First Previous (PART III. Amendment of Part III of the Principal Act.)

23 1937

PIGS AND BACON ACT, 1937

PART IV

Amendment of Part IV of the Principal Act.

Definitions for purposes of Part IV.

41. —In this Part of this Act—

the expression “the Board” means the Pigs Marketing Board;

the word “carcase” when used in relation to a pig means the carcase (including the head with tongue, kidneys, tenderloins, fleck or flare, tail, backbone and feet) of such pig after slaughter; the word “week” means the period between midnight on Saturday night and midnight on the next succeeding Saturday night;

the expressions “factory purchased pig,” “non-factory purchased pig,” “curer members,” and “producer members” have the same meanings as in Part IV of the Principal Act.

The appointed day for purposes of Part IV.

42. —(1) The Minister may by order appoint a day to be the appointed day for the purposes of this Part of this Act.

(2) In this Part of this Act the expression “the appointed day” means the day appointed by the Minister under this section to be the appointed day for the purposes of the said Part.

Elections of curer members of the Pigs Marketing Board and nominations of producer members of the said Board to be held and made biennially in lieu of triennially.

43. —(1) So much of Part IV of the Principal Act as, provides for the holding of triennial elections of curer members of the Board shall cease to have effect and in lieu thereof it is hereby enacted that biennial elections of curer members shall be held and the first of such biennial elections shall be held in the year 1939.

(2) So much of Part IV of the Principal Act as provides for the triennial nomination by the Minister of producer members of the Board shall cease to have effect and in lieu thereof it is hereby enacted that the Minister shall nominate producer members biennially and the first of such biennial nominations shall be made in the year 1939.

(3) For the purpose of giving full effect to sub-sections (1) and (2) of this section the following provisions shall have effect, that is to say:—

(a) section 120 of the Principal Act is hereby amended by the deletion of the words “triennial meeting” wherever those words occur in the said section, and the substitution in each case of the words “biennial meeting” for the words so deleted;

(b) section 123 of the Principal Act is hereby amended by the deletion in paragraph (b) of sub-section (1) of the words “three years” and the substitution of the words “two years” for the words so deleted.

Application of section 118 of the Principal Act.

44. —The expression “this Part of this Act” in sub-section (3) of section 118 of the Principal Act shall be construed as meaning Part IV of the Principal Act or this Part of this Act.

Amendment of section 120 of the Principal Act.

45. —Sub-section (2) of section 120 of the Principal Act is hereby amended by the substitution of the word “three” for the word “five” now contained therein, and the said section shall be construed and have effect accordingly.

Amendment of section 121 of the Principal Act.

46. Section 121 of the Principal Act is hereby amended by the substitution of the words “on a day not later than three days ” for the words “not later than five days” now contained therein, and the said section shall be construed and have effect accordingly.

Amendment of section 127 of the Principal Act.

47. —Sub-section (5) of section 127 of the Principal Act is hereby repealed and in lieu thereof it is hereby enacted that the reference in the said section to an election year shall be construed as meaning any year in which a biennial election of members of the Bacon Marketing Board is required by the Principal Act, as amended by Part III of this Act, to be held.

Determination of questions by the Pigs Marketing Board.

48. —Every question in relation to the making by the Board of an order (other than the first appointed price order) under this Part of this Act 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 of the Board;

(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 of the Board for his decision and such question shall be deemed to have been determined in accordance with the said Chairman's decision.

Amendment of section 137 of the Principal Act.

49. —Sub-section (1) of section 137 of the Principal Act is hereby amended by the substitution of the word “six” for the word “three” now contained therein, and the said sub-section shall be construed and have effect accordingly.

Application of section 139 of the Principal Act.

50. —The expression “this Part of this Act” where it occurs in sub-sections (2), (3), (4) and (5) of section 139 of the Principal Act shall be construed as meaning Part IV of the Principal Act or this Part of this Act.

