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24 1935

PIGS AND BACON ACT, 1935

PART III.

Regulation of Production and Sale of Bacon.

Definitions for purposes of Part III.

73. —(1) In this Part of this Act—

the expression “authorised officer of the Bacon Marketing Board” means a person authorised in writing by the Bacon Marketing Board to exercise the powers conferred on an authorised officer of the Bacon Marketing Board by this Part of this Act;

the word “prescribed” means prescribed by regulations made by the Bacon Marketing Board under this Part of this Act.

(2) For the purposes of this Part of this Act each of the following years shall be an election year, that is to say, the year 1935, the year 1936, the year 1939, the year 1942, the year 1945, and so on.

Constitution of the Bacon Marketing Board.

74. —(1) There shall be established in accordance with this Part of this Act a Board (in this Part of this Act referred to as the Board) to be styled and known as the Bacon Marketing Board to fulfil the functions assigned to it by this Part of this Act.

(2) The Board shall be a body corporate with perpetual succession and an official 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 Board shall consist of eight members, namely, a Chairman (in this Part of this Act referred to as the Chairman) and seven ordinary members (in this Part of this Act referred to as the ordinary members) elected in the manner hereinafter mentioned.

The Chairman of the Bacon Marketing Board.

75. —(1) The Minister shall as soon as may be necessary after the commencement of this Part of this Act 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 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 Part of this Act to be the Chairman.

(4) There shall be paid by the Board to any person nominated under the immediately preceding sub-section such remuneration and such allowances for expenses as the Minister may appoint.

Panels of large, medium, and small curers.

76. —(1) The Minister shall, in every election year as soon as may be after the qualifying date, do the following things, that is to say:—

(a) if there are any persons who were on such date large curers, prepare a panel (in this Part of this Act referred to as a panel of large curers) of the names of such persons;

(b) if there are any persons who were on such date medium curers, prepare a panel (in this Part of this Act referred to as a panel of medium curers) of the names of such persons;

(c) if there are any persons who were on such date small curers, prepare a panel (in this Part of this Act referred to as a panel of small curers) of the names of such persons.

(2) For the purposes of this section—

(a) the expression “the qualifying date” means—

(i) in relation to the election year 1935, the seventh day after the commencement of this Part of this Act, and

(ii) in relation to any other election year, the 1st day of October in such year;

(b) the expression “the relevant period” means—

(i) in relation to the election year 1935, the year 1934;

(ii) in relation to any other election year, the period of twelve months ending on the 31st day of August in such year;

(c) a person shall be deemed to have been a large curer on the qualifying date in any election year if—

(i) he was the holder of a licence on such date, and

(ii) there was produced during the relevant period, at all the premises in respect of which he was licensed on such date, more than seventy-seven thousand hundredweights of bacon;

(d) a person shall be deemed to have been a medium curer on the qualifying date in any election year if—

(i) he was the holder of a licence on such date, and

(ii) there was produced during the relevant period, at all the premises in respect of which he was licensed on such date, not less than thirty-three thousand hundredweights of bacon nor more than seventy-seven thousand hundredweights of bacon;

(e) a person shall be deemed to have been a small curer on the qualifying date in any election year if—

(i) he was the holder of a licence on such date, and

(ii) there was produced, during the relevant period, at all the premises in respect of which he was licensed on such date, less than thirty-three thousand hundredweights of bacon.

(3) Any person may inspect any panel prepared under this section at such time and place as the Minister may appoint.

Number of ordinary members to be elected by different classes of curers and dates of election.

77. —(1) If one panel only is required under the immediately preceding section to be prepared in any election year, the Minister shall, as soon as may be after the preparation of such panel, make an order (in this Part of this Act referred to as an ordinary members (election) order) declaring that all the ordinary members of the Board shall be elected by persons whose names are entered in such panel at a meeting of such persons to be held on the date in such election year specified in that behalf in such order.

