Sugar Order, 1949.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: —(1) This Order may be cited as the Sugar Order, 1949.
(2) This Order shall come into operation on the 1st day of April, 1949.
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paragraphs: —(1) In this Order—
the expression " authorised officer " means a person who is an authorised officer for the purposes of the General Rationing Provisions Order ;
the expression " by retail ", when used in relation to the sale of sugar, means sale to a person who buys otherwise than for the purpose of selling it again, and has no reference to the terms of any such sale ;
the expression " by wholesale ", when used in relation to the sale of sugar, means sale to a person who buys for the purpose of selling again, and has no reference to the terms of any such sale ;
the word " coupon " means a coupon which forms or formed part of a ration book ;
the expression " domestic consumer " means a person who purchases sugar otherwise than for the purpose of selling it again, but does not include :—
(a) a Minister as such, or
(b) a local authority, or
(c) the head of an institution as such, or
(d) the proprietor (as such) of a hotel, restaurant, cafe, tea room, canteen or club, or
(e) a person who is engaged, by way of trade (as such) in the production of any commodity of which sugar is a raw material or any commodity the process of manufacture whereof involves the use of sugar ;
the expression " general ration book " means a ration book issued under the General Rationing Provisions Order and consisting of a number of pages containing coupons, but does not include a special ration book ;
the expression " the General Rationing Provisions Order " means the Emergency Powers (General Rationing Provisions) Order, 1944 (S. R. & O. No. 130 of 1944) ;
the word " institution " includes a hospital, sanatorium, convalescent home, nursing home, school, college, convent, monastery and any similar institution ;
the expression " licensed retail sugar shop " means a shop to which a sugar retailer's licence granted or deemed to be granted under this Order or under the Emergency Powers (Sugar) (Registration of Manufacturing Consumers and Licensing of Wholesalers and Retailers) Order, 1942 (S. R. & O. No. 292 of 1942) applies ;
the expression " licensed sugar retailer " means a person who is the holder of a sugar retailer's licence granted or deemed to be granted under this Order or under the Emergency Powers (Sugar) (Registration of Manufacturing Consumers and Licensing of Wholesalers and Retailers) Order, 1942 (S. R. & O. No. 292 of 1942) ;
the expression " licensed sugar wholesaler " means a person who is the holder of a sugar wholesaler's licence granted or deemed to be granted under this Order or under the Emergency Powers (Sugar) (Registration of Manufacturing Consumers and Licensing of Wholesalers and Retailers) Order, 1942 (S. R. & O. No. 292 of 1942) ;
the expression " the Minister " means the Minister for Industry and Commerce ;
the word " proprietor " means in relation to a shop, the person who carries on business at that shop ;
the expression " ration book ", when used without qualification, means a general ration book, a special ration book, or a ration card ;
the expression " ration card " means a ration card issued under the General Rationing Provisions Order and marked with the words " Food Ration Card ";
the expression " ration period " means any period declared by a supplemental Order to be a ration period for the purposes of this Order ;
the expression " ration week " means a period of seven consecutive days commencing on a Saturday ;
the expression " special ration book " means a ration book issued under the General Rationing Provisions Order and marked with the words " Special Ration Book ";
the word " sugar " does not include molasses, treacle, glucose or lactose or any sugar which has been subjected to chemical processes resulting in inversion ;
the expression " sugar retailer " means a person who carries on the business of selling sugar for any purpose other than for resale by wholesale or resale by retail, whether he does or does not carry on the business of selling sugar by wholesale ;
the expression " sugar wholesaler " means a person who carries on the business of selling sugar by wholesale, whether he does or does not carry on the business of selling sugar by retail ;
the expression " supplemental order " means an Order made by the Minister and supplemental to this Order.
(2) For the purposes of this Order—
(a) the registration page applicable to a particular ration period of a general ration book shall be that page which is declared by a supplemental Order to be applicable to such ration period ;
(b) the registration page of a special ration book shall be the page containing coupons marked with the words " SiÃºcre—Sugar ".
(3) For the purposes of this Order—
(a) each of the following coupons shall be a sugar coupon, that is to say :—
(i) each coupon forming part of page 1 of a general ration book and marked with the words " SiÃºcre—Sugar ".
