No. 20/1961:

INDUSTRIAL RESEARCH AND STANDARDS ACT, 1961

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

1 Short title and commencement.

2 Definitions.

3 Repeals.

4 Expenses.

PART II CONTINUANCE OF THE INSTITUTE AND FUNCTIONS THEREOF

5 Continuance of the Institute for Industrial Research and Standards.

6 Functions of the Institute.

PART III ESTABLISHMENT AND FUNCTIONS OF THE BOARD OF THE INSTITUTE

7 Board of the Institute.

8 Membership of the Board.

9 Terms and remuneration of members of the Board.

10 Resignation of member of the Board.

11 Removal of a member of the Board.

12 Casual vacancies.

13 Membership of either House of the Oireachtas by members, officers or servants of the Board.

14 Disclosure of interest.

15 Meetings of the Board.

16 Procedure.

17 Committees of the Board.

PART IV SCIENTIFIC RESEARCH

18 Conduct of research.

19 Discoveries and inventions.

PART V STANDARD SPECIFICATIONS AND STANDARD MARKS

20 Standard specifications.

21 Publication of notice of standard specifications.

22 Evidence of standard specification.

23 False representation in connection with standard specification .

24 Standard marks.

25 Grant of licence to use a standard mark.

26 Unlawful use of standard marks.

27 Registration of standard marks abroad.

28 Registers.

29 Restriction on registration under Registration of Business Names Act, 1916.

30 Restriction on registration under the Companies Acts, 1908 to 1959.

31 Restriction on registration under the Industrial and Commercial Property (Protection) Acts, 1927 to 1958.

PART VI ADMINISTRATION OF THE INSTITUTE

32 The seal of the Institute.

33 Offices and premises.

34 Officers and servants of the Institute.

35 Superannuation.

36 Scholarships and grants for industrial research.

37 State endowment of the Institute.

38 Power to charge fees.

39 Subscriptions from industrial firms and other bodies.

40 Power to accept donations.

41 Finances, accounts and audits.

42 Annual report.

PART VII MISCELLANEOUS

43 Development and exploitation of inventions.

44 Unlawful to manufacture certain commodities intended for sale.

45 Publication of scientific and technical information.

46 Prosecution and punishment of offences.

47 Protection against legal proceedings.

AN ACT TO MAKE BETTER PROVISION FOR THE PROMOTION OF INDUSTRIAL RESEARCH AND THE STANDARDISATION OF COMMODITIES, PROCESSES AND PRACTICES AND FOR THESE AND OTHER PURPOSES TO PROVIDE FOR THE RE-ORGANISATION OF THE INSTITUTE FOR INDUSTRIAL RESEARCH AND STANDARDS AND FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[17th July, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY

1.—(1) This Act may be cited as the Industrial Research and Standards Act, 1961 .

(2) This Act shall come into operation on such day as the Minister shall by order appoint.

2.—In this Act—

"the Act of 1946" means the Industrial Research and Standards Act, 1946 ;

"the Act of 1954" means the Industrial Research and Standards (Amendment) Act, 1954 ;

"the Institute" means the Institute for Industrial Research and Standards established by subsections (1) and (2) of section 4 of the Act of 1946 and continued in being by this Act;

"mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof;

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

"register" save where the context otherwise requires, means a register kept by the Institute in pursuance of section 28 of this Act;

"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;

"standard specification" means a specification declared or deemed to have been declared under section 20 of this Act to be a standard specification;

"standard mark" means a mark prescribed or deemed to have been prescribed by an order under section 24 of this Act for use in connection with a commodity, process or practice to indicate that it conforms to a particular standard specification.

3.—The Industrial Research and Standards Acts, 1946 and 1954 are hereby repealed.

4.—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.

PART II CONTINUANCE OF THE INSTITUTE AND FUNCTIONS THEREOF

5.—The Institute for Industrial Research and Standards (in this Act referred to as the Institute) established by subsections (1) and (2) of section 4 of the Act of 1946 shall continue in being, notwithstanding the repeals effected by section 3 of this Act, as a body corporate with perpetual succession and a seal, and Power to sue and to be sued in its corporate name and to hold land.

6.—(1) The Institute shall fulfil the functions assigned to it by this Act.

