No. 11/1954:

INDUSTRIAL RESEARCH AND STANDARDS (AMENDMENT) ACT, 1954

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Standard specifications.

3 Publication of notice of standard specification.

4 Evidence of standard specifications.

5 Standard marks.

6 Register of Standard Specifications.

7 Use of Seal of Institute.

8 Remuneration of members of Committees.

9 Casual vacancies on the Council.

10 Employment of staff.

11 Annual grant.

12 Consequential repeals.

13 Short title and collective citation,.

AN ACT TO AMEND THE INDUSTRIAL RESEARCH AND STANDARDS ACT, 1946 .

[10th March, 1954.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

"the Act of 1946" means the Industrial Research and Standards Act, 1946 (No. 25 of 1946);

"the Minister" means the Minister for Industry and Commerce.

(2) This Act shall be construed as one with the Act of 1946.

2.—(1) The Institute shall formulate specifications for such commodities, processes and practices as the Minister may from time to time request.

(2) In formulating specifications the Institute shall comply with the directions of the Minister.

(3) The Institute, on formulating a specification, may, with the consent of the Minister, declare it to be, a standard specification for the commodity, process or practice to which it relates.

(4) Where, under any other enactment, 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 consent to the declaration of a standard specification in respect thereof except with the consent of that Minister of State.

(5) The Institute may, with the consent of the Minister, revoke or amend a standard specification.

(6) Standard specifications declared by order under section 20 of the Act of 1946 shall continue in force after the passing of this Act and may be revoked or amended as if they had been declared under this section.

(7) In subsection (1) of section 5 of the Act of 1946 (which sets out the functions of the Institute) the reference to the making of recommendations to the Minister as to the formulation of standard specifications shall be construed as a reference to the formulation and declaration thereof under this section.

(8) The references in sections 12 and 15 of the Act of 1946 to section 20 of that Act shall be construed as references to this section.

(9) The references in the Act of 1946 to standard specifications shall include references to standard specifications under this section.

3.—The Institute shall as soon as may be after the declaration of a standard specification cause notice thereof to be published in Iris Oifigiúil and in such other manner as the Minister may direct and shall publish and place on sale copies of the standard specification.

4.—(1) Prima facie evidence of a standard specification may be given by the production of a copy thereof purporting to be published by the authority of the Institute.

(2) Section 6 of the Documentary Evidence Act, 1925 (No. 24 of 1925), shall apply to the printing, publication and tendering in evidence of documents purporting to be standard specifications as it applies to the official documents referred to in the section with the substitution, for references to the Stationery Office, of references to the Institute.

5.—(1) Under section 22 of the Act of 1946, the Minister, in lieu of prescribing a standard mark for a specified commodity, process or practice, may prescribe a standard mark for use in connection with commodities, processes and practices generally and every reference in that Act to a standard mark shall include a reference to a standard mark so prescribed.

(2) A standard mark so prescribed shall not be used in connection with any commodity, process or practice except in conjunction with the serial number assigned by the Institute to the standard specification for that commodity, process or practice.

(3) Where the consent of the Minister to the declaration of a standard specification was given with the consent of another Minister of State the Minister shall not grant a licence under section 22 of the Act of 1946 for the use of a standard mark in connection with the commodity, process or practice concerned except with the consent of that Minister of State.

6.—The Register of Standard Specifications shall hereafter be kept by the Institute and, accordingly, references to the Minister in section 23 of the Act of 1946 shall, in relation to that register, be read as references to the Institute.

7.—The seal of the Institute shall, when affixed to the declaration of a standard specification, be authenticated by the signature of the chairman of the Standards Committee or some other member thereof authorised in that behalf by the said Committee and not as provided in subsection (2) of section 29 of the Act of 1946.

8.—There may be paid, out of moneys at the disposal of the Institute, to members of the Industrial Research Committee and the Standards Committee such remuneration as the Minister, with the consent of the Minister for Finance, may determine.

9.—The approval of the Council shall not be required for the filling of vacancies on the Council under rule 2 of the First Schedule to the Act of 1946.

10.—The approval of the Minister shall not be required in respect of persons proposed to be employed by the Institute for a period not exceeding three years and subsection (3) of section 31 of the Act of 1946 shall be construed accordingly.

11.—(1) In each financial year the Minister, with the consent of the Minister for Finance, may pay to the Institute out of moneys provided by the Oireachtas such sums not exceeding in the aggregate thirty-five thousand pounds in any one financial year, as the Institute may from time to time require.

(2) The provision made by this section is in lieu of the provision made by subsection (1) of section 34 of the Act of 1946.

12.—The following provisions of the Act of 1946 are hereby repealed: sections 10 and 13 (so far as they relate to remuneration), section 20, and subsection (1) of section 34.

13.—(1) This Act may be cited as the Industrial Research and Standards (Amendment) Act, 1954 .

(2) The Act of 1946 and this Act may be cited together as the Industrial Research and Standards Acts, 1946 and 1954.