(ii) any coupon (other than a coupon marked with the word " Cancelled " or the word " Invalid "), which forms part of a general ration book and is declared by a supplemental Order to be a sugar coupon for the purposes of this Order,
(iii) each coupon (other than a coupon marked with the word " Cancelled " or the word " Invalid "), forming part of page 1 of a special ration book,
(iv) the coupon marked with the words " SiÃºcre—Sugar " forming part of a ration card ;
(b) references in this Order to the sugar coupon of a domestic consumer shall be construed as references to a sugar coupon forming part of the ration book of such consumer.
(4) For the purposes of this Order each sugar coupon forming part of a general ration book shall be valid only for the ration week for which it is declared by a supplemental Order to be valid.
(5) For the purposes of this Order the exchange value of a sugar coupon during any ration week shall be three-quarters of one pound of sugar or such quantity of sugar declared by a supplemental Order to be the exchange value of a sugar coupon during that ration week.
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paragraphs: Where a sample of sugar is procured at a shop under section 13 of the Sale of Food and Drugs Act, 1875, this Order shall not apply in respect of such sugar.
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paragraphs: —(1) Subject to the provisions of this Article, the Minister, in his absolute discretion, may from time to time grant to any person a permit (in this Order referred to as a sugar permit) authorising such person to purchase sugar.
(2) The Minister may attach to a sugar permit such conditions (including conditions subsequent) as he thinks fit, and such conditions may, in addition to conditions (in this Order referred to as purchaser's conditions) to be complied with by the holder thereof, include conditions (in this Order referred to as seller's conditions) to be complied with by a person selling sugar to the holder thereof when purchasing it under the authority of such sugar permit.
(3) Any permit granted under Article 5 of the Emergency Powers (Rationing of Sugar) Order, 1942 (S. R. & O. No. 294 of 1942), or under Article 5 of the Emergency Powers (Sugar) Order, 1943 (S. R. & O. No. 90 of 1943), other than a permit bearing the endorsement " M. C.", " C. A." or " B. P." and in force immediately before the commencement of this Order shall be deemed for the purpose of this Order to be a sugar permit.
(4) A sugar permit which authorised the purchase of a specific quantity of sugar in successive months shall, as respects the month of April, 1949, or any subsequent month, be valid for the purchase of the quantity of sugar so authorised for purchase in the month of March, 1949.
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paragraphs: Any act required or authorised by this Order to be done by a person may, in the case of a person under the age of 16 years, be done on his behalf by one of his parents or by his guardian or by the person having custody of him, and, in the case of a person prevented by infirmity of mind or body from doing such act, by a person acting on his behalf or the person in charge of him.
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paragraphs: The Orders set out in the First Schedule hereto are hereby revoked.
PART II.PROVISIONS RELATING TO DOMESTIC CONSUMERS.
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paragraphs: Where—
(a) sugar is sold at any shop to an authorised officer or to a person authorised by an authorised officer to purchase sugar, and
(b) it is proved that such sugar was purchased by such officer or person for the purpose of detecting breaches of this Order,
the said sale shall not, for the purpose of this Order, be regarded as a sale effected under and in accordance with a sugar permit.
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paragraphs: Where, before or during the currency of a ration period, the holder of a general ration book applies at a licensed retail sugar shop to be registered as a sugar customer at the shop and produces his ration book and the registration page thereof applicable to that ration period, the following provisions shall have effect, that is to say :—
(a) (i) in case the application is made before the commencement of that ration period and the applicant is then registered, under this Article, as a sugar customer at the shop, the licensee shall grant the application,
(ii) in any other case, the licensee may grant or refuse the application,
(b) where the licensee grants the application he shall do the following things—
(i) if the name and address of the applicant are not already entered in the appropriate place in the said registration page, cause them to be entered therein.
(ii) retain the said registration page,
(iii) enter in the first vacant space on the inside of the cover of the said ration book if they are not already entered therein, his name and the address of the shop, the words and figures " page (the number of the said registration page) deposited " and the date of deposit.
(iv) return the said ration book to the applicant
and thereupon the applicant shall, so long as the said registration page is retained at the shop, be deemed, for the purposes of this Order, to be registered during the said ration period as a sugar customer at the shop.
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paragraphs: Where the holder of a special ration book applies at a licensed retail sugar shop to be registered as a sugar customer at the shop and produces his ration book and the registration page thereof, the following provisions shall have effect, that is to say—
(a) The licensee may grant or refuse the application,
(b) where the licensee grants the application, he shall do the following things—
(i) if the name and address of the applicant are not entered in the appropriate place in the said registration page, cause them to be entered therein.