Cesser of power of making orders under section 140 of the Principal Act.

51. —The Board shall not, on or after the appointed day, make any orders under sub-section (2) of section 140 of the Principal Act.

Exclusion of certain kinds of pigs.

52. —(1) The Board may whenever and so often as it thinks fit by order declare that Part IV of the Principal Act and this Part of this Act shall not apply in respect of any specified kind or kinds (defined in such manner and by reference to such things as the Board shall think proper) of pigs, and whenever any such order is made and is in force the word “pigs” where it occurs in the said Part IV and in this Part of this Act shall not include pigs of the kind or kinds specified in such order.

(2) The Board may at any time by order under this sub-section revoke or amend any order made under this section (including this sub-section).

(3) Every order under this section shall be made with the concurrence of the Minister.

Method of ascertaining weight of carcases of pigs.

53. —For the purposes of this Part of this Act the weight of a carcase of a pig shall be ascertained by weighing such carcase when it is eviscerated and not later than half an hour after slaughter.

Classification and grading of pigs and carcases.

54. —(1) The Board may, whenever and so often as it thinks fit, by order do the following things, that is to say:—

(a) divide non-factory-purchased pigs into such and so many classes (defined in such manner as the Board thinks proper) as the Board thinks fit, and

(b) divide carcases of factory-purchased pigs into such and so many classes (defined in such manner as the Board thinks proper) as the Board thinks fit, and

(c) divide any such class or classes of carcases of factory-purchased pigs into such and so many grades (defined in such manner as the Board thinks proper) as the Board thinks fit.

(2) The Board may, wherever and so often as it thinks fit, by order divide carcases of non-factory-purchased pigs into such and so many classes (defined in such manner as the Board thinks proper) as the Board thinks fit.

(3) The Board may at any time by order under this sub-section revoke or amend any order made under this section (including this sub-section).

(4) In this part of this Act—

the word “class”—

(a) in relation to non-factory-purchased pigs, means a class into which such pigs are divided by an order, for the time being in force, made under sub-section (1) of this section,

(b) in relation to carcases of factory-purchased pigs, means a class into which such carcases are divided by an order, for the time being in force, made under sub-section (1) of this section,

(c) in relation to carcases of non-factory purchased pigs, means a class into which such carcases are divided by an order for the time being in force made under sub-section (2) of this section;

the word “grade”, in relation to any class of carcases of factory-purchased pigs, means a grade into which such class is divided by any order for the time being in force made under sub-section (1) of this section;

the expression “graded class”, in relation to carcases of factory-purchased pigs, means a class of such carcases which is divided into grades by an order for the time being in force made under sub-section (1) of this section;

the expression “non-graded class”, in relation to carcases of factory-purchased pigs, means a class of such carcases which is not divided into grades by an order for the time being in force made under sub-section (1) of this section.

Appointed price orders.

55. —(1) The Board shall, before the end of the sale period current on the appointed day, and may thereafter, whenever and so often as it thinks fit, make an order (in this Part of this Act referred to as an appointed price order)—

(a) appointing the date (not being later in the case of the first order than the date of the expiration of the said sale period, nor earlier in any case than the Monday next following the date of such order) on which such order is to come into force; and

(b) fixing, in respect of non-factory-purchased pigs of each class sold during the currency of such order, the price (in terms of a rate per hundredweight live weight) thereof; and

(c) fixing, in respect of carcases of factory-purchased pigs of each grade of each graded class sold during the currency of such order, the price (in terms of a rate per hundredweight) thereof; and

(d) fixing, in respect of carcases of factory-purchased pigs of each non-graded class sold during the currency of such order, the price (in terms of a rate per hundredweight) thereof; and

(e) fixing, in respect of carcases of non-factory-purchased pigs of each class sold during the currency of such order, the price (in terms of a rate per hundredweight) thereof.