(2) 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 formulate for the Minister in accordance with his directions specifications for such commodities, processes and practices as the Minister may from time to time request,

( c ) with the consent of the Minister, to declare any specification so formulated to be a standard specification for the commodity, process or practice to which it relates,

( d ) to make recommendations to the Minister as to the provision and use of standard marks for commodities, processes and practices which conform to standard specifications,

( e ) to disseminate technical literature and information to industry,

( f ) where the public interest so requires, to undertake or assist in the development and the exploitation of inventions,

( g ) 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,

( h ) to publish the result of any test or analysis carried out by the Institute or by any person on its behalf.

(3) 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 (2) of this section.

(4) The functions of the Institute shall not include any function assigned to An Foras Talúntais by the Agriculture (An Foras Talúntais) Act, 1958.

PART III ESTABLISHMENT AND FUNCTIONS OF THE BOARD OF THE INSTITUTE

7.—There shall be a Board to be known as the Board of the Institute for Industrial Research and Standards (in this Act referred to as the Board) to carry out the general government of the Institute and the administration of its affairs.

8.—(1) The Board shall be composed of not more than nine members of whom one shall be the chairman and the others shall be ordinary members.

(2) All the members of the Board shall be appointed by the Minister, and the Minister shall nominate a member of the Board to be the chairman thereof.

(3) Every person appointed to membership of the Board shall be chosen by the Minister for such appointment by reason of his attainments in scientific research applied to industry or because he is representative of industry or of persons employed in industry or is capable of giving substantial practical assistance in the work of the Institute.

(4) The members of the first Board shall be appointed as soon as conveniently may be after the commencement of this Act.

(5) The members of the second Board shall be appointed the fifth year next after the appointment of the members of the first Board and the members of every subsequent Board shall be appointed quinquennially.

(6) All the members of the Board shall go out of office on the next quinquennial appointment of members but shall be eligible for re-appointment.

9.—(1) Every member of the Board shall hold office on such terms as the Minister may determine.

(2) There shall be paid to every member of the Board, out of moneys at the disposal of the Institute, such remuneration and expenses as the Minister, with the consent of the Minister for Finance, may determine.

10.—(1) A member of the Board may resign his membership by a letter addressed to the Minister tendering his resignation.

(2) The resignation of a member shall have effect as on and from the date of the receipt by the Minister of the letter of resignation.

11.—(1) The Minister may by a notification in writing addressed to any member of the Board remove such member from his office for reasons stated in the notification which the Minister considers sufficient.

(2) The removal of any member of the Board from his office under this section shall take effect as on and from the date on which such member receives the notification of his removal by the Minister or any later date specified by the Minister in such notification.

12.—Casual vacancies in the membership of the Board may be filled by appointment by the minister.

13.—(1) Where a member of the Board becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled under the Standing Orders of that House to sit therein, cease to be a member of the Board.

(2) Any person who is for the time being entitled under the Standing Orders of either of the Houses of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming a member of the Board.

(3) Where a person who is either an officer or a servant in the employment of the Board becomes a member of either House of the Oireachtas—

( a ) he shall, during the period (in this section referred to as the secondment period) commencing upon his becoming entitled under the Standing Orders of that House to sit therein and ending either when he ceases to be a member of that House or if it should sooner happen, upon his resignation or retirement from such employment or upon the termination of such employment by the Board, stand seconded from such employment,

( b ) he shall not be paid by, or entitled to receive from, the Board any salary or wages, as the case may be, in respect of the secondment period,

( c ) if there is in force a scheme made in pursuance of section 25 of this Act and the scheme establishes a fund to which the Board and the person pay contributions—

(i) the secondment period shall for the purposes of the scheme, be deemed to be service of that person which is reckonable for superannuation benefits under the scheme if, but only if—

(I) he was in the permanent employment of the Board and was a contributor under the scheme immediately before the commencement of the secondment period,

(II) he elects, by notice in writing given to the Board within three months after the commencement of the secondment period, to pay contributions under the scheme in respect of the secondment period in accordance with the provisions of this section, and

