AGRICULTURAL PRODUCE (CEREALS) ACT, 1939

AN ACT TO AMEND THE AGRICULTURAL PRODUCE (CEREALS) ACTS, 1933 TO 1938, TO EMPOWER THE MINISTER' FOR AGRICULTURE TO SUSPEND THE OPERATION OF CERTAIN PROVISIONS OF THE SAID ACTS, AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORE-SAID. [26th July, 1939.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—(1) In this Act—

the expression “the Minister” means the Minister for Agriculture;

the expression “the Principal Act” means the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933);

the expression “the Act of 1934” means the Agricultural Produce (Cereals) Act, 1934 (No. 41 of 1934);

the expression “the Act of 1936” means the Agricultural Produce (Cereals) Act, 1936 (No. 30 of 1936);

the expression “the Act of 1938” means the Agricultural Produce (Cereals) Act, 1938 (No. 16 of 1938);

the expression “the Acts” means the Agricultural Produce (Cereals) Acts, 1933 to 1938.

• (2) This Act shall be read and construed as one with the Acts, and accordingly every word and expression, to which a particular meaning or interpretation is given by the Acts shall, if occurring in this Act, have herein the meaning or interpretation given to it by the Acts.

2 Amendment of section 8 of the Principal Act.

2.—Section 8 (which defines the expression “compound feeding stuff”) of the Principal Act is hereby repealed and in lieu thereof it is hereby enacted that the expression “compound feeding stuff” where it occurs in the Acts shall mean any article which—

• (a) is an article intended for consumption by horses, mules, jennets, asses, cattle, sheep, swine, goats or poultry, and

• (b) is not a maize meal mixture, and

• (c) is a mixture of two or more articles, at least one of which is a feeding stuff.

3 Suspension of operation of sub-sections (2) and (3) of section 62 of the Principal Act and Part IV of the Act of 1936.

3.—(1) At any time while the suspendable provisions are, whether by virtue of an order made under the next following sub-section or otherwise, in force, the Minister may by order (in this section referred to as a suspending order) declare that the suspendable provisions shall cease to be in force as on and from such date as the Minister thinks fit and specifies in such order.

• (2) At any time while the suspendable provisions are, by virtue of a suspending order, not in force, the Minister may, by order (in this section referred to as a reviving order), declare that the suspendable provisions shall again come into force as on and from such date (not being earlier than one month after the date on which such order is made) as the Minister thinks fit and specifies in such order.

• (3) Whenever and so often as the Minister makes a suspending order, the following provisions shall have effect, that is to say:—

• (a) subject to the operation of a reviving order, the suspendable provisions shall cease to be in force as on and from the date specified in that behalf in such suspending order;

• (b) sub-sections (1) and (2) of section 21 of the Interpretation Act, 1937 (No. 38 of 1937), shall apply to and have effect in relation to such cesser as if such cesser were a repeal by an Act of the Oireachtas passed on the day on which such cesser takes effect and the suspendable provisions were repealed by such Act of the Oireachtas as on and from that day;

• (c) all entries in the register of maize millers immediately before such cesser shall upon such cesser be deleted therefrom;

• (d) no entry shall be made in the register of maize millers unless and until the Minister next makes a reviving order.

• (4) Whenever and so often as the Minister makes a reviving order, the following provisions shall have effect, that is to say:—

• (a) the suspendable provisions shall, as on and from the date specified in that behalf in such reviving order, again come into force, and shall, subject to the operation of a subsequent suspending order, continue in force;

• (b) the Minister shall, notwithstanding anything contained in sub-section (5) of section 49 of the Principal Act, not refuse to register an applicant for registration in the register of maize millers in respect of any premises if the applicant was bona-fide engaged in the business of milling maize at such premises during any part of the period of six months immediately preceding the date on which such reviving order is made and the application for registration is made not later than one month after such date;

• (c) no fee shall be payable under sub-section (1) of section 51 of the Principal Act on an original application for registration in respect of any premises where the applicant was bona-fide engaged in the business of milling maize at such premises during any part of the period of six months immediately preceding the date on which such reviving order is made and the application is made not later than one month after such date.

• (5) In this section the expression “the suspendable provisions” means sub-sections (2) and (3) of section 62 of the Principal Act and Part IV of the Act of 1936.

4 Suspension of operation of sub-sections (4) and (5) of section 62 of the Principal Act and section 30 of the Act of 1934.

4.—(1) At any time while the suspendable provisions are, whether by virtue of an order made under the next following sub-section or otherwise, in force, the Minister may by order (in this section referred to as a suspending order) declare that the suspendable provisions shall cease to be in force as on and from such date as the Minister thinks fit and specifies in such order.