(2) Every appointed price order shall come into force on the date appointed in that behalf by such order and shall remain in force until the next subsequent appointed price order comes into force, and references in this Act to the currency of an appointed price order shall be construed as references to the period during which such order is in force.

(3) The Board may at any time by order (in this Part of this Act referred to as an appointed price (amending) order) amend an appointed price order and every order made under this section (including this sub-section) shall specify the date (not being earlier than the Monday next following the date on which such order is made) on which such order is to come into force.

(4) In making an appointed price order or an appointed price (amending) 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) the cost of production of pigs and particularly the cost of feeding stuffs for the previous four months;

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

(5) Sub-section (2) of section 134 of the Principal Act shall apply in respect of the making of the first appointed price order.

(6) So much of sub-section (1) of this section as requires the Board when making an appointed price order to appoint the price of each class of carcases of non-factory-purchased pigs shall cease to have effect in relation to any such order which is to come into force on or after the 1st day of April, 1938, and for the purposes of this section any price order in force on the 31st day of March, 1938, shall be deemed, but so far only as it relates to prices of classes of carcases of non-factory-purchased pigs, to cease to be current on the 1st day of April, 1938.

Freight allowance.

56. —(1) The Board may, whenever and so often as it thinks fit, make an order—

(a) dividing Saorstát Eireann into such and so many areas (in this Part of this Act referred to as sale areas) as the Board thinks fit; and

(b) in respect of each sale area, fixing the sum which is to be the freight allowance in respect of each non-factory-purchased pig or carcase of a non-factory-purchased pig sold in such area;

and different sums may be fixed in respect of different sale areas.

(2) The Board may at any time by order under this sub-section amend or revoke an order made under this section (including this sub-section).

(3) In this Part of this Act the expression “the freight allowance” means in relation to a non-factory-purchased pig or the carcase of a non-factory-purchased pig sold in a particular sale area the sum for the time being fixed by an order under this section as the freight allowance in respect of any such pig or any such carcase sold in such area.

(4) Any order made by the Board under section 141 of the Principal Act and in force at the date of the passing of this Act shall be deemed to be made under this section and may be amended or revoked by an order under this section, and until so revoked and subject to any such amendment shall continue in force.

Buying allowance.

57. —(1) The Board may, whenever and so often as it thinks fit, make an order fixing the sum which is to be the buying allowance in respect of each non-factory-purchased pig or carcase of a non-factory-purchased pig sold.

(2) The Board may at any time by order under this sub-section amend or revoke an order made under this section (including this sub-section).

(3) In this Part of this Act the expression “the buying allowance” means in relation to any non-factory-purchased pig or the carcase of a non-factory-purchased pig the sum for the time being fixed by order under this section as the buying allowance.

(4) Any order made by the Board under section 142 of the Principal Act and in force at the date of the passing of this Act shall be deemed to be made under this section and may be amended or revoked by an order under this section, and until so revoked and subject to any such amendment shall continue in force.

Insurance allowance.

58. —(1) The Board may, whenever and so often as it thinks fit, make an order fixing the sum which is to be allowed, in respect of each pig or carcase sold to a licensee, by way of insurance against the condemnation of such pig or carcase and the offals thereof by a veterinary examiner under Part II of the Principal Act or by a local sanitary authority under statutory powers.

(2) The Board may at any time by order under this sub-section amend or revoke an order made under this section (including this sub-section).

(3) In this Part of this Act the expression “the insurance allowance” means in relation to any pig or carcase the sum for the time being fixed by order under this section.

(4) Any regulations made by the Board under section 143 of the Principal Act and in force at the date of the passing of this Act shall be deemed to be made under this section and may be amended or revoked by an order under this section, and until so revoked and subject to any such amendment shall continue in force.

Damage allowance.