(2) If two panels only are required under the immediately preceding section to be prepared in any election year, the following provisions shall have effect, that is to say:—

(a) if such panels are a panel of large curers and a panel of medium curers, the Minister shall, as soon as maybe after the preparation of such panels, make an order (in this Part of this Act also referred to as an ordinary-members (election) order) declaring that of the seven ordinary members—

(i) such number as may be specified in such order shall be elected by the persons whose names are entered in such panel of large curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order, and

(ii) the remainder shall be elected by persons whose names are entered in such panel of medium curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order;

(b) if such panels are a panel of large curers and a panel of small curers, the Minister shall, as soon as may be after the preparation of such panels, make an order (in this Part of this Act also referred to as an ordinary members (election) order) declaring that of the seven ordinary members—

(i) such number as may be specified in such order shall be elected by the persons whose names are entered in such panel of large curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order, and

(ii) the remainder shall be elected by the persons whose names are entered in such panel of small curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order;

(c) if such panels are a panel of medium curers and a panel of small curers, the Minister shall, as soon as may be after the preparation of such panels, make an order (in this Part of this Act also referred to as an ordinary members (election) order) declaring that of the seven ordinary members—

(i) such number as may be specified in such order shall be elected by the persons whose names are entered in such panel of medium curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order, and

(ii) the remainder shall be elected by the persons whose names are entered in such panel of small curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order.

(3) If three panels are required under the immediately preceding section to be prepared in any election year, the Minister shall, as soon as may be after the preparation of such panels, make an order (in this Part of this Act also referred to as an ordinary members (election) order) declaring that of the seven ordinary members—

(i) such number as may be specified in such order shall be elected by the persons whose names are entered in such one of the said panels as is a panel of large curers at a meeting of such persons to-be held on the date in such election year specified in that behalf in such order;

(ii) such number as may be specified in such order shall be elected by the persons whose names are entered in such one of the said panels as is a panel of medium curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order; and

(iii) the remainder shall be elected by the persons whose names are entered in such one of the said panels as is a panel of small curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order.

(4) Every ordinary members (election) order shall be published in the Iris Oifigiúil as soon as may be after it is made.

Election of ordinary members and substitutive members.

78. —(1) Where an ordinary members (election) order made in an election year declares that a number (in this section referred to as the appointed number) of ordinary members shall be elected by persons whose names are entered in a panel of curers at a meeting of those persons to be held on the date specified in that behalf in such order, the following provisions shall have effect, that is to say:—

(a) the appointed number of ordinary members shall be elected at such meeting, and

(b) immediately after the said election there shall also be elected at such meeting a number of persons (in this Part of this Act referred to as substitutive members) to act, if so required, during their term of office as substitutes for such ordinary members, and the number of substitutive members to be so elected shall be twice the appointed number of ordinary members.

(2) References in this Act to substitutive members representative of the same class of curers as an ordinary member shall be construed as references to the substitutive members elected at the same meeting as that at which such ordinary member was elected.

Provisions in relation to meetings to elect ordinary members and substitutive members.

79. —Where by virtue of an ordinary members (election) order ordinary members and substitutive members are required to be elected by the persons entered in a particular panel of curers at a meeting of such persons to be held on the date specified in that behalf in such order, the Minister shall, as soon as may be after the making of such order, do the following things, namely:—

(a) appoint the hour on such date and the place at which such meeting is to be held;

(b) nominate a person to act as chairman of such meeting;

(c) at least ten days before the day fixed for the holding of such meeting send to each of the persons entered in such panel a written notice stating—

(i) the date, time, and place appointed for such meeting;

(ii) the name of the person appointed to act as the chairman;

(iii) the date by which the nominations of candidates for election as ordinary members and as substitutive members must be received by the Minister.

Conduct of elections of ordinary members and substitutive members.

80. —The following provisions shall have effect in relation to every election of ordinary members and substitutive members held in pursuance of this Part of this Act at a meeting of persons entered in any panel of curers, that is to say:—

(a) the election of ordinary members and the election of substitutive members shall be conducted as two separate elections held at such meeting and accordingly each such election shall be deemed for the purposes of this section to be a separate election and the word “election” shall in this section be construed accordingly;

(b) the word “elector” means a person whose name is entered in such panel;

(c) the expression “the number of vacancies”—

(i) when used in relation to the election of ordinary members, means the number of ordinary persons to be elected at such election,

(ii) when used in relation to the election of substitutive members, means the number of substitutive members to be elected at such election;

(d) the election of ordinary members shall be held first;

(e) every elector shall be entitled to vote at each election either personally or, subject to the provisions of the next following paragraph, by proxy;

(f) the following provisions shall have effect in relation to voting by proxy, that is to say:—

(i) the instrument appointing a proxy shall be in writing in such form as the Minister may direct, under the hand of the elector, or, if the elector is a limited company, either under its seal or under the hand of a person duly authorised by it in that behalf,

