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35 1939

PIGS AND BACON (AMENDMENT) ACT, 1939

PART V.

Amendments of the Acts of 1935 and 1937 and Miscellaneous Provisions.

Application of section 30 of the Act of 1935.

48. —A contravention of any provision contained in Part III or Part IV of the Act of 1937 or of this Act shall, for the purposes of section 30 (which relates to alteration and revocation of licences) of the Act of 1935, be deemed to be a contravention of a provision of the Act of 1935, and the said section 30 shall apply and have effect accordingly.

Amendment of section 40 of the Act of 1935.

49. —Sub-section (2) of section 40 of the Act of 1935 is hereby amended by the insertion of the words “or for reward” after the word “sale” and the said section shall be construed and have effect accordingly.

Suspension of sub-section (2) of section 98 of the Act of 1935.

50. —(1) On or after the transfer date, the Minister may, whenever and so often as he thinks fit, by order (in this section referred to as a suspending order) declare that sub-section (2) of section 98 (which relates to production periods and quotas) of the Act of 1935 shall be suspended.

(2) Whenever the Minister makes during the currency of a production period a suspending order, the following provisions shall have effect, that is to say:—

(a) notwithstanding anything contained in sub-section (2) of section 98 of the Act of 1935, the Commission shall not, so long as such suspending order is in force, make, on or after the date of such suspending order, a production order;

(b) if the Commission has before the date of such suspending order made, in pursuance of the said sub-section (2), a production order appointing a period to be the next production period, then—

(i) such production order shall be deemed not to have been made, and

(ii) anything consequential on the making of such production order done in relation to such next production period by the Commission in pursuance of sections 21 , 22 or 23 of the Act of 1937 shall be deemed not to have been done.

(3) Whenever a suspending order is in force the Minister may by order under this sub-section revoke such suspending order, and thereupon such suspending order shall cease to be in force.

(4) Where—

(a) the provisions of sub-section (2) of section 98 of the Act of 1935 are not complied with, and

(b) such non-compliance was occasioned by the restrictions imposed by paragraph (a) of sub-section (2) of this present section,

the provisions of sub-section (3) of the said section 98 shall apply in respect of such non-compliance.

(4) Every order made by the Minister 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 laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

Cesser of section 102 of the Act of 1935.

51. —No order shall be made on or after the transfer date under sub-section (1) of section 102 (which relates to sale periods and quotas) of the Act of 1935.

Cesser of levies under sections 111 and 150 of the Act of 1935, and consequential provisions.

52. —(1) No levy shall be payable under section 111 (which relates to levy in respect of carcases used for production of bacon) or section 150 (which relates to levy payable by licensees to the Pigs Marketing Board) of the Act of 1935 for any half-year ending after the transfer date.

(2) Any levy which becomes payable under section 111 or section 150 of the Act of 1935 for the half-year ending on the 31st day of December, 1939, shall be payable to the Commission.

(3) Any moneys paid to or recovered by the Commission by virtue of this section shall be paid into the General Fund.

Cesser of section 23 of the Act of 1937.

53. Section 23 of the Act of 1937 shall cease to apply in respect of any production period commencing on or after the transfer date.

Amendment of section 39 of the Act of 1937.

54. —(1) Section 39 (which relates to payments by Bacon Marketing Board to certain former curers) of the Act of 1937 shall on and after the transfer date have effect subject to the following modifications, that is to say:—

(a) references in the said section to the Chairman of the Bacon Marketing Board shall be construed as references to the Chairman of the Commission;

(b) references in the said section to the Bacon Marketing Board shall be construed as references to the Commission;

(c) the reference in sub-section (7) of the said section to the Bacon Marketing Fund shall be construed as a reference to the General Fund;

(d) no compensation shall be payable to any person under the said section unless an application therefor has been made to the Bacon Marketing Board before the transfer date.

(2) Where all or a majority of the arbitrators appointed to fix compensation under section 39 of the Act of 1937 have, before the passing of this Act, been unable or are, after the passing of this Act, unable to agree upon the amount of such compensation, the amount of such compensation shall be fixed by such one (not being, in case such appointment was made before the transfer date, the Chairman of the Bacon Marketing Board, or in case such appointment is made on or after the transfer date, the Chairman of the Commission) of the said arbitrators as the Minister may nominate, and the decision of the person so nominated shall be final and conclusive.

Amendment of section 55 of the Act of 1937.

55. —In making any appointed price order or appointed price (amending) order on or after the transfer date under section 55 of the Act of 1937, the Commission shall, in addition to the matters mentioned in sub-section (4) of the said section, have regard to the liabilities of licensees under section 28 (which relates to fees payable by licensees to the Minister in respect of pigs presented for veterinary examination) of the Act of 1935 and section 34 (which relates to levies payable to the Commission in respect of carcases used for the production of bacon by licensees) of this Act.

Amendment of section 60 of the Act of 1937.

56. —(1) As on and from the date on which the first appointed price order or the first appointed price (amending) order (whichever is first made) actually made by the Commission under section 55 of the Act of 1937 comes into force, section 60 of the Act of 1937 shall be construed and have effect as if clauses (i) and (ii) of paragraph (a) of sub-section (3) of the said section 60 were omitted therefrom.

(2) On and after the transfer date and until the date mentioned in sub-section (1) of this section, the reference in clause (i) of paragraph (a) of sub-section (3) of section 60 of the Act of 1937 to the sum for the time being prescribed for the purposes of the levy payable to the Board by licensees under section 150 of the Act of 1935 shall be construed as a reference to the sum which was immediately before the transfer date prescribed for the said purposes.

Cesser of section 69 of the Act of 1937, and saving for levies under section 70 of the Act of 1937.

57. —(1) No hypothetical price order under section 69 of the Act of 1937 shall be made on or after the transfer date.

(2) Where a hypothetical price order under section 69 of the Act of 1937 was in force immediately before the transfer date—

(a) such order shall for the purposes of section 70 (which relates to levies payable by licensees) of the Act of 1937 be deemed to have ceased to be in force on the transfer date;

(b) any levy which on the cesser of such order becomes payable under the said section 70 shall become payable to the Commission;

(c) the references in sub-section (5) of the said section 70 to the Pigs Marketing Board shall as respects such levy be construed as references to the Commission;

(d) sub-section (6) of the said section 70 shall not apply in respect of such levy.

(3) Any moneys paid to or recovered by the Commission by virtue of this section shall be paid into the Stabilisation Fund.

Ascertainment and publication of cost of producing bacon and other pig products.

58. —The Commission may ascertain and publish in such manner as it thinks fit gross and nett costings of the production of bacon and all other products derived from pigs.

Validation of deduction and collection of certain moneys.

59. —Where during the period commencing on the 1st day of October, 1935, and ending on the 31st day of March, 1937, there was deducted from the price paid by a licensee for any pig or carcase purchased by him any sum purporting to represent the amount of the inspection fee payable under section 28 (which relates to fees payable by licensees) of the Act of 1935—

(a) such deduction shall be deemed always to have been validly made, and

(b) any moneys collected by the Minister from such licensees in respect of such deduction shall be deemed to have been validly collected.