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35 1939

PIGS AND BACON (AMENDMENT) ACT, 1939

PART II.

The Pigs and Bacon Commission.

Establishment of the Pigs and Bacon Commission.

4. —(1) On the transfer date there shall be established a body (in this Act referred to as the Commission) to be styled and known as the Pigs and Bacon Commission to fulfil the functions transferred and assigned to it by this Act.

(2) The Commission shall be a body corporate with perpetual succession and a common seal (which shall be judicially noticed) and power to sue and be sued in its corporate name and to hold and dispose of land.

(3) The Commission shall consist of three members, namely a chairman (in this Act referred to as the Chairman) and two ordinary members (in this Act referred to as ordinary members).

The Chairman of the Commission.

5. —(1) The Minister shall before the transfer date and thereafter as occasion requires nominate a person to be the Chairman.

(2) The Chairman shall hold office during the pleasure of the Minister.

(3) Whenever the Chairman is through ill-health or other sufficient cause temporarily incapacitated from performing the duties of his office, the Minister shall nominate a person (being one of the ordinary members) to perform during such incapacity the duties of the Chairman and the person so appointed shall during such incapacity have all the powers of the Chairman and be deemed for the purposes of this Act to be the Chairman, and shall also be deemed during such incapacity not to be an ordinary member.

(4) There shall be paid by the Commission to any person nominated under the immediately preceding sub-section such remuneration and such allowances for expenses as the Minister may appoint.

The ordinary members.

6. —(1) The Minister shall before the transfer date and thereafter as occasion requires appoint persons to be ordinary members.

(2) No person shall be appointed an ordinary member unless he has, for at least eight years, served, in an administrative or technical capacity, as an officer of the Minister.

(3) Every ordinary member shall hold office during the pleasure of the Minister.

(4) Whenever an ordinary member of the Commission is through ill-health or other sufficient cause temporarily incapacitated from performing the duties of his office, the Minister may appoint another person to act as an ordinary member for such period (not exceeding the duration of such incapacity) as he shall think proper, and every person so appointed shall during the period for which he is so appointed be an ordinary member of the Commission in place of such ordinary member, and such ordinary member shall during such period be deemed not to be an ordinary member of the Commission.

(5) Whenever an ordinary member is nominated by the Minister under sub-section (3) of the immediately preceding section to perform the duties of the Chairman during any period, the Minister may appoint another person to act as an ordinary member of the Commission during such period and any person so appointed shall during the period for which he is so appointed be an ordinary member of the Commission in the place of such ordinary member.

Prohibition of interests in certain businesses.

7. —(1) A member of the Commission shall not while he holds office, retain, purchase, take, or become or remain beneficially interested in, any shares or interest in any company or trading concern dealing in any way in pigs, pork, bacon or offals.

(2) A member of the Commission shall be deemed to have an interest within the meaning of and in contravention of the foregoing sub-section if he accepts or receives or continues to accept or receive any loan or any financial assistance or accommodation of any kind, direct or indirect, from any company or trading concern dealing in any way in pigs, pork, bacon or offals or from any director, officer, proprietor or shareholder of such company or concern.

(3) If any member of the Commission acts in contravention of this section, the Minister shall remove such member from office and shall not at any time thereafter re-appoint him to be a member of of the Commission.

Remuneration of members of the Commission.

8. —(1) The Chairman shall be paid by the Commission such remuneration and such allowances for expenses as the Minister may from time to time appoint.

(2) Each ordinary member shall be paid by the Commission such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for Finance, may from time to time appoint.

Offices and staff of the Commission.

9. —(1) The Commission may with the sanction of the Minister purchase, take on lease, build or otherwise acquire and may equip and maintain such offices and other premises in such places as it considers necessary for the due performance of its functions and may sell, lease or otherwise dispose of any premises vested in it which it considers to be no longer necessary for that purpose.