• (2) At any time while the suspendable provisions are, by virtue of a suspending order, not in force, the Minister may, by order (in this section referred to as a reviving order), declare that the suspendable provisions shall again come into force as on and from such date (not being earlier than one month after the date on which such order is made) as the Minister thinks fit and specifies in such order.

• (3) Whenever and so often as the Minister makes a suspending order, the following provisions shall have effect, that is to say:—

• (a) subject to the operation of a reviving order, the suspendable provisions shall cease to be in force as on and from the date specified in that behalf in such suspending order;

• (b) sub-sections (1) and (2) of section 21 of the Interpretation Act, 1937 (No. 38 of 1937), shall apply to and have effect in relation to such cesser as if such cesser were a repeal by an Act of the Oireachtas passed on the day on which such cesser takes effect and the suspendable provisions were repealed by such Act of the Oireachtas as on and from that day;

• (c) all entries in the register of manufacturers of compound feeding stuffs immediately before such cesser shall upon such cesser be deleted therefrom;

• (d) no entry shall be made in the register of manufacturers of compound feeding stuffs unless and until the Minister next makes a reviving order.

• (4) Whenever and so often as the Minister makes a reviving order, the suspendable provisions shall, as on and from the date specified in that behalf in such reviving order, again come into force, and shall, subject to the operation of a subsequent suspending order, continue in force.

• (5) In this section the expression “the suspendable provisions” means sub-sections (4) and (5) of section 62 of the Principal Act and section 30 of the Act of 1934.

5 Suspension of operation of section 16 of the Act of 1938.

5.—(1) At any time while section 16 of the Act of 1938 is, whether by virtue of an order made under the next following sub-sections or otherwise, in force, the Minister may by order (in this section referred to as a suspending order) declare that the said section 16 shall cease to be in force as on and from such date as the Minister thinks fit and specifies in such order.

• (2) At any time while section 16 of the Act of 1938 is, by virtue of a suspending order, not in force, the Minister may, by order (in this section referred to as a reviving order), declare that the said section 16 shall again come into force as on and from such date (not being earlier than one month after the date on which such order is made) as the Minister thinks fit and specifies in such order.

• (3) Whenever and so often as the Minister makes a suspending order, the following provisions shall have effect, that is to say:—

• (a) subject to the operation of a reviving order, section 16 of the Act of 1938 shall cease to be in force as on and from the date specified in that behalf in such suspending order;

• (b) sub-sections (1) and (2) of section 21 of the Interpretation Act, 1937 (No. 38 of 1937), shall apply to and have effect in relation to such cesser as if such cesser were a repeal by an Act of the Oireachtas passed on the day on which such cesser takes effect and section 16 of the Act of 1938 were repealed by such Act of the Oireachtas as on and from that day;

• (c) all entries in the register of maize importers immediately before such cesser shall upon such cesser be deleted therefrom;

• (d) no entry shall be made in the register of maize importers unless and until the Minister next makes a reviving order.

• (4) Whenever and so often as the Minister makes a reviving order, the following provisions shall have effect, that is to say:—

• (a) section 16 of the Act of 1938 shall, as on and from the date specified in that behalf in such reviving order, again come into force, and shall, subject to the operation of a subsequent suspending order, continue in force;

• (b) the Minister shall, notwithstanding anything contained in sub-section (3) of section 49 of the Principal Act, not refuse to register an applicant for registration in the register of maize importers in respect of any premises if the applicant was bona-fide engaged in the business of importing maize during any part of the period of six months immediately preceding the date on which such reviving order is made and the application for registration is made not later than one month after such date.

6 Laying of orders before Houses of the Oireachtas.

6.—Every order 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 order is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

7 Amendment of the Fourth Schedule to the Act of 1938.

7.—The Fourth Schedule to the Act of 1938 is hereby amended by the substitution of the following paragraph for paragraph 17 thereof, that is to say:—

“17—Any article (other than wheat, maize, oats, hay, straw, or any article mentioned at Nos. 1 to 16 (both inclusive) of this Schedule or any article declared by an order made by the Minister under sub-section (3) of Section 19 of this Act and for the time being in force to be a scheduled feeding stuff for the purpose of Part III of this Act) which is an article of food for the use of horses, mules, jennets, asses, cattle, sheep, swine, goats or poultry, and is not an exempted feeding stuff for the purposes of this Schedule.”

8 Construction of word “import” in the Acts.

8.—The word “import” for the purposes of the Acts shall be construed as not including importation for the purposes only of transit and subsequent exportation, and cognate words shall be construed accordingly.

9 Short title and collective citation.

9.—(1) This Act may be cited as the Agricultural Produce (Cereals) Act, 1939.

• (2) The Acts and this Act may be cited together as the Agricultural Produce (Cereals) Acts, 1933 to 1939.