PART VIII.

Wheat Milling and Grist Milling by the State.

95. —In this Part of this Act—

the expression “potential flour mill” means a grain mill which complies with all the following conditions, namely—

(a) is not for the time being the subject of a milling licence, and

(b) is not a maize mill, and

(c) is in the opinion of the Minister for Industry and Commerce suitable for the milling of wheat;

the expression “unworked maize mill” means premises which are not entered in the register of maize millers but which are in the opinion of the Minister for Agriculture suitable for the milling of maize.

96. —(1) The Minister for Industry and Commerce may serve notice in writing on the owner of any potential flour mill requiring such owner to furnish to him within twenty eight days after the service of such notice such particulars in relation to such mill as may be specified in such notice.

(2) The Minister for Agriculture may serve notice in writing on the owner of any unworked maize mill requiring such owner to furnish to him within twenty-eight days after the service of such notice such particulars in relation to such mill as may be specified in such notice.

(3) If any person on whom a notice is served under this section refuses or neglects to furnish the particulars required by such notice, or furnishes any such particulars which are false or misleading in any material respect, such person 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) A notice under this section may be served by delivering it to the person to whom it is addressed or by sending it by registered post to the person to whom it is addressed at his last known place of abode.

(5) An offence under this section in relation to any notice served under this section may be prosecuted by or at the suit of the Minister by whom such notice was served as prosecutor.

97. —(1) An inspector of the Minister for Industry and Commerce may, upon giving to the owner of a potential flour mill at least one month's notice in writing by registered letter addressed to him at his last known place of abode, enter upon the land on which such mill is situate and inspect such mill.

(2) An inspector of the Minister for Agriculture may, upon giving to the owner of an unworked maize mill at least one month's notice in writing by registered letter addressed to him at his last known place of abode, enter upon the land on which such mill is situate and inspect such mill.

(3) If any person obstructs any inspector in the exercise of the powers conferred on him by 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.

(4) An offence under this section in relation to an inspector of the Minister for Industry and Commerce may be prosecuted by or at the suit of that Minister as prosecutor and an offence under this section in relation to an inspector of the Minister for Agriculture may be prosecuted by or at the suit of that Minister as prosecutor.

98. —(1) The Minister for Industry and Commerce may, with the consent of the Minister for Finance acquire, compulsorily or by agreement, any land on which there is situate a potential flour mill together with every right of way, water right or other easement used and enjoyed in connection therewith.

(2) The Minister for Agriculture may, with the consent of the Minister for Finance acquire, compulsorily or by agreement, any land on which there is situate an unworked maize mill together with every right of way, water right or other easement used and enjoyed in connection therewith.

(3) For the purpose of the acquisition of land under this section the Lands Clauses Acts shall be incorporated with this Act subject to the following modifications, that is to say:—

(a) the provisions relating to the sale of superfluous land and access to the special Act and section 133 (which relates to land tax and poor's rate) of the Lands Clauses Consolidation Act, 1845, shall not be incorporated with this Act, and

(b) in the construction of this Act and the incorporated Acts, this Act shall be deemed to be the special Act and the Minister acquiring such land shall be deemed to be the promoter of the undertaking, and

(c) the bond required by section 85 of the Lands Clauses Consolidation Act, 1845, shall be under the seal of the Minister acquiring such land and shall be sufficient without the addition of the sureties mentioned in that section.

(4) The price or compensation payable on the acquisition of land under this section and the expenses incurred by the Minister acquiring such land in relation to such acquisition shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(5) Land which is subject to a land purchase annuity or the subject of a land purchase agreement or vested or in course of being vested in the Irish Land Commission shall not be acquired under this section without the consent of the Irish Land Commission.

99. —The Minister for Industry and Commerce may carry on the business of milling wheat on any land acquired by him under the immediately preceding section and for that purpose may do all or any of the following things, that is to say:—

(a) purchase plant, machinery and equipment;

(b) purchase wheat;

(c) import wheat;

(d) sell the produce of any wheat milled at any mill on such land;

(e) employ persons to assist in carrying on such business;

(f) enter into contracts;

(g) do all such other acts and things as he may consider necessary for the carrying on of such business as a commercial undertaking.

100. —The Minister for Agriculture may carry on the business of grist milling on any land acquired by him under this Part of this Act and for that purpose may do all or any of the following things that is to say:—

(a) purchase plant, machinery and equipment;

(b) purchase maize and home-grown cereals;

(c) import maize;

(d) sell the produce of any maize or other cereals milled at any mill on such land;

(e) employ persons to assist in carrying on such business;

(f) enter into contracts;

(g) do all such other acts and things as he may consider necessary for the carrying on of such business as a commercial undertaking.

101. —(1) The Minister for Industry and Commerce or the Minister for Agriculture (as the case may be) may, with the consent of the Minister for Finance, sell any land acquired by him under this Part of this Act and also the good will and stock in trade and other assets of any business carried on by him on such land in pursuance of this Part of this Act at such price as he may think proper.

(2) Any moneys received on a sale under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

102. —(1) The Minister for Industry and Commerce or the Minister for Agriculture (as the case may be) shall cause to be kept in such form as may be approved by the Minister for Finance in respect of every business carried on by him under this Part of this Act all proper and usual accounts of all moneys received or expended by him, including a capital account, revenue account, profit and loss account and a balance sheet.

(2) The accounts of the Minister for Industry and Commerce or the Minister for Agriculture (as the case may be) in respect of every business carried on by him under this Part of this Act shall at the end of every accounting year for such business be audited and be subject to a report by a duly qualified auditor appointed annually by such Minister with the consent of the Minister for Finance, and the fees of such auditor and the expenses generally of such auditor shall be part of the expenses of carrying on such business.

(3) Upon the completion of an audit under this section of the accounts of a Minister carrying on any business under this Part of this Act, such Minister shall cause a copy of the balance sheet and profit and loss account as passed by the auditor and a copy of the auditor's report to be laid before each House of the Oireachtas.

103. —(1) All profits made in carrying on any business under this Part of this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(2) All losses incurred in carrying on any business under this Part of this Act shall be paid out of moneys provided by the Oireachtas.

104. —All expenses incurred in carrying on any business under this Part of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.