(ii) the said instrument shall be deposited at the office of the Minister not later than the end of the third day before the day fixed for such meeting, and if not so deposited shall be treated as invalid;

(g) without prejudice to the right to vote by proxy, an elector who is a limited company may vote by any one of its directors, or its secretary, and an elector who is a partnership may vote by any one of the partners;

(h) no person shall be qualified to be elected an ordinary member or a substitutive member at such meeting unless he has been nominated in writing as a candidate by an elector, and the nomination paper has not later than the end of the third day before the day fixed for the meeting been received by the Minister;

(i) if a person who is nominated as both an ordinary member and a substitutive member is elected an ordinary member, the nomination of such person as a substitutive member shall be deemed to be withdrawn;

(j) where no more candidates are duly nominated than the number of vacancies, those candidates shall be declared elected;

(k) where the number of duly qualified candidates at any such election exceeds the number of vacancies, the following provisions shall have effect, that is to say:—

(i) a vote shall be taken;

(ii) every elector shall be entitled to vote for as many candidates as there are vacancies and no more;

(iii) the candidates up to the number of vacancies who received most votes shall be declared elected and, in the case of two or more candidates receiving an equal number of votes, the chairman of the meeting shall have a casting vote;

(l) immediately after such meeting the chairman shall send to the Minister a return showing the names of the persons elected as ordinary members and substitutive members at each election and such return shall be conclusive evidence of the election of such persons;

(m) if the electors who attend such meeting fail to elect at any such election the number of persons required by this Part of this Act to be elected at such election, or if none of the electors attend such meeting, the Minister shall, as soon as may be, nominate that number or such less number as the circumstances require of persons willing to act as ordinary members or substitutive members (as the case may be) and the persons so nominated shall for all purposes be deemed to have been duly elected at such meeting as ordinary members or substitutive members (as the case may be).

Establishment of the Bacon Marketing Board.

81. —(1) Within one month after the completion of the first election of ordinary members and substitutive members, the Minister shall publish in the Iris Oifigiúil a notice declaring the Board to be established as from a date (subsequent to the publication of such notice) to be specified in such notice and thereupon the Board shall for all purposes be deemed to have been duly established on the date so specified.

(2) In this Act all references to the date of the establishment of the Board shall be construed as referring to the date on which the Board is by virtue of this section deemed to have been established.

Term of office of ordinary members and substitutive members.

82. —(1) Every ordinary member (other than a person appointed to fill a casual vacancy) shall, unless he sooner dies, resigns, or becomes disqualified, hold office—

(a) in case he is elected in the election year 1935, from the establishment of the Board until the 31st day of December, 1936;

(b) in case he is elected in any other election year, for a period of three years from the 1st day of January next following such election.

(2) Every substitutive member shall, unless he sooner dies, resigns, becomes disqualified, or is appointed to fill a casual vacancy amongst the ordinary members, hold office as a substitutive member—

(a) in case he is elected in the election year 1935, from the date of the establishment of the Board until the 31st day of December, 1936;

(b) in case he is elected in any other election year, for a period of three years from the 1st day of January next following such election.

(3) An ordinary member or a substitutive member retiring on the expiration by effluxion of time of his term of office shall be eligible for re-election.

Resignation and disqualification of ordinary members and substitutive members.

83. —(1) An ordinary member or a substitutive member may at any time resign his office as such member by letter addressed and sent to the secretary of the Board and every such resignation shall take effect at the commencement of the meeting of the Board held next after the receipt of such letter by the secretary.

(2) If and whenever any ordinary member or substitutive member is adjudged bankrupt, or makes a composition or arrangement with his creditors or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude, or ceases to be ordinarily resident in Saorstát Eireann or, in the case of an ordinary member, absents himself without the consent of the Board from all meetings of the Board for a period of three months, he shall cease to hold office as an ordinary member or substitutive member, as the case may be.

Filling of casual vacancies amongst ordinary members of the Bacon Marketing Board.

84. —(1) Whenever a vacancy (in this section referred to as a casual vacancy) occurs in the membership of the Board by reason of the death, resignation or disqualification of an ordinary member thereof, the Chairman shall notify the Minister of such vacancy, and the Minister shall, as soon as may be, appoint, in case there are any substitutive members representative of the same class of curers as such ordinary member, one of such substitutive members or, in any other case, such person as he thinks proper to fill such vacancy.

(2) A substitutive member appointed to fill a casual vacancy shall thereupon cease to be a substitutive member.

