Number 35 of 1939.
PIGS AND BACON (AMENDMENT) ACT, 1939.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
The Pigs and Bacon Commission.
Prohibition on disclosure of information by members and officers of the Commission. | |
Abolition of the Bacon Marketing Board and the Pigs Marketing Board and Transfer of Functions, Property, Liabilities, etc., of such Boards to the Pigs and Bacon Commission, and Consequential Provisions.
Levies Payable by Licensees to the Commission, Subsidies on Bacon, Compensation to Licensees in Respect of Condemned and Damaged Pigs and Carcases, Returns by Licencees, Records to be Kept by Licensees and Inspection of Licensed Premises.
Chapter I.
Levies Payable by Licensees to the Commission.
Levies payable to the Commission in respect of carcases used for production of bacon by licensees. | |
Change in ownership of licence during a period for which a levy is payable. |
Chapter II.
Subsidies on Bacon.
Chapter III.
Compensation to Licensees in Respect of Condemned and Damaged Pigs and Carcases.
Compensation to licensees in respect of damaged pigs and carcases. |
Chapter IV.
Returns by Licensees, Records to be Kept by Licensees and Inspection of Licensed Premises.
Inspection of licensed premises, etc., by authorised officers of the Commission. |
Amendments of the Acts of 1935 and 1937 and Miscellaneous Provisions.
Enactments Repealed
Acts Referred to | |
No. 24 of 1935 | |
No. 23 of 1937 | |
No. 35 of 1938 | |
Number 35 of 1939.
PIGS AND BACON (AMENDMENT) ACT, 1939.
PART I.
Preliminary and General.
Short title and collective citation.
1.—(1) This Act may be cited as the Pigs and Bacon (Amendment) Act, 1939.
(2) The Pigs and Bacon Acts, 1935 and 1937, and this Act may be cited together as the Pigs and Bacon Acts, 1935 to 1939.
Interpretation.
2.—(1) In this Act—
the expression “the Minister” means the Minister for Agriculture;
the expression “the Act of 1935” means the Pigs and Bacon Act, 1935 (No. 24 of 1935);
the expression “the Act of 1937” means the Pigs and Bacon Act, 1937 (No. 23 of 1937);
the expression “the Acts of 1935 and 1937” means the Act of 1935 and the Act of 1937;
the expression “the Bacon Marketing Board” means the Bacon Marketing Board established under Part III of the Act of 1935;
the expression “the Pigs Marketing Board” means the Pigs Marketing Board established under Part IV of the Act of 1935;
the expression “the Commission” means the Pigs and Bacon Commission to be established under this Act;
the expression “authorised officer of the Commission” means a person authorised in writing by the Commission to exercise the powers conferred on an authorised officer of the Commission by this Act;
the expression “the transfer date” means the 1st day of January, 1940;
the word “prescribed” means prescribed by regulations made by the Commission under this Act.
(2) This Act shall be construed as one with the Acts of 1935 and 1937, and accordingly every word and expression to which a particular meaning is given by the Acts of 1935 and 1937 for the purposes of the Acts of 1935 and 1937 shall, in and for the purposes of this Act, have the meaning so given.
(3) References in this Act to the Act of 1935 shall be construed as references to the Act of 1935 as amended by the Act of 1937.
Repeals.
3.—The enactments mentioned in the Schedule to this Act are hereby repealed as on and from the transfer date to the extent mentioned in the third column of the said Schedule.
PART II.
The Pigs and Bacon Commission.
Establishment of the Pigs and Bacon Commission.
4.—(1) On the transfer date there shall be established a body (in this Act referred to as the Commission) to be styled and known as the Pigs and Bacon Commission to fulfil the functions transferred and assigned to it by this Act.
(2) The Commission shall be a body corporate with perpetual succession and a common seal (which shall be judicially noticed) and power to sue and be sued in its corporate name and to hold and dispose of land.
(3) The Commission shall consist of three members, namely a chairman (in this Act referred to as the Chairman) and two ordinary members (in this Act referred to as ordinary members).
The Chairman of the Commission.
5.—(1) The Minister shall before the transfer date and thereafter as occasion requires nominate a person to be the Chairman.
(2) The Chairman shall hold office during the pleasure of the Minister.
(3) Whenever the Chairman is through ill-health or other sufficient cause temporarily incapacitated from performing the duties of his office, the Minister shall nominate a person (being one of the ordinary members) to perform during such incapacity the duties of the Chairman and the person so appointed shall during such incapacity have all the powers of the Chairman and be deemed for the purposes of this Act to be the Chairman, and shall also be deemed during such incapacity not to be an ordinary member.
(4) There shall be paid by the Commission to any person nominated under the immediately preceding sub-section such remuneration and such allowances for expenses as the Minister may appoint.
The ordinary members.
6.—(1) The Minister shall before the transfer date and thereafter as occasion requires appoint persons to be ordinary members.
(2) No person shall be appointed an ordinary member unless he has, for at least eight years, served, in an administrative or technical capacity, as an officer of the Minister.
(3) Every ordinary member shall hold office during the pleasure of the Minister.