(III) he pays, at such times and in such manner as may be specified in accordance with the scheme, contributions under the scheme in respect of the secondment period equal in amount to the aggregate of the contributions which he would have paid and the contributions which the Board would have paid in respect of the secondment period if he had remained without secondment under this subsection in the service of the Board during the secondment period and had been in receipt of remuneration from the Board during that period,

(ii) the Board shall not pay any contributions under the scheme in respect of the secondment period, but that part of the contributions payable by him as aforesaid which is equal to the amount of the contributions which the Board would have paid under the scheme in respect of the secondment period if he had remained without secondment under this subsection in the service of the Board during the secondment period and had been in receipt of remuneration from the Board during that Period shall, for the purposes of the scheme, be deemed to have been paid by the Board,

(iii) if the secondment period is terminated by his death or by his retirement from such employment, he shall, for the purposes of the scheme, be deemed to have died in or to have been retired from the service of the Board, as the case may be, and to have been in receipt of remuneration from the Board immediately before such death or retirement as the case may be,

(iv) if he does not pay or if, having paid contributions under the scheme in accordance with the provisions of this subsection, he ceases to pay contributions as aforesaid, he shall, for the purposes of the scheme, be deemed, to have resigned from such employment—

(I) in case he ceases to pay contributions as aforesaid, on the date of the last payment, and

(II) in any other case, immediately before the commencement of the secondment period.

(4) If a person who is or was an officer or servants of the Board becomes entitled to a pension under the Ministerial and Parliamentary Offices Acts, 1938 to 1952—

( a ) he shall not be entitled to reckon the whole or any part of his period of pensionable service, within the meaning of those Acts, for any superannuation benefits payable under a scheme made in pursuance of section 35 of this Act,

( b ) if he has paid any contributions in accordance with the provisions of subsection (3) of this section in respect of that period, so much thereof as is equal to the amount of the contributions which he would have paid in respect of that period under the scheme if he had remained without secondment under subsection (3) of this section in the service of the Board during that period and had been in receipt of remuneration from the Board during that period, shall be returned to him if and where a payment of benefit or a return of other contributions is made to him under the scheme.

(5) A reference in subsection (3) or subsection (4) of this section to the receipt by any person of remuneration from the Board shall be taken as a reference to the receipt by that person of remuneration from the Board at the rate at which he was being remunerated by the Board on the last day of his whole-time employment with the Board before his secondment under subsection (3) of this section.

(6) A Person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming an officer or servant of the Board.

14.—A member of the Board shall disclose to the Board any financial or other interest which he may have in any concern with which the Board proposes to make any contract.

15.—The Board shall hold such and so many meetings as it considers necessary for the fulfilment of the functions assigned to it by this Act.

16.—(1) At a meeting of the Board the chairman of the Board when present shall be the chairman of the meeting.

(2) When the chairman of the Board is absent from a meeting thereof, or, if the office of chairman of the Board is vacant, the members of the Board who are present shall choose one of their number to be the chairman of the meeting.

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

(4) The Board may act notwithstanding vacancies in its membership.

(5) The Board may from time to time fix the quorum for its meetings but, if at any time no quorum is so fixed, the quorum for meetings of the Board shall be three.

(6) Subject to the foregoing, the Board may, by Standing Orders or otherwise, regulate its own procedure and business and the procedure and business of any committee appointed by the Board.

17.—(1) The Board may from time to time appoint such committees as it sees fit to assist and advise the Board in relation to any of its functions.

(2) A committee appointed under this section may include persons who are not members of the Board.

(3) The Board may appoint any member of a committee appointed under this section to be the chairman thereof.

(4) The members of any such committee shall be paid, out of moneys at the disposal of the Institute—

( a ) such remuneration in respect of their services as the Board, with the consent of the Minister, may determine, and

( b ) such sums in respect of travelling and subsistence allowances as the Board may determine.

(5) The Board may at any time terminate the membership of all or any of the members of any such committee.

PART IV SCIENTIFIC RESEARCH

18.—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 Board, request, and may, in addition, carry out such researches as aforesaid and such investigations, tests and analyses as the Board may from time to time think proper.

19.—(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, unless otherwise agreed between the Institute and that person, become the exclusive property of that person.

(3) Any discovery or invention or any part of any discovery or invention which does not become the property of the person for whom any such research or investigation as aforesaid is undertaken shall become the property of the Minister.