(3) Every person appointed to fill a casual vacancy shall unless he sooner dies, resigns, or becomes disqualified, hold office as an ordinary member for the residue of the term of office for which the member whose death, resignation or disqualification occasioned the vacancy would have held office if he had not died, resigned, or become disqualified.

Substitutive member acting for ordinary member.

85. —Whenever it appears to the Minister that on account of illness or for other sufficient reason an ordinary member is temporarily unable to discharge his duties as such member, the Minister may appoint one of the substitutive members representative of the same class of curers as such ordinary member to act as an ordinary member for such period (not exceeding the duration of such inability) as he shall think proper, and every substitutive member so appointed to act as an ordinary member of the Board shall during the period for which he is so appointed be an ordinary member in the place of such first-mentioned ordinary member.

Remuneration of members of the Bacon Marketing Board.

86. —(1) The Chairman shall be paid by the Board such remuneration and such allowances for expenses as the Minister may from time to time appoint.

(2) Every ordinary member shall be paid by the Board such remuneration and such allowances for expenses as the Board, with the consent of the Minister, may from time to time appoint and different rates of remuneration may be appointed for ordinary members of the Board who are members of the Pigs Marketing Board and for other ordinary members of the Board.

Offices and Staff of the Bacon Marketing Board.

87. —(1) The Board may 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 under this Part of this Act and may sell lease or otherwise dispose of any such premises which it considers to be no longer necessary for that purpose.

(2) The Board shall appoint, with the approval of the Minister, a person to be secretary of the Board who shall hold office upon such terms and conditions as the Board, with the approval of the Minister, shall determine.

(3) The Secretary of the Board shall be paid by the Board such remuneration and such allowances for expenses as the Board, with the consent of the Minister, shall from time to time appoint.

(4) The Board shall also appoint such and so many officers (other than the secretary), servants, and agents as the Board shall from time to time consider necessary for the due performance of its functions under this Part of this Act and every officer, servant, and agent so appointed shall hold office upon such terms and subject to such conditions as the Board shall determine.

(5) There shall be paid by the Board to the officers (other than the secretary) servants and agents of the Board such remuneration and such allowances for expenses as the Board may from time to time appoint.

Civil Servants seconded to the Bacon Marketing Board.

88. —Where a person serving in the Civil Service of the Government of Saorstát Eireann is seconded for service with the Board, the Board shall recoup to the Exchequer in such manner as the Minister for Finance may direct the salary of such person 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 Bacon Marketing Board.

89. —(1) Subject to the provisions of this section, it shall not be lawful for any member or officer of the Board 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 this Part of this Act.

Procedure of the Bacon Marketing Board.

90. —(1) The Board may act notwithstanding one or more vacancies amongst the ordinary members.

(2) The Board 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.

Meetings of the Bacon Marketing Board.

91. —(1) The Board shall hold its first meeting on such day at such time and place as the Minister shall appoint.

(2) The Board shall hold, not later than the 7th day of January in every year next following an election year (other than the election year which is the year 1935), a meeting (in this Act referred to as the triennial meeting of the Bacon Marketing Board).

(3) Subject to the provisions of this section, the Board shall hold such and so many meetings and at such times as may be necessary for the proper discharge of its functions under this Act.

(4) The Chairman alone shall constitute a quorum at a meeting of the Board.

(5) No meeting of the Board shall be held unless the Chairman is present thereat.

Determination of questions by the Bacon Marketing Board.

92. —(1) Save as is otherwise provided by this section every question arising at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of votes the Chairman shall have a second or casting vote.

(2) Every question in relation to the making of an order to which this sub-section applies arising at a meeting of the Board shall be determined in accordance with the following provisions, that is to say:—

(a) if no ordinary members or only one ordinary member are or is present at such meeting such question shall be determined by the Chairman;

(b) if two or more ordinary members are present—

(i) such question shall in the first instance be referred to such ordinary members for their vote thereon,

(ii) if all such ordinary members vote on such question and such vote is unanimous, such question shall be deemed to have been decided by the Board in accordance with such vote,

(iii) if some or all of such members do not vote on such question, or if all of such members vote and such vote is not unanimous, such question shall be referred to the Chairman for his decision and such question shall be deemed to have been determined in accordance with the Chairman's decision.

