Prices Act, 1958

Prices Act, 1958 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1958 Prices Act, 1958 Prices Act, 1958 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 4 of 1958.

PRICES ACT, 1958.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary And General.

Section

Section 1

Short title and commencement.

Section 2

Definitions generally.

Section 3

Construction of references to selling and rendering a service.

Section 4

Hire-purchase agreements.

Section 5

Restriction of Act.

Section 6

Laying of orders before Houses of the Oireachtas.

Section 7

Expenses.

Section 8

Repeals.

PART II.

Prices Advisory Committees.

Section 9

Constitution of Prices Advisory Committees.

Section 10

Functions of an Advisory Committee.

Section 11

Dissolution of Advisory Committees.

Section 12

Notice of constitution of an Advisory Committee.

PART III.

Prices For Commodities And Charges For Services.

Section 13

Fixing of maximum prices of commodities and charges for services consequential on a report by the Fair Trade Commission.

Section 14

Fixing of maximum prices of commodities and maximum charges for services consequential on a report by an Advisory Committee.

Section 15

Declaration by the Government of existence of a state of emergency affecting the supply of commodities.

Section 16

Fixing of maximum price of a commodity and maximum charge for a service during currency of an order under section 15 (1).

Section 17

Fixing of maximum wholesale and retail prices of bread and sugar and maximum retail prices of butter and milk.

Section 18

Provisions in relation to orders.

Section 19

Retail price display orders.

Section 20

Revocation and amendment of orders under Part III.

Section 21

Effect on contracts of orders controlling prices and charges.

Section 22

Offences under Part III.

PART IV.

Miscellaneous Provisions

Section 23

Authorised officers.

Section 24

Powers of authorised officers.

Section 25

Prohibition on disclosure of information.

Section 26

Penalties for offences.

Section 27

Offences in relation to bodies corporate and unincorporated bodies.

Section 28

Prosecution of offences.

FIRST SCHEDULE.

Enactments Repealed SECOND SCHEDULE.

Prices Advisory Committees THIRD SCHEDULE.

Commodities in Respect of Which the Minister May Make Retail Price Display Orders Acts Referred to Supplies and Services (Temporary Provisions) Act, 1946 No. 22 of 1946 Emergency Powers Act, 1939 No. 28 of 1939 Control of Prices Act, 1937 No. 26 of 1937 Prices Commission (Extension of Functions) Act, 1938 No. 15 of 1938, Restrictive Trade Practices Act, 1953 No. 14 of 1953 Hire-Purchase Act, 1946 No. 16 of 1946 Local Government Act, 1941 No. 23 of 1941 Milk (Regulation of Supply and Price) Act, 1936 No. 43 of 1936 Local Authorities (Combined Purchasing) Act, 1939 No. 14 of 1939 Number 4 of 1958.

PRICES ACT, 1958.

AN ACT TO PROVIDE FOR THE CONTROL OF PRICES AND CHARGES FOR COMMODITIES AND SERVICES AND FOR OTHER MATTERS CONNECTED THEREWITH. [19th March, 1958.] WHEREAS by reason of the fact that the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946), will not continue to be in force after the 31st day of December, 1957— (a) the wide powers (in this Preamble referred to as the emergency powers) of controlling by order the prices of commodities and the charges for services conferred on a member of the Government by Article 31 of the Emergency Powers Order, 1939 (S.R. & O., No. 224 of 1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S.R. & O., No. 166 of 1942), (which Orders were made under the Emergency Powers Act, 1939 (No. 28 of 1939), now expired, and were continued in force by the said Supplies and Services (Temporary Provisions) Act, 1946 ) will cease to be exercisable after the said date, and (b) any orders, made in exercise of the emergency powers, which were in force on the said date will cease to be in force after the said date;

AND WHEREAS the Control of Prices Act, 1937 (No. 26 of 1937), is unsuited to the present needs of the State, and it is therefore expedient to repeal it, and consequentially, the Prices Commission (Extension of Functions) Act, 1938 (No. 15 of 1938);