(4) Whenever an ordinary member of the Commission is through ill-health or other sufficient cause temporarily incapacitated from performing the duties of his office, the Minister may appoint another person to act as an ordinary member for such period (not exceeding the duration of such incapacity) as he shall think proper, and every person so appointed shall during the period for which he is so appointed be an ordinary member of the Commission in place of such ordinary member, and such ordinary member shall during such period be deemed not to be an ordinary member of the Commission.
(5) Whenever an ordinary member is nominated by the Minister under sub-section (3) of the immediately preceding section to perform the duties of the Chairman during any period, the Minister may appoint another person to act as an ordinary member of the Commission during such period and any person so appointed shall during the period for which he is so appointed be an ordinary member of the Commission in the place of such ordinary member.
Prohibition of interests in certain businesses.
7.—(1) A member of the Commission shall not while he holds office, retain, purchase, take, or become or remain beneficially interested in, any shares or interest in any company or trading concern dealing in any way in pigs, pork, bacon or offals.
(2) A member of the Commission shall be deemed to have an interest within the meaning of and in contravention of the foregoing sub-section if he accepts or receives or continues to accept or receive any loan or any financial assistance or accommodation of any kind, direct or indirect, from any company or trading concern dealing in any way in pigs, pork, bacon or offals or from any director, officer, proprietor or shareholder of such company or concern.
(3) If any member of the Commission acts in contravention of this section, the Minister shall remove such member from office and shall not at any time thereafter re-appoint him to be a member of of the Commission.
Remuneration of members of the Commission.
8.—(1) The Chairman shall be paid by the Commission such remuneration and such allowances for expenses as the Minister may from time to time appoint.
(2) Each ordinary member shall be paid by the Commission such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for Finance, may from time to time appoint.
Offices and staff of the Commission.
9.—(1) The Commission may with the sanction of the Minister purchase, take on lease, build or otherwise acquire and may equip and maintain such offices and other premises in such places as it considers necessary for the due performance of its functions and may sell, lease or otherwise dispose of any premises vested in it which it considers to be no longer necessary for that purpose.
(2) The Minister shall as soon as may be necessary before the transfer date and thereafter as occasion requires appoint a person to be the secretary of the Commission.
(3) The Secretary of the Commission shall hold office during the pleasure of the Minister and shall be paid by the Commission such remuneration and such allowances for expenses as the Minister may from time to time appoint.
(4) The Commission may, with the sanction of the Minister, appoint such and so many officers (other than the secretary), servants, and agents as the Commission shall from time to time consider necessary for the due performance of its functions and every officer, servant, and agent so appointed shall hold office upon such terms and subject to such conditions as the Commission with the sanction of the Minister shall determine.
(5) There shall be paid by the Commission to the officers (other than the secretary), servants and agents of the Commission such remuneration and allowances for expenses as the Commission with the sanction of the Minister may from time to time appoint.
Civil Servants seconded to the Commission.
10.—Where a person serving in the Civil Service of the Government is appointed (either in a whole-time or part-time capacity) a member or officer of the Commission, the Commission shall recoup to the Exchequer in such manner as the Minister for Finance may direct the salary of such person or such proportion thereof as the said Minister shall determine and also such charges in respect of superannuation and other allowances and gratuities payable under the Superannuation Acts for the time being in force to or in respect of such person as the said Minister shall determine to be proper.
Prohibition on disclosure of information by members and officers of the Commission.
11.—(1) Subject to the provisions of this section, it shall not be lawful for any member or officer of the Commission to disclose any information in relation to the business of any other person obtained by him in his capacity as such member or officer.
(2) If any person acts in contravention of 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 fifty pounds.
(3) Nothing in sub-section (1) of this section shall apply to the disclosure of any information for the purposes of any legal proceedings (whether civil or criminal) taken or proposed to be taken under the Acts of 1935 and 1937 or this Act or for the purposes of any arbitration under section 39 of the Act of 1937.
Procedure of the Commission.
12.—(1) The quorum for a meeting of the Commission shall be two.
(2) No meeting of the Commission shall be held unless the Chairman is present.
(3) Every question at a meeting of the Commission shall be determined by a majority of the members present and voting on the question, and in case of an equal division of votes the Chairman shall have a second or casting vote.
(4) The Commission may act notwithstanding one vacancy amongst the ordinary members.
(5) The Commission shall regulate with the approval of the Minister by standing orders or otherwise the procedure to be observed and the business to be transacted at its meetings.
Minutes of meetings of the Commission.
13.—The Commission shall keep in a book to be provided by it for the purpose, minutes of the proceedings at every meeting of the Commission, and all such minutes shall be signed either at the meeting to which they relate by the Chairman or at the next meeting by the Chairman, and when so signed shall be admitted in evidence.
The seal of the Commission.
14.—(1) The Commission shall provide and have a common seal.
(2) The seal of the Commission shall be authenticated by the signature of the Chairman.
(3) Every document purporting to be an order or other instrument issued or made by the Commission and to be sealed with the seal of the Commission authenticated in the manner provided by this section shall be received in evidence and shall, until the contrary is shown, be deemed to be such order or instrument without proof of the authority or signature of the person signing the same.
Accounts, records and reports of the Commission.