(ii) retain the said registration page,
(iii) enter in the first vacant space on the inside of the cover of the said ration book, if they are not already entered therein, his name and the address of the shop, the words " sugar page " and figure " page 5 deposited ", and the date of deposit,
(iv) return the said ration book to the applicant,
and thereupon the applicant shall, so long as the said registration page is retained at the shop and any sugar coupon attached thereto remains unused, be deemed, for the purposes of this Order, to be registered as a sugar customer at the shop.
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paragraphs: —(1) Where a person satisfies the Minister or an authorised officer that he has made reasonable efforts to effect registration under Article 8 or Article 9 of this Order but has been unable to do so, the Minister or such authorised officer may require the licensee of any licensed retail sugar shop to grant an application duly made by such person for registration as a sugar customer at the shop, and the licensee shall grant such application.
(2) Where a person registered under Article 8 or Article 9 of this Order as a sugar customer at a licensed retail sugar shop dies—
(a) the person having possession of the general ration book or the special ration book of the deceased shall, within seven days after the date of the death, notify the licensee of the shop of the death and thereupon the licensee shall deliver to him the registration page of the said ration book,
(b) upon such registration page having been so delivered, either—
(i) if the death did not result from an infectious or contagious disease, the persons to whom such registration page was so delivered shall forthwith send it to the Minister with a notification of the death, or
(ii) if the death resulted from an infectious or contagious disease, such registration page shall be disposed of in such manner as the Medical Officer of Health of the area in which the death took place may direct.
(3) Where a person registered under Article 8 or Article 9 of this Order as a sugar customer at a licensed retail sugar shop leaves the State, he shall take his registration page lodged at such shop with him and for that purpose shall withdraw it from such shop.
(4) Where a person has failed to comply with paragraph (3) of this Article, the head of the household where he resided immediately before leaving the State shall withdraw the relevant registration page and deliver it to the Minister within four weeks after the departure of such person.
(5) Where a person registered under Article 8 or Article 9 of this Order as a sugar customer at a licensed retail sugar shop joins the Defence forces, he shall hand up his registration page lodged at such shop to the military authorities and for that purpose shall withdraw it from such shop.
(6) Where a person has failed to comply with paragraph (5) of this Article, the head of the household where he resided immediately before joining the Defence Forces shall withdraw the relevant registration page and deliver it to the Minister within four weeks after such person joined the Defence Forces.
(7) Where a page of a general ration book or a special ration book of any person is lodged at any licensed retail sugar shop under Article 8 or Article 9 of this Order, the licensee of the shop shall, if so requested by such person or the head of a household authorised by this Article to withdraw the page, return the page to such person or head of a household.
(8) The licensee of a licensed retail sugar shop shall not return the page of a general ration book, lodged at such shop under Article 8 or Article 9 of this Order, to the holder thereof unless under paragraph (7) of this Article or when directed by the Minister or an authorised officer.
(9) A reference in any previous paragraph of this Article to the head of a household shall be construed in like manner as a reference to the head of a household is construed in the Emergency Powers (General Rationing Provisions) Order, 1944 (S. R. & O. No. 130 of 1944).
(10) An authorised officer may request any domestic consumer (who shall comply with such request) to state :—
(a) whether he is registered under Article 8 or Article 9 of this Order as a sugar consumer at any licensed retail sugar shop, and
(b) if he is so registered, the name of the licensee of such shop and its location.
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paragraphs: A domestic consumer shall not purchase or acquire sugar at any place other than a licensed retail sugar shop or from any person other than a licensed sugar retailer.
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paragraphs: —(1) Where a licensed sugar retailer supplies, on foot of a sugar coupon, any sugar to a domestic consumer during a ration week the following provisions shall have effect, that is to say—
(a) if such domestic consumer is the holder of a general ration book, the said retailer shall at the end of that ration week detach the sugar coupon of that domestic consumer which is valid for that week and also, if the said retailer has during that week supplied to that domestic consumer, under paragraph (2) of the immediately preceding Article, any sugar in excess of the exchange value of a sugar coupon during that ration week, the sugar coupon of that domestic consumer valid for the next following ration week, and thereupon the said sugar coupon or sugar coupons shall be deemed to have been surrendered to the said retailer,
(b) if such domestic consumer is the holder of a special ration book, the said retailer shall at the end of that ration week detach one sugar coupon of that domestic consumer, and thereupon the said sugar coupon shall be deemed to have been surrendered to the said retailer.
