LOCAL AUTHORITIES (COMBINED PURCHASING) ACT, 1939

AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE PURCHASE OF COMMODITIES BY LOCAL AUTHORITIES FROM CONTRACTORS APPOINTED OFFICIALLY, AND FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [5th July, 1939.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Short title and commencement.

1.—(1) This Act may be cited as the Local Authorities (Combined Purchasing) Act, 1939.

• (2) This Act shall come into operation on such day as shall be fixed for that purpose by an order made by the Minister.

2 Definitions.

2.—(1) In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “the Act of 1925” means the Local Authorities (Combined Purchasing) Act, 1925 (No. 20 of 1925);

the expression “official contractor” means a person appointed or deemed to have been appointed under this Act to be an official contractor for the purposes of this Act;

the expression “standard price” means, in relation to any commodity, the price which the official contractor concerned stated, in his application for appointment as official contractor in respect of such commodity, to be the price at which he was willing to supply such commodity as such official contractor.

• (2) Each of the following persons and bodies shall be a local authority for the purposes of this Act, that is to say:—

• (a) the council of a county, county borough, borough, or urban district, a board of guardians, the commissioners of a town, and a port sanitary authority, and

• (b) a person appointed by or under statute to perform the functions or any of the functions of any such body as is mentioned in the next preceding paragraph of this sub-section, and

• (c) a committee or joint committee or board or joint board (whether corporate or unincorporate) of or appointed by one or more of the bodies and persons mentioned in either of the preceding paragraphs of this sub-section, and

• (d) any council, committee, or other body which, immediately before the passing of this Act, was, by virtue of any Act other than the Act of 1925, a local authority for the purposes of the Act of 1925, and

• (e) any council, committee, or other body which is for the time being declared by an order made by the Minister under this Act to be a local authority within the meaning and for the purposes of this Act.

• (3) Any goods or articles which are required by a local authority for the purposes of the exercise or performance of any of its powers or duties shall be a commodity for the purposes of this Act, and the word “commodity” shall in this Act be construed accordingly.

3 Power of Minister to extend the application of this Act.

3.—(1) The Minister may by order declare that any particular council, committee or other body is and shall be a local authority within the meaning and for the purposes of this Act.

• (2) The Minister may at any time by order revoke or amend any order previously made by him under this section, including an order made under this sub-section.

4 Repeal of the Act of 1925.

4.—(1) The Act of 1925 is hereby repealed as on and from the commencement of this Act.

• (2) Every person who is, immediately before the commencement of this Act, an official contractor appointed under the Act of 1925 for the purposes of that Act shall, upon the commencement of this Act, become and be an official contractor for the purposes of this Act and shall be deemed to have been appointed to be such official contractor under this Act, but as of the date and for the commodity and period and upon the terms as of, for, and upon which he was appointed under the Act of 1925.

5 General duty of Minister in relation to supplies.

5.—It shall be the duty of the Minister to take all such steps as may be desirable to enable local authorities to obtain jointly from one or more suitable contractors such supplies of any commodity as may be required by them in the performance of their duties.

6 Appointment of official contractor.

6.—(1) The Minister may, from time to time, give public notice in such manner as he thinks proper that he will, within a specified time, receive applications from persons desiring to be appointed to be official contractor for the supply, during a period specified in such notice, of a commodity or of all or any of two or more commodities similarly specified, to local authorities.

• (2) Subject to the provisions of the next following sub-section of this section, every application, made in pursuance of public notice given by the Minister under this section, for appointment as official contractor shall be made in writing in the prescribed form and manner and shall contain the prescribed particulars, which shall include—

• (a) a statement of the price at which the applicant is willing to supply the commodity or commodities specified in such application during the period and to the local authorities stated in such notice,

• (b) a statement showing in the prescribed manner the quality which the applicant is willing to supply of such commodity or each of such commodities, and,

• (c) a statement that the applicant is willing to conform in respect of such commodity or commodities with the prescribed conditions of supply.