(4) Before publishing any discovery or invention the Minister shall consult with the Board as to the advisability of such publication.

(5) The Board 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 Board may think proper.

PART V STANDARD SPECIFICATIONS AND STANDARD MARKS

20.—(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 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) The specifications declared by orders made under section 20 of the Act of 1946 or under section 2 of the Act of 1954 which were in force immediately before the commencement of this Act shall be deemed to have been declared under this section.

21.—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.

22.—(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 , 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.

23.—(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.

(2) In this section the word "representation" means, in relation to a commodity, process or practice, any representation, direct or indirect, and whether oral, or by conduct, or in writing, and if in writing, includes a representation in any advertisement, catalogue, bill head 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.

24.—(1) The Minister may by order prescribe a standard mark or marks for use, in accordance with this Act, in connection with commodities, processes and practices generally or with any class or kind of commodity, process or practice to indicate conformity with a standard specification.

(2) The marks prescribed under section 22 of the Act of 1946 which were in force immediately before the commencement of this Act shall be deemed to have been prescribed by orders made under this section and may be revoked by orders made under this section.

(3) A standard mark shall include the words "Caighdeán Éireannach" or the initials "C.É" and may include the words "Irish Standard" or the initials "I. S" or any other mark.

(4) The Minister may revoke an order made by him under this section.

(5) Where 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 purposes of the Merchandise Marks Acts, 1887 to 1931, the standard mark shall be a trade mark.

25.—(1) The Institute 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.

(2) The conditions expressed in a licence granted under this section shall include conditions that the standard mark for any commodity, process or practice shall be used only—

( a ) in conjunction with the serial number assigned by the Institute to the standard specification for that commodity, process or practice, and

( b ) in connection with a commodity, process or practice which conforms with that standard specification.

(3) Where it appears to the Institute—

( a ) that the condition mentioned in subparagraph (a) or that mentioned in subparagraph (b) of subsection (2) of this section is not complied with, or

( b ) in any other case where it seems proper to the Institute so to do,

the Institute may revoke a licence granted under this section.

(4) Where a licence is revoked under subsection (3) of this section the Institute shall inform the licensee of the revocation and of the reason therefor.

(5) The Institute may not, without the consent of the Minister, grant a licence under this section to a natural person not normally resident in Ireland or to a legal person who has not a permanent establishment in Ireland.

(6) Where the Minister has, with the consent of another Minister of State, consented to the declaration of a standard specification in relation to any commodity, process or practice, the Institute may not grant a licence under this section for the use of a standard mark in connection with that commodity, process or practice save with the consent of the Minister in agreement with that other Minister of State.

(7) Where the use of a standard mark on a commodity or its container would not be practicable, a licence to use that standard mark may authorise the use of the mark on business stationery or in advertisements on conditions which would prevent misunderstandings as to the commodity to which the mark relates.

(8) The use of a standard mark in connection with a commodity, process or practice which does not conform with the standard specification relating to such commodity, process or practice shall not be deemed to be an application of a false trade description to goods for the purposes of the Merchandise Marks Acts, 1887 to 1931.

(9) A licence granted to any person under section 22 of the Act of 1946 which was not revoked before the commencement of this Act shall be deemed for the purposes of this Act to 'be a licence granted under this section.

26.—(1) Every person who—

( a ) uses a standard mark without a licence to do so granted to him under this Act, 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.

(2) The word "representation" in subsection (1) of this section has the same meaning as it has in section 23 of this Act.

27.—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.

28.—(1) The Institute shall keep—

( a ) a register of standard specifications (to be called the Register of Standard Specifications),

( b ) a register of standard marks (to be called the Register of Standard marks), and

( c ) a register of licensees under section 25 of this Act (to be called the Register of Licensees of the Institute for Industrial Research and Standards).

(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 Institute as to the contents of a register or of any entry therein shall be prima facie evidence of the facts so certified.

(4) The Institute 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.

29.—(1) A person shall not be registered under the Registration of Business Names Act, 1916, after the commencement of this Act by a name containing or consisting of the word "Caighdeán", or the word "Standard", or the initials "C.É" or "I. S." or by a name which so nearly resembles any such word or initials as to be likely to deceive.

