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26 1937

CONTROL OF PRICES ACT, 1937

PART VI.

Miscellaneous Provisions.

Returns by persons selling commodities.

44. —(1) The Commission may whenever and so often as they think fit publish in the Iris Oifigiúil a notice—

(a) stating their intention to keep under review during any period the prices charged in any area or areas on the sale under any set or sets of conditions (defined in such manner and by reference to, such things as they think proper) of any kind or kinds (defined in such manner and by reference to such things as they think proper) of a commodity, and

(b) requiring every person carrying on in such area or areas a business in which any such sales are made to send to the Commission at regular intervals during such period a return containing such particulars as to prices on such sales as shall be specified in such notice.

(2) Whenever the Commission publish a notice under this section, every person who fails to send to the Commission a return which he is required by such notice to send shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Publication by Commission of information in relation to prices.

45. —The Commission may publish, in such manner as they think fit, such information in relation to prices charged generally in Saorstát Eireann or in any particular area or areas on the sale under any particular set or sets of conditions of any kind or kinds of a commodity.

Statutory defences.

46. —(1) Where a person, being an employer or a principal, is charged with having committed an offence under section 27 (which relates to price orders) or section 30 (which relates to price (restriction on profits) orders) or section 40 (which relates to offences in relation to price certificates) of this Act, it shall be a good defence to such charge for such person to prove—

(a) that he used due diligence to prevent the commission of the acts alleged to constitute an offence; and

(b) that the acts alleged to constitute such offence were not done by him personally; and

(c) that the said acts were done without his consent, connivance or wilful default; and

(d) that on service of the summons on him he gave to the prosecutor all information in his power with respect to the person who did the said acts.

(2) Where a person, being a servant or employee, is charged with having committed an offence under section 27 (which relates to price orders) or section 30 (which relates to price (restriction on profits) orders) or section 40 (which relates to offences in relation to price certificates) of this Act, it shall be a good defence to such charge for such person to prove—

(a) that he was in the employment of another person (in this sub-section referred to as the employer); and

(b) that the acts alleged to constitute such offence were committed by him in the course of and for the purposes of such employment; and

(c) that the said acts were committed by him in obedience to the express orders of the employer; and

(d) that on service of the summons on him he gave all information in his power with respect to the matters mentioned in the foregoing paragraphs.

Effect of orders under Part III and certificates under Part IV on existing contracts.

47. —(1) Where a contract for the sale of any kind of a commodity which is the subject of a price order, a price (restriction on profits) order, or a price certificate has been entered into before the date on which such order or certificate comes into force and the whole or any part of such contract is to be performed after such date, the following provisions shall have effect, that is to say:—

(a) nothing in Part III , or Part IV , of this Act shall affect such contract or any of the terms thereof;

(b) anything done under such contract shall, for the purposes of Part III , or Part IV , of this Act, but not further or otherwise, be deemed to have been done before such date.

(2) Where a tender to supply any kind of a commodity at certain prices during a certain period has been accepted before the date on which a price order, a price (restriction on profits) order or a price certificate relating to such kind of such commodity comes into force and the person making such tender is legally bound, subject to the terms of such tender, to supply such quantities of such kind of such commodity as may from time to time be ordered from him during the said period, every contract affected by an order for such kind of such commodity during the said period and after such date shall be deemed for the purposes of sub-section (1) of this section to have been entered into before such date.