(2) The Minister shall as soon as may be necessary before the transfer date and thereafter as occasion requires appoint a person to be the secretary of the Commission.

(3) The Secretary of the Commission shall hold office during the pleasure of the Minister and shall be paid by the Commission such remuneration and such allowances for expenses as the Minister may from time to time appoint.

(4) The Commission may, with the sanction of the Minister, appoint such and so many officers (other than the secretary), servants, and agents as the Commission shall from time to time consider necessary for the due performance of its functions and every officer, servant, and agent so appointed shall hold office upon such terms and subject to such conditions as the Commission with the sanction of the Minister shall determine.

(5) There shall be paid by the Commission to the officers (other than the secretary), servants and agents of the Commission such remuneration and allowances for expenses as the Commission with the sanction of the Minister may from time to time appoint.

Civil Servants seconded to the Commission.

10. —Where a person serving in the Civil Service of the Government is appointed (either in a whole-time or part-time capacity) a member or officer of the Commission, the Commission shall recoup to the Exchequer in such manner as the Minister for Finance may direct the salary of such person or such proportion thereof as the said Minister shall determine and also such charges in respect of superannuation and other allowances and gratuities payable under the Superannuation Acts for the time being in force to or in respect of such person as the said Minister shall determine to be proper.

Prohibition on disclosure of information by members and officers of the Commission.

11. —(1) Subject to the provisions of this section, it shall not be lawful for any member or officer of the Commission to disclose any information in relation to the business of any other person obtained by him in his capacity as such member or officer.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(3) Nothing in sub-section (1) of this section shall apply to the disclosure of any information for the purposes of any legal proceedings (whether civil or criminal) taken or proposed to be taken under the Acts of 1935 and 1937 or this Act or for the purposes of any arbitration under section 39 of the Act of 1937.

Procedure of the Commission.

12. —(1) The quorum for a meeting of the Commission shall be two.

(2) No meeting of the Commission shall be held unless the Chairman is present.

(3) Every question at a meeting of the Commission shall be determined by a majority of the members present and voting on the question, and in case of an equal division of votes the Chairman shall have a second or casting vote.

(4) The Commission may act notwithstanding one vacancy amongst the ordinary members.

(5) The Commission shall regulate with the approval of the Minister by standing orders or otherwise the procedure to be observed and the business to be transacted at its meetings.

Minutes of meetings of the Commission.

13. —The Commission shall keep in a book to be provided by it for the purpose, minutes of the proceedings at every meeting of the Commission, and all such minutes shall be signed either at the meeting to which they relate by the Chairman or at the next meeting by the Chairman, and when so signed shall be admitted in evidence.

The seal of the Commission.

14. —(1) The Commission shall provide and have a common seal.

(2) The seal of the Commission shall be authenticated by the signature of the Chairman.

(3) Every document purporting to be an order or other instrument issued or made by the Commission and to be sealed with the seal of the Commission authenticated in the manner provided by this section shall be received in evidence and shall, until the contrary is shown, be deemed to be such order or instrument without proof of the authority or signature of the person signing the same.

Accounts, records and reports of the Commission.

15. —(1) The Commission shall keep all proper books of accounts and other books and records and shall within six months after the end of every year prepare and transmit to the Minister and to every licensee, a statement of accounts (duly audited and certified by an auditor appointed by the Commission with the consent and approval of the Minister) in respect of such year and the Minister shall lay such statement of accounts before each House of the Oireachtas.

(2) The Commission shall in each year, at such date and in such form as the Minister may direct, make to the Minister a report of its proceedings during the preceding year and the Minister shall lay such report before each House of the Oireachtas.

(3) The Commission shall furnish to the Minister, in such form as the Minister may direct, such information, statistics and returns as the Minister may from time to time require.

(4) The Commission shall on payment of one shilling furnish to any person a copy of any statement of accounts which has been prepared in pursuance of this section.

