Turf (Use and Development) Act , 1936

1 Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “the Board” means the Turf Development Board, Limited;

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

the word “inspector” means an officer of the Minister appointed (either generally or for a particular purpose) in writing by the Minister to be an inspector for the purpose or any particular purpose of this Act;

the word “turf” includes peat, and also includes briquettes made wholly or mainly of peat, but does not include peat moss litter;

the word “coal” means coal mined outside Saorstát Eireann and includes briquettes made wholly or mainly of such coal or the dust of such coal, but does not include coke;

the expression “coal retailer” means a person who carries on the business of selling coal by retail;

the word “register” when used as a noun and without qualification means a register of coal retailers kept by the Minister in pursuance of this Act;

the expression “registered coal retailer” means a coal retailer who is registered in a register of coal retailers kept by the Minister in pursuance of this Act, and the said expression when used in relation to an appointed area means a coal retailer registered in the register of coal retailers so kept in respect of such appointed area;

the word “delivery” wherever it occurs in the expression “sale and delivery” includes delivery at the premises of the coal retailer in relation to whom that expression is used;

the expression “consumption for domestic or household purposes” means consumption by burning for all or any of the following purposes, that is to say:—

(a) heating the whole or any part of any building or other place which is used as a dwelling-house for human beings, or as a stable for any kind of animal, or as a place in which human beings do any kind of work or to which human beings resort for any purpose, or

(b) the cooking of food, whether for human beings or animals, or

(c) the heating of water for any purpose other than the generation of steam in a steam engine.

2 Approved sources for the purposes of this Act.

2.—(1) Every of the following persons shall, for the purposes of this Act, be an approved source for the obtaining of turf by coal retailers, that is to say:—

(a) the Board;

(b) a co-operative society which is for the time being authorised by the Board to supply turf to coal retailers for the purposes of the provisions of this Act relating to the compulsory purchase of turf, but only to the extent and within the limits of such authority;

(c) in relation only to turf briquettes, a limited company for the time being approved of in this behalf by the Minister.

(2) In this Act, the expression “approved source” means a person who is, by virtue of this section, for the time being an approved source for the purposes of this Act.

3 Place of business of a coal retailer.

3.—(1) A coal retailer shall be deemed for the purpose of this Act to carry on his business as a coal retailer at any fixed place at which he habitually receives orders or makes contracts for the sale and delivery (whether immediately or at some future time) of coal by retail, but a coal retailer shall not be deemed for the purpose of this Act to carry on his said business at any other place which he uses for the purposes of his said business.

(2) A coal retailer who sells coal only by hawking in public thoroughfares and has no fixed place at which he habitually sells coal shall be deemed for the purposes of this Act to carry on his business as a coal retailer at the place at which he resides.

4 Appointed areas.

4.—(1) The Minister may whenever and so often as he so thinks proper, by order (in this Act referred to as an appointed area order) declare that a particular area specified or delimited in such order shall, as on and from a date (not less than one month after the date of such order) specified in such order, be an appointed area for the purposes of this Act.

(2) The Minister may at any time at his discretion by order revoke or amend an appointed area order and, in particular, may by any such amending order alter (whether by addition or subtraction or both addition and subtraction) as on and from a specified day, not less than one month after the date of such amending order, the area which is an appointed area by virtue of an appointed area order.

(3) In this Act the expression “appointed area” means an area which is for the time being an appointed area by virtue of an appointed area order.

5 Suspension of appointed area order.

5.—(1) The Minister may, whenever and so often as he thinks proper, by order (in this Act referred to as a suspension order) suspend, as on and from a date (not earlier than the date of such order) specified in such order, any appointed area order.

(2) Whenever the Minister has made a suspension order, he may at his discretion by order (in this section referred to as a termination order) terminate, as on and from a date (not earlier than the date of such termination order), specified in such termination order, the suspension effected by such suspension order of the appointed area order to which such suspension order relates.

(3) Whenever the Minister has made a suspension order, the appointed area order to which such suspension order relates shall be suspended as on and from the date specified in that behalf in such suspension order and shall continue to be so suspended until the date as on and from which such suspension is terminated by a termination order.

(4) Whenever an appointed area order is suspended under this section, the appointed area to which such order relates shall, immediately upon the commencement of such suspension, cease to be an appointed area for the purposes of this Act, but shall, on the date as on and from which such suspension order is terminated, become and again be an appointed area for the said purposes.

