S.I. No. 305/1973:

FUELS (CONTROL OF SUPPLIES) (RESTRICTION ON DELIVERIES OF MOTOR SPIRIT) ORDER, 1973.

FUELS (CONTROL OF SUPPLIES) (RESTRICTION ON DELIVERIES OF MOTOR SPIRIT) ORDER, 1973.

I, PETER BARRY, Minister for Transport and Power, in exercise of the powers conferred on me by section 3 of the Fuels (Control of Supplies) Act, 1971 (No. 3 of 1971), hereby order as follows:--

1. This Order may be cited as the Fuels (Control of Supplies (Restriction on Deliveries of Motor Spirit) Order, 1973.

2. In this Order--

"commercial consumer" means a person who purchases motor spirit from an oil wholesaler or distributor for his own commercial use and not for resale;

"distributor" means a person other than an oil retailer who carries on the business of distributing or selling motor spirit;

"motor spirit" means any spirit which consists wholly or partly of hydrocarbon light oils as defined in section 1 (7) of the Finance (Customs Duties) (No. 4) Act, 1931 (No. 43 of 1931), and which is suitable for use in an internal combustion engine;

"oil wholesaler" means a person who carries on the business of selling motor spirit wholly or mainly by wholesale;

"oil retailer" means a person who carries on the business of selling motor spirit wholly or mainly by retail;

"normal deliveries" means--

( a ) where an oil retailer or a commercial consumer received a supply of motor spirit from an oil wholesaler or distributor before the 1st day of October, 1972 the amount received by him in the six months ended on the 31st day of March, 1973

( b ) where an oil retailer or commercial consumer--

(i) did not receive a supply of motor spirit before the 1st day of October, 1972, or

(ii) increased or decreased his business in the period from the 1st day of January, 1973, to the 30th day of September, 1973, by more than 20 per cent. when compared with the corresponding period in 1972,

such amount as shall be deemed appropriate by the oil wholesaler or distributor taking into account deliveries to comparable consumers in the six months ended on the 31st day of March, 1973.

3. In the period of three months ending on the 31st day of December, 1973, the amount of motor spirit delivered by an oil wholesaler or a distributor to an oil retailer or commercial consumer shall not exceed--

(i) 45 per cent. of normal deliveries in the case of a retailer, or

(ii) 47½ per cent. of normal deliveries in the case of a commercial consumer.

4. The Minister may from time to time in respect of any particular class of persons give a direction to an oil wholesaler or distributor that deliveries of motor spirit to that class of persons shall be such percentage, other than that specified in Article 3 of this Order, as may be specified in the direction.

5. The Minister may give a direction to an oil wholesaler or distributor requiring him to deliver a specified amount of motor spirit to a specified oil retailer or other person or to a specified class of persons, in addition to or in lieu of the amount which that oil wholesaler or distributor may deliver under this Order to that oil retailer, person or class of persons.

6. The restrictions on deliveries of motor spirit imposed by Article 3 of this Order shall not apply to deliveries to a fire service or ambulance, or to a vehicle used by the Defence Forces or the Garda Síochána.

GIVEN under my Official Seal this 16th day of November, 1973.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

The Order restricts, in the period of three months ending on the 31st day of December, 1973, the amount of motor spirit delivered by an oil wholesaler to a distributor or any other person or by a distributor to any person.