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S.I. No. 66/1933 -- The Agricultural, Produce (Cereals) Act, (Part II), Regulations, 1933.

S.I. No. 66/1933 -- The Agricultural, Produce (Cereals) Act, (Part II), Regulations, 1933. 1933 66

No. 66/1933:

THE AGRICULTURAL, PRODUCE (CEREALS) ACT, (PART II), REGULATIONS, 1933.

THE AGRICULTURAL, PRODUCE (CEREALS) ACT, (PART II), REGULATIONS, 1933.

MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 26th DAY OF MAY, 1933, PURSUANT TO SECTION 16 of THE AGRICULTURAL PRODUCE (CEREALS) ACT, 1933 .

WHEREAS it is enacted by Section 16 of the Agricultural Produce (Cereals) Act, 1933 , that the Minister for Industry and Commerce may, by order, make regulations in relation to any matter or thing referred to in Part II of the said Act as prescribed or to be prescribed:

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the power conferred on him by Section 16 of the Agricultural Produce (Cereals) Act, 1933 , and of every and any other power him in this behalf enabling makes by this order the following regulations, that is to say:—

1. These regulations may be cited for all purposes as the Agricultural Produce (Cereals) Act (Part II), Regulations, 1933.

2. The Interpretation Act, 1923 , applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these regulations—

The expression "the Act" means the Agricultural Produce (Cereals) Act, 1933 : the expression "the Minister" means the Minister for Industry and Commerce.

4. The form in which an application shall be made for a milling licence under Section 20 of the Act and the particulars to be contained in such application shall be the Form No. 1 in the Schedule to these regulations and the particulars required by such form. Every such application shall be made by sending such form duly filled up, addressed to "The Secretary, Department of Industry and Commerce, Lord Edward Street, Dublin."

5. The form in which a milling licence shall be granted under Section 21 of the Act shall be the Form No. 2 in the Schedule to these regulations.

6. The conditions subject to which the Minister may under paragraph (d) of subsection (3) of Section 21 of the Act grant a milling licence shall be conditions in respect of any, or all, of the following matters, that is to say:—

(i) the construction by the holder of the licence of works, plant and apparatus to carry on the business of milling, authorised by the licence;

(ii) except where the holder of the licence is a body corporate required by the condition, referred to in Section 21 of the Act as the statutory condition, to continue to be an Irish-owned body corporate, the extent to which the capital invested in the business authorised by the licence is from time to time to be owned by nationals of Saorstát Eireann;

(iii) (a) the extent to which materials for the construction or adaptation of the works used for the carrying on of the business authorised by the licence and the plant, equipment and apparatus of such works shall be materials, plant, equipment and apparatus produced or manufactured in Saorstát Eireann;

(b) the extent to which the raw materials and articles used for the carrying on of the business authorised by the licence shall be materials and articles produced or manufactured in Saorstát Eireann;

(c) the extent to which articles used by the holder of the licence for the advertisement, sale or distribution by him of the products of the milling authorised by the licence shall be articles produced or made in Saorstát Eireann;

(iv) the extent to which employment in the carrying on of the business authorised by the licence, and in the sale or distribution by the holder of the licence of the products of the milling authorised by the licence, shall be given to nationals of Saorstát Eireann;

(v) The restriction of the sale or offering for sale by the holder of the licence of the products of the milling authorised by the licence to particular localities or areas;

(vi) the imposition on the holder of the licence of an obligation to secure that the products of the milling authorised by the licence shall not be sold or offered for sale by any person outside particular localities or areas;

(vii) the time within which the holder of the licence shall commence to mill wheat.

7. The form in which an application shall be made for transfer of a milling licence under Section 23 of the Act, and the particulars to be contained in such application, shall be the form No. 3 in the Schedule to these regulations, and the particulars required by such form.

8. The form in which the records shall be kept under Section 32 of the Act, and the particulars to be entered in such records, shall be the forms 4, 4a and 4b in the Schedule to these regulations, and the particulars required by such forms.

9. The form in which a permit shall be granted under Section 36 of the Act shall be the form No. 5 in the Schedule to these regulations.

By Order of the Minister for Industry and Commerce.

Dated this 26th day of May, 1933.

(Signed) JOHN LEYDON;

SECRETARY,

DEPARTMENT OF INDUSTRY AND COMMERCE.

FORM No. 1.

AGRICULTURAL PRODUCE (CEREALS) ACT, 1933 .

FORM OF APPLICATION FOR A MILLING LICENCE.

I. (a)1 _____________________________________________________ being
a body corporate (b)1 I (or we)2
constituting the firm or other association
of

or
carrying on business under the trade name of
hereby makes (or 2 make) application to the Minister for Industry and Commerce for a licence authorising it (me 2 or us) to carry on the business of milling wheat at the mill, consisting of the following premises, viz.:
situate at
II. (a)3Flour or wheaten meal has been milled during part of the year 1931, viz., during the following period or periods in 1931 ____________________
for sale in Saorstát Eireann.
(b)3 Flour or wheaten meal has not been milled during any part of 1931 for sale in Saorstát Eireann.
III. 4 (a)5 The body corporate by which this application is made is, at the date hereof, an Irish-owned body corporate within the meaning of subsection (1) of Section 5 of the Act.
(b)5 The body corporate by which this application is made is not, at the date hereof, an Irish-owned body corporate within the meaning of subsection (1) of Section 5 of the Act.
IV. 6 (a) The following persons whose names are given under Paragraph 1 (b) above are nationals of Saorstát Eireann within the meaning of Section 4 of the Act, viz.:
(b) The following persons whose names are given under Paragraph I (b) above are not nationals of Saorstát Eireann within the meaning of Section 4 of the Act, viz.
Dated this day of , 19  .
Signature of Applicants 7

1 Clause (a) is applicable where the application is made by a body corporate; if not applicable, this clause should be struck out.