59. —(1) The Board may, whenever and so often as it thinks fit, by order do all or any of the following things, that is to say:—

(a) define what injury or injuries to a non-factory-purchased pig shall constitute damage to such pig for the purposes of such order and fix, in respect of any such pig which is suffering from damage within the meaning of such order, the sum to be allowed in respect of such damage;

(b) define what injury or injuries to the carcase of a factory-purchased pig shall constitute damage to such carcase for the purposes of such order and fix, in respect of any such carcase which is suffering from damage within the meaning of such order, the sum to be allowed in respect of such damage;

(c) define what injury or injuries to the carcase of a non-factory-purchased pig shall constitute damage to such carcase for the purposes of such order and fix, in respect of any such carcase which is suffering from damage within the meaning of such order, the sum to be allowed in respect of such damage,

and may fix different sums in respect of different kinds of damage.

(2) The Board may at any time by order under this sub-section revoke or amend any order made under this section (including this sub-section).

(3) In this Part of this Act—

the word “damaged” when used in relation to any pig or carcase of a pig means suffering from damage within the meaning of an order made under this section;

the expression “appropriate damage allowance” when used in relation to a damaged pig or a damaged carcase of a pig, means the sum fixed by order under this section in respect of the damage from which such pig or carcase is suffering.

Restriction on price of pigs and carcases.

60. —(1) It shall not be lawful, during the currency of an appointed price order, for any licensee or registered minor curer to purchase or for any person to sell to a licensee or a registered minor curer—

(a) any non-factory-purchased pig of any class at a sum other than the following sum, namely, a sum calculated by reference to the weight of such pig and the price fixed by such order for non-factory-purchased pigs of that class, less—

(i) the appropriate amount,

(ii) the freight allowance,

(iii) the buying allowance, and

(iv) in case such pig is damaged, the appropriate damage allowance;

(b) any factory-purchased pig, the carcase of which belongs to a graded class, at a sum other than the following sum, namely, a sum calculated by reference to the weight of such carcase and the price fixed by such order for carcases of factory-purchased pigs of a grade of a class corresponding to the grade of the class of such carcase less—

(i) the appropriate amount, and

(ii) in case such carcase is damaged, the appropriate damage allowance, and

(iii) in case the freight of such pig is paid by such licensee or minor curer and a note stating the amount thereof is delivered to the vendor, the amount of such freight, and

(iv) in case such pig is carried to the premises of such licensee or minor curer in a vehicle owned by such licensee or minor curer, a sum equal to the sum which would be the freight allowance if such pig were a non-factory-purchased pig;

(c) any factory-purchased pig, the carcase of which belongs to a non-graded class, at a sum other than the following sum, namely, a sum calculated by reference to the weight of such carcase and the price fixed by such order for carcases of factory-purchased pigs of a class corresponding to the class of such carcase less—

(i) the appropriate amount, and

(ii) in case such carcase is damaged, the appropriate damage allowance, and

(iii) in case the freight of such pig is paid by such licensee or curer and a note stating the amount thereof is delivered to the vendor, the amount of such freight, and

(iv) in case such pig is carried to the premises of such licensee or minor curer in a vehicle owned by such licensee or minor curer, a sum equal to the sum which would be the freight allowance if such pig were a non-factory-purchased pig.

(2) It shall not be lawful, during the currency of an appointed price order, for any registered minor curer to purchase or for any person to sell to a registered minor curer any carcase of a non-factory-purchased pig of any class at a sum other than the following sum, namely, a sum fixed by reference to the weight of such carcase and the price fixed by such order for carcases of non-factory-purchased pigs of a class corresponding to the class of such carcase, less—

(i) the appropriate amount,

(ii) the freight allowance,

(iii) the buying allowance, and

(iv) in case such carcase is damaged, the appropriate damage allowance.

