Weights and Measures Act, 1928

JurisdictionIreland
CitationIR No. 3/1928


Number 3 of 1928.


WEIGHTS AND MEASURES ACT, 1928.


ARRANGEMENT OF SECTIONS

Preliminary.

Section

1.

Short title, construction and citation.

2.

Definitions.

Part I .

Verification and Stamping of Bottles used for the Sale or Supplying of Intoxicating Liquor.

3.

Extension of term “trade.”

4.

Appointment of special inspectors of measures and their assistants.

5.

Powers and duties of special inspectors and their assistants.

6.

Verification and stamping of bottles.

7.

Verification and stamping of bottles during manufacture.

8.

Fees for verifying and stamping bottles.

9.

Expenses under this Part of this Act.

Part II .

Measuring Instruments.

10.

Measuring instruments.

11.

Verification and stamping of measuring instruments.

12.

Extension of sections 25 and 26 of the Principal Act.

Part III .

General.

13.

Stamps of verification.

14.

Cancellation of certificates of inspectors.

15.

Fees in respect of verification of local standards.

16.

Amendment of section 8 of the Act of 1904.

17.

Amendment of section 79 of the Principal Act.

18.

Amendment of section 5 of the Act of 1904.

19.

Amendment of section 81 of the Principal Act.

20.

Amendment of Section 83 of the Principal Act.

21.

Amendment of the Fourth Schedule to the Principal Act.

22.

Local authorities in County Dublin.

SCHEDULE .


Act Referred to

Intoxicating Liquor (General) Act, 1924

No. 62 of 1924


Number 3 of 1928.


WEIGHTS AND MEASURES ACT, 1928.


AN ACT TO AMEND AND EXTEND THE WEIGHTS AND MEASURES ACTS, 1878 TO 1904, AND IN PARTICULAR TO AMEND AND EXTEND THOSE ACTS IN RELATION TO BOTTLES USED FOR THE SALE OF INTOXICATING LIQUOR AND IN RELATION TO CERTAIN MEASURING INSTRUMENTS. [1st June, 1928.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PRELIMINARY.

Short title, construction and citation.

1.—This Act may be cited as the Weights and Measures Act, 1928, and shall be construed as one with the Weights and Measures Acts, 1878 to 1904, and those Acts and this Act may be cited together as the Weights and Measures Acts, 1878 to 1928.

Definitions.

2.—In this Act—

the expression “bottle to which this Act applies” means a bottle of a size for the time being prescribed under section 9 of the Intoxicating Liquor (General) Act, 1924 (No. 62 of 1924), for the sale of intoxicating liquor or any particular kind of intoxicating liquor in bottle;

the word “manufactured” when used in relation to a bottle to which this Act applies means manufactured in Saorstát Eireann;

the expression “The Commissioner” means the Commissioner of the Gárda Síochána;

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

the expression “The Principal Act” means the Weights and Measures Act, 1878;—

the expression “The Act of 1889” means the Weights and Measures Act, 1889; and

the expression “The Act of 1904” means the Weights and Measures Act, 1904.

PART I.

Verification and Stamping of Bottles used for the Sale or Supplying of Intoxicating Liquor.

Extension of term “trade.”

3.—The term “trade” when used in the Weights and Measures Acts, 1878 to 1904, shall, in addition to the meanings assigned to it by section 19 of the Principal Act, include the sale or supplying in bottle of intoxicating liquor which is at the time of such sale or supplying required by virtue of section 9 of the Intoxicating Liquor (General) Act, 1924 (No. 62 of 1924) to be sold or supplied in bottles of a size prescribed under that section.

Appointment of special inspectors of measures and their assistants.

4.—(1) The Commissioner may from time to time appoint so many special inspectors of measures (in this Act referred to as special inspectors) as he may think necessary and the Minister for Finance shall sanction for the discharge of the duties of special inspectors under this Part of this Act, and so many assistants to special inspectors as he may think necessary and the Minister for Finance shall sanction.

(2) The Commissioner may suspend or dismiss any special inspector from his office as special inspector, and may suspend or dismiss any assistant to a special inspector from his office as assistant.