This sub-section applies to—

(a) a home-sales order;

(b) an allocation (sales quota) order;

(c) a cold-storage order;

(d) an order amending a cold-storage order;

(e) a purchase order;

(f) an order making regulations fixing the prescribed sum for the purposes of the provisions of this Part of this Act relating to levy in respect of carcases used for the production of bacon.

(3) The following provisions shall have effect in relation to the making of a production order or an allocation (production quota) order at a meeting of the Board, that is to say:—

(a) if no ordinary members or only one ordinary member are or is present at such meeting the Chairman shall make such order and such order as so made by the Chairman shall be deemed for the purposes of this Act to have been duly made by the Board at such meeting;

(b) if two or more ordinary members are present at such meeting the following provisions shall have effect, that is to say:—

(i) in case all such ordinary members pass unanimously a resolution in favour of the making of such order in terms specified in such resolution, such order shall be deemed for the purposes of this Act to have been duly made in such terms by the Board at such meeting, and

(ii) in any other case, the Chairman shall make such order, and such order as so made by the Chairman shall be deemed for the purposes of this Act to have been duly made by the Board at such meeting.

Minutes of meetings of the Bacon Marketing Board.

93. —The Board shall keep in a book to be provided by it for the purpose, minutes of the proceedings at every meeting of the Board, 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 Bacon Marketing Board.

94. —(1) The Board shall provide and have a common seal.

(2) The seal of the Board 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 Board and to be sealed with the seal of the Board 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 Bacon Marketing Board.

95. —(1) The Board shall keep all proper books of accounts and other books and records and shall within three months after the end of every year prepare and transmit to the Minister, to every licensee and to the Pigs Marketing Board, a statement of accounts (duly audited and certified by an auditor appointed by the Board with the consent and approval of the Minister) in respect of such year.

(2) The Board 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 under this Part of this Act during the preceding year and the Minister shall lay such report before each House of the Oireachtas.

(3) The Board shall furnish to the Minister such information, statistics and returns as the Minister may from time to time require.

(4) The Board 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

Loans by the Minister to the Bacon Marketing Board.

96. —(1) The Minister may, with the consent of the Minister for Finance, from time to time, out of moneys provided by the Oireachtas, lend to the Board such sums of money as he thinks proper.

(2) All moneys lent to the Board under this section shall be so lent on such terms and conditions as to time and manner of repayment, rate of interest, security and other matters as the Minister shall, with the consent of the Minister for Finance, appoint.

(3) All moneys received by the Minister in repayment of any moneys lent by him under this section or in payment of interest on or otherwise in relation to such moneys shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

The Bacon Marketing Fund.

97. —(1) The Board shall keep a fund (in this section referred to as the fund) to be called and known as the Bacon Marketing Fund and shall maintain and manage such fund in accordance with this Act.

(2) All moneys received by the Board under this Part of this Act shall be paid by the Board into the fund.

(3) There shall be paid out of the fund the following moneys and no other moneys, that is to say, all moneys required by this Part of this Act to be paid by the Board and all other expenses incurred by the Board in the execution of its powers and duties under this Part of this Act.

(4) The Board may for the purposes of meeting charges required by this Part of this Act to be paid out of the fund borrow on the security of the fund.

(5) So much of the fund as in the opinion of the Board is for the time being not immediately required for the payment of sums payable out of the said fund under this Part of this Act shall be invested by the Board in securities in which trustees are by the law for the time being in force authorised to invest trust funds.

(6) The Board may from time to time at their discretion vary or transpose all moneys invested under this 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 section.

(7) All dividends and interest received by the Board on investments made by them under this section or in respect of the sale of any such investments shall be paid into the fund.

Production periods and quotas.

98. —(1) The Board shall, not later than one month after the date of the establishment of the Board, or such subsequent date (if any) as the Minister may appoint, hold a meeting and at such meeting make an order (in this Part of this Act referred to as a production order)—

(a) appointing a period (beginning on a day not later than one month after the date on which such order is made) to be the first production period for the purposes of this Part of this Act, and

(b) appointing a specified quantity of bacon to be the production quota in respect of the first production period.

(2) The Board shall, not later than one week before the end of a production period, hold a meeting and at such meeting make an order (in this Part of this Act also referred to as a production order)—

(a) appointing a period (beginning at the expiration of the said production period) to be the next production period for the purposes of this Part of this Act, and

(b) appointing a specified quantity of bacon to be the production quota in respect of the said next production period.

