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1. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
2. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1947 S.I. No. 429/1947 - Fuel Order, 1947. S.I. No. 429/1947 - Fuel Order, 1947. AmendmentsLeasuithe STATUTORY RULES AND ORDERS. 1947. No. 429. FUEL ORDER, 1947. I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise

the powers conferred on me by Article 31

the Emergency Powers Order, 1939 (S. R. & O. No. 224

1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166

1942) (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22

1946)), and

every and any other power me in this behalf enabling, hereby order as follows: — PART I.PRELIMINARY AND GENERAL. 1 Short title and commencement 1.—

January,

1. 2 Definitions
2. In this Order— authorised

ficer. the expression " authorised

ficer " means any person being (a) any

ficer

Customs and Excise, or (b) any person appointed by the Minister to be an authorised

ficer for the purposes

the Order

1941 or

this Order ; Controlled (turf) sale district. the expression " the controlled (turf) sale district " means the areas specified in the First Schedule to this Order ; exchange value. the expression " exchange value " means— (

1. a)in relation to a fuel coupon marked " BB " or " DD " four stones ; (
2. b)in relation to any other fuel coupon, the quantity declared by a supplemental order to be the exchange value thereof ; fuel coupon. the expression " fuel coupon " means a coupon which forms or formed part

a fuel licence ; fuel licence. the expression " fuel licence " means a licence issued under paragraph

Article 4

the Emergency Powers (Control

Fuel) Order, 1941 (Eleventh Amendment) Order, 1947 (S. R. & O. No. 312

1947), or under paragraph

Article 5

this Order ; fuel merchant. the expression " fuel merchant " means a person who carries on the business

selling (including selling from a vehicle) fuel whether by wholesale or by retail ; fuel merchant's licence. the expression " fuel merchant's licence " means a licence issued or deemed to have been issued under Article 3

this Order ; holder

a fuel licence. references to the holder

a fuel licence shall be construed as references to the person to whom the licence is issued and to no other person ; licensed fuel merchant. the expression " licensed fuel merchant " means a person who is for the time being the holder

a fuel merchant's licence ; Minister. the expression " the Minister " means the Minister for Industry and Commerce ; operative date. the expression " the operative date " means the 1st day

January, 1948 ; Order

1941. the expression " the Order

1941 " means the Emergency Powers (Control

Fuel) Order, 1941 (S. R. & O. No. 411

1941) ; period

validity. the expression " period

validity " means— (

1. a)in relation to a fuel coupon marked " BB, " October and November, 1947. (
2. b)in relation to a fuel coupon marked " DD, " December, 1947 and January, 1948, (
3. c)in relation to any other fuel coupon, the period declared by a supplemental order to be its period

validity. permit. the word " permit " means a permit issued or deemed to have been issued under Article 4

this Order ; supplemental order. the expression " supplemental order " means an order made by the Minister and supplemental to this Order ; turf. the word " turf " includes briquettes made wholly or mainly

turf ; turf coupon. the expression " turf coupon " means a fuel coupon, being— (

1. a)a fuel coupon marked " BB " or " DD," or (
2. b)a fuel coupon declared by a supplemental order to be applicable to turf. 3 Fuel merchant's licence 3.—

selling fuel, and every such application shall— (

1. a)be in writing, (
2. b)be sent to the Secretary, Department

Industry and Commerce, Dublin, and (c) be accompanied by the fee (if any) directed by the Minister for Finance to be paid in respect

a fuel merchant's licence.

an application duly made for a fuel merchant's licence the Minister may, in his discretion, grant or refuse the application.

1941, which is in force immediately before the operative date, shall, on and after the operative date, be deemed to be a fuel merchant's licence issued under this Article and subject to the same conditions (if any) as were attached to it upon its actual issue. 4 Permits 4.—

this Order and may attach conditions to any permit so issued.

the Order

1941, which is in force immediately before the operative date shall, on and after the operative date, be deemed to be a permit duly issued for the purposes

this Order subject to the same conditions (if any) as were attached to it upon its actual issue. 5 Fuel licences 5.—

a licence to which there are attached coupons, each

which is marked with the words " one Fuel Unit " or the words " Aonad Breosla Amháin."

the fuel licence to which the coupon is attached to purchase during the period

its validity a quantity (not exceeding the exchange value

the coupon)