15.—(1) The Commission shall keep all proper books of accounts and other books and records and shall within six months after the end of every year prepare and transmit to the Minister and to every licensee, a statement of accounts (duly audited and certified by an auditor appointed by the Commission with the consent and approval of the Minister) in respect of such year and the Minister shall lay such statement of accounts before each House of the Oireachtas.
(2) The Commission shall in each year, at such date and in such form as the Minister may direct, make to the Minister a report of its proceedings during the preceding year and the Minister shall lay such report before each House of the Oireachtas.
(3) The Commission shall furnish to the Minister, in such form as the Minister may direct, such information, statistics and returns as the Minister may from time to time require.
(4) The Commission shall on payment of one shilling furnish to any person a copy of any statement of accounts which has been prepared in pursuance of this section.
The General Fund of the Pigs and Bacon Commission, the Bacon (Price Stabilisation) Fund and the Pigs (Insurance) Fund.
16.—(1) The Commission shall keep and maintain and manage in accordance with this Part of this Act—
(a) a fund (in this Act referred to as the General Fund) to be called and known as the General Fund of the Pigs and Bacon Commission; and
(b) a fund (in this Act referred to as the Stabilisation Fund) to be called and known as the Bacon (Price Stabilisation) Fund; and
(c) a fund (in this Act referred to as the Insurance Fund) to be called and known as the Pigs (Insurance) Fund.
(2) The following provisions shall apply and have effect in relation to each fund kept by the Commission in pursuance of this section—
(a) there shall be paid into such fund all moneys received by the Commission which are required by this Act to be paid into such fund;
(b) there shall be paid out of such fund all moneys which the Commission are required by this Act to pay out of such fund, and no other moneys;
(c) the Commission may, for the purpose of meeting charges required by this Act to be paid out of such fund, borrow on the security of such fund to such extent as may be sanctioned by the Minister;
(d) so much of such fund as in the opinion of the Commission is for the time being not immediately required for the payment of sums payable out of such fund under this Act shall be invested by the Commission in authorised Irish securities;
(e) the Commission may from time to time at their discretion vary or transpose any moneys (being part of such fund) invested under this sub-section into other investments authorised under this section, and may at any time sell and convert into money all or any investments made by them under this sub-section;
(f) all dividends and interest received by the Commission on investments (being part of such fund) made by them under this sub-section or in respect of the sale of any such investments shall be paid into such fund.
(3) For the purposes of sub-section (2) of this section each of the following shall be an authorised Irish security, that is to say:—
(a) any security charged on the Central Fund;
(b) any security the interest of which is guaranteed by the Minister for Finance;
(c) the stock of the Bank of Ireland;
(d) any stock, issued or to be issued by a local authority in the State, which is a security in which trustees are by the law for the time being in force authorised to invest trust funds.
Payments to be made out of the General Fund.
17.—There shall be paid out of the General Fund all moneys required or permitted by this Act to be paid by the Commission (other than moneys required by this Act to be paid out of the Stabilisation Fund or the Insurance Fund) and all expenses incurred by the Commission under the Acts of 1935 and 1937 and this Act.
Regulations.
18.—(1) The Commission may make regulations in relation to any matter or thing referred to in this Act as prescribed.
(2) Every regulation made by the Commission under this section shall be laid before both Houses of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything done previously under such regulation.
Evidence in proceedings by or against the Commission.
19.—(1) In any legal proceedings (including proceedings continued by this Act) by or against the Commission prima facie evidence of any order or regulation made by the Bacon Marketing Board, the Pigs Marketing Board or the Commission may be given by the production of a copy of the Iris Oifigiúil purporting to contain such order or regulation.
(2) A certificate purporting to be under the hand of the Secretary of the Commission certifying that a person named in such certificate was during a specified period a licensee shall be prima facie evidence of the matters so certified, and no proof shall be required of the handwriting or the official position of the person certifying the same.
(3) In any proceedings taken, by the Commission against a person who is or was a licensee prima facie evidence of all or any matters contained in a return made by or on behalf of such person in pursuance of section 112 or section 151 of the Act of 1935 or this Act may be given by the production of such return.
Prosecution of offences.
20.—(1) Any offence under any section contained in Parts III and IV of the Act of 1935, or in Parts III and IV of the Act of 1937 (whether committed before or after the transfer date) may, on or after the transfer date, be prosecuted by or at the suit of the Commission as prosecutor.
(2) Any offence under any section contained in this Act may be prosecuted by or at the suit of the Commission as prosecutor.
(3) Proceedings for an offence which may by virtue of this section be prosecuted by or at the suit of the Commission as prosecutor shall not on or after the transfer date be instituted except by or with the consent of the Commission.
PART III.
Abolition of the Bacon Marketing Board and the Pigs Marketing Board and Transfer of Functions, Property, Liabilities, etc., of such Boards to the Pigs and Bacon Commission, and Consequential Provisions.
Dissolution of Bacon Marketing Board and Pigs Marketing Board.
21.—(1) On the transfer date the Bacon Marketing Board and the Pigs Marketing Board shall by virtue of this sub-section be dissolved and cease to exist.
(2) The Bacon Marketing Board and the Pigs Marketing Board shall each be an abolished board for the purposes of this Act, and the expression “an abolished board” shall in this Act be construed accordingly.