• (3) Whenever, owing to the nature of the commodity, the custom of the trade, or any other circumstances, it is not practicable for applications for appointment as official contractor in respect of a particular commodity to be made in conformity in all respects with the provisions of the next preceding sub-section of this section, the Minister may, by regulations made by him under this Act or by special authorisation given by him in each particular case, allow such applications to be made in such form as he shall think most suitable to the circumstances of the case and shall specify in such regulations or special authorisation.

• (4) Upon the expiration of the time limited by a public notice given by the Minister under this section, the Minister shall (subject to the provisions of this Act) consider every application made by any person in pursuance of such notice and received by the Minister within the said time, and the Minister may, if he so thinks fit, thereupon appoint any such person to be an official contractor to all local authorities or to such class of or to such particular local authorities as the Minister shall think proper for the supply of the commodity or commodities specified in the application of such person during the period stated in such notice.

• (5) Save as is otherwise provided by this Act, every application under this section for appointment as an official contractor shall be irrevocable and every applicant under this section for such appointment, shall, if he is appointed in accordance with his application, be bound to accept such appointment.

• (6) The Minister may require any person who has applied under this section for appointment as an official contractor to give to the Minister, by deposit, bond, surety, or otherwise as the Minister shall direct, security for the due performance by such person (if he is appointed as such official contractor) of the duties and obligations under such appointment, and the Minister may require such security to be given either before and as a condition precedent to consideration of such application or immediately before or after appointment as such official contractor and as a condition (precedent or subsequent, as the case may be) of such appointment.

• (7) The appointment under this section of a person to be an official contractor shall not constitute or imply any contract or agreement between the Minister and such person.

• (8) More than one official contractor may be appointed under this section in pursuance of any particular public notice given by the Minister under this section, and any person may be appointed under this section to be an official contractor in respect, of any commodity or commodities notwithstanding that he holds an appointment as official contractor in respect of any other commodity or commodities.

• (9) Every appointment under this section of an official contractor shall be notified by the Minister to the person so appointed and shall also be published by the Minister in such manner as he thinks proper.

7 Conditions as to place of manufacture and terms of employment.

7.—(1) The Minister may by order provide that every application for appointment as official contractor for the supply of a commodity specified in such order shall be accompanied by an undertaking by the applicant that, in the event of his appointment,—

• (a) such commodity when supplied by him in pursuance of such appointment shall be manufactured or produced in Ireland, and

• (b) if he manufactures or produces such commodity at any time during the period of his appointment, the wages paid and the conditions of employment observed by him in such manufacture or production shall be not less favourable to his employees than those required in the execution of contracts with a Minister of State.

• (2) Whenever an order has been made under this section in relation to applications for appointment as an official contractor, no application for appointment as such official contractor shall, so long as such order remains in force, be considered unless it is accompanied by the undertaking mentioned in such order.

• (3) If any official contractor fails to carry out an undertaking entered into by him in pursuance of an order under this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not, exceeding ten pounds.

• (4) The Minister shall exercise the powers conferred on him by this section in so far as it appears to him from time to time to be practicable so to do.

• (5) The Minister may by order at any time revoke an order made under the first sub-section of this section.

• (6) In this section the word “Ireland” does not include any area which is not within the area and extent of application of the laws enacted by the Oireachtas.

8 Inspection of manufacture or production of commodities.

8.—(1) The Minister may by order provide that every application for appointment as official contractor for the supply of a commodity specified in such order shall be accompanied by an undertaking by the applicant that, in the event of his appointment and of his manufacturing or producing such commodity at any time during the period of his appointment, he will permit such manufacture or production to be inspected by the Minister.

• (2) Whenever an order has been made under this section in relation to applications for appointment as an official contractor, no application for appointment as such official contractor shall, so long as such order remains in force, be considered unless it is accompanied by the undertaking mentioned in such order.

