Industrial Research and Standards Act, 1946
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —This Act may be cited as the Industrial Research and Standards Act, 1946.
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paragraphs: —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.
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paragraphs: —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.
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paragraphs: —(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.
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paragraphs: —(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.
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paragraphs: —(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.
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paragraphs: —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.
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paragraphs: —(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.
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paragraphs: —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.
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paragraphs: —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.
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paragraphs: —(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.
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paragraphs: —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.
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paragraphs: —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.
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paragraphs: —(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.
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paragraphs: —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.
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paragraphs: —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.
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paragraphs: —(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.
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paragraphs: —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.
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paragraphs: —(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.
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paragraphs: —(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.
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paragraphs: —(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.
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paragraphs: —(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 “CaighdeÃ¡n Ãireannach” or the initials “C.Ã.” 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.
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paragraphs: —(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.
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paragraphs: —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.
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paragraphs: —(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 “CaighdeÃ¡n”, or the word “Standard”, or the initials “C.Ã.” 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.
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paragraphs: —(1) A company shall not be registered under the Companies Acts, 1908 to 1924, after the passing of this Act by a name containing or consisting of the word “CaighdeÃ¡n” or the word “Standard” or the initials “C.Ã.” 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 company by a name similar to that by which any predecessor in business of that company was, immediately before the passing of this Act, registered under the Companies Acts, 1908 to 1924, or the Registration of Business Names Act, 1916.
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paragraphs: —No trade mark or design shall be registered under the Industrial and Commercial Property (Protection) Acts, 1927 and 1929, after the passing of this Act if it contains or consists of the word “CaighdeÃ¡n” or the word “Standard” or the initials “C.Ã.” or “I.S.” or if it so nearly resembles any such word or initials or any standard mark as to be likely to deceive or to cause confusion.
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paragraphs: —An offence under the Merchandise Marks Acts, 1887 to 1931, or under section 22 of this Act, in relation to a standard mark or standard specification or a licence under that section may be prosecuted by or at the suit of the Minister as prosecutor.
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paragraphs: —(1) As soon as may be after the passing of this Act the Industrial Research Committee shall provide and retain in their possession a seal for the Institute.
(2) The seal of the Institute shall, when affixed to any document, be authenticated by the signature of the chairman of the Industrial Research Committee or some other member thereof authorised in that behalf by the said Committee.
(3) All courts of justice shall take judicial notice of the seal of the Institute, and every document purporting to be sealed with the seal of the Institute and to be authenticated in accordance with this section shall, unless the contrary is proved, be deemed to have been duly and lawfully so sealed and shall unless as aforesaid be received in evidence without further proof and, in particular, without proof of any signature affixed to such document for the purpose of such authentication and without proof of the office or authority of the person whose signature such signature purports to be.
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paragraphs: —(1) For the purpose of providing offices and premises necessary for the performance of its functions, the Institute may—
(a) purchase or take on lease any land,
(b) build, equip and maintain offices and premises.
(2) There may be paid to the Institute, from time to time, out of moneys provided by the Oireachtas, grants of such amounts as the Minister, with the concurrence of the Minister for Finance, may sanction towards defraying the whole or any part of the capital cost of land, buildings and equipment for the Institute.
(3) As soon as may be after the passing of this Act, and thereafter at the request of the Minister, the Industrial Research Committee shall prepare and submit to the Minister proposals for the provision and equipment of offices and premises for the Institute.
(4) The Institute may sell or lease any land, offices or premises held by it and no longer required for the performance of its functions.
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paragraphs: —(1) The Institute may employ such staff as is necessary for the performance of its functions.
(2) The members of the staff of the Institute shall be appointed and removed by the Director, with the approval of the Industrial Research Committee.
(3) The numbers, grades, remuneration, tenure of office and conditions of service of the members of the staff of the Institute shall be determined from time to time by the Director, with the approval of the Minister, given after consultation with the Minister for Finance, but approval shall not be required in respect of persons proposed to be employed for a period of less than twelve months.
(4) No person shall be appointed to an office or situation in a clerical grade of the service of the Institute unless, in the opinion of the Industrial Research Committee, he possesses a competent knowledge of Irish, and in making an appointment to any other office or situation in the said service preference shall be given to a person who, in the opinion of the said Committee, possesses a competent knowledge of Irish.