Transfer of powers and duties to the Commission.
22.—(1) On the transfer date the several powers and duties under the Acts of 1935 and 1937 which immediately before the transfer date were exercised or performed or capable of being exercised or performed by the Bacon Marketing Board and the Pigs Marketing Board respectively shall be and are hereby transferred to and conferred and imposed on the Commission.
(2) On the transfer date the powers under section 68 of the Act of 1937 which immediately before the transfer date were exercised or performed or capable of being exercised or performed by the Chairman of the Pigs Marketing Board shall be and are hereby transferred to and conferred on the Commission.
Adaptation of the Acts of 1935 and 1937.
23.—(1) On and after the transfer date every mention of or reference to an abolished board contained in any provision of the Acts of 1935 and 1937 shall, subject to the provisions of this Act—
(a) in relation to anything done under such provision before the transfer date, be construed and have effect in like manner as it was construed and had effect immediately before the transfer date;
(b) in relation to anything done or required or permitted to be done under such provision on or after the transfer date, be construed and have effect as a mention of or a reference to the Commission.
(2) On and after the transfer date the references in section 68 of the Act of 1937 to the Chairman of the Board shall—
(a) in relation to anything done before the transfer date be construed and have effect in like manner as it was construed and had effect immediately prior to the transfer date;
(b) in relation to anything done or to be done or an event occurring on or after the transfer date be construed and take effect as references to the Commission.
Continuance of certain orders, etc., of the Bacon Marketing Board.
24.—(1) Any instrument to which this sub-section applies which relates to a period expiring on or after the transfer date shall, on and after the transfer date, continue in force and have effect, for the purposes of the Acts of 1935 and 1937, as if such instrument were made by the Commission on the date on which it was actually made and as if the Commission were on such last-mentioned date already the successor of the Bacon Marketing Board.
This sub-section applies to the following instruments, that is to say:—
(a) any order made by the Bacon Marketing Board under any of the following provisions of the Act of 1935, namely, sub-section (2) of section 98, and sections 102 and 105;
(b) any order made by the Bacon Marketing Board under any of the following provisions of the Act of 1937, namely, sub-section (1) of section 21, section 22, sub-section (1) of section 27, section 28, section 30, sub-section (1) of section 31, and section 32;
(c) any certificate made by the Bacon Marketing Board under any of the following provisions of the Act of 1937, namely, sub-section (5) of section 21, sub-section (2) of section 27, and sub-section (2) of section 31.
(2) Any order made under section 25 of the Act of 1937 by the Bacon Marketing Board before the transfer date and in force immediately before the transfer date shall, on and after the transfer date, continue in force and have effect as if it were made by the Commission on the transfer date.
Continuance of certain orders, etc., made by the Pigs Marketing Board.
25.—(1) Any regulations made by the Pigs Marketing Board under section 145 of the Act of 1935 and in force immediately before the transfer date shall, on and after the transfer date, continue in force and have effect as if such regulations were made by the Commission on the transfer date.
(2) Any order made by the Pigs Marketing Board under sections 52, 54, 56, 57, 58, 59, 62, or 63 of the Act of 1937 and in force immediately before the transfer date shall, on and after the transfer date, continue in force and have effect as if such order were made by the Commission on the transfer date.
(3) Any order (being an appointed price order or an appointed price (amending) order made under section 55 of the Act of 1937) which was in force immediately before the transfer date shall, on and after the transfer date, continue in force and have effect as if such order were made by the Commission on the date on which it was actually made and as if the Commission were on such last-mentioned date already the successor of the Pigs Marketing Board.
Transfer of property of abolished boards.
26.—(1) All property, whether real or personal (including choses-in-action) which immediately before the transfer date was vested in or belonged to or was held in trust for an abolished board and all rights, powers, and privileges relating to or connected with such property shall, on the transfer date and without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust for (as the case may require) the Commission for all the estate, term, or interest for which the same immediately before the transfer date was vested in or belonged to or was held in trust for such abolished board.
(2) All property transferred by this section, which immediately before the transfer date, was standing in the books of any bank or is registered in the books of any bank, corporation, or company shall, upon the request of the Commission made on or at any time after the transfer date, be transferred in such books by such bank, corporation or company into the name of the Commission.
(3) On and after the transfer date, every chose-in-action transferred by this section to the Commission may be sued upon, recovered, or enforced by the Commission in its own name, and it shall not be necessary for the Commission to give notice to the person bound by such chose-in-action of the transfer effected by this section.
(4) The following provisions shall apply in relation to any money or investments transferred to the Commission by this section, that is to say:—
(a) in case such money or investments represents moneys received by the Pigs Marketing Board under section 70 of the Act of 1937, such moneys or investments shall be paid into or form part of the Stabilisation Fund;
(b) in any other case such moneys or investments shall be paid into or form part of the General Fund.
(5) The following provisions shall apply in relation to any chose-in-action transferred to the Commission by this section, that is to say:—
(a) in case such chose-in-action represents money due to the Pigs Marketing Board under section 70 of the Act of 1937, any money received by the Commission in respect of such chose-in-action shall be paid into the Stabilisation Fund;
(b) in any other case, any money received by the Commission in respect of such chose-in-action shall be paid into the General Fund.