(5) Whenever an appointed area order is suspended under this section, the Minister shall, during such suspension, maintain and keep in accordance with this Act the register of coal retailers established in pursuance of this Act in respect of the appointed area to which such order relates, but nothing in this sub-section shall render it obligatory upon any person to be registered in such register during such suspension.

6 Provisions consequential on cesser to be an appointed area.

6.—Whenever an appointed area or a part of an appointed area ceases, by virtue of an order under this Act revoking or amending an appointed area order or by virtue of a suspension order, to be an appointed area or to be included in an appointed area (as the case may be), the following provisions shall have effect, that is to say:—

(a) such cesser shall not affect—

(i) the previous operation of this Act in such appointed area or part of an appointed area (as the case may be) or anything done or suffered under this Act in such area or part; or

(ii) any right, privilege, obligation, or liability acquired, accrued, or incurred under this Act in such appointed area or part of an appointed area (as the case may be); or

(iii) any penalty, forfeiture, or punishment incurred under this Act; or

(iv) any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, penalty, forfeiture, or punishment as aforesaid; and

(b) any offence under any section of this Act committed before such cesser may be investigated, prosecuted, tried, and punished after and not withstanding such cesser as if such cesser had not occurred.

7 Registers of coal retailers.

7.—(1) Whenever the Minister makes an appointed area order, he shall forthwith establish and thereafter maintain and keep a register of persons who carry on business as coal retailers in the area which is declared by such order to be an appointed area.

(2) In every register maintained in pursuance of this section there shall be entered, in respect of every person registered in such register, the following particulars, that is to say:—

(a) the full name and description of such person; and

(b) a description (sufficient to identify the premises and the situation and limits thereof) of the premises or every of the separate and distinct premises (as the case may be) in which such person carries on, in the appointed area to which such register relates, the business of selling coal by retail.

8 Applications for and right to registration in a register.

8.—(1) Save as is otherwise provided by this section, every person who carries on or proposes to carry on in an appointed area the business of selling coal by retail shall be entitled, on applying in the prescribed form and manner and paying the prescribed fee, to be registered in the register in respect of the premises in such appointed area in which he carries on or proposes to carry on such business.

(2) Where an application for registration in a register is made by a person who proposes to carry on business as a coal retailer in the appointed area to which such register relates, the registration of such person in pursuance of such application shall not become effective until such person commences to carry on such business.

(3) An application for registration in a register may be made at any time after the date of the relevant appointed area order, whether before or after the day on which the declaration of an appointed area made by such order takes effect, and accordingly the expression “appointed area” in the foregoing sub-sections of this section includes an area which has been declared by an appointed area order to be an appointed area as on and from a future date.

(4) Notwithstanding anything contained in the foregoing sub-sections of this section, the Minister may, in his absolute discretion, refuse an application by any person for registration in a register if such person has, previous to such application, been registered in that or any other register and such previous registration has been cancelled.

9 Amendment of registers.

9.—(1) The Minister may, at any time, on his own motion amend a register by correcting any manifest error therein.

(2) The Minister shall, on the application of any person registered in a register, amend such register by correcting any error in the description in such register of such person or of the premises or any of the premises in respect of which he is so registered or by entering in such register a change in the ownership of the business in respect of which such person is so registered or a change (whether by addition, reduction, or complete transfer) in the premises or any of the premises in which such business is carried on.

(3) Where a person registered in a register has died, the Minister shall, on the application of the personal representative of such person, amend such register by entering therein the fact of such death and entering therein such personal representative as the registered person in lieu of the person so deceased.

10 Cancellation of registration.

10.—(1) The Minister may at any time cancel the registration of any person in a register upon the application in writing of such person, or, in the case of an individual, of his personal representative or, in the case of a body corporate, the liquidator of such body corporate.

(2) The Minister may at any time, without any such application as aforesaid, cancel the registration of any person in a register if he is satisfied that—

(a) such registration was procured through fraud or by misrepresentation (whether innocent or fraudulent); or

(b) the business on account of which such person was so registered has ceased to be carried on; or

(c) such person, if an individual, has died, or if a body corporate, has been dissolved, and, in either case, no other person has, within three months after such death or dissolution, been registered in the place of the person so dead or dissolved; or

(d) that such person has been adjudicated a bankrupt; or

(e) that such person has been convicted of a contravention (whether by way of commission or omission) of this Act or a regulation made thereunder.