(3) Every person appointed under this section to be a special inspector shall be a member of the Gárda Síochána and shall possess a certificate under section 8 of the Act of 1904 or a special inspector's certificate granted in accordance with regulations made by the Minister under this section.

(4) Any person appointed under this section to be an assistant to a special inspector may be a member or not a member of the Gárda Síochána as the Commissioner with the approval of the Minister for Finance shall think fit.

(5) An ex-officio inspector of weights and measures may be appointed to be a special inspector and when so appointed may, if the Commissioner so directs, continue to be an ex-officio inspector of weights and measures.

(6) The Commissioner shall provide every special inspector with such standards and equipment as is necessary for the performance by him of his duties as such special inspector.

Powers and duties of special inspectors and their assistants.

5.—(1) So far as relates to the verification and stamping of bottles to which this Act applies—

(a) every special inspector shall have all the powers and perform all the duties conferred or imposed on an inspector of weights and measures by or under the Weights and Measures Acts, 1878 to 1904, as amended by this Act, but without any restriction as to the area or district in which such powers may be exercised or such duties are to be performed by such special inspector, and

(b) references in the Weights and Measures Acts, 1878 to 1904, as amended by this Act to an inspector of weights and measures shall be construed as including references to a special inspector and the said Acts as so amended shall have effect accordingly.

(2) Every person appointed an assistant to a special inspector shall perform in relation to such special inspector such duties as the Commissioner may from time to time direct.

Verification and stamping of bottles.

6.—(1) In addition to the times and places fixed under the Weights and Measures Acts, 1878 to 1904, for the verification and stamping of weights and measures, manufactured bottles to which this Act applies may be verified and stamped at such times and in such places in the factory in which such bottles are manufactured or in the immediate neighbourhood thereof as the Commissioner shall with the approval of the Minister appoint.

(2) The Commissioner shall assign a special inspector to every place appointed by him under this section for the verification and stamping of bottles to which this Act applies and it shall be the duty of such special inspector to attend at such place at the times appointed in respect thereof by the Commissioner under this section and there to perform the duties in relation to the verification and stamping of bottles to which this Act applies imposed on him by the Weights and Measures Acts, 1878 to 1904, as amended by this Act.

Verification and stamping of bottles during manufacture.

7.—(1) The Minister may, if and whenever he thinks fit, grant in respect of any factory in Saorstát Eireann a licence in the prescribed form authorising all bottles to which this Act applies manufactured in such factory to be stamped in the prescribed manner during the process of manufacture with a stamp of verification under the Weights and Measures Acts, 1878 to 1904, as amended by this Act or with an impression derived from such stamp, and a factory in respect of which such a licence has been granted and is in force is in this section referred to as a licensed factory.

(2) No licence shall be granted under this section unless or until the Minister has made regulations under this section.

(3) The Minister may at any time revoke any licence granted under this section.

(4) All bottles stamped under this section during manufacture shall immediately after they are manufactured be tested and verified in the prescribed manner by a special inspector and if found by him not to be correct in accordance with the stamp thereon shall forthwith be destroyed in the prescribed manner by or under the supervision of a special inspector.

(5) The methods of verification and stamping of bottles to which this Act applies authorised under this section shall, in respect of such bottles manufactured in a licensed factory, be in substitution for the methods of verification and stamping required or authorised by or under the Principal Act.

(6) The Minister shall make regulations relating to the following matters:—

(a) any matter or thing referred to in this section as prescribed,

(b) the securing that bottles to which this Act applies stamped under this section will be so stamped by or under the immediate supervision of a special inspector,

(c) the securing that such bottles will be and remain in the custody of a special inspector from the time of manufacture until released or destroyed by or under the supervision of a special inspector,

(d) prescribing the duties of a special inspector under this section,

(e) imposing such conditions on the proprietor of a licensed factory as the Minister may consider necessary to ensure that all bottles to which this Act applies manufactured in and issued from such factory are duly verified and stamped in accordance with this section and the regulations to be made thereunder,

(f) prescribing the penalties...

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