No. 21/1932:

CONTROL OF MANUFACTURES ACT, 1932

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Restriction on the carrying on of manufactures.

3 Certificate as to registered proprietor of shares in a body corporate.

4 Applications for new manufacture licences.

5 False information.

6 Grant of new manufacture licences.

7 Breach of conditions of new manufacture licence.

8 Transfer of new manufacture licences.

9 Expiry of new manufacture licence.

10 Alteration and revocation of new manufacture licences.

11 Information from manufacturers and other persons.

12 General regulations.

13 Prosecution of offences.

14 Expenses of the Minister.

15 Non-application of Act to milling of wheat, etc.

16 Short title.

AN ACT TO MAKE PROVISION FOR CONTROLLING THE CARRYING ON OF MANUFACTURES IN SAORSTÁT EIREANN.

[29th October, 1932.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—(1) In this Act—

the expression "the Minister" means the Minister for Industry and Commerce;.

the expression "prescribed" means prescribed by regulations made by the Minister under this Act:

the expression "body corporate" means a body corporate whether constituted before or after the passing of this Act and whether constituted within or without Saorstát Eireann;

the word "shares" shall be construed as including stock but excluding debentures and debenture stock;

the expression "adapt for sale" includes pack, bottle, or label for sale, but does not include the packing, bottling or labelling by a retailer of an article intended to be sold retail by him.

(2) Each of the following persons shall for the purposes of this Act be a national of Saorstát Eireann, that is to say:—

( a ) a person born in Saorstát Eireann or the area now comprised in Saorstát Eireann;.

( b ) a person who at the relevant time is and for not less than five consecutive years immediately preceding that time has been ordinarily resident in Saorstát Eireann.

2.—(1) It shall not be lawful for any person who carries on a business by way of trade or for the purposes of gain to do any of the following things in the course or as part of such business, that is to say, to make, alter, repair, ornament, finish or to adapt for sale any article, material, or substance or any part of any article, material, or substance, unless either—

( a ) such business is, at the time such thing is done, in the beneficial ownership of an individual who is at that time a national of Saorstát Eireann; or

( b ) such business is, at the time such thing is done owned by two or more individuals and more than half the capital invested at that time in such business is beneficially owned by an individual who is or two or more individuals each of whom is at that time a national of Saorstát Eireann; or

( c ) such business is, at the time such thing is done owned by a body corporate the issued shares of which are at that time to an extent exceeding one-half (in nominal value) thereof in the beneficial ownership of a person who is or of two or more persons each of whom is at that time either a national of Saorstát Eireann or a body corporate the issued shares of which are at that time to an extent exceeding one-half (in nominal value) thereof in the beneficial ownership of nationals of Saorstát Eireann; or

( d ) such business was carried on in Saorstát Eireann on the 1st day of June, 1932, and such business is, at the time such thing is done, owned by the body corporate by which it was owned on the said 1st day of June 1932, and the doing of such thing would if it had been done on the said 1st day of June, 1932, or within one month immediately preceding that date have been in the ordinary course or formed part of such business or have been a reasonable extension of such business as then carried on in Saorstát Eireann; or

( e ) such business was carried on in Saorstát Eireann on the 1st day of June, 1932, and such business is, at the time such thing is done, beneficially owned by the individual or all, some, or one of the individuals by whom it was beneficially owned on the 1st day of June, 1932, and the doing of such thing would, if it had been done on the said 1st day of June, 1932, or within one month immediately preceding that date have been in the ordinary course or formed part of such business or have been a reasonable extension of such business as then carried on in Saorstát Eireann; or.

( f ) such business was carried on in Saorstát Eireann on the 1st day of June, 1932, and such business is, at the time such thing is done, owned by a body corporate the issued shares of which are beneficially owned to an extent exceeding one half (in nominal value) by the individual or individuals by whom the business was beneficially owned on the 1st day of June, 1932, and the doing of such thing would, if it had been done on the said 1st day of June, 1932, or within one month immediately preceding that date, have been in the ordinary course or formed part of such business or have been a reasonable extension of such business as then carried on in Saorstát Eireann; or

( g ) such person is the holder of a new manufacture licence and such thing is done under such licence; or

( h ) such business is carried on in direct succession to a deceased person who would, if such thing had been done immediately before his death, have been lawfully entitled, under the foregoing provisions of this sub-section, to do such thing in the course or as part of such business, and such thing is done in the course or as part of such business between the date of the death of such person and the grant of probate of his will or letters of administration of his personal estate or, is so done by the personal representative of such person while carrying on such business in due course of administration; or

( i ) such thing is done in the course or as part of a business carried on by an assignee in bankruptcy, a trustee of an arranging debtor, or a receiver or manager appointed by a court in continuation of the business of a person who would, if such thing had been done immediately before such assignee, trustee, receiver, or manager commenced to carry on such business, have been lawfully entitled under the foregoing provisions of this sub-section to do such thing in the course or as part of such business.