• (3) The Minister may by order at any time revoke an order made under the first sub-section of this section.

• (4) Whenever an official contractor has entered into an undertaking to permit the manufacture or production by him of a commodity to be supplied by him as such official contractor to be inspected by the Minister, the following provisions shall have effect, that is to say:—

• (a) an officer of the Minister may enter any premises in which the manufacture or production of such commodity, or any part or process of such manufacture or production, is carried on by such official contractor, and may so enter such premises at any time when such manufacture or production or such part or process thereof is being carried on, and may on such entry inspect and examine such premises and the plant and equipment thereof, and inspect and observe all or any of the processes of such manufacture or production carried on in such premises, and examine and observe the means employed and method used in testing such commodity in such premises;

• (b) an officer of the Minister making an inspection under the next preceding paragraph of this sub-section in any premises may take and carry away without payment samples of the commodity manufactured or produced wholly or partly in such premises and of any component or constituent of such commodity, and may take such samples at any stage in such manufacture or production;

• (c) an officer of the Minister who has entered any premises under this section may there inspect and examine all such books and records the examination and inspection of which appear to such officer to be reasonably necessary for the proper inspection of the manufacture or production of the commodity manufactured or produced wholly or partly in such premises, and may there make and take away copies of the whole or any part of any such documents;

• (d) such official contractor shall afford to any officer of the Minister entering under this section any premises of such contractor all reasonable facilities for the doing of all or any of the things which such officer is empowered by this sub-section to do in such premises, and in particular shall produce to such officer all books and records the production of which shall be demanded by such officer under the next preceding paragraph of this sub-section.

• (5) Every official contractor who shall wilfully obstruct or impede an officer of the Minister in the exercise, in or in relation to any premises of such contractor, of any of the powers conferred on an officer of the Minister by the next preceding sub-section of this section or who shall fail or refuse to do anything which such official contractor is required by the said sub-section to do shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with, in the case of a continuing offence, a further fine not exceeding two pounds for every day during which such offence is continued.

• (6) Every person (other than the official contractor whose premises are concerned) who shall wilfully obstruct or impede an officer of the Minister in the exercise of any of the powers conferred by this section on an officer of the Minister shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

• (7) In this section the expression “officer of the Minister” means an officer of the Minister authorised by the Minister to exercise the powers conferred by this section on an officer of the Minister, but the Minister may, if and whenever he so thinks proper, authorise and empower any person who is not an officer of the Minister (whether such person is or is not in the service of the Government) to exercise, in respect of any particular official contractor and either generally or on a particular occasion, the powers conferred by this section on an officer of the Minister, and whenever the Minister so authorises and empowers any such person such person shall, to the extent and for the purposes to and for which he is so authorised and empowered, be deemed to be an officer of the Minister within the meaning of this section.

9 Revocation of appointment of official contractor.

9.—(1) An official contractor may at any time apply to the Minister for the revocation of his appointment as such contractor, and thereupon the Minister may, if he is satisfied that such revocation will not occasion additional expense to the local authorities for the supply of commodities to whom such contractor was appointed to be an official contractor, revoke by order such appointment, but may, if he so thinks proper, postpone by such order the taking effect of such revocation to such subsequent date as may be necessary in his opinion to avoid the occasioning of such additional expense as aforesaid.

• (2) Whenever the Minister is satisfied that an official contractor has failed to carry out a contract deemed by virtue of this Act or by virtue of the Act of 1925 to have been entered into by him with a local authority, or has failed to observe and perform an undertaking entered into by him in pursuance of this Act or has failed to fulfil any other obligation imposed on him by this Act, the Minister may, subject to the provisions of this section, by order revoke the appointment of such official contractor.

• (3) Before revoking under the next preceding sub-section of this section the appointment of an official contractor, the Minister shall give to such official contractor one week's notice in writing of his intention to revoke such appointment and shall consider such (if any) representations as may be made to him by such official contractor in respect of such revocation before the expiration of such notice.

