No. 5/1933:

THE LOCAL AUTHORITIES (COMBINED PURCHASING) (SUPPLY IN BULK) REGULATIONS, 1933.

THE LOCAL AUTHORITIES (COMBINED PURCHASING) (SUPPLY IN BULK) REGULATIONS, 1933.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE LOCAL AUTHORITIES (COMBINED PURCHASING) ACT, 1925 .

WHEREAS the Minister for Local Government and Public Health (hereinafter referred to as " the Minister ") in exercise of the powers vested in him by Section 12 of the Local Authorities (Combined Purchasing) Act, 1925 (hereinafter referred to as " the Act "), did by the Local Authorities (Combined Purchasing) Regulations, 1926 (hereinafter referred to as " the Principal Order "), prescribe conditions of supply for the commodities for which official contractors are appointed under the said Act ; and by Article 4 of the Local Authorities (Combined Purchasing) Regulations, 1929 (hereinafter referred to as " the Order of 1929 ") did amend the said conditions :

AND WHEREAS, by the Local Authorities (Combined Purchasing) (Road Surfacing) Regulations, 1930, the Minister did vary the conditions of supply for the commodities therein specified in the manner therein appearing :

AND WHEREAS it is expedient that the said Local Authorities (Road Surfacing) Regulations, 1930, be now revoked, and that alternative conditions of supply should be prescribed, and that such alternative conditions should be in force in relation to the supply of any commodity by an official contractor if the Minister so declares by the public notice in pursuance of which under Section 3 of the Act such official contractor is appointed :

NOW THEREFORE, the Minister in exercise of the powers vested in him by the said Section 12 of the Act, hereby orders as follows, that is to say :—

1.—(1) This Order may be referred to as the Local Authorities (Combined Purchasing) (Supply in Bulk) Regulations, 1933.

(2) This Order, together with the Local Authorities (Combined Purchasing) Regulations, 1926 to 1930, shall be read as one Order, and may be referred to collectively as the Local Authorities (Combined Purchasing) Regulations, 1926 to 1933.

2. The Local Authorities (Combined Purchasing) (Road Surfacing) Regulations, 1930, shall be and the same is hereby revoked ; but such revocation shall not affect the conditions of supply for any commodity by an official contractor who was appointed before the making of this Order during the period for which he was so appointed.

3. If the Minister, when giving in pursuance of sub-section (1) of Section 3 of the Act, public notice that he will within a specified time receive applications from persons desirous of being appointed official contractors under the Act for a specified period for the supply of any specified commodity, shall declare that such commodity is to be supplied in the manner required by this Order, Article 7 of the Principal Order as amended by Article 4 of the Order of 1929 shall not apply to the supply of such specified commodity during such specified period by any official contractor who shall be appointed in pursuance of such notice, and in lieu of the conditions prescribed by the said Article the conditions set forth in the next subsequent Article of this Order shall be the conditions of supply for such specified commodity during such specified period.

4. The conditions of supply referred to in the foregoing Article shall be as follows, that is to say:—

(1) Every supply of a commodity required by a local authority shall be delivered carriage paid at the place of delivery specified by the local authority provided that a contractor shall not be bound to deliver separately a less quantity than 20 tons.

(2) The local authority when notifying the official contractor of the quantity of the commodity they require shall specify :—

(a) The place where they required such quantity to be delivered.

(b) From which of the places for which a price has been quoted by the contractor in his application the commodity is to be sent.

(c) The method by which the commodity is to be sent from the quay at such place, or, where a supply of such commodity is kept by the contractor in a store at such place, from such store.

(3) In ascertaining the price to be charged to and paid by a local authority for a supply of a commodity, the cost (if any) of the carriage from the quay or store at the place from which the commodity is to be sent to the place where it is to be delivered by the method specified by the local authority shall be added to the price quoted for such quay or store by the contractor in his application.

(4) Delivery of a supply shall not be deemed to be complete until it has been accepted by an officer of the local authority duly authorised in that behalf.

(5) All commodities are to be supplied in non-returnable containers. In calculating the weight of any commodity supplied, the weight of the container or containers in which it is supplied is to be included. The containers shall be in conformity with any provision as to their nature in the specification of the commodity.

(6) On the exterior of every container there is to be marked by means of a stencil or in some other permanent and legible manner

(a) The total weight of the container with the commodity contained therein at the time of despatch, and

(b) A distinguishing number.

The invoice relating to the supply of any product shall state the total weight of every container with the commodity contained therein at the time of despatch by reference to the distinguishing number of such container. The distinguishing numbers assigned to the containers in which any one consignment is contained shall be consecutive, from one upwards.

(7) The official contractor shall deliver any supply required by a local authority at such times and in such instalments as shall be specified on the notification from the local authority ; provided that a reasonable time for transit of the goods to the place of delivery shall be allowed and that the official contractor shall not be deemed to have failed to comply with this condition if the delivery has been delayed in transit by reason of circumstances which the official contractor could not have prevented or foreseen.

(8) A local authority or their authorised officer shall be entitled in case any commodity delivered by an official contractor in pursuance of a notification from the local authority is not in every respect of the quality and sort ordered or is deficient in weight, size, measure or quantity, either to return the same at the expense of the official contractor, or to give notice to the official contractor to send for and take away the same, and in either case to purchase a fresh supply of such commodity or of such other commodity in lieu thereof as the local authority or their so authorised officer as aforesaid, shall think fit, or to employ any person or persons to furnish a fresh supply of such commodity.

(9) A local authority or their officer shall be entitled, in case any commodity delivered to them by an official contractor in pursuance of a notification from the local authority is deficient in weight, size, measure, or quantity ordered by them, to retain the same and purchase from any other person or persons such a supply of such commodity as shall be necessary to complete the quantity ordered, or to purchase and provide such quantity or quantities of any other commodity or commodities directed by the local authority to be used instead of the commodity contracted for with the official contractor.

(10) An official contractor shall bear and make good to the local authority all charges and expenses incurred by a local authority in providing a supply of a commodity under paragraphs 8 and 9 of these conditions over and above the price at which such commodity was contracted to be supplied and delivered to such local authority by the official contractor.

(11) A local authority shall be entitled to retain and apply any sum of money which may be due to an official contractor to the payment of such charges and expenses as the local authority shall incur under paragraphs 8 and 9 of these conditions in respect of any default as therein mentioned of such official contractor.

(12) Where a local authority or an officer of a local authority on their behalf, exercises any of the powers contained in paragraphs 8 and 9 of these conditions in respect of any commodity delivered to the local authority by an official contractor, if the official contractor disputes the existence of such grounds alleged by the local authority or officer for the exercise of such power, the official contractor may require an examination of the commodity by an independent person to be agreed upon by the local authority and the official contractor, or, in case the local authority and the official contractor fail so to agree to be nominated by the Minister. Such independent person shall decide whether such grounds existed, and such decision shall be final. The person against whom such decision is given shall pay all expenses of such examination.

Given under the Official Seal of the Minister for Local

Government and Public Health, this twenty-

fourth day of January in the year of Our Lord

One Thousand Nine Hundred and Thirty-Three.

(Signed), SEAN T. O CEALLAIG,

Minister for Local Government and Public Health.