No. 91/1937:

CORK DISTRICT MILK BOARD ORDER, 1937.

CORK DISTRICT MILK BOARD ORDER, 1937.

WHEREAS it is enacted by sub-section (1) of Section 6 of the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936), that the Minister for Agriculture may, whenever and so often as he thinks proper, by order (in Part II of the said Act referred to as a milk (joint district) order), do the following things, that is to say:—

(a) declare that a particular area specified or delimited in such order shall be a sale district for the purposes of Part II of the said Act, and

(b) declare that a particular area (which may or may not include the whole or any part of the area declared to be a sale district by such order) specified or delimited in such order shall be a production district for the purposes of Part II of the said Act, and

(c) declare that the said two areas shall together be a joint (sale and supply) district for the purposes of Part II of the said Act, and

(d) define (in such manner and by reference to such things as the said Minister shall think proper) what shall constitute in relation to milk a retailer and a wholesaler respectively in respect of such sale district, and

(e) declare that, of the ordinary members of the board to be established under Part II of the said Act for such joint (sale and supply) district, either—

(i) such board shall consist of a specified number of producer members, a specified number of retailer members, and a specified number of wholesaler members, or

(ii) if, but only if, the said Minister is of opinion that there are then no persons carrying on the business of wholesalers in such sale district, such board shall consist of a specified number of producer members and a specified number of retailer members, and

(f) appoint a day to be for the purposes of Part II of the said Act the appointed day in respect of such joint (sale and supply) district, and

(g) appoint a day to be for the purposes of Part II of the said Act the day of entry on office of first elected members in respect of such joint (sale and supply) district:

AND WHEREAS it is enacted by sub-section (2) of the said Section 6 that the number of producer members of a board for a joint (sale and supply) district shall not in any case be less than one-half of the number of the ordinary members of such board:

AND WHEREAS it is enacted by sub-section (I) of Section 8 of the said Act that whenever a milk (joint district) order is made there shall be established, as on and from the date on which such order comes into force, a board for the joint district to which such order relates, to be called and known by such name as the Minister for Agriculture shall specify in such order, to fulfil in relation to such district the functions assigned to it by this Part of this Act:

NOW, I, SÉAMAS O RIAIN, Minister for Agricultire, in exercise of the powers conferred on me by the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936), and of every and any other power me in this behalf enabling, do hereby order as follows:—

1.— (I) This Order may be cited as the Cork District Milk Board Order, 1937.

(2) This Order shall come into force on the 25th day of March, 1937.

2. In this Order the expression "the Act" means the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936).

3. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

4. The area specified in the Schedule to this Order shall be a sale district for the purposes of Part II of the Act.

5. The area specified in the Schedule to this Order shall be a production district for the purposes of Part II of the Act.

6. The area specified in the Schedule to this Order shall be a joint (sale and supply) district for the purposes of Part II of the Act.

7. The board, to be established in pursuance of sub-section (1) of Section 8 of the Act, for the joint (sale and supply) district to which this Order relates shall be called and known as the Cork District Milk Board.

8.— (1) Every person who carries on at premises situate in the sale district to which this Order relates the business of selling milk, other than a person who is, by virtue of paragraph (2) of this Article, a wholesaler in relation to milk in respect of such sale district, shall in relation to milk be a retailer in respect of such sale district.

(2) Every person—

(a) who carries on at premises situate in the sale district to which this Order relates the business of selling milk, and

(b) who, in the opinion of the Chairman of the Cork District Milk Board, either—

(i) on the average, taken over such period (exclusive of any part thereof during which, in the opinion of the said chairman, there was an abnormal demand for milk in such sale district) as the chairman may determine, obtained direct from producers of milk not less than two thousand gallons of milk per week, or

(ii) during such period (exclusive of any part thereof during which, in the opinion of the said chairman, there was an abnormal demand for milk in such sale district), as the said chairman may determine, obtained direct from producers of milk not less than seven hundred gallons of milk per week and sold not less than 60 per cent. of such milk in consignments of not less than two gallons each,

shall in relation to milk be a wholesaler in respect of such sale district.