• (4) The following provisions shall have effect in respect of the revocation under this section of the appointment of an official contractor otherwise than on his own application, that is to say:—

• (a) such revocation shall take effect as on and from such date (not being prior to the date of the order effecting such revocation) as shall be stated in that behalf in such order;

• (b) where the official contractor to whom such revocation relates was an official contractor by virtue of two or more appointments in respect of different commodities, such revocation shall relate to the appointment as official contractor in respect of which the failure occasioning such revocation took place, but may, if the Minister so thinks proper and so states in the order effecting such revocation, extend to all such appointments or to such and so many of such appointments as the Minister shall think proper and shall specify in such order;

• (c) no such revocation shall prejudice or affect any contract deemed by virtue of this Act or by virtue of the Act of 1925 to have been entered into between the official contractor to whom such revocation relates and a local authority before the day on which such revocation takes effect, or release such official contractor or such local authority from their respective obligations under such contract.

• (5) Whenever the appointment of an official contractor is revoked under this section, such official contractor shall, on the day on which such revocation takes effect, cease to be an official contractor by virtue of the appointment so revoked, but such revocation shall not terminate or affect any other appointment of such official contractor to be an official contractor unless such revocation is extended thereto by the order effecting such revocation.

10 Purchases by local authorities from official contractors.

10.—(1) Any local authority requiring for the performance of their duties a supply of any commodity, for which an official contractor has been appointed in respect of such local authority, may send in the prescribed form and manner to an official contractor for that commodity in respect of such local authority an order for the quantity of such commodity so required by them, and thereupon such local authority and such official contractor shall be deemed to have entered into an enforceable contract to take and supply respectively the quantity so notified of such commodity at the standard price and of the quality which such official contractor stated in his application for appointment that he was willing to supply and in accordance with the prescribed conditions of supply for such commodity.

• (2) Notwithstanding the provisions of any enactment requiring a local authority to issue advertisements take tenders, enter into contracts, or carry out any other preliminary procedure before obtaining a supply of any commodity, a local authority may obtain, under and in accordance with the foregoing sub-section of this section, a supply of such commodity from an official contractor for such commodity in respect of such local authority without issuing such advertisements, taking such tenders, entering into such contracts (other than such contract as is mentioned in the foregoing sub-section of this section), or carrying out such preliminary procedure.

• (3) Section 10 of the Finance Act, 1901, (as amended or extended by subsequent enactments) and every other enactment now in force or hereafter enacted whereby contracts are or may be varied in consequence of legislation which comes into force after the making thereof shall apply to every contract which is deemed by this section to have been entered into by a local authority and an official contractor as if such contract had been entered into on the date on which such official contractor applied or last applied to be appointed official contractor to such local authority in respect of the commodity to which such contract relates.

11 Substitute commodities.

11.—(1) Whenever the Minister has appointed or proposes to appoint an official contractor for the supply of a particular commodity (in this section referred to as the original commodity) to one or more local authorities, the Minister may, if he so thinks fit, declare by order that another specified commodity (in this section referred to as the substitute commodity) is a substitute for the original commodity.

• (2) Whenever the Minister makes any such order as is authorised by the foregoing sub-section of this section the following provisions shall have effect so long as such order is in force, that is to say:—

• (a) every purchase by a local authority of the substitute commodity specified in such order shall be deemed, for the purposes of this Act, to be a purchase of the original commodity to which such order relates;

• (b) a person who intends to supply such substitute commodity may apply for appointment, and may be appointed, as official contractor for the supply of such original commodity;

• (c) whenever a local authority orders under this Act a quantity of such original commodity from an official contractor appointed for the supply of such original commodity, it shall be lawful for such official contractor (subject to compliance with the provisions of this Act and the orders, regulations and special directions made thereunder applicable to such original commodity and the supply thereof) to supply a similar quantity of such substitute commodity to such local authority in lieu of such original commodity;

• (d) whenever an official contractor supplies, under the next preceding paragraph of this sub-section, to a local authority a quantity of such substitute commodity in lieu of a similar quantity of such original commodity, such supply shall be deemed to be a compliance by such official contractor with the contract between such local authority and such official contractor arising under this Act by virtue of the order by such local authority for the said quantity of such original commodity.

