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4 1958

PRICES ACT, 1958

PART III.

Prices for Commodities and Charges for Services.

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

13. —(1) Where the Minister, having considered a report of the Fair Trade Commission under the Act of 1953, is of opinion that—

(a) restrictive practices, in connection with the supply or distribution of any commodity, exist, and

(b) by reason of the existence of such restrictive practices, excessive prices are being or may be charged for that commodity,

the Minister may by order fix the maximum price at which that commodity may be sold.

(2) Where the Minister, having considered a report of the Fair Trade Commission under the Act of 1953, is of opinion that—

(a) restrictive practices, in connection with the rendering of any service, exist, and

(b) by reason of the existence of such restrictive practices, excessive charges are being or may be made for rendering that service,

the Minister may by order fix the maximum charge which may be made for rendering that service.

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

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

(2) Where the Minister, having considered a report of an Advisory Committee, is of opinion that the charges made for rendering any service by persons rendering it are excessive owing to causes within the control of those persons or to undue labour costs, the Minister may by order fix the maximum charge which may be made for rendering that service.

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

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

(2) An order under subsection (1) of this section may define a commodity in such manner as the Government think fit.

(3) An order under subsection (1) of this section may relate to one or more than one commodity.

(4) An order under subsection (1) of this section shall remain in force for such period (not exceeding six months from the date of the making thereof) as the Government think proper and specify in the order and shall then expire, unless continued in force by an order made under subsection (5) of this section.

(5) Where—

(a) there is for the time being in force an order (in this subsection referred to as the principal order) under subsection (1) of this section declaring that a state of emergency affecting the supply of a commodity exists, and

(b) the Government are of opinion that abnormal circumstances still prevail in relation to the supply of that commodity the following provisions shall have effect—

(i) the Government may by order (in this subsection referred to as a continuance order) made before the expiration of the principal order, continue the principal order in force for such period (not exceeding six months from the date on which the principal order would but for the continuance order expire) as the Government think proper and specify in the continuance order, and may thereafter from time to time by order (in this subsection also referred to as a continuance order), made before the expiration of the principal order under the last previous continuance order, continue the principal order in force for such period (not exceeding six months from the date on which the principal order would have expired under the last previous continuance order) as the Government think proper and specify in the continuance order,

(ii) if only one continuance order is made, the principal order shall continue in force until the expiration of the period for which it is continued in force by that continuance order, and shall then expire,

(iii) if two or more continuance orders are made, the principal order shall continue in force until the expiration of the period for which it is continued in force by the last of those continuance orders, and shall then expire.

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

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

16. —(1) Where there is for the time being in force an order under subsection (1) of section 15 of this Act declaring that a state of emergency affecting the supply of a commodity exists, the Minister may by order do either or both of the following things—

(a) fix the maximum price at which that commodity may be sold,

(b) fix the maximum charge which may be made for rendering, in the course of carrying on any trade or business, any service affecting the supply or distribution of that commodity.

(2) Where, during the continuance in force of an order (in this subsection referred to as the emergency order) under subsection (1) of section 15 of this Act declaring that a state of emergency affecting the supply of a commodity exists, the Minister makes an order (in this subsection referred to as the Ministerial order) under subsection (1) of this section fixing the maximum price at which that commodity may be sold or fixing the maximum charge which may be made for rendering in the course of carrying on any trade or business, any service affecting the supply or distribution of that commodity, the Ministerial order shall, if not previously revoked, expire on the expiration of the emergency order.

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

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

(2) The Minister, after consultation with the Minister for Agriculture, may from time to time by order fix the maximum retail prices of—

(a) butter,

(b) milk when sold in an area, declared by an order for the time being in force, made under section 6 of the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936), to be a sale district for the purposes of Part II of that Act.

Provisions in relation to orders.

18. —An order made by the Minister under any of the foregoing provisions of this Part may—

(a) define a commodity or service in such manner as the Minister thinks fit,

(b) define the conditions by reference to which a maximum price or charge is fixed, and fix different maximum prices or charges in relation to different conditions,

(c) relate to the whole State or to a particular area in the State,

(d) fix a maximum price or charge by specifying it or by setting out provisions by means of which it may be ascertained,

(e) contain all such incidental or ancillary provisions (including a requirement that the commodity to which the order relates shall be sold only in specified units of weight or measure) as shall appear to the Minister to be necessary or expedient for giving full effect to any provision inserted in the order under the powers conferred on him by this Act or to secure compliance with the order.

Retail price display orders.

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

Revocation and amendment of orders under Part III.

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

(2) The Minister may by order amend any order made by him under this Part.

Effect on contracts of orders controlling prices and charges.

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

(2) Any order under this Part controlling the price of a commodity or the charge for a service shall not affect the legality of a contract made on or after the date on which the order comes into force, or of anything done under the contract if—

(a) the contract is made in pursuance of a legal obligation arising from a prior contract made before that date, or

(b) the contract is made by a local authority with an official contractor appointed under section 3 of the Local Authorities (Combined Purchasing) Act, 1925 (No. 20 of 1925), or under section 6 of the Local Authorities (Combined Purchasing) Act, 1939 (No. 14 of 1939), as the result of an application made by him before that date.

Offences under Part III.

22. —If any person—

(a) contravenes, whether by act or omission, a provision of an order made under this Part, or

(b) sells a commodity at a greater retail price than that shown in any list which he is required by an order under section 19 of this Act to display,

such person shall be guilty of an offence under this section.