The General Fund of the Pigs and Bacon Commission, the Bacon (Price Stabilisation) Fund and the Pigs (Insurance) Fund.

16. —(1) The Commission shall keep and maintain and manage in accordance with this Part of this Act—

(a) a fund (in this Act referred to as the General Fund) to be called and known as the General Fund of the Pigs and Bacon Commission; and

(b) a fund (in this Act referred to as the Stabilisation Fund) to be called and known as the Bacon (Price Stabilisation) Fund; and

(c) a fund (in this Act referred to as the Insurance Fund) to be called and known as the Pigs (Insurance) Fund.

(2) The following provisions shall apply and have effect in relation to each fund kept by the Commission in pursuance of this section—

(a) there shall be paid into such fund all moneys received by the Commission which are required by this Act to be paid into such fund;

(b) there shall be paid out of such fund all moneys which the Commission are required by this Act to pay out of such fund, and no other moneys;

(c) the Commission may, for the purpose of meeting charges required by this Act to be paid out of such fund, borrow on the security of such fund to such extent as may be sanctioned by the Minister;

(d) so much of such fund as in the opinion of the Commission is for the time being not immediately required for the payment of sums payable out of such fund under this Act shall be invested by the Commission in authorised Irish securities;

(e) the Commission may from time to time at their discretion vary or transpose any moneys (being part of such fund) invested under this sub-section into other investments authorised under this section, and may at any time sell and convert into money all or any investments made by them under this sub-section;

(f) all dividends and interest received by the Commission on investments (being part of such fund) made by them under this sub-section or in respect of the sale of any such investments shall be paid into such fund.

(3) For the purposes of sub-section (2) of this section each of the following shall be an authorised Irish security, that is to say:—

(a) any security charged on the Central Fund;

(b) any security the interest of which is guaranteed by the Minister for Finance;

(c) the stock of the Bank of Ireland;

(d) any stock, issued or to be issued by a local authority in the State, which is a security in which trustees are by the law for the time being in force authorised to invest trust funds.

Payments to be made out of the General Fund.

17. —There shall be paid out of the General Fund all moneys required or permitted by this Act to be paid by the Commission (other than moneys required by this Act to be paid out of the Stabilisation Fund or the Insurance Fund) and all expenses incurred by the Commission under the Acts of 1935 and 1937 and this Act.

Regulations.

18. —(1) The Commission may make regulations in relation to any matter or thing referred to in this Act as prescribed.

(2) Every regulation made by the Commission under this section shall be laid before both Houses of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything done previously under such regulation.

Evidence in proceedings by or against the Commission.

19. —(1) In any legal proceedings (including proceedings continued by this Act) by or against the Commission prima facie evidence of any order or regulation made by the Bacon Marketing Board, the Pigs Marketing Board or the Commission may be given by the production of a copy of the Iris Oifigiúil purporting to contain such order or regulation.

(2) A certificate purporting to be under the hand of the Secretary of the Commission certifying that a person named in such certificate was during a specified period a licensee shall be prima facie evidence of the matters so certified, and no proof shall be required of the handwriting or the official position of the person certifying the same.

(3) In any proceedings taken, by the Commission against a person who is or was a licensee prima facie evidence of all or any matters contained in a return made by or on behalf of such person in pursuance of section 112 or section 151 of the Act of 1935 or this Act may be given by the production of such return.

Prosecution of offences.

20. —(1) Any offence under any section contained in Parts III and IV of the Act of 1935, or in Parts III and IV of the Act of 1937 (whether committed before or after the transfer date) may, on or after the transfer date, be prosecuted by or at the suit of the Commission as prosecutor.

(2) Any offence under any section contained in this Act may be prosecuted by or at the suit of the Commission as prosecutor.

(3) Proceedings for an offence which may by virtue of this section be prosecuted by or at the suit of the Commission as prosecutor shall not on or after the transfer date be instituted except by or with the consent of the Commission.