AND WHEREAS it is desirable, in the public interest, to provide for controlling, in certain cases hereinafter mentioned in this Recital, the prices for certain commodities (excluding, amongst other commodities, commodities sold for export or exported for sale) and the charges for rendering certain services (excluding, amongst other services, services to be rendered outside the State), and for that purpose to authorise the Minister for Industry and Commerce to control the prices for any such commodity and the charges which may be made for any such service, where— (a) he is of opinion that, by reason of the existence of restrictive trade practices in connection with the supply or distribution of the commodity, excessive prices are being or may be charged, or (b) he is of opinion that, by reason of the existence of restrictive trade practices in connection with the rendering of the service, excessive charges are being or may be made, or (c) he is of opinion that, by reason of causes within the control of manufacturers or undue labour costs, excessive prices are being or may be charged for the commodity by manufacturers, or (d) he is of opinion that by reason of causes within the control of persons rendering the service or undue labour costs, excessive charges are being or may be made for rendering the service by those persons, or (e) there is in force an order made by the Government declaring that a state of emergency affecting the supply of the commodity exists;

AND WHEREAS it is also desirable, in the public interest, to authorise the Minister for Industry and Commerce to make, whenever and so often as he thinks fit, orders controlling the wholesale and retail prices for bread and sugar and the retail prices for butter and milk;

AND WHEREAS it is also desirable, in the public interest, to authorise the Minister for Industry and Commerce to provide for the display, by persons selling certain commodities, of the retail prices thereof.

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary And General.

Short Title And Commencement.

1.— (1) This Act may be cited as the Prices Act, 1958.

Definitions generally.

2.—In this Act— “the Act of 1953” means the Restrictive Trade Practices Act, 1953 (No. 14 of 1953); “Advisory Committee” means a Prices Advisory Committee constituted under section 9 of this Act; “authorised officer” means a person appointed to be an authorised officer under section 23 of this Act; “the Minister” means the Minister for Industry and Commerce; “restrictive practices” has the same meaning as in the Act of 1953.

Construction of references to selling and rendering a service.

3.—In this Act— a reference to selling shall be construed as including a reference to agreeing or offering to sell or inviting an offer to buy; a reference to rendering a service shall be construed as including a reference to agreeing or offering to render a service or inviting an offer for its rendering; a reference to an offer.to sell shall be construed as including a reference to a notification by a person of the price proposed by him for the sale of a commodity made by the publication of a price list or by exposing the commodity for sale in association with a mark indicating price or by the furnishing of a condition or otherwise; a reference to an offer to render a service shall be construed as indicating a reference to a notification by a person of the charge proposed by him for its rendering made by the publication of a list of charges or by the furnishing of a condition or otherwise.

Hire-purchase agreements.

4.—For the purposes of this Act, a hire-purchase agreement, within the meaning of section 1 of the Hire-Purchase Act, 1946 (No. 16 of 1946), shall be deemed to be an agreement to sell and the sale shall be deemed to take place on the date on which the agreement is entered into.

Restriction of Act.

5.—This Act does not apply to any of the following— (a) activities carried on by or on behalf of a Minister of State, a local authority, within the meaning of the Local Government Act, 1941 (No. 23 of 1941), a vocational education committee, a railway, road, air or water transport undertaking or a harbour authority; (b) prices for commodities (other than bread or milk), the prices for which are or may be controlled, regulated, or specified either under any other enactment or any instrument made thereunder or in discharge of any statutory duty; (c) charges for services, the charges for which are or may be controlled, regulated, or specified either under any other enactment or any instrument made thereunder or in discharge of any statutory duty; (d) prices paid to producers, or received by dealers at factories, for primary agricultural products (including eggs, poultry, milk and milk products) and horticultural products; (e) charges for artificial insemination; (f) ex-boat prices of fish and all transactions of An Bord Iascaigh Mhara; (g) charges for services wholly of a professional character; (h) charges for services rendered in connection with banking or insurance; (i) prices for commodities sold for export or exported for sale; (j) charges for services rendered outside the State.