(3) Before cancelling under this section (otherwise than in accordance with an application in that behalf made under this section) the registration of any person in a register, the Minister shall give at least one month's notice in writing to such person or his personal representative (if any) or its liquidator (as the case may be) of his intention so to cancel such registration and the reasons therefor, and shall consider any representations made by such registered person or personal representative or liquidator (as the case may be) within seven days after the service of such notice.

(4) A notice of the Minister's intention to cancel a registration may be served by delivering it to the person to whom it is addressed or by sending it by post to such person at his last known place of abode or at the last known place at which he carried on the business in respect of which it is proposed to cancel the registration.

11 Issue and display of registration certificates.

11.—(1) Whenever the Minister has registered a person in a register, the Minister shall forthwith issue to such person a certificate in the prescribed form of such registration, and, if such person is so registered in respect of two or more distinct premises, shall so issue to such person a separate such certificate in respect of each such distinct premises.

(2) Every person to whom a certificate of registration is issued by the Minister under this section shall cause such certificate to be displayed prominently during business hours in the premises to which such certificate relates.

(3) Every coal retailer who fails to comply with the provisions of the next preceding subsection 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 ten pounds.

12 Prohibition of coal retailing by unregistered persons.

12.—(1) It shall not be lawful for any person to carry on in an appointed area, the business of selling coal by retail unless he is registered in the register kept in pursuance of this Act in respect of that appointed area.

(2) It shall not be lawful for any person to carry on, in an appointed area, the business of selling coal by retail at any premises or place in such appointed area other than premises in respect of which he is registered in the register kept in pursuance of this Act in respect of that appointed area.

(3) Every person who carries on the business of selling coal by retail in 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 fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months, or to both such fine and such imprisonment.

13 Prohibition of purchase of coal from unregistered coal retailer.

13.—(1) It shall not be lawful for any person to purchase in an appointed area any coal from a coal retailer who carries on, in that appointed area, the business of selling coal by retail unless such coal retailer is registered in the register kept in pursuance of this Act in respect of that appointed area.

(2) Every person who purchases any coal in 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 pound for every ton or part of a ton of coal so purchased.

14 Compulsory purchase of turf.

14.—(1) Whenever a coal retailer sells and delivers (whether in or not in an appointed area) to a purchaser who is not entitled to the benefit of an exemption under this Act in respect of such sale and delivery more than two hundredweights of coal for consumption for domestic or household purposes in an appointed area, such coal retailer shall, at the time of such sale and delivery, also sell and deliver to such purchaser and such purchaser shall at the said time purchase and take from such coal retailer the prescribed quantity of turf (obtained from an approved source) appropriate both to the quantity of coal so sold and delivered and to the appointed area for consumption in which such coal is so sold and delivered.

(2) Whenever, on a sale and delivery of coal by a coal retailer to a purchaser, such coal retailer fails to sell and deliver to such purchaser at the time of such sale and delivery of coal the quantity of turf (obtained from an approved source) mentioned in the foregoing sub-section of this section and such failure is a contravention of the said foregoing sub-section, such coal retailer shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding one pound for every ton or part of a ton of coal so sold and delivered.

(3) Whenever, on a sale and delivery of coal by a coal retailer to a purchaser, such purchaser fails to purchase and take from such coal retailer at the time of such sale and delivery of coal the quantity of turf mentioned in the first sub-section of this section and such failure is a contravention of the said first sub-section, such purchaser shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding one pound for every ton or part of a ton of coal so sold and delivered.

(4) This section is in this Act referred to as the provisions of this Act relating to the compulsory purchase of turf, and this section may be referred to in a similar manner in any order, regulation, exemption, or other instrument made under this Act.

15 Regulations prescribing the prescribed quantity of turf.

15.—Whenever the Minister by regulations made under this Act prescribes the quantity of turf to be sold and delivered by a coal retailer to a purchaser and purchased and taken by such purchaser from such coal retailer in pursuance of the provisions of this Act relating to the compulsory purchase of turf, the Minister may make separate and different such regulations in respect of different appointed areas, and may by any such regulations prescribe different quantities of turf in respect of different appointed areas or different parts of the same appointed area, and may by any such regulations fix any such quantity of turf by reference to all or any of the following matters, that is to say, the period of the year at which such coal is so sold, the quantity of coal included in any one sale, the price at which such coal is so sold, and the place of delivery of such coal.

16 Obligation to supply turf obtained from an approved source.