• (3) The Minister may by order at any time revoke or amend an order made under the first sub-section of this section.

12 Estimates by local authorities of their requirements.

12.—(1) The Minister may at any time require any local authority to submit to him, in the prescribed form and manner and within a specified time, an estimate of the total quantity of a specified commodity which such local authority will require during a specified period for the purposes of their powers and duties.

• (2) Whenever the Minister requires under this section a local authority to furnish to him such estimate as is mentioned in the next preceding sub-section of this section, the following provisions shall have effect, that is to say:—

• (a) the prescribed officer of such local authority shall prepare such estimate as is so required by the Minister and shall submit such estimate to such local authority within such time as will enable such local authority to comply with the subsequent provisions of this sub-section;

• (b) such local authority shall consider the said estimate so submitted to them by such prescribed officer and shall approve of such estimate either (as they shall think proper) without alteration or with such alterations as they shall think proper;

• (c) such local authority shall submit such estimate as so approved of by them to the Minister within the time limited in that behalf by the said requisition of the Minister.

• (3) Whenever, after the submission under this section of an estimate by a local authority to the Minister in pursuance of a requisition made by the Minister under this section, the Minister appoints under this Act one official contractor for the supply to such local authority (whether alone or together with other local authorities) of the commodity to which such estimate relates during a period which coincides with or includes the period to which such estimate relates, and such appointment, in so far as it relates to the supply of such commodity to such local authority, is specifically made by the Minister and applied for by such official contractor on the basis of such estimate, the following provisions shall apply and have effect, that is to say:—

• (a) the Minister shall forthwith inform such local authority that such appointment was made and applied for on the said basis and that this sub-section and the next following sub-section of this section apply accordingly;

• (b) it shall be the duty of such local authority to order and take from such official contractor, under and in accordance with this Act, during the said period to which such estimate relates the quantity (in this section referred to as the estimated quantity) of such commodity stated in such estimate as the quantity thereof which would be required by such local authority during the said period.

• (4) Whenever, by virtue of the next preceding sub-section of this section, it is the duty of a local authority to order and take from a particular official contractor the estimated quantity of a commodity during a particular period, then and in such case—

• (a) if such local authority fails to order and take from such official contractor during the said period the estimated quantity of such commodity, it shall be lawful for such official contractor within the prescribed time after the expiration of the said period to deliver to such local authority so much of such commodity as will, with the amount (if any) thereof taken by such local authority during the said period, make up the estimated quantity of such commodity, and the amount of such commodity so delivered shall be deemed for all purposes to have been ordered by such local authority under this Act, and

• (b) if such local authority orders and takes from such official contractor during the said period a supply of such commodity exceeding the estimated quantity thereof, such official contractor shall (notwithstanding anything to the contrary contained in this Act) be entitled to charge and to be paid by such local authority, for so much of such commodity so ordered and taken as exceeds the estimated quantity of such commodity, a price exceeding the standard price by the prescribed percentage.

• (5) Where a local authority fails to submit to the Minister an estimate in accordance with a requisition in that behalf made by the Minister under this section to such local authority, and the Minister appoints under this Act one official contractor for the supply to such local authority of the commodity to which such requisition related during a period which coincides with or includes the period to which such requisition related, such official contractor shall (notwithstanding anything to the contrary contained in this Act) be entitled to charge and to be paid by such local authority for all supplies of such commodity ordered and taken from him by such local authority during the said period to which such requisition related a price exceeding the standard price by the prescribed percentage.