Laying of orders before Houses of the Oireachtas.

6.—Every order made by the Government or the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House, within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses.

7.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

8.—The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule.

PART II.

Prices Advisory Committees.

Constitution of Prices Advisory Committees.

9.—(1) The Minister may from time to time by warrant under his hand constitute such and so many bodies of persons as he thinks fit, each of which bodies shall be called a Prices Advisory Committee and is in this Act referred to as an Advisory Committee.

Functions of an Advisory Committee.

10.—(1) The functions of an Advisory Committee shall be to enquire into, and report to the Minister upon, such of the following matters as may be specified in the warrant constituting it, namely— (a) the prices charged for the commodity specified in the warrant by manufacturers thereof, (b) the methods of marketing that commodity by manufacturers thereof, (c) the charges made for rendering the service specified in the warrant by persons rendering it, (d) the methods of rendering that service by persons rendering it.

Dissolution of Advisory Committees.

11.—(1) Where the warrant constituting an Advisory Committee provides for the date of its dissolution, it shall stand dissolved on that date unless it has prior thereto furnished its report to the Minister, in which case it shall stand dissolved immediately after furnishing its report.

Notice of constitution of an Advisory Committee.

12.—Where the Minister constitutes an Advisory Committee, he shall cause to be published, in such manner as he thinks fit, notice of its constitution and of the matters into which it is to enquire.

PART III.

Prices for Commodities and Charges for Services.

Fixing of maximum prices of commodities and charges for services consequential on a report by the Fair Trade Commission.

13.—(1) Where the Minister, having considered a report of the Fair Trade Commission under the Act of 1953, is of opinion that— (a) restrictive practices, in connection with the supply or distribution of any commodity, exist, and (b) by reason of the existence of such restrictive practices, excessive prices are being or may be charged for that commodity, the Minister may by order fix the maximum price at which that commodity may be sold.

Fixing of maximum prices of commodities and maximum charges for services consequential on a report by an Advisory Committee.

14.—(1) Where the Minister, having considered a report of an Advisory Committee, is of opinion that the prices charged for a commodity by manufacturers thereof are excessive, owing to causes within the control of manufacturers or to undue labour costs, the Minister may by order fix the maximum price at which that commodity may be sold.

Declaration by the Government of existence of a state of emergency affecting the supply of commodities.

15.—(1) Whenever and so often as the Government are of opinion that abnormal circumstances prevail or are likely to prevail in relation to the supply of any commodity, the Government may by order declare that a state of emergency affecting the supply of that commodity exists.

Fixing of maximum price of a commodity and maximum charge for a service during currency of an order under section 15 (1).

16.—(1) Where there is for the time being in force an order under subsection (1) of section 15 of this Act declaring that a state of emergency affecting the supply of a commodity exists, the Minister may by order do either or both of the following things— (a) fix the maximum price at which that commodity may be sold, (b) fix the maximum charge which may be made for rendering, in the course of carrying on any trade or business, any service affecting the supply or distribution of that commodity.

Fixing of maximum wholesale and retail prices of bread and sugar and maximum retail prices of butter and milk.

17.—(1) The Minister may from time to time by order fix the maximum wholesale and retail prices of bread and sugar.

Provisions in relation to orders.

18.—An order made by the Minister under any of the foregoing provisions of this Part may— (a) define a commodity or service in such manner as the Minister thinks fit, (b) define the conditions by reference to which a maximum price or charge is fixed, and fix different maximum prices or charges in relation to different conditions, (c) relate to the whole State or to a particular area in the State, (d) fix a maximum price or charge by specifying it or by setting out provisions by means of which it may be ascertained, (e) contain all such incidental or ancillary provisions (including a requirement that the commodity to which the order relates shall be sold only in specified units of weight or measure) as shall appear to the Minister to be necessary or expedient for giving full effect to any provision inserted in the order under the powers conferred on him by this Act or to secure compliance with the order.