(3) In this section the expression “the appropriate amount” in relation to any pig or carcase sold means the sum of the following amounts:—

(a) in case such pig is purchased by a licensee—

(i) a sum equal to the sum for the time being prescribed for the purposes of the levy payable to the Board by licensees under section 150 of the Principal Act; and

(ii) a sum equal to the sum for the time being prescribed by the Minister under section 28 of the Principal Act; and

(iii) a sum equal to the sum for the time being fixed as the insurance allowance; and

(b) in case such pig or carcase is purchased by a registered minor curer, a sum of one shilling; and

(c) in case such pig or carcase is purchased at a fair or market at which tolls are payable, a sum equal to the amount of the toll for one pig or one carcase (as the case may be); and

(d) in case such a pig or carcase is purchased at a fair or market and was for the purpose of such sale weighed on a weighing machine provided for the purpose of such fair or market, a sum equal to the sum chargeable for weighing one pig or one carcase (as the case may be) on such weighing machine; and

(e) in case such pig or carcase is weighed at a place other than the premises of such licensee or registered minor curer on a weighing machine provided by such licensee or registered minor curer, a sum equal to the sum (if any) customarily chargeable by such licensee or registered minor curer for weighing one pig or one carcase (as the case may be).

(4) If any licensee or registered minor curer purchases, or any person sells to a licensee or a registered minor curer, any pigs or carcases in contravention of this section, such licensee or registered minor curer and such person shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of two pounds for every pig or carcase in respect of which such offence is committed.

Provisions in relation to pigs sold at licensed premises.

61. —(1) Where a pig is offered for sale at licensed premises or premises registered in the register of minor curers upon terms that the price thereof is to be determined after slaughter, it shall not be lawful for the licensee in respect of such licensed premises or the person registered in respect of such premises to purchase such pig except upon such terms.

(2) If any person being a licensee or registered minor curer purchases any pig 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 ten pounds.

Sale certificates.

62. —(1) The Board may, whenever and so often as it thinks fit, by order require any licensee or registered minor curer who purchases any pig or carcase of a pig to make, sign, and deliver to the vendor a certificate containing the names and addresses of the vendor and purchaser and such particulars in relation to such pig or carcase as may be specified in such order.

(2) The Board may by order under this sub-section revoke or amend an order made under this section (including this sub-section).

(3) If any licensee or registered minor curer fails or neglects to comply with the requirements of an order made under sub-section (1) of this section, such licensee or registered minor curer shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Marking of carcases.

63. —(1) The Board may, whenever and so often as it thinks fit, by order require any licensee or registered minor curer who purchases any pig to mark the carcase of such pig with such marks as may be specified in such order.

(2) The Board may by order under this sub-section revoke or amend an order made under this section (including this sub-section).

(3) If any licensee or registered minor curer fails or neglects to comply with the requirements of an order made under sub-section (1) of this section, such licensee or registered minor curer shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Amendment of section 145 of the Principal Act.

64. Section 145 of the Principal Act is hereby amended by the deletion of the words “during any sale period” wherever those words occur in the said section, and the said section shall be construed and have effect accordingly.

Amendment of section 146 of the Principal Act.

65. Section 146 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the insertion in sub-section (1) of the said section of the words “in one or more counties or, if authorised by the Minister, in a particular case in a particular area” after the words “bacon trade”;

(b) by the substitution in sub-section (2) of the said section of the following paragraph for paragraph (c) now contained therein, that is to say:—

“(c) dispose of such pigs or any of them in such manner as the Board think fit.”

Weekly returns by licensees of proposed slaughtering of pigs.

66. —(1) The Board may, whenever and so often as it thinks fit, cause to be served on the licensee in respect of any licensed premises a notice in writing (in this section referred to as a returns notice) requiring such licensee to make, until the Board otherwise directs, in respect of the week (which shall not be a week commencing earlier than the twenty-first day after the date of the passing of this Act) specified in such notice and each subsequent week, not later than seven days before such week, a return stating the number of pigs he proposes to slaughter in such premises during such week, and references in this Part of this Act to the slaughtering quota in respect of any licensed premises for any week shall be construed as references to the number of pigs specified in a return made in pursuance of a returns notice, by the licensee in respect of such premises as the number proposed to be slaughtered in such premises during such week.