, in case the coupon is marked " DD," turf or, in any other case, the kind

fuel to which the coupon is declared by a supplemental order to be applicable.

fuel licences to such persons as, in his absolute discretion, he thinks fit.

a fuel licence shall comply with such conditions as are attached to the licence. 6 Revocations 6. The Orders mentioned in the Second Schedule to this Order are hereby revoked. PART II.PROVISIONS IN RELATION TO TURF. 7 Prohibition on sale

turf in the controlled (turf) sale district otherwise than by licensed fuel merchants. etc 7. No person shall, in the controlled (turf) sale district, sell or deliver on sale turf unless— (

1. a)he is a licensed fuel merchant, or (
2. b)the sale is made under and in accordance with a permit or other authority given by the Minister. 8 Restrictions on sale

turf in the controlled (turf) sale district to persons other than licensed fuel merchants 8. In the controlled (turf) sale district, a licensed fuel merchant shall not sell to any person (other than another licensed fuel merchant), nor shall any person (other than a licensed fuel merchant) purchase, any turf, unless— (a) the following conditions are, at the time

sale, complied with— (i) the purchaser is the holder

a fuel licence having attached thereto a number

turf coupons, the period

validity whereof is then current ; (ii) the said licence is produced to the vendor, (iii) the quantity

turf does not exceed the exchange value

the said number

the said turf coupons, and (iv) the vendor detaches from the said licence a number

the said turf coupons sufficient, having regard to the exchange value thereof, to cover the sale, or (b) the turf is sold under and in accordance with a permit. 9 Disposal

fuel coupons by licensed fuel merchants 9. Where any fuel coupons are detached by a licensed fuel merchant in pursuance

Article 8

this Order he shall not dispose

them except as provided by Article 10

this Order or in accordance with directions given by the Minister. 10 Restrictions on sale

turf in controlled (turf) sale district, by licensed fuel merchants to other licensed fuel merchants 10.—

the sale a number

appropriate fuel coupons, the period

validity whereof is then current or has expired not more than two months previously, sufficient, having regard to the exchange value thereof, to cover the sale, or) (b) the turf is sold under and in accordance with a permit or other authority given by the Minister.

a fuel coupon or a permit may be delivered or accepted 11.—

, the fuel except during the period

validity

that fuel coupon.

, the fuel except during the period specified in that permit. 12 Sale

turf from vehicle in controlled (turf) sale district 12. No person shall sell or deliver on sale in the controlled (turf) sale district from any vehicle turf unless there is conspicuously displayed on such vehicle the letters " CML " or " FML " and the number

the fuel merchant's licence held by the licensed fuel merchant by or on whose behalf the turf is being sold or delivered. 13 Sale

turf in bags 13. Where a person sells in the controlled (turf) sale district turf in a bag, he shall include in the bag not less than 56 lbs.

turf. 14 Records

purchases and sales

turf 14.—

selling turf shall keep, at the premises specified in his fuel merchant's licence or at such other premises as the Minister may from time to time agree to, a record

the name and address

each person from whom he has purchased for the purpose

such business or to whom, in the course

such business, he has delivered on sale turf on or after the operative date, the date

such purchases and deliveries and

the quantity

turf so purchased from, or delivered on sale to, such person.

turf not exceeding four stones in weight by a fuel merchant who sells turf only by hawking in public places and has no fixed place at which he habitually sells turf. PART III.PROVISIONS IN RELATION TO ANTHRACITE. 15 Restrictions on sale

anthracite 15. No person in the State shall sell or deliver on sale anthracite to any other person in the State nor shall any person purchase or take delivery on sale

anthracite from any other person in the State unless— (

1. a)the vendor is a licensed fuel merchant and the sale is made under and in accordance with a permit or other authority given by the Minister, or (
2. b)if the vendor is not a licensed fuel merchant, the sale is made under and in accordance with an authority given by the Minister. 16 Records

purchases and sales

anthracite 16. Every licensed fuel merchant shall keep, at the premises specified in his fuel merchant's licence or at such other premises as the Minister may from time to time agree to, a record

the name and address

each person from whom he has purchased, or to whom he has delivered on sale, anthracite on or after the operative date, the dates

such purchases and deliveries and

the quantity

anthracite so purchased from, or delivered on sale to, such person. PART IV.MISCELLANEOUS. 17 Returns 17.—

ten as he, thinks fit, serve on any licensed fuel merchant a notice requiring him to furnish to the Minister, at such times, as may be specified in the notice, periodical or other returns containing such particulars relating to his business as may be specified in the notice.

ten as he thinks fit, serve on any person a notice requiring him to furnish to the Minister, within such time as may be specified in the notice, a return containing such particulars relating to the purchase

fuel by him as may be specified in the notice.

