Industrial Research and Standards Act , 1946

Part I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Industrial Research and Standards Act, 1946.

2 Definitions.

2.—In this Act—

the expression “the Council” means the Council of the Institute;

the expression “the Director” means the Director of Industrial Research and Standards;

the expression “the Industrial Research Council” means the body appointed to be an Industrial Research Council by the Minister for Industry and Commerce on the 20th day of March, 1934;

the expression “the Institute” means the Institute for Industrial Research and Standards established by this Act;

the word “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof;

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

the word “register”, save where the context otherwise requires, means a register kept by the Minister in pursuance of section 23 of this Act;

the word “specification” includes description of any commodity, process or practice by reference to any one or more of the following, namely, nature, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age and any other characteristic;

the expression “standard mark” means a mark prescribed by an order under section 22 of this Act for use in connection with a commodity, process or practice to indicate that it conforms to a particular standard specification;

the expression “standard specification” means a specification declared by an order under section 20 of this Act to be a standard specification.

3 Expenses.

3.—The expenses incurred by the Minister in the administration of 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. Establishment and Functions of the Institute.

4 Establishment of Institute.

4.—(1) There is hereby established an institute, to be known as the Institute for Industrial Research and Standards, to fulfil the functions assigned to it by this Act.

(2) The Institute shall be a body corporate with perpetual succession and a seal, and power to sue and be sued in its corporate name and to hold land.

(3) The Institute shall consist of—

(i) the Council of the Institute,

(ii) the Industrial Research Committee,

(iii) the Standards Committee, and

(iv) the Director of Industrial Research and Standards.

5 Functions of Institute.

5.—(1) The functions of the Institute are—

(a) to undertake, encourage and foster scientific research and investigation with the object of—

(i) promoting the utilisation of the natural resources of the State,

(ii) improving the technical processes and methods used in the industries of the State,

(iii) discovering technical processes and methods which may promote or facilitate the expansion of existing or the development of new industries, and the utilisation of the waste products of industry,

(b) to make recommendations to the Minister as to the formulation of standard specifications for commodities, processes and practices and the provision and use of standard marks for commodities, processes and practices which conform to standard specifications,

(c) to test and analyse commodities, intended for sale or for use by the public, for the purpose of—

(i) advancing or facilitating scientific research and investigation,

(ii) ensuring conformity with standard specifications,

(iii) encouraging the standardisation of commodities, processes and practices,

or, generally, with the object of ascertaining, for the public benefit, the characteristics of such commodities,

(d) to publish the result of any test or analysis carried out by the Institute or by any other person on its behalf.

(2) The Institute may arrange with any person for the carrying out by that person on behalf of the Institute of any research, investigation, test or analysis referred to in subsection (1) of this section.

PART III. The Council of the Institute.

6 The Council.

6.—(1) There shall be a Council to advise and assist in the general government of the Institute and the administration of its affairs.

(2) The Council shall consist of the ex-officio members and not more than fifty ordinary members, each of whom shall be appointed for his attainments in scientific research applied to industry or the support which he has given to such research or his ability to promote the adoption of standard specifications in industry.

(3) The members of the Industrial Research Committee and the Standards Committee shall be ex-officio members of the Council.

(4) The following provisions shall apply to the appointment of ordinary members of the Council:—

(a) they shall be appointed quinquennially;

(b) the first appointments shall be made by the Government as soon as conveniently may be after the passing of this Act and shall include every member of the Industrial Research Council who is willing and able to act;

(c) subsequent appointments shall be made by the Minister.

(5) The rules in the First Schedule to this Act shall apply in respect of the Council.

7 Expenses of members of Council.

7.—There may be paid, out of moneys at the disposal of the Institute, to members of the Council such expenses of travel and subsistence as the Industrial Research Committee may determine.

PART IV. The Industrial Research Committee.

8 The Industrial Research Committee.

8.—(1) There shall be a body to be called the Industrial Research Committee to fulfil the functions assigned to it by this Act.

(2) The Committee shall consist of not more than nine members, each of whom shall be appointed for his attainments in scientific research applied to industry or because he is representative of industry or is capable of giving substantial practical assistance in the work of the Institute.

(3) The Industrial Research Committee shall be appointed triennially by the Minister.

(4) The appointment, resignation and removal of members and the proceedings of the Industrial Research Committee shall be governed by the rules in the Second Schedule to this Act.

9 Exercise of certain functions of Institute by Industrial Research Committee.

9.—The Industrial Research Committee shall act in the name and on behalf of the Institute in all matters except as otherwise expressly provided in this Act and the acts of the said Committee, in exercise of the powers conferred by this section, shall be the acts of the Institute.

10 Remuneration of members.

10.—There may be paid, out of moneys at the disposal of the Institute, to members of the Industrial Research Committee such remuneration and expenses as the said Committee may determine.

PART V. The Standards Committee.

11 The Standards Committee.

11.—(1) There shall be a body to be called the Standards Committee to fulfil the functions assigned to it by this Act.

(2) The Standards Committee shall consist of seven members, of whom three and no more shall be members of the Industrial Research Committee.

(3) The Standards Committee shall be appointed triennially by the Minister.

(4) The appointment, resignation and removal of members and the proceedings of the Standards Committee shall be governed by the rules in the Second Schedule to this Act.

12 Exercise of certain functions of Institute by Standards Committee.

12.—The Standards Committee shall act in the name and on behalf of the Institute in the exercise of the functions of the Institute under section 20 of this Act and the acts of the said Committee, in exercise of the powers conferred by this section, shall be the acts of the Institute.

13 Remuneration of members.

13.—There may be paid, out of moneys at the disposal of the Institute, to members of the Standards Committee such remuneration and expenses as the Industrial Research Committee may determine.

PART VI. The Director of Industrial Research and Standards.

14 The Director of Industrial Research and Standards.

14.—(1) The Director of Industrial Research and Standards shall be appointed by the Minister and may, if the Minister thinks proper, be removed by him on his own initiative or on the recommendation of the Industrial Research Committee, for stated reasons.

(2) The remuneration, tenure of office and conditions of service of a person appointed to be the Director shall be such as the Minister, after consultation with the Minister for Finance, shall determine when appointing him.

15 Functions of the Director.

15.—The primary duties of the Director shall be to direct and supervise—

(a) the conduct of research decided upon by the Industrial Research Committee, and

(b) subject to the directions of the Standards Committee, the formulation of specifications in accordance with section 20 of this Act,

but, subject thereto, he may, independently of the Industrial Research Committee,' conduct such research as he thinks proper on behalf of the Institute.

16 Right of audience at meetings.

16.—The Director may attend and speak at all meetings of the Council, the Industrial Research Committee and the Standards Committee, but he shall not have the right to vote at any such meeting.

17 Director's advisory committees.

17.—(1) The Director may appoint advisory committees to consult with and advise him in relation to any of his functions subject, in the case of functions with which the Industrial Research Committee or the Standards Committee is concerned, to the prior consent of the Committee concerned.

(2) There may be paid, out of moneys at the disposal of the Institute, to members of an advisory committee duly appointed under subsection (1) of this section such expenses of travel and subsistence as the Industrial Research Committee may determine.

PART VII. Scientific Research.

18 Conduct of research.

18.—The Institute shall carry out such researches, including researches on a laboratory or on a pilot plant scale, and such investigations, tests and analyses as the Minister may, after consultation with the Industrial Research Committee and the Director, request, and may, in addition, carry out such researches as aforesaid and such investigations, tests and analyses as the said Committee or the Director may from time to time think proper.

19 Discoveries and inventions.

19.—(1) Every discovery or invention resulting from researches or investigations undertaken by or on behalf of the Institute, except those discoveries and inventions referred to in subsection (2) of this section, shall be the property of the Minister.

(2) A discovery or invention resulting from researches or investigations undertaken by or on behalf of the Institute for any person (other than a Minister of State) shall not become the exclusive property of that person but shall become the property of the Minister and that person in such proportions as the Minister may determine after consultation with the Industrial Research Committee.

(3) The Minister shall, before publishing any discovery or invention, consult with the Industrial Research Committee and the Director as to the advisability of such publication.

(4) The Industrial Research Committee may, with the consent of the Minister, pay, out of moneys at the disposal of the Institute, to members of the staff of the Institute who have made important discoveries or inventions or have materially assisted in making such discoveries or inventions such bonuses or royalties as the said Committee may think proper.

PART VIII. Standard Specifications and Standard Marks.

20 Standard specification.

20.—(1) The Institute shall formulate for the Minister specifications for such commodities, processes and practices as the Minister may from time to time request.

(2) In formulating specifications under subsection (1) of this section the Institute shall comply with the directions of the Minister.

(3) The Minister, on obtaining a specification from the Institute, may by order declare the specification to be a standard specification for the commodity, process or practice to which it relates.

(4) Where, under any Act other than this Act, any Minister of State is authorised to prescribe a specification or standard of quality for any commodity, process or practice, or to issue licences for the sale or advertisement of any commodity, the Minister shall not declare a specification in respect of that commodity, process or practice to be a standard specification except with the consent of that Minister of State.

(5) The Minister may revoke an order made by him under subsection (3) of this section.

(6) Every order under subsection (3) of this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to anything previously done under the order.

21 False representation in connection with standard specifications.

21.—(1) Every person who makes any representation which is false in any material respect that any commodity, process or practice is of standard specification shall, unless he proves that he acted without intent to defraud, be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a period not exceeding six months or to a fine not exceeding, one hundred pounds or to both such imprisonment and fine.

(2) In this section the word “representation” means, in relation to a commodity, process or practice, any representation, direct or indirect, and whether oral, by conduct, or in writing, and if in writing, includes a representation in any advertisement, catalogue, billhead or other document relating to the commodity, process or practice or implied in the use of any trade mark or style.

(3) Nothing in this section shall be construed as limiting the operation of paragraph (d) of subsection (1) of section 2 of the Merchandise Marks Act, 1887.

22 Standard marks.

22.—(1) The Minister may by order prescribe a mark for use, in accordance with this Act, in connection with a specified commodity, process or practice, to indicate that it conforms to a particular standard specification.

(2) A standard mark shall include the words “Caighdeán Éireannach” or the initials “C.É.” and may include the words “Irish Standard” or the initials “I.S.” or any other mark.

(3) The Minister may revoke an order made by him under this section.

(4) Whenever an order prescribing a standard mark for use in connection with a commodity, process or practice conforming to a particular standard specification is for the time being in force, the following provisions shall have effect:—

(a) the Minister shall be the proprietor of the standard mark,

(b) for the purpose of the Merchandise Marks Acts, 1887 to 1931, the standard mark shall be a trade mark;

(c) the use of the standard mark in connection with a commodity, process or practice which does not conform to that standard specification shall be a false trade description within the meaning of those Acts;

(d) those Acts shall apply accordingly.

(5) The Minister may grant to a person a licence to use, subject to such conditions as may be expressed in the licence, a standard mark in connection with any commodity, process or practice for which there is a standard specification.

(6) Where the Minister has, with the consent of any other Minister of State, declared a specification to be a standard specification for a commodity, process or practice, he shall not grant a licence under this section to use a standard mark in connection with that commodity, process or practice except with the consent of that Minister of State.

(7) The Minister may revoke a licence under this section but, if the licence was granted with the consent of any other Minister of State, only with the consent of that Minister of State.

(8) A person who—

(a) uses a standard mark otherwise than in accordance with a licence under this section, or

(b) makes any representation or uses any mark in connection with any commodity, process or practice which suggests or is likely to suggest that a person who is not licensed to use a standard mark in connection with that commodity, process or practice is so licensed or is entitled to use a standard mark,

shall, unless he proves that he acted without intent to defraud, be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a period not exceeding six months or to a fine not exceeding one hundred pounds or to both such imprisonment and fine.

(9) The word “representation” in subsection (8) of this section has the same meaning as it has in section 21 of this Act.

23 Registers.

23.—(1) The Minister shall keep—

(a) a register of standard specifications (to be called the Register of Standard Specifications), and

(b) a register of standard marks (to be called the Register of Standard Marks).

(2) Each register shall be made available for inspection by any person, on payment of a fee of one shilling, at all reasonable times.

(3) A certificate under the official seal of the Minister as to the contents of a register or of any entry therein shall be prima facie evidence of the facts so certified.

(4) The Minister shall issue to any person, on payment of a fee of one shilling for each entry, such certificate as is mentioned in subsection (3) of this section.

24 Registration of standard marks abroad.

24.—The Minister may procure the registration, in any register maintained in any place outside the State, of a standard mark and may procure himself to be entered in the register as the proprietor of the standard mark.

25 Restriction on registration under Registration of Business Names Act, 1916.

25.—(1) A person shall not be registered under the Registration of Business Names Act, 1916, after the passing of this Act by a name containing or consisting of the word “Caighdeán”, or the word “Standard”, or the initials “C.É.” or “I.S.” or by a name which so nearly resembles any such word or initials as to be likely to deceive or to cause confusion.

(2) Subsection (1) of this section does not apply to the registration of a person by a name similar to that by which any predecessor in business of that person was, immediately before the passing of this Act, registered under the Companies Acts, 1908 to 1924, or the Registration of Business Names Act, 1916.

26 Restriction on registration under Companies Acts, 1908 to 1924.