(c) if such domestic consumer is the holder of a ration card, the said retailer shall, at the time of sale, request such domestic consumer (who shall comply with the request) to surrender to him the sugar coupon forming part of the ration card, and the said retailer shall, upon such surrender, cancel the said sugar coupon.
(2) Where any sugar coupon is surrendered under sub-paragraph (a) or sub-paragraph (b) of paragraph (1) of this Article to a licensed sugar retailer, he may, notwithstanding anything contained in sub-paragraph (c) of paragraph (2) of Article 21 of the General Rationing Provisions Order, detach such coupon from the registration page of the ration book of which the said coupon forms part.
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paragraphs: Where a domestic consumer resides in an institution for five or more consecutive nights in any ration week, the head of such institution shall request such domestic consumer (who shall comply with the request) to surrender to him—
(a) if such domestic consumer is the holder of a general ration book, the sugar coupon, valid for that week, of such domestic consumer.
(b) if such domestic consumer is the holder of a special ration book one sugar coupon of such domestic consumer.
(c) if such domestic consumer is the holder of a ration card to which a sugar coupon is attached, the said sugar coupon.
PART III.PROVISIONS RELATING TO INSTITUTIONS.
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paragraphs: —(1) The head of an institution shall not purchase or acquire sugar for the purposes of such institution from any person other than a licensed sugar retailer.
(2) The head of an institution shall not purchase or acquire sugar for the purposes of such institution nor shall a licensed sugar retailer sell or dispose of sugar or offer to sell sugar to such head for the said purposes, except under and in accordance with this Article or under and in accordance with a sugar permit granted to such head.
(3) The head of an institution may purchase or acquire from a licensed sugar retailer and such retailer may sell to such head a quantity of sugar if such head surrenders to such retailer a number of sugar coupons, the exchange value for the time being of which is not less than the quantity of such sugar.
PART IV.SUGAR WHOLESALERS AND RETAILERS.
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paragraphs: —(1) Where a person carries on the business of selling sugar by retail but does not keep any shop to which customers resort for the purchase and delivery to them thereat of sugar, the following provisions shall, for the purpose of this Order, have effect, that is to say :—
(a) any premises at which orders for the sale by retail of sugar by him are received and dealt with shall be deemed to be a shop,
(b) he shall be deemed to carry on the business of selling sugar by retail at those premises.
(2) Where a licensed hawker carries on the business of selling sugar by retail from a vehicle, the following provisions shall, for the purposes of this Order, have effect, that is to say:—
(a) such hawker shall be deemed to carry on such business at the premises at which such vehicle is ordinarily kept,
(b) such premises shall be deemed to be a shop,
(c) such hawker shall be deemed to be the proprietor of such premises.
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paragraphs: —(1) Any sugar wholesaler may apply to the Minister for a licence (in this Order referred to as a sugar wholesaler's licence) authorising him to carry on the business of selling sugar by wholesale, and every such application shall—
(a) be made in such form and contain such particulars as the Minister may direct, and
(b) be sent to the Secretary, Department of Industry and Commerce, Dublin.
(2) On receipt of an application under paragraph (1) of this Article and on payment by the applicant of the fee directed by the Minister for Finance to be paid in respect of a sugar wholesaler's licence, the Minister may, as he thinks fit, grant or refuse to grant the licence applied for.
(3) The Minister may attach to any sugar wholesaler's licence such conditions as he thinks fit, and where any conditions are attached to a sugar wholesaler's licence the licensee shall comply therewith.
(4) No sugar wholesaler's licence shall be transferable.
(5) Any licence granted under Article 3 of the Emergency Powers (Sugar) Order, 1941 (S. R. & O. No. 360 of 1941), or under Article 9 of the Emergency Powers (Sugar) (Registration of Manufacturing Consumers and Licensing of Wholesalers and Retailers) Order, 1942 (S. R. & O. No. 292 of 1942), and in force immediately before the commencement of this Order shall continue in force and shall be deemed to be a sugar wholesaler's licence granted under this Article.
(6) References in this Order to a licensed sugar wholesaler shall be construed as references to a person who is the holder of a sugar wholesaler's licence for the time being in force.
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paragraphs: —(1) The proprietor of any shop at which there is carried on the business of a sugar retailer may apply to the Minister for a licence (in this Order referred to as a sugar retailer's licence) authorising him to carry on the business of a sugar retailer at that shop, and every such application shall—
(a) be made in such form and contain such particulars as the Minister may direct, and
(b) relate to one shop only, and
(c) be sent to the Secretary, Department of Industry and Commerce, Dublin.
