Control of Manufactures Act , 1934

PART I. Preliminary and General.

1 Short title and citation.

1.—This Act may be cited as the Control of Manufactures Act, 1934, and the Control of Manufactures Act, 1932 (No. 21 of 1932), and this Act may be cited together as the Control of Manufactures Acts, 1932 and 1934.

2 Definitions.

2.—(1) In this Act—

the expression “the Principal Act” means the Control of Manufactures Act, 1932 (No. 21 of 1932);

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

(2) Every word and expression used in this Act to which a particular meaning is given by the Principal Act for the purposes of that Act has in this Act the meaning so given to it.

(3) Each of the following persons shall for the purposes of this Act be a qualified person, that is to say:—

(a) a person born in Saorstát Eireann or the area now comprised in Saorstát Eireann;

(b) a person who at the relevant time is and for not less than five consecutive years immediately preceding the 2nd day of July, 1934, has been ordinarily resident in Saorstát Eireann.

3 Service of notices.

3.—(1) Where a notice is permitted by this Act to be served on any person, such notice shall be served on such person in one or other of the following ways, that is to say:—

(a) by delivering to such person such notice, or

(b) by sending such notice by post in a prepaid registered letter addressed to such person at the address where he carries on business.

(2) For the purposes of this section a body corporate registered in Saorstát Eireann under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office, and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business in Saorstát Eireann.

4 Offences by bodies corporate.

4.—Where an offence under any section of the Principal Act or this Act committed by a body corporate is proved to have been committed with the consent or approval of, or to have been facilitated by any neglect of, any director, manager, secretary, or other officer of such body corporate, such director, manager, secretary or other officer (as the case may be) shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.

5 Prosecutions.

5.—(1) Proceedings in respect of an offence under any section of the Principal Act or of this Act shall not be instituted except by or with the consent of the Minister.

(2) Every offence under this Act may be prosecuted by or at the suit of the Minister as prosecutor.

6 Regulations.

6.—The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed.

7 Repeal of sections 2, 3, and 11 of the Principal Act.

7.—Sections 2, 3, and 11 of the Principal Act are hereby repealed.

8 Expenses of the Minister.

8.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II. Amendment and Extension of the Principal Act.

9 Restriction on the carrying on of manufactures.

9.—(1) It shall not be lawful for any person, who carries on a business by way of trade or for the purposes of gain, to do any of the following things in the course or as part of such business, that is to say, to make, alter, repair, ornament, finish, or to adapt for sale any article, material, or substance or any part of any article, material, or substance, unless either—

(a) such business was carried on continuously in Saorstát Eireann between the 2nd day of July, 1934, and the time at which such thing is done, and such business was on the 2nd day of July, 1934, in the beneficial ownership of an individual who was one the 2nd day of July, 1934, a national of Saorstát Eireann, and such business is at the time such thing is done in the beneficial ownership of an individual who is at that time a national of Saorstát Eireann; or

(b) such business is, at the time such thing is done, in the beneficial ownership of an individual who is at that time a qualified person; or

(c) such business was carried on continuously in Saorstát Eireann between the 2nd day of July, 1934, and the time at which such thing is done, and such business was on the 2nd day of July, 1934, owned by two or more individuals and more than half the capital invested on the 2nd day of July, 1934, in such business was beneficially owned by an individual who was or two or more individuals each of whom was on the 2nd day of July, 1934, a national of Saorstát Eireann, and such business is, at the time such thing is done, owned by two or more individuals and more than half the capital invested at that time in such business is beneficially owned by an individual who is or two or more individuals each of whom is at that time a national of Saorstát Eireann; or

(d) such business is at the time such thing is done, beneficially owned by two or more individuals each of whom is at that time a qualified person; or

(e) such business was carried on continuously in Saorstát Eireann between the 2nd day of July, 1934, and the date at which such thing is done, and such business was on the 2nd day of July, 1934, owned by a body corporate the issued shares of which were on the 2nd day of July, 1934, to an extent exceeding one-half (in nominal value) thereof in the beneficial ownership of a person who was or of two or more persons each of whom was on the 2nd day of July, 1934, either a national of Saorstát Eireann or a body corporate the issued shares of which were on the 2nd day of July, 1934, to an extent exceeding one-half (in nominal value) thereof in the beneficial ownership of persons who were on the 2nd day of July, 1934, nationals of Saorstát Eireann, and such business is, at the time such thing is done, owned by a body corporate the issued shares of which are at the time such thing is done to an extent exceeding one-half (in nominal value) in the beneficial ownership of a person who is or of two or more persons each of whom is at that time either a national of Saorstát Eireann or a body corporate the issued shares of which are at that time to an extent exceeding one half (in nominal value) thereof in the beneficial ownership of nationals of Saorstát Eireann;

or

(f) such business is, at the time such thing is done, owned by a body corporate (in this paragraph referred to as the owning body corporate) in respect of which all the following conditions are complied with, that is to say:—