(3) If at any time the provisions of sub-section (2) of this section are not complied with, the Board may, with the consent of the Minister, make, at a meeting to be held on such date as the Minister may appoint, a production order, and the period to be appointed by such order as the production period for the purposes of this Part of this Act shall be a period beginning on such date as the Minister may direct.

(4) In making a production order the Board shall have regard to the following matters, namely:—

(a) the capacity of the markets (both home and export) for bacon;

(b) the quantity of bacon which the Board anticipates is required to be placed in cold storage against future requirements;

(c) the stock of bacon on hands;

(d) the supply of pigs likely to be available;

(e) such other matters as the Board considers relevant.

(5) The Pigs Marketing Board may make recommendations to the Board in relation to the production period and the production quota to be appointed by any production order, and the Board shall in making such order consider any such recommendations.

(6) Every production order shall be published in the Iris Oifigiúil as soon as may be after it is made.

Allotment of production quota amongst licensed premises.

99. —(1) Whenever the Board makes a production order at any meeting the Board shall at such meeting make an order (in this Part of this Act referred to as an allocation (production quota) order) allotting, subject to the provisions of this section, the production quota in respect of the production period appointed by such production order amongst all licensed premises in such proportions as the Board thinks proper, and references in this Part of this Act to the production sub-quota for particular licensed premises in respect of a particular production period shall be construed as references to the portion of the production quota in respect of such production period allotted to such premises by an allocation (production quota) order.

(2) Where the Minister, after the date of establishment of the Board, grants a licence, he may request the Board in making an allocation (production quota) order to allot to the premises in respect of which such licence was granted a specified proportion of the production quota in respect of the production period to which such allocation (production quota) order relates, and the Board shall comply with any such request.

(3) In allotting under an allocation (production quota) order a portion of the production quota in respect of a particular production period to any licensed premises, the Board shall, subject to the provisions of the immediately preceding sub-sections, have regard to—

(a) the obligations of the licensee in respect of such premises under any order made by the Minister under section 2 of the Agricultural Products (Regulation of Export) Act, 1933 (No. 26 of 1933), as amended by any subsequent enactment, and

(b) in case such allocation (production quota) order is made during the year 1935 or the year 1936, the quantity of bacon produced in such premises during the period of twelve months ending on the 31st day of December, 1934, and

(c) in case such allocation (production quota) order relates to the production quota in respect of any production period commencing on or after the 1st day of January, 1937, the quantity of bacon allotted to such licensed premises under allocation (production quota) orders in respect of the production periods corresponding as nearly as possible to the twelve months immediately preceding the commencement of such first-mentioned production period.

(4) As soon as an allocation (production quota) order has been made, the Chairman shall not later than five days before the commencement of the production period to which such order relates cause to be served on each licensee of licensed premises a notice (in this Part of this Act referred to as a production notice) in writing stating the proportion of the production quota in respect of such production period which has been allotted to such premises by such order.

(5) The Board may, on the joint application of the holder of a licence in respect of particular premises and the holder of a licence in respect of other premises, transfer from such first-mentioned premises to such other premises the whole or any part of the production sub-quota for such first-mentioned premises in respect of a particular production period, and thereupon the production sub-quota for such first-mentioned premises in respect of such production period and the production sub-quota for such other premises in respect of such production period shall, for the purposes of this Part of this Act, be deemed to have been respectively decreased and increased accordingly.

Penalty for underproduction of bacon.

100. —Where—

(a) a production notice in relation to any premises has been duly served on the licensee in respect of such premises, and

(b) the quantity of bacon produced in such premises during the production period to which such production notice relates is less than ninety-five per cent, of the production sub-quota for such premises in respect of such period,

such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine calculated at the rate of ten shillings for every hundredweight by which the amount of bacon produced at such premises during such production period falls short of the production sub-quota for such premises in respect of such period.

Penalty for over-production of bacon.

101. —Where—

(a) a production notice in relation to any premises has been duly served on the licensee in respect of such premises, and

(b) the quantity of bacon produced in such premises during the production period to which such production notice relates exceeds by more than ten per cent, the production sub-quota for such premises in respect of such period,

such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine calculated at the rate of ten shillings for every hundredweight which the amount of bacon produced at such premises during such production period exceeds the production sub-quota for such premises in respect of such period.

Sale periods and quotas.

102. —(1) The Board may whenever and so often as they think it proper so to do, by order (in this Part of this Act referred to as a home-sales order)—

(a) appoint a specified period to be a sale period for the purposes of such order, and

(b) appoint a specified quantity of bacon to be the sales quota in respect of such period.