(2) If any licensee in respect of licensed premises on whom a returns notice is served—

(a) fails, refuses or neglects to make any return in accordance with such notice, or

(b) slaughters, except with the previous consent of the Board, at such licensed premises in any week a number of pigs in excess of the slaughtering quota in respect of such premises for such week,

such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

Tenders of pigs by producers.

67. —Any person may, not later than ten days before any week commencing after the twenty-first day after the passing of this Act, send to the Board a notice in writing (in this Part of this Act referred to as a producer's tender) stating that he is able and willing to sell and deliver during such week the number of pigs (being pigs in his possession and at his own premises for at least four weeks before the date of such notice) set out in such notice.

Sale orders.

68. —(1) Whenever the Board receives from any person a producer's tender stating that he is able and willing to deliver, during the week to which such tender relates, the number (in this section referred to as the number tendered) of pigs set out in such tender, the following provisions shall have effect, that is to say:—

(a) the Chairman of the Board may make an order (in this section referred to as the said order) requiring—

(i) such person (in this section referred to as the vendor) to sell and deliver to the licensee of specified licensed premises (in this section referred to as the purchaser), at such premises and on such day or days during such week as the purchaser may direct, a specified number (not exceeding the number tendered less such number of pigs as the vendor may be required to sell and deliver by another order under this section previously made in relation to such week, nor exceeding the slaughtering quota in respect of such premises for such week less such number of pigs as the purchaser may be required to purchase and take delivery of at such premises by another order under this section previously made in relation to such week) of pigs, being pigs in the possession and at the premises of the vendor for at least four weeks before the date of such producer's tender, and

(ii) the purchaser to purchase and take delivery at such premises during such week of the said specified number of pigs;

(b) on the making of the said order the Chairman of the Board may cause a copy thereof to be served on each of them, the vendor and the purchaser, not later than four days before the commencement of such week;

(c) on the due service of a copy of the said order upon each of them, the vendor and the purchaser, the following provisions shall have effect:—

(i) the vendor and the purchaser shall be deemed to have entered into a contract in terms of the requirements of the said order,

(ii) if the requirements of the said order are not complied with, the vendor and purchaser shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds,

(iii) it shall be a good defence in any proceedings for an offence under this section against the vendor to prove that non-compliance with the said order was due to the acts or default of the purchaser,

(iv) it shall be a good defence in any proceedings under this section against the purchaser to prove that non-compliance with the said order was due to the acts or default of the vendor.

(2) More than one order in relation to any one week may be made under this section in respect of—

(a) a person who has sent a producer's tender to the Board in relation to such week, or

(b) the licensee of licensed premises.

(3) Every pig sold and delivered under an order made under this section shall be so sold and delivered upon terms that the price of such pig is to be determined after slaughter.

Hypothetical price orders.

69. —(1) The Board may, whenever and so often as it thinks fit, by order (in this Part of this Act referred to as a hypothetical price order) do all or any of the following things, that is to say:—

(a) in respect of any class of non-factory-purchased pigs, fix (in terms of a rate per hundredweight) the price (in this Act referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be then the proper price thereof;

(b) in respect of any grade of any graded class of carcases of factory-purchased pigs, fix (in terms of a rate per hundredweight) the price (in this Act referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be then the proper price thereof;

(c) in respect of any non-graded class of carcases of factory-purchased pigs, fix (in terms of a rate per hundredweight) the price (in this Act referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions be then the proper price thereof;

(d) in respect of any class of carcases of non-factory-purchased pigs, fix (in terms of a rate per hundredweight) the price (in this Act referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be then the proper price thereof.

(2) The Board may by order revoke any hypothetical price order.