9. The Board for the joint (sale and supply) district to which this Order relates shall consist of the following ordinary members, namely—

(a) Five producer members,

(b) Two retailer members, and

(c) One wholesaler member.

10. The 1st day of May, 1937, is hereby appointed to be for the purposes of Part II of the Act the appointed day in respect of the joint (sale and supply) district to which this Order relates.

11. The 1st day of October, 1937, is hereby appointed to be for the purposes of Part II of the Act the day of entry on office of first elected members in respect of the joint (sale and supply) district to which this Order relates.

SCHEDULE.

The area consisting of the County Borough of Cork and the townlands of Carrigrohane and Curraheen, in the District Electoral Division of Ballincollig; the townlands of Ardmanning Beg, Ardmanning More, Ballinaspig Beg, Ballinaspig More, Ballygaggin, Bishop's-mill-lands, Clashduff, Croghtamore, Deanrock, Farrandahadore Beg, Farrandahadore More, Farranmacteige, Freagh and Vicar's Acre, Gillabbey, Gurteenaspig, Huggartsland, Inchigaggin, in the District Electoral Division of Bishopstown; the townland of Killeenreendowney, in the District Electoral Divisions of Bishopstown and Blackrock; the townlands of Ballincurrig, Ballinlough, Ballintemple, Ballinure, Ballyphehane, Browningstown, Coppinger's Stang, Dundannion, Knockrea, Mahon, Raheen and Cooleen, Skahabeg North, Skahabeg South, Spital-Lands, in the District Electoral Division of Blackrock; the townland of Clogheenmilcon, in the District Electoral Division of Blarney; the townlands of Ballinglanna, Dunkettle, Inchera, in the District Electoral Division of Caherlag; the townlands of Ardarrig, Ballinimlagh, Ballinvuskig, Ballybrack, Castletreasure, Douglas, Grange, Maryborough, Moneygurney, Monfieldstown, Mounthovel, Rathmacullig East, Rathmacullig West, in the District Electoral Division of Douglas; the townlands of Ardarostig, Chetwynd, Curraheen, Doughcloyne, Garranedarragh, Knockalisheen, Knocknamallavoge, Rochfordstown, in the District Electoral Division of Iniskenny; the townlands of Ballycurreen, Curraghconway, Gortagoulane, Grange, Inchisarsfield, Lehenagh Beg, Lehenagh More, in the District Electoral Division of Lehenagh; the townlands of Arderrow, Ballinamought East, Ballincrokig, Ballincrossig, Ballinvriskig, Ballyharoon, Ballynahina, Ballynoe, Ballyphilip, Banduff, Garraneboy, Kilcully, Killeendaniel, Knocknahorgan, Lahardane, Lisnahorna, Lota Beg, Lota More, Piercetown, Poulacurry North, Poulacurry South, Rahanisky, Rathcooney, in the District Electoral Division of Rathcooney; the townlands of Ballincolly, Ballincrokig, Ballycannon, Ballysheehy, Ballyvolane, Cahergal, Clogheen, Closes, Commons, Coolmurraghue, Coppinger's Acre, Farranferris, Garranabraher, Kerryhall, Kilbarry, Killard, Killeens, Kilnap, Knockfree, Knocknabohilly, Knocknacullen East, Knocknacullen West, Knocknaheeny, Knockpoge, Mount Desert, Parknaglantane, Shanakiel, in the District Electoral Division of St. Mary's; and the townlands of Carhoo, Monard, Rathpeacon, in the District Electoral Division of Whitechurch, all of which said townlands are situated in the administrative County of Cork, but excluding the area in the County Borough of Cork comprising the premises of the creamery, the property of the Governing Body of University College, Cork, situated in the grounds of University College, between Donovan's Road and Western Road.

Given under my Seal of Office, this twenty-fifth day of March, 1937.

(Signed) SÉAMAS O RIAIN,

Minister for Agriculture.