Transfer of liabilities of abolished boards.
27.—Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the transfer date is owing and unpaid or has been incurred and is undischarged by an abolished board shall, on the transfer date, become and be the debt or liability of the Commission and shall be paid or discharged by and may be recovered from or enforced against the Commission accordingly.
Preservation of continuing contracts.
28.—Every bond, guarantee, or other security of a continuing nature made or given by an abolished board to any person, or by any person to such abolished board, and in force immediately before the transfer date, and every contract or agreement in writing made between an abolished board and another person and not fully executed and completed before the transfer date shall, notwithstanding the dissolution of such abolished board continue in force on and after the transfer date, but shall be construed and have effect as if the name of the Commission were substituted therein for the name of such abolished board and such security, contract, or agreement shall be enforceable by or against the Commission accordingly.
Statement of assets and liabilities transferred to the Commission.
29.—(1) The Commission shall, as soon as may be after the transfer date, cause to be prepared a statement setting out particulars of—
(a) all transferred property and liabilities;
(b) the value of all transferred investments as on the transfer date;
(c) all transferred moneys or investments which are required to be paid into or form part of the Stabilisation Fund;
(d) all transferred choses-in-action the moneys receivable in respect of which are required to be paid into the Stabilisation Fund;
(e) all transferred moneys or investments which are required to be paid into or form part of the General Fund;
(f) all transferred choses-in-action the moneys receivable in respect of which are required to be paid into the General Fund.
(2) The Commission shall furnish to the Minister the statement to be prepared under this section and the Minister shall lay a copy of such statement before each House of the Oireachtas.
(3) In this section—
the word “transferred” means transferred by this Part of this Act to the Commission;
the word “required” means required by this Part of this Act.
Continuance of pending legal proceedings.
30.—In every action, suit, arbitration, or proceeding which is pending on the transfer date in any court or tribunal and to which an abolished board is a party, the Commission shall on the transfer date become and be a party in the place of such abolished board and such proceeding shall be continued between the Commission and the other parties thereto accordingly and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of such abolished board.
Preservation of contracts of service.
31.—Every contract of service expressed or implied which is in force immediately before the transfer date between an abolished board and any person being a salaried officer or employee of such abolished board shall continue in force on and after the transfer date, but shall be construed and have effect as if the Commission were substituted therein for each abolished board, and every such contract shall be enforceable by or against the Commission accordingly.
Provisions as regards salaried staffs of abolished boards.
32.—The following provisions shall apply and have effect in relation to any person who immediately before the transfer date was a salaried officer or employee of an abolished board, that is to say:—
(a) such person shall not while in the service of the Commission receive less remuneration than the remuneration to which he was entitled in the service of such abolished board immediately before the transfer date;
(b) the Commission may re-arrange the duties to be performed by such person.
Admissibility in evidence of books of abolished boards.
33.—(1) All books and other documents directed or authorised by or under the Acts to be kept by any abolished board and which immediately before the transfer date, would be receivable in evidence shall, notwithstanding the dissolution of such abolished board, be admitted in evidence as fully as if this Act had not been passed.
(2) Where an extract from or a certificate of the contents of any book or other documents directed or authorised by the Acts to be kept by an abolished board would, if verified in a particular manner by a particular officer of such abolished board, have been admissible before the transfer date as evidence of such contents, an extract from or a certificate of the contents of such book or document shall, if verified in such particular manner by the officer of the Commission corresponding to such particular officer, be admitted, on or after the transfer date, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Act had not been passed.
PART IV.
Levies Payable by Licensees to the Commission, Subsidies on Bacon, Compensation to Licensees in Respect of Condemned and Damaged Pigs and Carcases, Returns by Licensees, Records to be Kept by Licensees and Inspection of Licensed Premises.
Chapter I.
Levies Payahle by Licensees to the Commission.
Levies payable to the Commission in respect of carcases used for production of bacon by-licensees.
34.—(1) Every person who holds or has held a licence shall, for every levy period during which or any part of which he holds or has held such licence, pay to the Commission in respect of such licence a levy, calculated at the rate which is the appropriate rate in respect of such levy period, for every carcase used for the production of bacon during such half-year at the premises to which such licence relates.
(2) The Commission may at any time by order declare that there shall be no levy under this section in respect of any carcases used for the production of bacon during any specified levy period or specified part of a levy period, and may at any time revoke or amend any such order, and whenever any such order is in force, then, notwithstanding anything contained in this section, no levy shall be payable under this section in respect of any carcases used for the production of bacon during the levy period or part of a levy period to which such order relates.
(3) The following provisions shall apply and have effect in relation to the rate of levy under this section, that is to say:—
(a) the Commission shall not later than the expiration of the levy period commencing on the transfer date and may thereafter whenever and so often as they think fit, make an order fixing the rate of such levy;
(b) the first order under this sub-section shall be deemed to have come into force on the transfer date and every subsequent order under this sub-section shall come into force on the first day of the levy period commencing next after the making of such order;
(c) every order made under this sub-section shall remain in force until a subsequent order under this sub-section is made and comes into force;
(d) references in sub-section (1) of this section to the appropriate rate of levy in respect of a particular levy period shall be construed as references to the rate of levy fixed by an order under this sub-section which was in force during such levy period.