13 Prohibition of dealings with persons who are not official contractors.

13.—(1) Whenever one or more official contractors has or have been appointed for the supply of a particular commodity during a particular period to all or any class of local authorities or to any particular local authorities, no such local authority shall (save as is otherwise provided by this Act) order or take and no member or officer of any such local authority shall (save as aforesaid) order on behalf of such local authority during such period any quantity of such commodity or of a commodity which is for the time being declared by an order made by the Minister under this Act to be a substitute for such commodity from any person other than such official contractor or one of such official contractors, as the case may be.

• (2) Whenever a local authority orders and takes from any person a supply of any commodity in such circumstances that such ordering and taking is a contravention of the foregoing sub-section of this section, the following provisions shall have effect, that is to say:—

• (a) every payment made by such local authority to such person for any quantity of such commodity so ordered and taken shall be an illegal payment and may be dealt with accordingly by the auditor of the accounts of such local authority unless it is shown that such payment could have been lawfully recovered by process of law from such local authority by such person;

• (b) the Minister may, if he so thinks fit, serve by post on such local authority and on such person notice that the ordering and taking of any quantity of such commodity by such local authority from such person is a contravention of sub-section (1) of this section;

• (c) such person shall not be entitled to recover from such local authority any money for or on account of any of such commodity so ordered and taken from him if such local authority shows that when such person supplied such commodity to such local authority he had notice and knew that such ordering and taking was a contravention of sub-section (1) of this section;

• (d) if a person from whom any quantity of a commodity is ordered and taken by a local authority in contravention of sub-section (1) of this section shows that at the time he supplied any particular quantity of such commodity to such local authority in pursuance of such order he had not notice and did not know that such ordering and taking was such contravention as aforesaid, he shall be entitled to be paid by and to recover from such local authority the agreed price and other moneys payable for the said particular quantity of such commodity.

• (3) If any member or officer of a local authority wilfully orders on behalf of such local authority from any person any quantity of any commodity in such circumstances that such ordering is a contravention of sub-section (1) of this section such member or officer shall be guilty of an offence under this section and shall (without prejudice to his liability to surcharge or charge at an audit of the accounts of such local authority) be liable on summary conviction thereof to a fine not exceeding twenty pounds.

14 Exemptions from obligation to purchase from official contractors.

14.—(1) The Minister may, if and whenever he so thinks proper, by order make regulations conferring on local authorities power in specified circumstances to purchase a supply of any specified commodity or commodities or of any commodity whatsoever from a person who is not the official contractor to such local authority for the commodity of which a supply is so purchased, and the Minister may by such regulations impose such restrictions and conditions as he shall think proper in respect of the exercise by local authorities of the power so conferred.

• (2) Notwithstanding anything contained in this Act, no purchase made by a local authority under and in accordance with regulations made under this section shall be a contravention of any section of this Act merely by reason of such purchase being made from a person who is not the official contractor to such local authority for the commodity which is the subject of such purchase.

15 Testing commodities supplied by official contractors.

15.—(1) The Minister may make arrangements whereby the quality or nature of any commodity supplied to a local authority by an official contractor may, on the application and at the cost of such local authority, be tested or ascertained by analysis or otherwise and for that purpose the Minister may by regulations made by order under this section do all or any of the following things, that is to say:—

• (a) provide for the making of periodical or other tests of samples of commodities supplied to local authorities by official contractors;

• (b) prescribe the persons by whom and the means by and manner in which such tests of samples of particular commodities are to be made;

• (c) regulate the procedure generally in relation to such tests, including applications for any such test and the communication to persons concerned of the result of any such test;

• (d) prescribe the certificate or other evidence to be given of the result of any such test, and the persons by whom such certificate or other evidence is to be given, and the persons to whom such certificate or other evidence is to be furnished;

• (e) provide that any such certificate or other evidence as is mentioned in the next preceding paragraph of this sub-section given in respect of any test shall, as respects the samples which were the subject of such test, be conclusive evidence for all purposes of the result of such test.

