S.I. No. 132/1938 -- Emergency Imposition of Duties (No. 145) Order, 1938.
1938
132
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No. 132/1938:
EMERGENCY IMPOSITION OF DUTIES (No. 145) ORDER, 1938.
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| | EMERGENCY IMPOSITION OF DUTIES (No. 145) ORDER, 1938.
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| | WHEREAS it is enacted by
section 1
of the
Emergency Imposition of Duties Act, 1932
(No. 16 of 1932), as adapted in consequence of the enactment of the Constitution, that the Government may, if and whenever they think proper, do by order all or any of certain things and among others vary, in any manner or respect whatsoever, in regard to goods imported into Ireland on or after a specified day any customs duty in force at the passing of the said Act or imposed by any Act passed or order made after the passing of the said Act or any qualification, limitation, drawback, allowance, exemption, or preferential rate in force at the date of such order in relation to any such duty:
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| | NOW, the Government, in exercise of the powers conferred on them by
section 1
of the
Emergency Imposition of Duties Act, 1932
(No. 16 of 1932), as adapted in consequence of the enactment of the Constitution, and of every and any other power them in this behalf enabling, do hereby order as follows:
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| | 1. This Order may be cited as the Emergency Imposition of Duties (No. 145) Order, 1938.
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| | 2. The
Interpretation Act, 1937
(No. 38 of 1937), applies to this Order.
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| | 3. Every Act mentioned at the head of a Part of the Schedule to this Order shall be amended as follows, that is to say, every section, schedule, or reference number of or in such Act which is mentioned in the second column of the said Part of the said Schedule shall be amended in the manner stated in the third column of the said Part of the said Schedule opposite the mention of such section, schedule, or reference number (as the case may be) in the said second column.
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| | 4. Every amendment which is so stated as aforesaid in the Schedule to this Order shall have effect as on and from the 13th day of May, 1938.
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| | 5. The particulars stated in the fourth column of the Schedule to this Order are inserted in the said Schedule solely to facilitate the identification of the duties respectively affected by the several amendments mentioned in the said Schedule, and accordingly nothing contained in the said fourth column shall affect the construction of this Order or the said Schedule or operate to extend, limit, or control the extent or effect of any amendments mentioned in the said Schedule.
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SCHEDULE.
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| | AMENDMENTS OF CERTAIN FINANCE ACTS.
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| | PART I.
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FINANCE (CUSTOMS DUTIES) (No. 4) ACT, 1931
(No. 43 OF 1931)
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| | | Ref. No. |
Section or Schedule Amended |
Nature of Amendment |
General Subject Matter of Amendment |
| 1 |
Section 1. |
The following provision shall have effect in relation to the duty imposed by the said Section 1, that is to say :— |
The Customs duty on mineral hydrocarbon light oil.
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"Whenever the Minister for Finance, after consultation with the Minister for Industry and Commerce, so thinks proper, the Revenue Commissioners may repay to any particular person, subject to compliance with such conditions as they may think fit to impose, any duty charged and levied under
Section 1
of the
Finance (Customs Duties) (No. 4) Act, 1931
(No. 43 of 1931), and paid on any particular articles on importation or on delivery from bonded warehouse."
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| | PART II.
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FINANCE (CUSTOMS DUTIES) (No. 4) ACT, 1932
(No. 34 OF 1932).
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| | | Ref. No. |
Section or Schedule Amended |
Nature of Amendment |
General Subject Matter of Amendment |
| 2 |
First Schedule, Part I, reference number 16. |
In the second column at the said reference number 16 as amended at reference number 5 in the Seventh Schedule to the
Finance Act, 1933
(No. 15 of 1933), the words "excluding bamboo canes" shall be added at the end of sub-paragraph (27) of paragraph (d). |
The duty on certain wooden articles.
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| | SCHEDULE—continued.
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| | PART III.
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FINANCE ACT, 1933
(No. 15 OF 1933).
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Section or Schedule Amended |
Nature of Amendment |
General Subject Matter of Amendment |
| 3 |
First Schedule, reference number 4. |
In the second column at the said reference number 4:—
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The duty on metal fabric and expanded metal. |
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(a) the words "exceeding in weight three pounds per square yard and" shall be deleted, and the words "which is" shall be substituted therefor, and
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(b) the word "intended" shall be deleted, and the word "suitable" shall be substituted therefor.
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Second Schedule, reference number 2. |
The duty mentioned at the said reference number 2 shall not be charged or levied on any dry battery which at importation forms part of a complete wireless telegraphy apparatus which is chargeable with the duty imposed by
Section 8
of the
Finance Act, 1926
(No. 35 of 1926), but is permitted, by virtue of
Section 23
of the
Finance Act, 1935
(No. 28 of 1935), to be imported without payment of that duty. |
The duty on dry batteries. |
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| | PART IV.
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FINANCE ACT, 1934
(No. 31 OF 1934).