(2) On receipt of an application under paragraph (1) of this Article, and on payment by the applicant of the appropriate fee directed by the Minister for Finance to be paid in respect of a sugar retailer's licence, the Minister may, as he thinks fit, grant or refuse to grant the licence applied for.
(3) The Minister may attach to any sugar retailer's licence such conditions as he thinks fit, and wherever any conditions are attached to a sugar retailer's licence the licensee shall comply therewith.
(4) No sugar retailer's licence shall be transferable.
(5) Any licence granted under Article 4 of the Emergency Powers (Sugar) Order, 1941 (S. R. & O. No. 360 of 1941), or under Article 10 of the Emergency Powers (Sugar) (Registration of Manufacturing Consumers and Licensing of Wholesalers and Retailers) Order, 1942 (S. R. & O. No. 292 of 1942), and in force immediately before the commencement of this Order shall continue in force and shall be deemed to be a sugar retailer's licence granted under this Article.
(6) References in this Order to a licensed sugar retailer shall be construed as references to a person who is the holder of a sugar retailer's licence for the time being in force.
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paragraphs: No person, other than a licensed sugar wholesaler, shall—
(a) purchase sugar for sale by wholesale, or
(b) sell sugar by wholesale, or
(c) carry on the business of selling sugar by wholesale.
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paragraphs: —(1) No person, other than a licensed sugar retailer, shall—
(a) purchase sugar for sale by retail, or
(b) sell sugar by retail, or
(c) carry on the business of selling sugar by retail.
(2) No person shall sell sugar by retail or carry on the business of selling sugar by retail at any premises unless he is the holder of a sugar retailer's licence in respect of those premises.
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paragraphs: No licensed sugar wholesaler shall sell by wholesale any sugar to any person other than a licensed sugar wholesaler or a licensed sugar retailer.
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paragraphs: —(1) Every person who carries on, or is employed in connection with, the business of selling sugar by retail at any shop is hereby required, from time to time—
(a) to produce, at the request of an authorised officer, to such authorised officer any books or documents relating to the purchase and sale or disposition of sugar for the purposes of such business at that shop, which are in the power, possession or procurement of such person, and to permit such authorised officer to inspect and take extracts from such books or documents, and to give to such authorised officer any information, which such authorised officer may reasonably require, in regard to any entries in such books or documents,
(b) to afford to an authorised officer all reasonable facilities for the examination, inspection and taking stock of any sugar carried in connection with such business,
(c) to give to an authorised officer any information, which such authorised officer may reasonably require, in regard to the purchase, acquisition, sale, disposal or storage (whether at such shop or elsewhere) of sugar for the purposes of such business.
(2) Every person who carries on, or is employed in connection with, the business of selling sugar by wholesale is hereby required on the request of an authorised officer from time to time—
(a) to produce, at the request of an authorised officer, to such authorised officer any books or documents relating to the purchase and sale or disposition of sugar for the purposes of such business, which are in the power, possession, or procurement of such person and to permit to such authorised officer to inspect and take extracts from such books or documents, and to give to such authorised officer any information, which such authorised officer may reasonably require, in regard to any entries in such books or documents,
(b) to afford to an authorised officer all reasonable facilities for the examination, inspection and taking stock of any sugar carried in connection with such business,
(c) to give to an authorised officer any information which such authorised officer may reasonably require, in regard to the purchase, acquisition, sale, disposal or storage of sugar for the purposes of such business.
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paragraphs: —(1) The Minister may, whenever and so often as he thinks fit, serve on any person who carries on the business of selling sugar by wholesale or retail a notice requiring such person to furnish to the Minister at such times as may be specified in the notice, periodical or other returns containing such particulars relating to such business as may be specified in the notice.
(2) A notice under this Article may require any return to be made thereunder to be in a form specified in the notice.
(3) Where a notice under this Article is served on any person such person shall comply with the requirements of such notice.
PART V.PROVISIONS RELATING TO LICENSED SUGAR RETAILERS AND WHOLESALERS.
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paragraphs: In this Part of this Order, the word " sugar trader " means a person who is a licensed sugar retailer or a licensed sugar wholesaler.
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paragraphs: —(1) A licensed sugar retailer may—
(a) surrender, in accordance with this Article, to the Minister any sugar coupons upon which he has lawfully supplied sugar during a particular month and which have been cancelled by him,