• (2) Whenever regulations made under this section provide that any particular certificate or other evidence shall be conclusive evidence for all purposes of the result of a test made under such regulations, such certificate or other evidence shall, as respects the samples which were the subject of such test, be accepted by all courts of justice as conclusive evidence of the result of such test and shall also be accepted by all courts of justice as evidence until the contrary is proved, that such test was carried out under and in accordance with such regulations.

• (3) In this section the word “test” includes every method of testing, investigating, or ascertaining any matter or thing which is the subject of a test under regulations made under this section, and cognate words shall be construed accordingly.

16 The Local Supplies Advisory Committee.

16.—(1) The Local Supplies Advisory Committee (in this section referred to as the committee) established in pursuance of section 9 of the Act of 1925 for the purpose of advising and assisting the Minister in the performance of his duties under that Act shall, notwithstanding the repeal of the said Act by this Act, be continued and maintained under this Act for the purpose of advising and assisting the Minister in the performance of his duties under this Act.

• (2) Every person who was a member of the committee immediately before the passing of this Act shall continue to be such member after such passing and shall, for the purposes of the subsequent provisions of this section, be deemed to have been appointed to be such member under this Act but on the day and for the period on and for which he was actually appointed under section 9 of the Act of 1925.

• (3) Subject to the provisions of the next preceding sub-section of this section, the committee shall consist of six persons to be appointed by the Minister from time to time as occasion requires, of whom—

• (a) two persons shall, at the time of their appointment, be elected members of county councils, and

• (b) two persons shall, at the time of their appointment, be elected members of councils of county boroughs, boroughs, or urban districts or commissioners of towns, and

• (c) one person shall be representative of employers engaged in industry or commerce, and

• (d) one person shall be representative of trade unions.

• (4) The Minister shall, before appointing a member of the committee, consult with any association for the time being representative of county or county borough councils, urban district councils, town commissioners or of industry or commerce or of trade unions, as the case may require.

• (5) The several members of the committee shall, unless they previously die or resign, respectively retain their membership for such period from their appointment as the Minister shall prescribe, but shall, if otherwise qualified, be eligible for reappointment.

• (6) Three members of the committee shall be a quorum, and the members of the committee shall at every meeting elect from amongst their number the chairman for that meeting and such chairman shall have a second or casting vote.

• (7) The committee shall have a secretary who shall be nominated by the Minister.

• (8) The committee shall meet whenever summoned by the Minister.

• (9) The committee shall consider and advise the Minister on all matters which shall be referred to it by the Minister, and the committee may also at its discretion consider and if it thinks fit report to the Minister on any other matter relating to or affecting the supply of commodities to local authorities under this Act.

• (10) Payments may be made by the Minister to members of the committee, to such extent as may be sanctioned by the Minister for Finance, in respect of repayment of travelling expenses and payment of subsistence allowance.

17 Expenses.

17.—(1) All expenses incurred by the Minister or any other Minister in carrying this Act into effect shall to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

• (2) As soon as may be after the end of every local financial year the Minister shall by order certify the sum which, during such local financial year, was expended out of moneys provided under sub-section (1) of this section in carrying this Act into effect, and shall assess that sum on the several counties and county boroughs in proportion to the annual value under the Valuation Acts of the property rateable for poor rate in such counties and county boroughs respectively, and shall send copies of such order to the council of every such county and county borough.

• (3) The council of every county and county borough shall pay the amount assessed by such order on such county or county borough to the Minister and shall raise the amount so to be paid, in the case of a county by means of the poor rate as a county-at-large charge and, in the case of the county boroughs of Dublin and Limerick, by means of the municipal rate, and in the case of the county boroughs of Cork and Waterford, by means of the poor rate.