(3) Every hypothetical price order shall cease to be in force upon the happening of whichever of the following events first happens after the day on which such order is made—

(a) the revocation of such order;

(b) the coming into force of either an appointed price order or an appointed price (amending) order.

Levies payable by licensees and registered minor curers.

70. —(1) Whenever—

(a) the Board has made a hypothetical price order fixing, in respect of any class of pigs, the hypothetical price thereof, and

(b) the appointed price for pigs of that class for the period during which such hypothetical price order is in force is less than the said hypothetical price in respect of pigs of that class,

each person, who during such period or any part thereof was either a licensee or a registered minor curer shall at the expiration of such period pay to the Board, in respect of all pigs of that class purchased by him during such period, a levy calculated by reference to the weight of the carcases of such pigs and a price equal to the difference between the said appointed price and the said hypothetical price.

In this sub-section the word “pigs” means non-factory-purchased pigs.

(2) Whenever—

(a) the Board has made a hypothetical price order fixing, in respect of any grade of any graded class of carcases, the hypothetical price thereof, and

(b) the appointed price for carcases of that grade of that class for the period during which such hypothetical price order is in force is less than the said hypothetical price in respect of that grade of that class of carcases,

each person, who during such period or any part thereof was either a licensee or a registered minor curer, shall at the expiration of such period pay to the Board, in respect of all factory-purchased pigs purchased by him during such period, the carcases of which were carcases of that grade of that class, a levy calculated by reference to the weight of the carcases of such pigs and a price equal to the difference between the said appointed price and the said hypothetical price.

In this sub-section the word “carcases” means carcases of factory-purchased pigs.

(3) Whenever—

(a) the Board has made a hypothetical price order fixing, in respect of any non-graded class of carcases, the hypothetical price thereof, and

(b) the appointed price for carcases of that class for the period during which such hypothetical price order is in force is less than the said hypothetical price in respect of that class of carcases,

each person, who during such period or any part thereof was either a licensee or a registered minor curer, shall at the expiration of such period pay to the Board, in respect of all factory-purchased pigs purchased by him during such period, the carcases of which were carcases of that class, a levy calculated by reference to the weight of such carcases and a price equal to the difference between the said appointed price and the said hypothetical price.

In this sub-section the word “carcases” means carcases of factory-purchased pigs.

(4) Whenever—

(a) the Board has made a hypothetical price order fixing, in respect of any class of carcases, the hypothetical price thereof, and

(b) the appointed price for carcases of that class for the period during which such hypothetical price order is in force is less than the said hypothetical price of that class of carcases,

each person, who during such period or any part thereof was a registered minor curer, shall at the expiration of such period pay to the Board, in respect of all carcases of that class purchased by him during such period, a levy calculated by reference to the weight of such carcases and a price equal to the difference between the said appointed price and the said hypothetical price.

In this sub-section the word “carcases” means carcases of non-factory-purchased pigs.

(5) Where any person is liable under this section to pay to the Board at the expiration of any period any levy the Board shall as soon as may be after the expiration of such period ascertain the amount thereof, and make in respect of such person a certificate certifying that the said amount is payable by such person in respect of such period and serve a copy of such certificate on such person, and upon such service such amount shall be a debt due and payable by such person to the Board, and may be recovered as a simple contract debt in any court of competent jurisdiction.

(6) Moneys received by the Board under this section shall be used for no purpose other than the making of payments under the next following section.

(7) In this section the expression “appointed price” means the price fixed by an appointed price order.

Payments to licensees and registered minor curers in respect of bacon.

71. —(1) The Board may, at the expiration of any period, commencing on or after the appointed day, which the Board may from time to time appoint for the purposes of this section, pay, out of the Pigs Marketing Fund, to each person, who during such period or any part thereof was a licensee or a registered minor curer, in respect of any bacon (being bacon produced by him) which, during such period, was either sold in Saorstát Eireann or exported a sum calculated by reference to the weight of such bacon and at such rate as the Board thinks proper.