(2) For the purposes of paragraph (c) of the immediately preceding sub-section but not further or otherwise, the following provisions shall have effect, that is to say:—

( a ) where a national of Saorstát Eireann dies and is at the time of his death the beneficial owner of any shares in a body corporate, such shares shall, until the grant of probate of his will or letters of administration of his personal estate, be deemed to continue in the beneficial ownership of a national of Saorstát Eireann, and upon a grant being made the personal representative for the time being of such national shall, so long as he is entitled to such shares in his representative capacity, be deemed to be the beneficial owner of such shares and, if he is not a national of Saorstát Eireann, to be a national of Saorstát Eireann; and

( b ) where a national of Saorstát Eireann becomes a bankrupt or carries an arrangement with his creditors and such national was at the time of his bankruptcy or arrangement the beneficial owner of any shares in a body corporate, and his interest in such shares becomes vested in his assignee in bankruptcy or a trustee of the estate of such national as an arranging debtor, such shares shall be deemed, so long as such interest remains so vested, to be in the beneficial ownership of such assignee or trustee, and such assignee or trustee shall, so long as such interest remains so vested be deemed, if he is not a national of Saorstát Eireann, to be a national of Saorstát Eireann; and

( c ) where a person is for the time being entitled to the income arising from any shares in a body corporate held by a trustee, such person shall, so long as he continues to be entitled to such income, be deemed to be the beneficial owner of such shares; and

( d ) where two or more persons are each for the time being entitled to a proportionate part of the income arising from shares in a particular body corporate or from such shares and other property held by a trustee, each of such persons, so long as he continues to be entitled to a proportion of such income, shall be deemed to be the beneficial owner of a corresponding proportion of such shares; and

( e ) where the issued shares of a body corporate are transferred to a bank, being a body corporate, by way of security for an advance and such bank is registered as the owner of such shares in the register of shareholders of such body corporate, such transfer and registration shall be deemed not to operate to transfer the ownership of such shares to such bank; and

( f ) whenever the issued shares of a body corporate cease to be held in the manner stated in the said paragraph (c), such shares shall be deemed to continue to be held in accordance with that paragraph for a period of six months after they cease to be in fact so held.

(3) Every person who does any act which is a contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds in the case of a first offence and fifty pounds in the case of a second or subsequent offence.

(4) Where a person is charged with having committed an offence under this section and prima facie evidence of such offence has been given, the onus of proving the matters or any of the matters mentioned in paragraphs (a), (b), (c), (d), (e), (f), (g), (h) and (i) respectively of sub-section (1) of this section shall lie on the person so charged, and until the contrary is proved it shall be presumed that none of those matters is applicable in relation to the act alleged to constitute such offence.

3.—(1) In any proceedings against a body corporate for an offence under the immediately preceding section, the production of a certificate in the prescribed form and containing the prescribed particulars and verified in the prescribed manner, under the hand of a person registered as the proprietor of shares in such body corporate certifying—

( a ) that he is the beneficial owner of such shares and is a national of Saorstát Eireann, or

( b ) that he holds such shares on behalf of another person and that such other person is a national of Saorstát Eireann,

shall be prima facie evidence of the facts so certified.

(2) If any person makes in a certificate under this section any statement which is 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 ten pounds.

4.—(1) Any person who carries on or proposes to carry on in Saorstát Eireann any business by way of trade or for the purpose of gain may make application to the Minister for a licence (in this Act referred to as a new manufacture licence) authorising him to do in the course or as part of such business such one or more of the things which may be authorised to be done under a new manufacture licence as he may specify in such application.

(2) Every application under this section for a new manufacture licence shall be in the prescribed form and be made in the prescribed manner and shall contain the prescribed particulars.

(3) Every person who applies under this section for a new manufacture licence shall, when required by the Minister so to do, furnish to the Minister all such information as the Minister may require for the consideration of such application.

5.—If any person in furnishing any information in pursuance of a requisition of the Minister under the immediately preceding section makes any statement which is 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 in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds.

6.—(1) Whenever an application is made to the Minister under this Act for a new manufacture licence the Minister may, in accordance with provisions to be prescribed, either—

( a ) grant to the applicant a new manufacture licence to do all the things specified in such application; or

( b ) grant to the applicant a new manufacture licence to do some or one only of the things specified in such application; or

( c ) refuse to grant such licence.

(2) Every new manufacture licence granted by the Minister shall—

( a ) be in the prescribed form; and

( b ) be expressed and operate to authorise the person who is for the lime being the holder of the licence, so long as such licence is in force, to do in the course or as part of a business carried on by way of trade or for the purposes of gain such one or more of the following things as may be specified in such licence, that is to say:—

(i) to make any article, material, or substance or any part of any article, material, or substance of any class or kind specified in such licence;

(ii) to alter, repair, ornament and finish any article, material, or substance or any part of any article, material, or substance of any class or kind specified in such licence;

(iii) to adapt for sale any article, material, or substance or any part of any article, material or substance of any class or kind specified in such licence; and

( c ) be and be expressed to be granted subject to such terms and conditions as shall be in accordance with provisions to be prescribed.