(i) the issued shares of the owning body corporate are at that time to an extent exceeding one-half (in nominal value) thereof in the beneficial ownership of a person who is or two or more persons each of whom is at that time either a qualified person or a body corporate which is a body corporate (in this paragraph referred to as a qualified holding body corporate) in respect of which both the following conditions are complied with, that is to say:—

(I) the issued shares of such holding body corporate are at that time to an extent exceeding one-half (in nominal value) thereof in the beneficial ownership of persons who are at that time qualified persons, and

(II) at least two-thirds (in nominal value) of every class of shares carrying voting rights (whether immediate or to arise in certain future circumstances) and issued by such holding body corporate are at that time in the beneficial ownership of persons who are at that time qualified persons; and

(ii) at least two thirds (in nominal value) of every class of shares carrying voting rights (whether immediate or to arise in certain future circumstances) and issued by the owning body corporate are at that time in the beneficial ownership of a person who is or two or more persons each of whom is at that time either a qualified person or a body corporate which is a qualified holding body corporate; and

(iii) a majority of the directors (other than a managing director giving the whole of his time to his duties as such director) of the owning body corporate are nationals of Saorstát Eireann; or

(g) such business was carried on continuously in Saorstát Eireann between the 1st day of June, 1932, and the time at which such thing is done and such business is, at the time such thing is done, owned by the body corporate by which it was owned on the said 1st day of June, 1932, and the doing of such thing would, if it had been done on the said 1st day of June, 1932, or within one month immediately preceding that date have been in the ordinary course or formed part of such business or have been a reasonable extension of such business as then carried on in Saorstát Eireann;

or

(h) such business was carried on continuously in Saorstát Eireann between the 1st day of June, 1932, and the time at which such thing is done, and such business is, at the time such thing is done, beneficially owned by the individual or all, some, or one of the individuals by whom it was beneficially owned on the 1st day of June, 1932, and the doing of such thing would, if it had been done on the said 1st day of June, 1932, or within one month immediately preceding that date have been in the ordinary course or formed part of such business or have been a reasonable extension of such business as then carried on in Saorstát Eireann;

or

(i) such business was carried on continuously in Saorstát Eireann between the 1st day of June, 1932, and the time at which such thing is done, and such business is, at the time such thing is done, owned by a body corporate the issued shares of which are beneficially owned to an extent exceeding one half (in nominal value) by the individual or individuals by whom the business was beneficially owned on the 1st day of June, 1932, and the doing of such thing would, if it had been done on the said 1st day of June, 1932, or within one month immediately preceding that date, have been in the ordinary course or formed part of such business or have been a reasonable extension of such business as then carried on in Saorstát Eireann; or

(j) such person is the holder of a new manufacture licence granted (whether before or after the passing of this Act) under the Principal Act and such thing is done under such licence; or

(k) such business is carried on in direct succession to a deceased person who would, if such thing had been done immediately before his death, have been lawfully entitled, under the foregoing provisions of this sub-section, to do such thing in the course or as part of such business, and such thing is done in the course or as part of such business between the date of the death of such person and the grant of probate of his will or letters of administration of his personal estate or, is so done by the personal representative of such person while carrying on such business in due course of administration; or

(l) such thing is done in the course or as part of a business carried on by an assignee in bankruptcy, a trustee of an arranging debtor, or a receiver or manager appointed by a court in continuation of the business of a person who would, if such thing had been done immediately before such assignee, trustee, receiver, or manager commenced to carry on such business, have been lawfully entitled under the foregoing provisions of this sub-section to do such thing in the course or as part of such business.

(2) For the purposes of paragraphs (e) and (f) of sub-section (1) of this section but not further or otherwise, the following provisions shall have effect, that is to say:—

(a) where an individual who is either a national of Saorstát Eireann or a qualified person dies and is at the time of his death the beneficial owner of any shares in a body corporate, such shares shall, until the grant of probate of his will or letters of administration of his personal estate, be deemed to continue, in case such individual was a national of Saorstát Eireann, in the beneficial ownership of a national of Saorstát Eireann or, in case such individual was a qualified person, in the beneficial ownership of a qualified person, and upon the said grant being made the personal representative for the time being of such individual shall, so long as he is entitled to such shares in his representative capacity, be deemed to be the beneficial owner of such shares and, in case such individual was a national of Saorstát Eireann and such personal representative is not a national of Saorstát Eireann, to be a national of Saorstát Eireann or, in case such individual was a qualified person and such personal representative is not a qualified person, to be a qualified person; and