1 Clause (b) is applicable where the application is not made by a body corporate; if not applicable, it should be struck out.

2 Strike out the inappropriate words.

3 Clause (a) or (b) is to be struck out as the case may be.

4 Paragraph III is applicable where the application is made by a body corporate; if not applicable, it should be struck out.

5 Clause (a) or (b) is to be struck out as the case may be.

6 Paragraph IV is applicable where the application is not made by a body corporate: if not applicable, it should be struck out.

7 If the application is made by a body corporate, it should be signed by a director or secretary thereof; if the application is not made by a body corporate, it should be signed by all the individuals whose names are mentioned in Paragraph I (b).

FORM No. 2.

AGRICULTURAL PRODUCE (CEREALS) ACT, 1933 .

MILLING LICENCE.

The Minister for Industry and Commerce hereby authorises

so long as this licence is in force, and subject to the terms and conditions hereinafter in the Schedule to this licence stated, to carry on by way of trade or for the purposes of gain the business of milling wheat at the mill consisting of the premises

situate at

This licence is granted subject to the terms and conditions which are set out in the Schedule hereto.

Given under the Seal of the Minister for Industry and

Commerce,  this   day of      19 .

SECRETARY,

DEPARTMENT OF INDUSTRY AND COMMERCE.

FORM No. 3.

AGRICULTURAL PRODUCE (CEREALS) ACT, 1933 .

APPLICATION FOR TRANSFER OF A MILLING LICENCE.

1. (a)I (We)

hereby apply to the Minister for Industry and Commerce for the transfer to me (or us) of the milling licence granted to

on the    day of

2. The beneficial ownership of the business of milling wheat at the mill which is the subject of the said licence has been transferred to me (or us), as follows(b):

Dated this day of 19 .

Signature of Applicant(s) (c):—

THE SECRETARY,

DEPARTMENT OF INDUSTRY AND COMMERCE,

DUBLIN.

(a) If the applicant is a body corporate or a firm or carries on business under a trade name, the name of the body corporate, or the firm or the trade name should be given here.

(b) Particulars of the manner in which the beneficial ownership of the business has been transferred to the applicant(s) should be given here. If the transfer has taken place under Will or intestacy, full particulars of such Will or intestacy should be given.

(c) If the application is made on behalf of a partnership the signature of every partner should be given. If the application is made on behalf of a corporate body it should be signed by the Secretary and sealed with the seal of the body corporate duly authenticated, or be otherwise duly authenticated in the manner provided by the constitution of the body corporate.

FORM No. 4.

AGRICULTURAL PRODUCE (CEREALS) ACT, 1933 .

RECORD REQUIRED TO BE KEPT UNDER SECTION 32.

WHEAT RECEIVED.

Date on which Wheat received into Mill or Stores Invoice No. Provisional and/or Final Delivery Order No. Name and Address of Supplier AMOUNT RECEIVED INTO STOCK Description Port Ship or Warehouse No. of Packages or state if in Bulk How and by whom delivered to Mill or Stores
Sale (Home-grown Wheat) Certificate Number Home-grown (Barrels) Imported (Barrels)
*
     *This column to be completed in cases where the wheat is purchased direct from a registered Wheat Grower.

FORM No. 4a.

AGRICULTURAL PRODUCE (CEREALS) ACT, 1933 .

RECORD REQUIRED TO BE KEPT UNDER SECTION 32.

DISPOSITIONS OF WHEAT.

Amount of Wheat used for Milling into Flour (excluding Wheatenmeal) Amount of Wheat used for Milling into Wheatenmeal Amount of Wheat used for purposes other than Milling into Flour and Wheatenmeal Wheat Sold and Delivered ex Stocks at Mill and Stores.
Home-grown Imported Home-grown Imported Amount (Barrels) Description How used Amount (Barrels) Description Invoice No. Name and Address of Purchaser How and by whom delivered
Date Amount (Barrels) Description Amount (Barrels) Description Amount (Barrels) Description Amount (Barrels) Description
Totals .......... .......... .......... .......... .......... ..........

FORM No. 4

AGRICULTURAL PRODUCE (CEREALS) ACT, 1933 .

RECORD REQUIRED TO BE KEPT UNDER SECTION 32.

MANUFACTURE AND DISPOSITION OF FLOUR AND WHEATENMEAL.

For the 24 hours ended

A.M.

P.M.

on the

 day of , 19

Flour Sacks (280 lbs.) Wheatenmeal Sacks (280 lbs.)

Flour and Wheatenmeal manufactured from Wheat recorded in the Record of Dispositions of Wheat, including improvers and admixtures added, and excluding other purchased products mixed-in during or after manufacture.

Purchases into Mill and Stores, other than improvers and admixtures, for mixing-in or subsequent delivery.

Returns from Customers to Mill and Stores

Add or deduct:

Adjustments for re-mixing and transfers to other products.

Deduct Deliveries to Customers ex Mill and Stores as recorded in Books of Account
                Totals ... ... _______________________

Deliveries to Customers as above are recorded

on Invoice Nos. ........to ..........................

FORM No. 5.

AGRICULTURAL PRODUCE (CEREALS) ACT, 1933 .

MILLING (HOME-GROWN WHEAT) PERMIT.

The Minister for Industry and Commerce hereby authorises

to carry on the business of Milling Home-grown Wheat at the Mill consisting of the premises
situate at
subject to the terms and conditions which are set out in the Schedule hereto.

Given under the Seal of the Minister for Industry and

Commerce, this day of 193.

SECRETARY,

DEPARTMENT OF INDUSTRY AND COMMERCE.

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