No. 254/1936:

DUBLIN DISTRICT MILK BOARD ORDER, 1936.

DUBLIN DISTRICT MILK BOARD ORDER, 1936.

WHEREAS it is enacted by sub-section (1) of Section 6 of the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936), that the Minister for Agriculture may, whenever and so often as he thinks proper, by order (in Part II of the said Act referred to as a milk (joint district) order) do the following things, that is to say :—

(a) declare that a particular area specified or delimited in such order shall be a sale district for the purposes of Part II of the said Act, and

(b) declare that a particular area (which may or may not include the whole or any part of the area declared to be a sale district by such order) specified or delimited in such order shall be a production district for the purposes of Part II of the said Act, and

(c) declare that the said two areas shall together be a joint (sale and supply) district for the purposes of Part II of the said Act, and

(d) define (in such manner and by reference to such things as the said Minister shall think proper) what shall constitute in relation to milk a retailer and a wholesaler respectively in respect of such sale district, and

(e) declare that, of the ordinary members of the board to be established under Part II of the said Act for such joint (sale and supply) district, either—

(i) such board shall consist of a specified number of producer members, a specified number of retailer members, and a specified number of wholesaler members, or

(ii) if, but only if, the said Minister is of opinion that there are then no persons carrying on the business of wholesalers in such sale district, such board shall consist of a specified number of producer members and a specified number of retailer members, and

(f) appoint a day to be for the purposes of Part II of the said Act the appointed day in respect of such joint (sale and supply) district, and

(g) appoint a day to be for the purposes of Part II of the said Act the day of entry on office of first elected members in respect of such joint (sale and supply) district:

AND WHEREAS it is enacted by sub-section (2) of the said Section 6 that the number of producer members of a board for a joint (supply and sale) district shall not in any case be less than one-half of the number of the ordinary members of such board:

AND WHEREAS it is enacted by sub-section (1) of Section 8 of the said Act that whenever a milk (joint district) order is made there shall be established, as on and from the date on which such order comes into force, a board for the joint district to which such order relates, to be called and known by such name as the Minister for Agriculture shall specify in such order, to fulfil in relation to such district the functions assigned to it by this Part of this Act:

NOW, I, SÉAMAS O RIAIN, Minister for Agriculture, in exercise of the powers conferred on me by the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936), and of every and any other power me in this behalf enabling, do hereby order as follows :—

1. (1) This Order may be cited as the Dublin District Milk Board Order, 1936.

(2) This Order shall come into force on the 9th day of September, 1936.

2. In this Order the expression "the Act" means the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936).

3. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

4. The area specified in Part I of the Schedule to this Order shall be a sale district for the purposes of Part II of the Act.

5. The area specified in Part II of the Schedule to this Order shall be a production district for the purposes of Part II of the Act.

6. The several areas specified in Parts I and II of the Schedule to this Order shall together be a joint (sale and supply) district for the purposes of Part II of the Act.

7. The board, to be established in pursuance of sub-section (1) of Section 8 of the Act, for the joint (sale and supply) district to which this Order relates shall be called and known as the Dublin District Milk Board.

8. (1) Every person who is either—

(a) a person who carries on at premises situate in the sale district to which this Order relates the business of selling milk and who, in the opinion of the chairman of the Dublin District Milk Board, on the average, taken over such period (exclusive of any part thereof during which, in the opinion of the said chairman, there was an abnormal demand for milk in the said sale district) as the said chairman may determine, obtained direct from producers of milk less than two thousand gallons of milk per week, or

(b) a person who carries on at premises situate in the sale district to which this Order relates the business of selling milk and who did not obtain any milk direct from producers of milk during such period as the said chairman may determine, or

(c) a person who proposes to carry on at premises situate in the said sale district the business of selling milk, shall be in relation to milk a retailer in respect of the said sale district.

(2) Every person who carries on at premises situate in the sale district to which this Order relates the business of selling milk and who, in the opinion of the chairman of the Dublin District Milk Board, on the average, taken over such period (exclusive of any part thereof during which, in the opinion of the said chairman, there was an abnormal demand for milk in the said sale district) as the said chairman may determine, obtained direct from producers of milk not less than two thousand gallons of milk per week, shall in relation to milk be a wholesaler in respect of the said sale district.

9. The board for the joint (sale and supply) district to which this Order relates shall consist of the following ordinary members, namely—

(a) seven producer members,

(b) two retailer members, and

(c) three wholesale members.

10. The 1st day of October, 1936, is hereby appointed to be for the purposes of Part II of the Act the appointed day in respect of the joint (sale and supply) district to which this Order relates.

11. The 1st day of March, 1937, is hereby appointed to be for the purposes of Part II of the Act the day of entry on office of first elected members in respect of the joint (sale and supply) district to which this Order relates.

SCHEDULE.

JOINT (SALE AND SUPPLY) DISTRICT TO WHICH THIS ORDER RELATES.

PART I.

SALE DISTRICT.

The area consisting of the county borough of Dublin, the administrative county of Dublin, and the urban district of Bray.

PART II.

PRODUCTION DISTRICT.

The area consisting of the county borough of Dublin, and the administrative counties of Dublin, Wicklow, Kildare, Meath, and Louth.

Given under my Seal of Office this eighth day of September 1936.

(Signed) SÉAMAS O RIAIN,

Minister for Agriculture.