(b) where an individual who is either a national of Saorstát Eireann or a qualified person becomes a bankrupt or carries an arrangement with his creditors and such individual was at the time of his bankruptcy or arrangement the beneficial owner of any shares in a body corporate, and his interest in such shares becomes vested in his assignee in bankruptcy or a trustee of the estate of such individual as an arranging debtor, such shares shall be deemed so long as such interest remains so vested, to be in the beneficial ownership of such assignee or trustee, and such assignee or trustee shall, so long as such interest remains so vested, be deemed, in case such individual is a national of Saorstát Eireann and such assignee or trustee is not a national of Saorstát Eireann, to be a national of Saorstát Eireann or, in case such individual is a qualified person and such assignee or trustee is not a qualified person, to be a qualified person; and

(c) where a person is for the time being entitled to the income arising from any shares in a body corporate held by a trustee, such person shall, so long as he continues to be entitled to such income, be deemed to be the beneficial owner of such shares; and

(d) where two or more persons are each for the time being entitled to a proportionate part of the income arising from shares in a body corporate or from such shares and other property held by a trustee, each of such persons, so long as he continues to be entitled to a proportion of such income, shall be deemed to be the beneficial owner of a corresponding proportion of such shares; and

(e) where the issued shares of a body corporate are transferred to a bank, being a body corporate, by way of security for an advance and such bank is registered as the owner of such shares in the register of shareholders of such body corporate, such transfer and registration shall be deemed not to operate to transfer the ownership of such shares to such bank.

(3) Whenever the issued shares of a body corporate cease to be held in the manner stated in paragraph (e) of sub-section (1) of this section, such shares shall for the purposes of that paragraph be deemed to continue to be held in accordance with that paragraph for a period of six months after they cease to be in fact so held.

(4) Whenever the issued shares of a body corporate cease to be held in the manner stated in paragraph (f) of sub-section (1) of this section, such shares shall for the purposes of that paragraph be deemed to continue to be held in accordance with that paragraph for a period of six months after they cease to be in fact so held.

(5) Every person who does any act which is a contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and, in the case of a continuing offence, a further fine not exceeding fifty pounds for every day during which the offence is continued.

10 Evidence.

10.—(1) Where a body corporate which is not registered in Saorstát Eireann under the Companies Acts, 1908 to 1924, is charged with having committed an offence under the immediately preceding section, the onus of proving the matters or any of the matters mentioned in paragraphs (e), (f), (g), and (i) respectively of sub-section (1) of the said section shall lie upon the body corporate so charged, and until the contrary is proved it shall be presumed that none of those matters is applicable in relation to the act alleged to constitute such offence.

(2) In any proceedings against a body corporate which is not registered in Saorstát Eireann under the Companies Acts, 1908 to 1924, for an offence under the immediately preceding section, the production of a certificate, in the prescribed form and containing the prescribed particulars and verified in the prescribed manner under the hand of a person registered as the proprietor of shares in such body corporate, certifying—

(a) that he is the beneficial owner of such shares and is a national of Saorstát Eireann, or

(b) that he holds such shares on behalf of another person and that such other person is a national of Saorstát Eireann, or

(c) that he is the beneficial owner of such shares and is a qualified person, or

(d) that he holds such shares on behalf of another person and that such other person is a qualified person, shall be prima facie evidence of the facts so certified.

(3) If any person makes in a certificate under this section any statement which is false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

11 Revocation of new manufacture licence on failure to commence operations within a specified time.

11.—(1) Where—

(a) a new manufacture licence has been granted before the date of the passing of this Act, and

(b) the holder of such licence has not commenced to do all the things authorised by such licence,

the Minister may serve on such person a notice requiring such person, within such time as the Minister thinks fit and specifies in such notice, to commence to do all such things.

(2) Where a notice has been served on the holder of a new manufacture licence under the immediately preceding sub-section, the Minister may, notwithstanding anything contained in sub-section (3) of section 10 of the Principal Act, revoke such licence if it appears to him that the requirements of such notice have not been complied with.

(3) Every new manufacture licence granted after the date of the passing of this Act shall, in addition to any term or condition subject to which by virtue of paragraph (c) of sub-section (2) of section 6 of the Principal Act such licence is to be granted, be and be expressed to be granted subject to a stipulation that the holder of such licence shall commence to do within such time as the Minister thinks proper and specifies in such licence all the things authorised to be done under such licence.