People (Attorney General) v James O'Flynn Sons Ltd

• Jurisdiction: Ireland
• Court: Court of Criminal Appeal
• Judgment Date: 01 January 1945
• Date: 01 January 1945

(C.C.A.),

The People (Attorney-General)

and

James O'Flynn & Sons, Ltd.

Whether inclusive of authority to direct manufacturer of specified article to produce and supply stated quantities of such article from time to time - Meaning of "regulate" - Emergency Powers Act, 1939 s. 5 - Emergency Powers Order, 1939, art. 31.

By virtue of the provisions of art. 31 of the Emergency Powers Order, 1939, as amended by art. 2 (a) of the Emergency Powers (No. 173) Order, 1942, it is provided that a government minister may by order or direction, given either in writing or orally, "provide for regulating, restricting or prohibiting the production, treatment, keeping, storage, movement, transport, distribution, disposal (including sale), acquisition (including purchase), use or consumption of articles of any description." Held, that the Emergency Powers Orders should be...