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Section or Schedule Amended |
Nature of Amendment |
General Subject Matter of Amendment |
| 5 |
Fourth Schedule, Part III. |
(a) At reference number 16 in the said Fourth Schedule, the words "or (subject to compliance with such conditions as the Revenue Commissioners may impose) within such time as the Revenue Commissioners may allow" shall be inserted in the second column after the words " at the one time." |
Compounded motorcar duties, |
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(b) At reference number 17 in the said Fourth Schedule, the words "or (subject to compliance with such conditions as the Revenue Commissioners may impose) within such time as the Revenue Commissioners may allow" shall be inserted in the second column after the words "at the one time." |
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| | PART V.
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FINANCE (MISCELLANEOUS PROVISIONS) ACT, 1935
(No. 7 OF 1935).
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Section or Schedule Amended |
Nature of Amendment |
General Subject Matter of Amendment |
| 6 |
Section 1. |
The following provision shall have effect in relation to the duty imposed by the said Section 1, that is to say:— |
The excise duty on mineral hydrocarbon light oils. |
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" Whenever the Revenue Commissioners are satisfied that the duty of excise imposed by Section 1 of the Finance (Miscellaneous) Provisions) Act, 1935 (No. 7 of 1935), has been paid on any mineral hydrocarbon light oil and that such oil has been used or is intended for use as an ingredient in the manufacture of an article which is not of the character of mineral hydrocarbon light oil or not merely a mixture or blend of mineral hydrocarbon light oils (whether with or without the addition of colouring matter or similar ingredient), they may repay the amount of the said duty so paid on such oil."
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| | PART VI.
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FINANCE ACT, 1935
(No. 28 OF 1935).
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Section or Schedule Amended |
Nature of Amendment |
General Subject Matter of Amendment |
| 7 |
First Schedule, reference number 28. |
In paragraph (c) in the second column at the said reference number 28, the words "and also excluding component parts of the said excluded component parts" shall be added after the word "earthenware." |
The duty on refrigerating apparatus. |
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First Schedule, reference number 29. |
(a) The duty mentioned at the said reference number 29 shall be charged, levied, and paid at the following rate in lieu of the rate mentioned in the third column at the said reference number, that is to say:— |
The duty on pencils, crayons, etc. |
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Whichever of the following rates produces in respect of each particular article the greater amount of duty, that is to say, the rate of an amount equal to fifty per cent, of the value of the article, or whichever of the following rates is applicable, that is to say:—
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(i) where the article chargeable is eight inches or less than eight inches in length—six shillings the gross, or
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(ii) where the article chargeable is more than eight inches in length—twelve shillings the gross,
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(k) The provisions of Section 8 of the Finance Act, 1919, shall apply to the duty mentioned at the said reference number 29 with the substitution of the expression "the area of application of the Acts of the Oireachtas" for the expression "Great Britain and Ireland" and as though articles chargeable with the said duty were mentioned in the Second Schedule to the said Act in the list of goods to which two-thirds of the full rate is made applicable as a preferential rate. |
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| | PART VII.
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FINANCE ACT, 1936
(No. 31 OF 1936).
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Section or Schedule Amended |
Nature of Amendment |
General Subject Matter of Amendment |
| 9 |
First Schedule, reference number 13. |
(a) The duty mentioned at the said reference number 13 shall be charged, levied, and paid at the rate of six shillings the gallon in lieu of the rate mentioned in the third column at the said reference number. |
The duty on cider and perry. |
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(b) The provisions of Section 8 of the Finance Act, 1919, shall apply to the duty mentioned at the said reference number 13 with the substitution of the expression "the area of application of the Acts of the Oireachtas" for the expression "Great Britain and Ireland" and as though articles chargeable with the said duty were mentioned in the Second Schedule to the said Act in the list of goods to which two-thirds of the full rate is made applicable as a preferential rate. |
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First Schedule, reference number 27. |
In the second column at the said reference number 27, the following paragraphs shall be added, that is to say:— |
Extension of duty on articles of casein, etc. |
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"(q) book-ends,
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(r) inkstands,
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(s) electric table lamps and standards for such lamps."
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| | PART VIII.
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FINANCE ACT, 1937
(No. 18 OF 1937).
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Section or Schedule Amended |
Nature of Amendment |
General Subject Matter of Amendment |
| 11 |
Third Schedule, |
The following reference number, description, and rate of minimum duty shall be inserted at the end of Part III of the said Third Schedule, that is to say:— |
Rates of minimum duty on personal clothing and wearing apparel. |
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31a |
Articles which are, in the opinion of the Revenue Commissioners neckties suitable for wear by men or boys, excluding neckties which at importation, are permanently made up, and also excluding articles which are shown, to the satisfaction of the Revenue Commissioners, to have been manufactured in the United Kingdom of Great Britain and Northern Ireland, or in the Channel Islands, or in the Isle of Man, or in the Dominion of Canada. |
3d. per article |
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| | DUBLIN.
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| | This 1st day of June, 1938.
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