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paragraphs: —(1) As soon as conveniently may be after the passing of this Act the Institute shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities, and other allowances on retirement to the Director and the permanent staff of the Institute.
(2) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for Finance, be carried out by the Institute in accordance with its terms.
(3) The Institute may at any time, with the approval of the Minister, given with the concurrence of the Minister for Finance, amend a scheme under this section.
(4) A scheme submitted and approved of under this section shall fix the time and conditions of retirement for all persons to whom pensions, gratuities, or allowances on retirement are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision thereon shall be final.
(6) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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paragraphs: —(1) The Institute may, with the approval of the Minister, provide scholarships and other awards for the training of persons in industrial research.
(2) The Institute may render such assistance, financial or otherwise, as it thinks proper to persons undertaking research of a kind which the Institute is itself authorised to undertake.
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paragraphs: —(1) In the financial year current at the passing of this Act and in every subsequent financial year, there shall be paid to the Institute out of moneys provided by the Oireachtas a grant of fifteen thousand pounds towards the expenses of the administration of the Institute.
(2) There may be paid to the Institute, out of moneys provided by the Oireachtas, grants of such amounts as the Minister, with the concurrence of the Minister for Finance, may sanction for defraying the whole or any part of the costs of special investigations undertaken by the Institute, including the cost of any special equipment.
(3) For the purposes of subsection (2) of this section, the Industrial Research Committee shall prepare and submit to the Minister, in each year, a programme and estimate of income and expenditure of the Institute in connection with special investigations.
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paragraphs: —The Institute shall have power to charge, receive and recover fees for researches, tests, investigations and analyses undertaken by the Institute on behalf of any person, other than the Minister.
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paragraphs: —(1) The Institute may accept gifts of money, land or other property, upon such trusts and conditions, if any, as may be specified by the person making the gift.
(2) The Institute shall not accept any gift if the conditions attached by the donor to the acceptance thereof are inconsistent with the functions of the Institute.
(3) Gifts accepted by the Institute under this section shall be received and applied by the Industrial Research Committee.
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paragraphs: —(1) The Industrial Research Committee shall administer the financial affairs of the Institute and for that purpose all money payable under this Act or otherwise to the Institute shall be paid to the said Committee and all disbursements made by or on behalf of the Institute shall be made by the said Committee.
(2) The Industrial Research Committee shall keep, in such form as shall be approved of by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all money received or expended by them, and in particular shall keep in such form as aforesaid all such special accounts as the Minister of his own motion or at the request of the Minister for Finance shall from time to time direct.
(3) Accounts kept in pursuance of this section shall be submitted annually by the Industrial Research Committee to the Comptroller and Auditor General for audit at such time as the Minister, with the concurrence of the Minister for Finance, shall direct and the said accounts, when so audited, shall, together with the report of the Comptroller and Auditor General thereon, be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.
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paragraphs: —(1) The Industrial Research Committee shall, in every financial year, prepare a draft report of the work of the Institute in the preceding financial year and a general programme of future work.
(2) The Industrial Research Committee shall submit the report and programme prepared under subsection (1) of this section to the Director and the Council, and the Council shall consider the draft report and programme and, within two months of the receipt thereof by them, submit any observations they may desire to make thereon to the said Committee.
(3) The Industrial Research Committee shall consider the observations of the Council on the draft report and programme and prepare a final report and programme for presentation to the Minister.
(4) A copy of every report submitted by the Industrial Research Committee to the Minister under this section shall, within two months of its receipt from the said Committee, be submitted to the Government and laid before each House of the Oireachtas.
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paragraphs: —(1) This section applies to the Industrial Research Committee and to the Standards Committee and the word “Committee” shall be construed herein accordingly.
(2) A Committee may from time to time with the approval of the Minister publish scientific and technical information in the name of the Institute.
(3) Each Committee shall submit to the Minister such information regarding its activities as the Minister may from time to time require.
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paragraphs: —No action or proceeding shall lie (except in the case of wilful neglect or default) against the Institute or any of its members, officers or servants by reason of, or arising out of, the carrying out of any research, investigation, test or analysis in accordance with this Act or the publication by the Institute of the results thereof.