lawfully required by an inspector under this section to state the price at which he sells any kind of a commodity, fails or refuses to comply with such requisition, or

(b) any person who is lawfully required by an inspector under this section to produce any document or book, refuses to produce such document or book, or

(c) any person obstructs or impedes any inspector in the exercise of any of the powers conferred on an inspector by this section,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.