Retail price display orders.

19.—The Minister may from time to time by order require every person, who carries on in a specified area the business of selling by retail any commodity specified in the Third Schedule to this Act, to display in a specified manner the retail price charged by him for that commodity.

Revocation and amendment of orders under Part III.

20.—(1) The Minister may by order revoke any order made by him under this Part.

Effect on contracts of orders controlling prices and charges.

21.—(1) An order under this Part controlling the price of a commodity or the charge for a service shall not affect the legality of a contract made before the date on which the order comes into force, or of anything done under the contract.

Offences under Part III.

22.—If any person— (a) contravenes, whether by act or omission, a provision of an order made under this Part, or (b) sells a commodity at a greater retail price than that shown in any list which he is required by an order under section 19 of this Act to display, such person shall be guilty of an offence under this section.

PART IV.

Miscellaneous Provisions.

Authorised officers.

23.—(1) The Minister may appoint such and so many of his officers as he thinks fit to be authorised officers for the purposes of this Act.

Powers of authorised officers.

24.—(1) An authorised officer may, for the purpose of obtaining any information which the Minister may require for enabling him to exercise his functions under this Act, do any one or more of the following things— (a) at all reasonable times enter premises at which any activity in connection with the business of manufacturing or processing or packaging or supplying or distributing commodities or in connection with the organisation or assistance of persons engaged in any such business is carried on, and inspect the premises, (b) require the person who carries on such activity and any person employed in connection therewith to produce to him any books, documents or records relating to such activity which are in that person's power or control and to give him such information as he may reasonably require in regard to any entries in such books, documents or records, (c) inspect and copy or take extracts from such books, documents or records, (d) require such person to give to him any information he may reasonably require in regard to the persons carrying on such activity (including, in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and of its committee of management or other controlling authority) or employed in connection therewith, (e) require such person to give to him any other information which he may reasonably require in regard to such activity.

Prohibition on disclosure of information.

25.—(1) No person shall disclose information available to him by virtue of the powers of obtaining information conferred on him by this Act or through being present at a meeting of an Advisory Committee held in private.

Penalties for offences.

26.—Every person who commits or is deemed to have committed an offence under any section of this Act shall on summary conviction thereof be liable to a fine not exceeding one hundred pounds (together with, in the case of a continuing offence, a fine not exceeding ten pounds for every day on which the offence is continued) or, at the discretion of the Court, imprisonment for a term not exceeding twelve months or both such fine and such imprisonment.

Offences in relation to bodies corporate and unincorporated bodies.

27.—Where an offence under any section of this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of any person, being a director, member of the committee of management or other controlling authority thereof, or manager, secretary, or other officer thereof, that person shall also be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly.

Prosecution of offences.

28.—(1) Proceedings in relation to an offence under any section of this Act may be brought and prosecuted by the Minister.

FIRST SCHEDULE.

Enactments Repealed.

Section 8.

Number and Year Short title Extent of Repeal

(1)

(2)

Control of Prices Act, 1937 .

The whole Act.

No. 15 of 1938.

Prices Commission (Extension of Functions) Act, 1938 .

The whole Act.

SECOND SCHEDULE.

Prices Advisory Committees.

Section 9 (3).

The Panel.

Prices Advisory Committees Panel.

Membership of Advisory Committee.

Chairman of an Advisory Committee.

Resignation of or removal from office of member of Advisory Committee.

Casual vacancies.

Remuneration and expenses of members of Advisory Committees.

Declaration of interest by member of an Advisory Committee.

Officers and servants of an Advisory Committee.

Appointment of person to assist an Advisory Committee.

Procedure at meetings of an Advisory Committee.

Power of the chairman of an Advisory Committee to summon witnesses, etc.

Commodities in Respect of Which the Minister May Make Retail Price Display Orders.

Section 19.

Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais