Cloth, Clothing and Knitting Wool (Maximum Prices) Order, 1947.

 
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STATUTORY RULES AND ORDERS. 1947. No. 323.

CLOTH, CLOTHING AND KNITTING WOOL (MAXIMUM PRICES) ORDER, 1947.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title.

2. Interpretation generally.

3. Appropriate manufacturer's prices for specified retail price articles.

4. Appropriate wholesale prices for controlled articles.

5. Specified retail prices and marginal retail prices.

6. Non-application of Articles 7, 8 and 9 to certain articles.

7. Obligations of manufacturers as regards specified retail price articles.

8. Obligations of wholesalers as regards controlled articles.

9. Obligations of retailers as regards controlled articles.

10. Discounts.

11. Sales by wholesalers to other wholesalers.

12. Effect of directions by the Minister.

13. Persons entitled to wholesaler's margins.

14. Removal of price marks from specified retail price articles.

15. Inspection, etc.

16. Restriction of application of Certain Orders.

STATUTORY RULES AND ORDERS.

1947. No. 323.

CLOTH, CLOTHING AND KNITTING WOOL (MAXIMUM PRICES) ORDER, 1947.

I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by Article 31 of the Emergency Powers Order, 1939 (S. R. & O. No. 224 of 1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166 of 1942) (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946)) and of every and any other power me in this behalf enabling, hereby order as follows :—

1 Short title

1. This Order may be cited as the Cloth, Clothing and Knitting Wool (Maximum Prices) Order, 1947.

2 Interpretation generally

2.—(1) In this Order—

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

the word "manufacturer" means a person who manufactures or produces partly or wholly any controlled article or any person for whose account any manufacturer or producer manufactures or produces partly or wholly under any set of conditions any controlled article ;

the words "importer," "wholesaler," and "retailer," shall have the meanings customarily attached to them in the course of trade in the controlled articles ;

the words "wholesale" and "retail," and the expressions "sell by wholesale," and "sell by retail," shall have the meanings customarily attached to them in the course of trade in the controlled articles ;

the expression "knitting wool" shall include knitting yarn, mending wool or yarn, synthetic or fibre knitting yarn and artificial silk knitting yarn (crépe or floss) but shall not include Angora knitting wool ;

the expression "controlled article" means (a) any article of wearing apparel or clothing or of cloth suitable for use as or for the manufacture of wearing apparel or clothing mentioned in the Schedule to this Order, and which is subject to any of the provisions of this Order, or (b) any knitting wool, or (c) any article set out in column (2) of the Schedule hereto at any reference number ;

the expression "the appointed day" means the 20th day of October, 1947 ;

the expression "specified retail price article" means any article which was manufactured or produced in the State and is sold by a manufacturer on or after the appointed day ;

the expression "marginal retail price article" means any article which is imported on or after the appointed day ;

the expression "authorised officer" means—

(i) any officer of Customs and Excise ;

(ii) any member of the Gárda Síochána ;

(iii) any person who is an authorised officer for the purposes of the Emergency Powers (General Rationing Provisions) Order, 1944 (S. R. & O. No. 130 of 1944).

(2) In this Order references to selling shall be construed as including references to agreeing or offering to sell or to inviting an offer to buy.

(3) A reference in this Order to the appropriate manufacturer's price of an article, to the price paid by the retailer to an importer or wholesaler of an article or to the cost to the retailer or the original importer of an article, shall—

(a) in the case of knitting wool not on mending cards be construed as a reference to that price or cost per lb. of such knitting wool, and

(b) in the case of knitting wool on mending cards be construed as a reference to that price or cost per gross of such mending cards.

3 Appropriate manufacturer's prices for specified retail price articles

3. For the purposes of this Order, the appropriate manufacturer's price for any specified retail price article which is of a description set out in column (2) of the Schedule hereto shall be—

(a) in the case of any manufacturer who has an arrangement with the Minister for the control of prices and profits, a price not exceeding a price determined in accordance with such arrangement, or

(b) in the case of any manufacturer to whom directions in regard to prices have been given by the Minister, a price fixed in accordance with such directions, or

(c) in the case of any other manufacturer, the price current and fixed by such manufacturer from time to time during the period between the appointed day and a date on which such manufacturer shall enter into a price arrangement with the Minister for the control of prices and profits.

4 Appropriate wholesale prices for controlled articles

4.—(1) For the purposes of this Order, the appropriate wholesale price of any specified retail price article of a description set out in column (2) of the Schedule hereto at any reference number shall be the sum of—

(a) the appropriate manufacturer's price of such article, and

(b) a percentage of such price not exceeding the wholesaler's margin, appropriate to the article, mentioned in column (3) of the said Schedule at the said reference number.

(2) For the purposes of this Order, the appropriate wholesale price of any marginal retail price article of a description set out in column (2) of the Schedule hereto at any reference number shall be the amount of—

(a) the cost to the original importer of the article, and

(b) a percentage of such cost not exceeding the wholesaler's margin, appropriate to the article, mentioned in column (3) of the said Schedule at the said reference number.

5 Specified retail prices and marginal retail prices

5.—(1) For the purposes of this Order, the specified retail price of any specified retail price article of a description set out in column(2) of the Schedule hereto at any reference number shall be a price not exceeding—

(a) in case a wholesaler's margin is allowed under Article 13 of this Order, a price calculated by adding to the appropriate manufacturer's price of such article a percentage of such manufacturer's price not exceeding the wholesaler's margin, appropriate to the article, mentioned in column (3) of the said Schedule at the said reference number and by adding to the sum thus obtained a percentage not exceeding the retailer's margin, appropriate to the article, mentioned in column (4) of the said Schedule at the said reference number,

(b) in any other case, the sum of the appropriate manufacturer's price of such article and a percentage of such price not exceeding the retailer's margin, appropriate to the article, mentioned in column (4) of the said Schedule at the said reference number.

(2) For the purposes of this Order, the marginal retail price of a marginal retail price article of a description set out in column (2) of the Schedule hereto at any reference number shall be a price not exceeding—

(a) in case the article is one in respect of which the retailer is entitled to a wholesaler's margin under Article 13 of this Order, a price calculated by adding to the sum of—

(i) the cost of the article to the retailer and

(ii) a percentage of such cost not exceeding the wholesaler's margin, appropriate to the article, mentioned in column (3) of the said Schedule at the said reference number,a percentage of such sum not exceeding the retailer's margin, appropriate to the article, mentioned in column (4) of the said Schedule at the said reference number,

(b) in any other case, the sum of—

(i) the cost of the article to the retailer, and

(ii) a percentage of the said cost not exceeding the retailer's margin, appropriate to the article, mentioned in column (4) of the said Schedule at the said reference number.

(3) In dividing the specified retail price or the marginal retail price of knitting wool per lb. by sixteen in order to express that price in terms of single ounces, any fraction of one half-penny shall be taken to be one half-penny.

(4) In dividing the specified retail price or the marginal retail price of knitting wool on mending cards per gross by one hundred and forty-four in order to express that price in terms of single mending cards, any fraction of one farthing shall be taken to be one farthing.

(5) Subject to the provisions of Sections (3) and (4) of this Article, in making any calculation for the purposes of this Order any fraction of a penny shall be taken to be one penny.

6 Non-Application of Articles, 7, 8 and 9 to certain articles

6. Articles 7, 8 and 9 of this Order shall not apply to—

(a) any article of a description set out in column (2) of the Schedule hereto at any reference number if—

(i) there is an amount set out in column (5) of the said Schedule at the said reference number ;

(ii) the specified retail price or the marginal retail price of the article exceeds the said amount.

7 Obligations of manufacturers as regards specified retail price articles

7.—(1) On and after the appointed day no manufacturer shall sell any specified retail price article which is of a description set out in column (2) of the Schedule hereto at a price exceeding the appropriate manufacturer's price of such article.

(2) On and after the appointed day no manufacturer shall sell any specified retail price article which is of a...

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