(4) For the purposes of this section each of the following periods shall be a levy period, that is to say:—
(a) the period commencing on the transfer date and ending on the 31st day of March, 1940;
(b) any period of three months commencing, after the transfer date, on any 1st day of April, 1st day of July, 1st day of October or 1st day of January.
(5) Any moneys paid to the Commission under this section shall be paid into the General Fund.
(6) Where on or after the transfer date bacon is produced by a licensee on behalf of the Commission under section 146 of the Act of 1935, no levy shall be payable under sub-section (1) of this section in respect of the carcases used for the production of such bacon.
Levies in respect of bacon sold in the State by licensees.
35.—(1) Every person who holds or has held a licence shall, for each month commencing on or after the transfer date during the whole or any part of which he held such licence, pay to the Commission in respect of such licence a levy, calculated at the rate which is the appropriate rate in respect of such month for each hundredweight of bacon (being bacon produced at the premises to which such licence relates) sold by such person during such month for consumption in the State.
(2) The Commission may at any time by order declare that no levy shall be paid under this section in respect of a particular month, and whenever any such order is made in respect of a particular month no levy shall be payable under this section in respect of such month.
(3) The following provisions shall apply and have effect in relation to the rate of levy payable under this section—
(a) the Commission shall not later than the expiration of the month commencing on the transfer date, and may thereafter, whenever and so often as it thinks fit, make an order fixing the rate of such levy;
(b) the first order under this sub-section shall be deemed to have come into force on the transfer date and every subsequent order under this sub-section shall come into force on the first day of the month next following the month in which such order is made;
(c) every order made under this sub-section shall remain in force until a subsequent order under this sub-section is made and comes into force;
(d) references in sub-section (1) of this section to the appropriate rate of levy in respect of a particular month shall be construed as references to the rate of levy fixed by an order under this sub-section which was in force during such month.
(4) Any moneys paid to the Commission under this section shall be paid into the Stabilisation Fund.
Levies in respect of bacon exported by licensees.
36.—(1) The Commission may, whenever and so often as it thinks fit, by order declare that every person who holds or has held a licence shall for a specified period, commencing after the date of such order, during the whole or any part of which he has held such licence, pay to the Commission a levy, calculated at the rate specified in such order, for each hundredweight of bacon exported by such person during such period to a specified country, and whenever any such order is made every person who holds or has held a licence shall, for the period specified in such order during the whole or any part of which he held such licence, pay to the Commission a levy, calculated at the rate specified in such order, for each hundredweight of bacon exported by such person during the period specified in such order to the country specified in such order.
(2) The Commission may by order under this sub-section amend any order made under sub-section (1) of this section.
(3) Any moneys paid to the Commission under this section shall be paid into the Stabilisation Fund.
Levies in respect of pigs purchased by licensees.
37.—(1) Every person who holds or has held a licence shall, for each month commencing on or after the transfer date during the whole or any part of which he held such licence, pay to the Commission a levy, equivalent to the sum for the time being fixed as the insurance allowance by an order made or deemed to have been made by the Commission under section 58 of the Act of 1937, for each pig purchased by him and brought on to the premises to which such licence relates during such month.
(2) The Commission may, whenever and so often as it is of opinion that the moneys standing to the credit of the Insurance Fund are not sufficient to meet the claims made or likely to be made under Chapter III of this Part of this Act, by order declare that every person who holds or has held a licence shall, for a specified period, ending on or before the date of such order, during the whole or any part of which he has held such licence, pay to the Commission a levy, at the rate specified in such order, for each pig purchased by him during such period, and whenever any such order is made every person who holds or has held a licence shall, for the period specified in such order during the whole or any part of which he held such licence, pay to the Commission a levy at the rate specified in such order for each pig purchased by him during such period.
(3) Any moneys paid to the Commission under this section shall be paid into the Insurance Fund.
Recovery of levies.
38.—(1) Where under any section contained in this Chapter of this Part of this Act a levy is payable, for a particular period, by a person who held a licence during the whole or any part of such period, the following provisions shall apply, that is to say:—
(a) the Commission shall, as soon as may be after the expiration of such period, ascertain the amount of such levy;
(b) if the licence held by such person is revoked by the Minister under Part II of the Act of 1935, the amount of such levy may, if the Commission thinks fit, be ascertained by it immediately upon such revocation;
(c) as soon as the amount of such levy has been so ascertained, the Commission shall make a certificate (in this section referred to as a certificate of indebtedness) certifying the period for which such levy is payable, the person by whom such levy is payable and the amount of such levy, and shall serve a copy of such certificate on such person.
(2) Where a copy of a certificate of indebtedness is served on the person thereby certified as liable to pay the levy the subject thereof, the amount certified by such certificate shall become and be payable by such person to the Commission and shall, after the expiration of twenty-eight days from such service, be recoverable by the Commission as simple contract debt in a court of competent jurisdiction.
(3) If any licensee fails or neglects to pay the amount certified by a certificate of indebtedness to be payable by him within four weeks after the service of a copy of such certificate on him, the Minister may revoke the licence in relation to which such amount is payable, but such revocation shall not relieve such person from liability to pay the said amount.