Article 18

the Order

1941 shall, on and after the operative date, be deemed to be a notice duly served under the corresponding paragraph

this Article. 18 Production

books, etc 18. Every licensed fuel merchant, and every person employed by a licensed fuel merchant, is hereby required, from time to time— (a) to produce, at the request

an authorised

ficer, to such

ficer any books or documents relating to the purchase and sale

fuel for the purposes

the business

the merchant which are in his power, possession or procurement, to permit such

ficer to inspect and take extracts from such books or documents, and to give to such

ficer any information which he may reasonably require, in regard to any entries in such books or documents, (b) to afford to an authorised

ficer all reasonable facilities for the examination and measurement

any stocks

fuel carried in connection with such business, (c) to give to an authorised

ficer any information, which he may reasonably require, in regard to the purchase, storage or sale

fuel for the purposes

such business. 19 Information by occupier

premises as to purchase

fuel 19. The occupier

any premises shall, on the request

an authorised

ficer, give to such authorised

ficer any information, which such authorised

ficer may reasonably require, in regard to the purchase

fuel by such occupier. FIRST SCHEDULE. THE CONTROLLED (TURF) SALE DISTRICT. 1. The county boroughs

Cork, Dublin and Waterford. 2. The administrative counties

Dublin, Kilkenny, Louth, Wexford and Wicklow. 3. The administrative county

Waterford, excluding the following rural districts as constituted immediately before the 1st day

October, 1925, namely, Dungarvan, Clonmel (No. 1), Lismore (including the towns

Lismore and Cappoquin) and Youghal (No. 2). 4. The area in the administrative county

Cork consisting

— (

1. a)the following District Electoral Divisions, namely, Blackrock, Bishops-town, St. Mary's, Lehanagh and Douglas, and (
2. b)the townlands

Rathpeacon and Carhoo in the District Electoral Division

Whitechurch, the townlands

Arderrow, Ballyharoon, Banduff, Kilcully, Ballinamought East, Lehardane, Lota Beg and Lota More in the District Electoral Division

Rathcooney and the townland

Doughcloyne in the District Electoral Division

Inishkenny. SECOND SCHEDULE. ORDERS REVOKED. 1. Emergency Powers (Control

Fuel) Order, 1941 (S. R. & O. No. 411

1941). 2. Emergency Powers (Control

Fuel) Order, 1941 (First Amendment) Order, 1941 (S. R. & O. No. 454

1941). 3. Emergency Powers (Control

Fuel) Order, 1941 (Second Amendment) Order, 1941 (S. R. & O. No. 480

1941). 4. Emergency Powers (Control

Fuel) Order, 1941 (Third Amendment) Order, 1941 (S. R. & O. No. 531

1941). 5. Emergency Powers (Control

Fuel) Order, 1941 (Fourth Amendment) Order, 1942 (S. R. & O. No. 24

1942). 6. Emergency Powers (Control

Fuel) Order, 1941 (Fifth Amendment) Order, 1942 (S. R. & O. No. 225

1942). 7. Emergency Powers (Control

Fuel) Order, 1941 (Sixth Amendment) Order, 1942 (S. R. & O. No. 375

1942). 8. Emergency Powers (Control

Fuel) Order, 1941 (Seventh Amendment) Order, 1943 (S. R. & O. No. 53

1943). 9. Emergency Powers (Control

Fuel) Order, 1941 (Eleventh Amendment) Order, 1947 (S. R. & O. No. 312

1947). 10. Emergency Powers (Control

Fuel) Order, 1941 (Eleventh Amendment) Order, 1947 (Supplemental Provisions) (No. 2) Order, 1947 (S. R. & O. No. 389

1947). GIVEN under my

ficial Seal, this 31st day

December, 1947. (Signed) SEÁN F. LEMASS, Minister for Industry and Commerce. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government

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