No. 403/1947:

POTATOES (MAXIMUM PRICES) (No. 2) ORDER, 1947.

POTATOES (MAXIMUM PRICES) (No. 2) ORDER, 1947.

I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by Article 31 of the Emergency Powers Order, 1939 (S. R. & O., No. 224 or 1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166 of 1942) (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946) ), and of every and any other power me in this behalf enabling, hereby order as follows :—

1. (1) This Order may be cited as the Potatoes (Maximum Prices) (No. 2 Order, 1947.

(2) This Order shall come into operation on the 17th day of December, 1947.

2. References in this Order to selling shall be construed as including references to agreeing or offering to sell or to inviting an offer to buy.

3. (1) No person shall sell to a retail merchant potatoes at a price exceeding a price calculated at the appropriate rate specified in the First Schedule to this Order.

(2) Where delivery is made of potatoes by a wholesale merchant to the premises of a retail merchant, the wholesale merchant may charge a sum calculated at a rate not exceeding three pence per cwt. for the delivery of the potatoes.

(3) It shall be a good defence to a prosecution under paragraph (1) of this Article to prove that the potatoes sold were of a description or descriptions mentioned in the second column of the Second Schedule to this Order at any reference number or reference numbers and that the price charged for potatoes of that description or those descriptions did not exceed a price calculated at the appropriate rate specified in the said Second Schedule opposite such reference number or reference numbers.

4. (1) No person shall sell by retail potatoes at a price exceeding a price calculated at the appropriate rate specified in the Third Schedule to this Order.

(2) It shall be a good defence to a prosecution under paragraph (1) of this Article to prove that the potatoes sold were of a description or descriptions mentioned in the second column of the Fourth Schedule to this Order at any reference number or reference numbers and that the price charged for potatoes of that description or those descriptions did not exceed a price calculated at the appropriate rate specified in the said Fourth Schedule opposite such reference number or reference numbers.

5. It shall be a good defence to a prosecution under any paragraph of this Order to prove that—

(a) the potatoes were not of the 1947 crop;

(b) the potatoes were seed potatoes certified as such in accordance with the terms of the Agricultural Produce (Potatoes) Act, 1931 (No. 26 of 1931), and the Regulations made thereunder.

6. For the purposes of this Order any fraction of a halfpenny shall be regarded as a halfpenny.

7. Where a direction is given by the Minister for Industry and Commerce in respect of any particular person or group of persons or in respect of any particular potatoes or description of potatoes the provisions of this Order shall, if and in so far as they are inconsistent with such direction, have effect subject to such direction.

FIRST SCHEDULE.

MAXIMUM PRICES OF POTATOES WHEN SOLD TO A RETAIL MERCHANT.

SECOND SCHEDULE

THIRD SCHEDULE.

MAXIMUM PRICES OF POTATOES WHEN SOLD BY RETAIL.

FOURTH SCHEDULE.

GIVEN under my Official Seal this 15th day of December, 1947.

(Signed) SEÁN F. LEMASS,

Minister for Industry and Commerce.