(2) Where the Board is authorised under this section to make payments in respect of bacon, the Board may for the purposes of making such payments fix different rates in respect of different grades of bacon, and in respect of bacon which is exported, and bacon which is not exported, and may in respect of bacon which is exported fix different rates in respect of different countries.

(3) Notwithstanding anything contained in sub-section (6) of section 147 of the Principal Act, moneys received under the said section 147 may be used by the Board for the purposes of making payments under this present section.

Amendment of section 147 of the Principal Act.

72. —(1) Section 147 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the deletion in each provision of the said section 147 to which this present section applies of the words “exceeds the hypothetical price” and the substitution therefor of the words “differs from the hypothetical price”;

(b) by the deletion in each such provision of all words now contained therein after the words “the Board thinks proper”.

(2) This section applies to each of the following provisions of section 147 of the Principal Act namely:—

(a) paragraph (c) of sub-section (1);

(b) paragraph (c) of sub-section (2);

(c) paragraph (c) of sub-section (3);

(d) paragraph (c) of sub-section (4).

(3) This section shall have effect as on and from the date of the passing of the Principal Act.

Amendment of section 148 of the Principal Act.

73. —Sub-section (1) of section 148 of the Principal Act is hereby amended by the insertion at the end thereof of the words “and may finance or contribute to the costs of schemes for the improvement of pigs either generally or in particular districts”, and the Principal Act shall be construed and have effect accordingly.

Amendment of section 149 of the Principal Act.

74. —Sub-section (1) of section 149 of the Principal Act is hereby amended by the substitution of the words “or any premises registered in the register of minor curers, and to inspect all pigs, carcases and bacon in such premises and to observe and examine any process carried on in such premises,” for the words “and to inspect all pigs, carcases and bacon in such premises” and the said section shall be construed and have effect accordingly.

Amendment of section 153 of the Principal Act.

75. Section 153 of the Principal Act is hereby amended by the deletion of the words “by order”, and Part IV of the Principal Act shall be construed and have effect accordingly.

Application of section 154 of the Principal Act.

76. —The expression “this Part of this Act” where it occurs in section 154 of the Principal Act shall be construed as meaning Part IV of the Principal Act or this Part of this Act.

Validity of orders of the Pigs Marketing Board.

77. —The making of an order by the Board under Part IV of the Principal Act or under this Part of this Act shall be prima facie evidence that such order was validly made in all respects.

Evidence.

78. —(1) In any legal proceedings by or against the Board the production of a document purporting to be a copy of an instrument made by the Board or the Chairman of the Board or of any extract from any such instrument or of any resolution passed by the Board or of any minutes or part of the minutes of the Board and to be certified to be a true copy by the Chairman of the Board or the Secretary of the Board shall be sufficient evidence of such instrument, extract, minutes, or part of minutes, and no proof shall be required of the handwriting or official position of the person certifying the same.

In this sub-section the word “instrument” includes any order, regulations, certificate or other document of whatsoever kind.

(2) A certificate purporting to be under the hand of the Secretary of the Board certifying that a person named in such certificate was during a specified period a licensee or certifying that a person named in such certificate was during a specified period a registered minor curer shall be prima facie evidence of the matters so certified, and it shall not be necessary to prove the signature of such secretary or that he was in fact such secretary.

(3) In any proceedings under Part IV of the Principal Act, or this Part of this Act against a person who is or was a licensee or a registered minor curer prima facie evidence of all or any matters contained in a return made by or on behalf of such licensee or registered minor curer in pursuance of section 112 of the Principal Act may be given by the production of such return.

(4) In any proceedings under section 112 of the Principal Act against a person who is or was a licensee or a registered minor curer for failure or refusal to make a return required by regulations made under the said section, a certificate purporting to be signed by the Secretary of the Board to certify that such licensee or registered minor curer has failed or refused to make such return shall be prima facie evidence of the facts so certified.