(4) Where the Minister revokes a licence under the immediately preceding sub-section, sub-section (3) of section 30 (which relates to alteration and revocation of licences) of the Act of 1935 shall apply.
(5) The expression “this Act” in sub-section (1) of section 3 (which relates to service of documents) of the Act of 1935 shall be construed as including this section.
Change in ownership of licence during a period for which a levy is payable.
39.—Where a licence is held by two or more persons in succession during any period for which a levy is payable under any section contained in this Chapter of this Part of this Act, then, for the purposes of the said Chapter—
(a) such licence shall be deemed to have been held during the whole of such period by the person (in this section referred to as the last holder) who last held such licence during such period and not to have been held by any other person at any time during such period;
(b) any bacon sold in the State or exported during such period by a predecessor in title of the last holder shall be deemed to have been sold in the State or exported during such period by the last holder;
(c) any pigs purchased by a predecessor in title of the last holder during such period shall be deemed to have been purchased during such period by the predecessor in title of the last holder.
Chapter II.
Subsidies on Bacon.
Subsidies on bacon exported by licensees.
40.—(1) Subject to the provisions of this section, there shall be paid by the Commission to every holder of a licence who exports any bacon (being bacon produced at the premises to which such licence relates), on or after the transfer date a subsidy on bacon so exported at the rate which—
(a) is fixed by an order, in force at the time of export, made under the next following sub-section, and
(b) is applicable under such order to such bacon.
(2) The Commission shall, not later than the expiration of the month commencing on the transfer date, and may thereafter, whenever and so often as it thinks fit, make under this sub-section an order fixing the rate of subsidy on exported bacon, and the following provisions shall apply in respect of orders made under this sub-section, that is to say:—
(a) in making an order under this sub-section, the Commission may—
(i) divide bacon into such and so many classes (defined in such manner as the Commission thinks proper) as the Commission thinks fit, and
(ii) fix different rates of subsidy in respect of different classes of bacon;
(b) the first order under this sub-section shall be deemed to have come into force on the transfer date, and every subsequent order shall come into force on such day as may be specified in that behalf;
(c) every order made under this sub-section shall remain in force until a subsequent order is made and comes into force.
(3) The Commission may at any time by order (in this sub-section referred to as a suspending order) under this sub-section declare—
(a) that no subsidy shall be payable under this section on bacon exported on or after a specified date, or
(b) that no subsidy shall be payable on any class or classes (defined in such manner as the Commission thinks proper) exported on or after a particular date,
and may at any time by order revoke a suspending order, and whenever a suspending order is made declaring that no subsidy shall be payable under this section on bacon or any class of bacon exported on or after a particular date, then no subsidy shall be payable under this section on bacon or such class of bacon (as the case may be) exported on or after such date and while such suspending order is in force.
(4) In defining any class of bacon for the purposes of this section, the Commission may define such class by reference to the country to which such bacon is exported.
(5) Every order made under this section shall be made with the concurrence of the Minister.
Subsidies on bacon sold in the State by licensees.
41.—(1) The Commission may, whenever and so often as it thinks fit, by order declare that there shall be paid by the Commission to every holder of a licence who sells any bacon (being bacon produced at premises to which such licence relates) in the State during a specified period a subsidy at the rate specified in such order on such bacon sold by such licensee in the State during such period, and whenever any such order is made there shall be paid by the Commission to every holder of a licence who sells any bacon (being bacon produced at the premises to which such licence relates) in the State during the period specified in such order a subsidy on all such bacon sold by such licensee in the State during such period, at the rate specified in such order and in force at the time such bacon is sold.
(2) The Commission may at any time by order under this sub-section amend an order made under sub-section (1) of this section.
Applications for payment of subsidy.
42.—(1) Every person who claims to be entitled to be paid a subsidy under this Part of this Act may apply to the Commission in the prescribed form and manner for payment of such subsidy.
(2) Every application under this section for payment of a subsidy shall contain or be accompanied by the prescribed particulars and the prescribed documents of or relating to the claim for such subsidy.
Subsidies to be payable out of Stabilisation Fund.
43.—All moneys required to pay any subsidy under this Part of this Act shall be paid out of the Stabilisation Fund.
Chapter III.
Compensation to Licensees in Respect of Condemned and Damaged Pigs and Carcases.
Compensation to licensees in respect of damaged pigs and carcases.
44.—(1) Any person who claims to be the owner of any pigs or carcases to which this section applies may make an application to the Commission for compensation in respect of such pigs or carcases.
(2) The Commission, on receipt of an application under this section by a person for compensation and after such inquiry as the Commission thinks fit to make, may, if it so thinks fit, pay to such person out of the Insurance Fund such compensation in respect of the pigs or carcases to which the application relates as the Commission, having regard to all the circumstances of the case, thinks just.
(3) This section applies to—
(a) all pigs which have been presented on or after the transfer date to a veterinary examiner under Part II of the Act of 1935, and have not been passed by such examiner as fit for slaughter, and
(b) all carcases or parts of carcases of pigs which were presented on or after the transfer date to a veterinary examiner under Part II of the Act of 1935 and have been found not fit for human consumption;
(c) all carcases of pigs (being pigs purchased by a licensee) which were condemned on or after the transfer date by a local sanitary authority under statutory powers.