• (4) Where any money is payable to the Minister under this section by a council, such money may, in default of payment by such council, be deducted from any money payable to such council by any Minister for any purpose whatsoever, but such deduction shall, in the case of money payable out of the Local Taxation (Ireland) Account, be made subject to and without prejudice to the claims of the guarantee fund under the Land Purchase Acts.

• (5) The expenses of the Minister shall, for the purposes of this section, be deemed to include such charges in respect of superannuation and other allowances and gratuities payable on death or retirement as the Minister shall, with the concurrence of the Minister for Finance, determine to be proper.

• (6) All expenses incurred by the Minister or any other Minister in carrying into effect the Act of 1925 during the local financial year in which this Act comes into operation shall be deemed, for the purposes of this section, to have been incurred in carrying this Act into effect.

• (7) All moneys paid to the Minister by the council of a county or a county borough in pursuance of this section shall be paid into or disposed of for the benefit of the Exchequer by the Minister in such manner as the Minister for Finance shall direct.

18 Powers of inspectors.

18.—(1) Any officer of the Minister appointed or authorised by him to be an inspector for the purposes of this Act may do all or any of the following things, that is to say:—

• (a) enter at all reasonable times any home, hospital, mental hospital, or other institution vested in and managed by a local authority and there inspect and examine any commodities purchased for such institution, and list or take stock of the quantity of any such commodity then in such institution;

• (b) attend any meeting of the council, board, or committee charged with the management of any such institution as aforesaid at which the purchase of any commodity for such institution or any matter arising on or in relation to any such purchase is to be considered and take part in the proceedings (other than voting) at such meeting.

• (2) Every person who obstructs or interferes with an officer of the Minister appointed or authorised to be an inspector for the purposes of this Act in the exercise of any power vested in him by virtue 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 five pounds.

19 Regulations.

19.—(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:—

• (a) appointing the procedure to be adopted by local authorities in carrying this Act into effect;

• (b) prescribing the method of fixing or determining (including fixing by reference to samples) the standard of quality for any commodity for which the Minister has appointed or intends to appoint an official contractor;

• (c) authorising the provision by the Minister of official samples of any commodity for which he proposes to appoint an official contractor and providing for the deposit of such official samples for public inspection;

• (d) prescribing any matter or thing which is referred to in this Act as prescribed or as being or to be prescribed.

• (2) The Minister may by special direction prescribe that any regulations made under this section shall not apply in relation to a specified commodity or shall apply in relation to a specified commodity with specified modifications, or that a provision not applying in relation to a specified commodity by virtue of any regulation made under this section shall apply in relation to that commodity.

• (3) Where a special direction in respect of any commodity has been given under this section, any person, who before such direction was given applied to be appointed as official contractor for the supply of that commodity and who has not been appointed in pursuance of the said application, may withdraw the said application at any time before he is so appointed.

• (4) A special direction given under this section in respect of any commodity shall not apply in relation to any official con tractor for the supply of that commodity who was appointed to be such official contractor before such direction was given so long as he continues to be such official contractor by virtue of such appointment.

• (5) The Minister may at any time by special direction amend or revoke a special direction previously given under this section, including a special direction given under this sub-section.

• (6) In this Act the word “prescribed” means, according as may be appropriate, prescribed by regulations made under this section or by a special direction given under this section or by the joint operation of regulations so made and a special direction so given.

20 Laying of regulations before the Oireachtas.

20.—Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to anything previously done under such regulation.

21 Appointment of officers by the Minister.

21.—The Minister may, with the consent of the Minister for Finance, appoint such and so many officers as he shall think necessary to assist him in the performance of his duties under this Act, and all such officers shall hold office on such terms and be remunerated at such rates and in such manner as the Minister for Finance shall sanction.

22 Prosecutions.

22.—A prosecution for an offence under any section of this Act may be brought at the suit of the Minister.