7.—If any person who is the holder of a new manufacture licence fails or neglects or refuses to comply with the terms and conditions subject to which such licence was granted, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first conviction to a fine not exceeding twenty-five pounds or in the case of a second or subsequent conviction to a fine not exceeding fifty pounds.

8.—Where a new manufacture licence authorising the doing of a thing in the course or as part of a business is in force, and the ownership of such business has been transferred, whether by act of the parties or operation of law, from the licensee under such new manufacture licence to another person, the following provisions shall have effect, that is to say:—

( a ) such person may apply to the Minister to transfer such licence to him, and on such application being made the Minister shall, unless such transfer would be a contravention of the conditions of such licence, transfer such licence to such person;

( b ) where such new manufacture licence is so transferred it shall be deemed to have been transferred as on the date on which such business is transferred.

9.—A new manufacture licence authorising the doing of a particular thing in the course or as part of a business shall cease to be in force on the cesser of the carrying on of such business or the revocation of such licence or the refusal of the Minister to transfer such licence under the immediately preceding section whichever first happens.

10.—(1) The Minister may at any time alter or revoke a new manufacture licence upon the application of the holder of such licence.

(2) The Minister may at any time, without any such application, revoke a new manufacture licence, if the holder of such licence has been convicted of a serious offence under any section of this Act.

(3) The Minister shall not revoke or alter a new manufacture licence save under and in accordance with this section.

11.—(1) The Minister may from time to time serve a notice in writing on any body corporate which by way of trade or for purposes of gain carries on a business to which this section applies requiring such body corporate within sixty days after the service of such notice to send to the Minister a return giving information relating to such matters, not contained in the returns made by such body corporate under the Companies Acts, as are required solely for the purpose of determining the beneficial ownership and the nature or the date of the establishment of such business as may be carried on by such body corporate.

(2) The Minister may from time to time serve a notice in writing on any person who by way of trade or for purposes of gain carries on a business to which this section applies requiring such person within twenty-eight days after the service of such notice to send to the Minister a return giving information in relation to such one or more of the following matters as may be specified in such notice, that is to say:—

( a ) the objects of such business;

( b ) the date of the establishment of such business;

( c ) if such business was being carried on on the 1st day of June, 1932, the nature of business as carried on at that date and the name and address or names and addresses of the person or persons by whom it was beneficially owned at that date;

( d ) the name and address or the names and addresses of the person or persons by whom it is beneficially owned at the date of the return, specifying in the case of each such person whether he is or is not a national of Saorstát Eireann and the amount of the capital invested in such business held by him;

( e ) such other matters relating to such business as may be specified in such notice and are required for the purpose of determining the beneficial ownership, the nature, or the date of establishment of such business.

(3) The Minister may from time to time serve a notice in writing on any body corporate (in this section referred to as a holding body corporate) which holds any shares in a body corporate carrying on a business to which this section applies requiring such holding body corporate within twenty-eight days after the service of such notice to send to the Minister a return stating any changes in the names or addresses of the shareholders in such holding body corporate since the date of the last return made under the Companies Acts.

(4) The Minister may from time to time serve a notice in writing on any person who holds any shares in a body corporate carrying on a business to which this section applies requiring such person within twenty-eight days after the service of such notice to send to the Minister a return stating whether he is or is not the beneficial owner of such shares and, in respect of such (if any) of the said shares as are held by him for other persons, the names and addresses of such other persons, specifying in the case of each such other person the number and nominal value of the shares held for him.

(5) The Minister may from time to time serve a notice in writing on any person who holds any shares in a holding body corporate requiring such person to state whether he is or is not the beneficial owner of the shares so held by him, and in respect of such (if any) of the said shares as are held by him for other persons, the names and addresses of such other persons, specifying in the case of each such other person the number and nominal value of the shares held for him and whether he is or is not a national of Saorstát Eireann.

(6) If any person on whom a notice is served under this section either refuses or neglects to make a return in accordance with such notice or makes a return which is 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 in the case of a first conviction to a fine not exceeding ten pounds, or in the case of a second or subsequent conviction to a fine not exceeding twenty pounds.

(7) This section applies to every business which includes any one or more of the following things, the making, altering, repairing, ornamenting, finishing or adapting for sale of any article, material or substance or any part of any article, material or substance.

(8) 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 the premises where such person carries on business.

12.—(1) The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat annulling such regulation, such regulation shall be annulled accordingly, but without prejudice to the validity of anything done previously under such regulation.

13.—Every offence under any section of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

14.—Any expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

15.—This Act shall not apply to the process of milling wheat or to the adapting for sale at a mill any product of wheat milled at such mill or to agriculture or to the altering or repairing by a retailer of an article intended to be sold retail by him.

16.—(1) This Act may be cited as the Control of Manufactures Act, 1932 .

(2) This Act shall come into operation on such day as shall be fixed for that purpose by order of the Minister.