(2) Every home-sales order shall be published in the Iris Oifigiúil as soon as may be after it is made.

Allotment of sale quota amongst licensed premises.

103. —(1) Whenever the Board makes a home-sales order at any meeting the Board shall at such meeting make an order (in this Part of this Act referred to as an allocation (sales quota) order) allotting the sales quota in respect of the sale period appointed by such home-sales order between all licensed premises in such proportions as the Board thinks proper, and references in this Part of this Act to the sales sub-quota for particular licensed premises in respect of a particular sale period shall be construed as the portion of the sales quota in respect of such sale period allotted to such premises by an allocation (sales quota) order.

(2) As soon as an allocation (sales quota) order has been made the Chairman shall, not later than five days before the commencement of the sale period to which such order relates, cause to be served on each licensee of licensed premises a notice (in this Part of this Act referred to as a sale notice) in writing stating the proportion of the sales quota in respect of such sale period which has been allotted to such premises by such order.

Penalty for consigning bacon in excess of sales sub-quota.

104. —Where—

(a) a copy of a sale notice made in relation to any premises has been duly served on the licensee in respect of such premises, and

(b) the quantity of bacon consigned (other than by way of export) on sale during the sale period to which such notice relates exceeds by more than five per cent, the sales sub-quota for such premises in respect of such period,

such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine calculated at the rate of ten shillings for every hundredweight by which the amount of bacon so consigned from such premises during such period exceeds the sales sub-quota for such premises in respect of such period.

Cold-storing of bacon.

105. —(1) The Board may, whenever and so often as they think it proper so to do, by order (in this Part of this Act referred to as a cold-storage order) do the following things, that is to say:—

(a) declare that of the total amount of bacon produced in all licensed premises during any specified period (other than bacon produced in and exported from such licensed premises during such period) a specified percentage shall be the appointed national percentage in respect of such period;

(b) require every licensee in respect of particular premises to put, before the expiration of such period, from such premises into a cold store a percentage of the bacon produced in such premises during such period (other than bacon produced in and exported from such licensed premises during such period) equal to such appointed national percentage unless the said percentage of such bacon does not exceed twenty hundredweights.

(2) The Board may by order at any time revoke or amend a cold-storage order.

(3) Every cold-storage order shall be published in the Iris Oifigiúil as soon as may be after it is made.

(4) If the licensee in respect of any premises fails or neglects to comply with the obligations imposed on him in relation to such premises by a cold-storage order, such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine calculated at the rate of ten shillings for every hundredweight by which the amount of bacon put, during the period to which such cold-storage order relates, from such premises into a cold store falls short of the quantity of bacon required by such cold-storage order to be put during such period from such premises into a cold store.

Restriction on removal of bacon placed in a cold store.

106. —(1) Where any bacon has been placed in a cold store by a licensee in pursuance of a cold-storage order it shall not be lawful for such licensee to remove such bacon from such cold store otherwise than with the consent of the Board.

(2) If any bacon is removed by a licensee from a cold store in contravention of this section such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine calculated at the rate of ten shillings for every hundredweight of such bacon so removed.

Compulsory purchase of bacon by the Bacon Marketing Board from licensees.

107. —(1) Whenever the Board is of opinion that any bacon in the hands of a licensee (not being bacon kept in a cold store in pursuance of a cold-storage order) remains unsold owing to such licensee demanding an unreasonable price therefor, the Board may make an order (in this Part of this Act referred to as a purchase order) requiring such curer to sell to the Board at such price as may be specified in such order a quantity (to be specified in such order) of bacon equivalent to the quantity of such first-mentioned bacon and to deliver such quantity to a place and at a time specified in such order.

(2) Whenever the Board makes a purchase order the Board may, not less than five days before the date appointed by such order for the delivery of the bacon specified in such order, serve on the person to whom such order relates a copy of such order.

(3) Where—

(a) a copy of a purchase order is duly served on a licensee, and

(b) such licensee fails, neglects, or refuses to deliver to the Board at the time and place specified in such order the quantity of bacon specified in such order,

such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine calculated at the rate of ten shillings for every hundredweight of bacon specified in such purchase order and not so delivered.

(4) Where any bacon is duly delivered by a licensee to the Board in pursuance of a purchase order the Board shall pay to such licensee the price of such bacon specified in such order.

Production of bacon by the Bacon Marketing Board.