(4) The Commission may, whenever and so often as it thinks fit, by order declare that this section shall also apply to non-factory-purchased pigs purchased by licensees which after purchase were damaged in course of transit to the premises of the purchaser and may revoke any such order and when any such order is made this section shall also apply to any non-factory-purchased pigs purchased by licensees which were so damaged while such order was in force.
(5) No compensation shall be paid under this section unless—
(a) the claim therefor is made within the prescribed time, and
(b) the application therefor is made in the prescribed manner and contains the prescribed particulars.
Chapter IV.
Returns by Licensees, Records to be Kept by Licensees and Inspection of Licensed Premises.
Returns to the Commission by licensees.
45.—(1) The Commission may make regulations in relation to all or any of the following matters, that is to say:—
(a) the returns (including returns in relation to any period or periods commencing before the date of such regulations, but not earlier than the 1st day of July, 1939), to be made to the Commission by holders of licences;
(b) the times at which such returns are to be made;
(c) the forms in which such returns are to be made.
(2) Every person, required by regulations made under this section to make any return, who fails or refuses to make such return in accordance in all respects with such regulations, or who makes in any such return any statement which is false or misleading in any material respect, 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 ten pounds and, in the case of a second or any subsequent offence under this section, to a fine not exceeding twenty-five pounds.
(3) Until regulations are made under this section and have come into force, sections 112 and 151 of the Act of 1935 and any regulations made under the said sections shall continue in force, subject to the modification that so much of such regulations as requires any return to be made to an abolished board shall be construed as requiring that any such return made on or after the transfer date shall be made to the Commission and, upon the coming into force of regulations under this section, sections 112 and 151 of the Act of 1935 shall cease to be in force.
Records to be kept by licensees.
46.—(1) Every licensee under a licence shall keep or cause to be kept at the premises to which such licence relates the prescribed records in the prescribed form and shall make or cause to be made in every such record the prescribed entries within the prescribed time.
(2) Every record kept in pursuance of this section may be inspected at any time during office hours by an authorised officer of the Commission and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such authorised officer on demand such record and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) reasonably demanded by such authorised officer for the purpose of verifying any entry in or explaining any omission from such record.
(3) If any person—
(a) fails to keep or cause to be kept such record as is required by this section to be kept or caused to be kept by him, or
(b) fails to make or cause to be made in such record within the time appointed by this section any entry required by this section to be made by him therein, or
(c) fails to produce or cause to be produced for inspection by an authorised officer of the Commission on demand any record, document, or copy of a document which he is required by this section to produce or obstructs any such authorised officer in the making of such inspection, or
(d) makes or causes to be made in such record any entry which is false or misleading in any material particular,
such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
(4) For the purposes of this section—
(a) inspection of a record or document shall include taking copies thereof or extracts therefrom, and
(b) a demand for an inspection of a record required by this section to be kept at any premises or of any other document reasonably demanded by an authorised officer of the Commission under this section for the purpose of verifying any entry in, or explaining any omission from such record shall be deemed to have been duly made to the person liable under this section to keep such record if such demand is made verbally at such premises to the senior member of the managerial or clerical staff then present or to the foreman or other senior person in charge of the premises, and
(c) a refusal or failure to produce a record required by this section to be kept at any premises or any other document reasonably demanded by an authorised officer of the Commission under this section for the purpose of verifying any entry in or any omission from such record, if made or committed at such premises by the senior member of the managerial or clerical staff then present or by the foreman or other senior person in charge of the premises shall be deemed to have been made or committed by the person liable under this section to produce such record or document.
(5) Until regulations prescribing the matters or things referred to as prescribed in sub-section (1) of this section are made and have come into force, sections 113 and 152 of the Act of 1935 and any regulations made in relation to any matters referred to in the said sections as prescribed and in force immediately before the transfer date shall continue in force, and upon the coming into force of such first mentioned regulations the said sections 113 and 152 shall cease to be in force.
(6) On and after the transfer date the references in sections 113 and 152 of the Act of 1935 to an authorised officer of the Bacon Marketing Board and to an authorised officer of the Pigs Marketing Board respectively shall during the continuance in force of the said sections by virtue of sub-section (5) of this section be construed as references to an authorised officer of the Commission.
Inspection of licensed premises, etc., by authorised officers of the Commission.
47.—(1) An authorised officer of the Commission shall be entitled (subject to the production by him if so required of his authority in writing as such authorised officer) at all reasonable times—
(a) to enter on any licensed premises and to inspect any pigs, carcases and bacon in such premises and to observe and examine any process carried on in such premises, and
(b) enter any cold store and inspect any bacon in such cold store.
(2) Every person who obstructs or impedes any authorised officer of the Commission in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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.
SCHEDULE.
Enactments Repealed.
No. and Year | Short Title | Extent of Repeal |
No. 24 of 1935. | Sections 74 to 97, sub-section (5) of section 98, section 110, sections 117 to 139, section 149. | |
No. 23 of 1937. | Sections 13 to 18, sections 43 to 50. | |
No. 35 of 1938. | The whole Act. |