108. —(1) The Board may, with the consent of the Minister and subject to compliance with such conditions as the Minister thinks fit, engage in the business of producing bacon, and do all things necessary for carrying on such business.

(2) The Control of Manufactures Acts, 1932 and 1934, shall not apply in respect of any act or thing done by the Board under this section.

Other powers of the Bacon Marketing Board.

109. —The Board may do all or any of the following things, that is to say:—

(a) advertise, either alone or in co-operation with any other person, bacon;

(b) undertake research work in relation to the manufacture of bacon and the preparation and utilisation of byproducts, which, in the opinion of the Board, is calculated to benefit the bacon industry;

(c) contribute, with the consent of the Minister, towards the cost of schemes for the improvement of pigs;

(d) subject to conditions approved by the Minister, sell bacon or establish a marketing organisation for the sale of bacon.

Inspection of licensed premises, etc., by authorised officers of the Bacon Marketing Board.

110. —(1) An authorised officer of the Bacon Marketing Board 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 to enter upon any licensed premises or cold store and to inspect any bacon in such premises or cold store.

(2) Every person who obstructs or impedes any authorised officer of the Bacon Marketing Board 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.

Levy in respect of carcases used for production of bacon.

111. —(1) Every person who holds or has held a licence shall, for every half-year during which or any part of which he holds or has held such licence, pay to the Board in respect of such licence a levy calculated at the rate of a prescribed sum for every carcase used for the production of bacon during such half-year at the premises to which such licence relates.

(2) As soon as may be after the expiration of every half-year the Board shall ascertain, in respect of every person who during the whole or any part of such half-year held a licence, the amount of the levy payable under this section by such person for such half-year in respect of such licence.

(3) Where a licence held by a person is revoked by the Minister under Part II of this Act, the levy payable by such person in respect of such licence for the half-year then current, shall, if the Board so directs, be ascertained immediately upon such revocation and not under the foregoing sub-section.

(4) Where a licence is held by two or more persons in succession during the half-year, such licence shall, for the purposes of this section, be deemed to have been held during the whole of such half-year by the person who last holds the same during such half-year and not to have been held by any other person at any time during such half-year.

(5) As soon as the amount of any levy has been ascertained under the foregoing provisions of this section, the Board shall make a certificate (in this section referred to as a certificate of indebtedness) certifying the half-year for which such levy is payable, the person by whom and the premises in respect of which such levy is payable, and the amount of such levy.

(6) Every certificate of indebtedness shall be prima facie evidence of all matters purported to be certified therein and any document purporting to be a certificate of indebtedness issued under this section shall, on production thereof in any proceedings to recover the amount thereby certified to be payable, be deemed until the contrary is proved to be a certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly.

(7) As soon as may be after the making of a certificate of indebtedness, a copy thereof shall be served on the person thereby certified as liable to pay the levy the subject thereof and immediately upon such service the amount certified by such certificate as payable by such person shall become and be payable by such person to the Board and shall, after the expiration of four weeks from such service, be recoverable by the Board as a simple contract debt in any court of competent jurisdiction.

(8) 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.

(9) The Board may at anytime 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 half-year or specified part of a half-year, 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 half-year or part of a half-year to which such order relates.

(10) For the purposes of this section each of the following periods shall be deemed to be a half-year, that is to say:—

(a) the period commencing on the date of the establishment of the Board and ending on the 31st day of December, 1935;

(b) any period of six months commencing, after the date of the establishment of the Board, on any 1st day of January or 1st day of July.

Returns under Part III by licensees and registered minor curers.

112. —(1) The Board may by order 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 January, 1934) to be made to the Board by holders of licences and registered minor curers;

(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.

Records under Part III.

113. —(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 Bacon Marketing Board, 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 Bacon Marketing Board 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,

he 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 Bacon Marketing Board 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 any individual in the employment of such person; 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 Bacon Marketing Board 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 an individual in the employment of the person liable under this section to produce such record or document, shall be deemed to have been made or committed by such person.

Regulations by the Bacon Marketing Board.

114. —The Board may by order make regulations in relation to any matter or thing referred to in this Part of this Act as prescribed.

Prosecutions under Part III.

115. —(1) Any offence under any section contained in this Part of this Act may be prosecuted by, or at the suit of, the Board as prosecutor.

(2) Proceedings for an offence under any section contained in this Part of this Act shall not be instituted except by, or with the consent of, the Board.