(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 commencement of the Act of 1946, registered under the Companies Acts, 1908 to 1924, or the Registration of Business Names Act, 1916.

30.—(1) A company shall not be registered under the Companies Acts, 1908 to 1959, after the commencement of this Act by a name containing or consisting of the word "Caighdeán" or the word "Standard" or the initials "C.É" or "I.S." or by a name which so nearly resembles any such word or initials as to be likely to deceive.

(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 commencement of the Act of 1946, registered under the Companies Acts, 1908 to 1924, or the Registration of Business Names Act, 1916.

31.—No trade mark or design shall be registered under the Industrial and Commercial Property (Protection) Acts, 1927 to 1958, after the commencement of this Act if it contains or consists of the word " Caighdeán" or the word "Standard" or the initials "C.É" or "I. S." or if it so nearly resembles such word or initials or any standard mark as to be likely to deceive.

PART VI ADMINISTRATION OF THE INSTITUTE

32.—(1) The seal of the Institute shall be affixed to any document only by direction of the Board and its affixation shall be attested by the signature of a member of the Board.

(2) The seal of the Institute shall be judicially noticed and every document purporting to be sealed with the seal of the Institute and to be attested in accordance with this section shall, unless the contrary is shown, be received in evidence without further proof.

33.—(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, and

( b ) build, equip and maintain offices and premises.

(2) The Institute may sell or lease any land, offices or premises held by it and no longer required for the performance of its functions.

34.—(1) The Institute shall appoint such and so many Persons to be officers and servants of the Institute as the Institute from time to time thinks proper, but, subject to subsection (2) of this section, a person shall not be appointed under this section to be an officer of the Institute unless he has been selected by means of a public competition.

(2) The requirement under subsection (1) of this section of being selected by means of a public competition shall not apply in relation to—

( a ) an office to which appointments are made for limited periods only, being periods not exceeding two years, or

( b ) an appointment consisting of the promotion of a person who is already an officer of the Institute, other than an officer holding an office to which Paragraph (a)of this subsection relates.

(3) The Institute shall from time to time determine the numbers, grades, remuneration, tenure of office and conditions of service of the members of the staff of the Institute.

(4) Notwithstanding any other provision of this section—

( a ) the Minister may designate not more than two offices in the service of the Institute as offices of special responsibility,

( b ) a person shall not be appointed to an office so designated save with the consent of the Minister,

( c ) the remuneration, tenure of office and conditions of service of a person appointed to an office so designated shall be determined from time to time by the Minister subject to the approval of the Minister for Finance.

(5) No person shall be appointed to an office or situation in a clerical grade on the staff of the Institute unless, in the opinion of the Board, such person possesses a competent knowledge of Irish, and in making any other appointment to the said staff preference shall be given to a person who, in the opinion of the Board, possesses a competent knowledge of Irish.

(6) An officer or servant of the Institute appointed under section 31 of the Act of 1946 shall be deemed for the purposes of this Act to have been appointed under this section and shall have the same remuneration, tenure of office, conditions of service and superannuation rights as he had immediately before the commencement of this Act.

35.—(1) The Institute may from time to time and shall, on being requested by the Minister, prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement to the permanent of the Institute.

(2) A scheme submitted to the Minister under this section may and shall, if so requested by the Minister, be a scheme establishing a fund to which the Institute and the members of the permanent staff thereof pay contributions.

(3) 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.

(4) 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.

(5) A scheme approved of under section 32 of the Act of 1946 shall be deemed to be a scheme approved of under this section and may be amended accordingly.

(6) A scheme submitted and approved of under this section shall fix the time and conditions of retirement for all persons to whom pensions, gratuity or allowances on retirement are payable under the scheme, and different times and conditions may be fixed in respect of different, classes of persons.

(7) 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.

(8) 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, be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

36.—(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.

37.—(1) There shall be paid to the Institute in every financial year out of moneys provided by the Oireachtas such grants towards its expenses as may be determined by the Minister with the concurrence of the Minister for Finance.

(2) In determining the amount of any such grant to be paid in any financial year, the Minister shall give due consideration to the income and expenditure of the Institute and for that purpose the Board shall furnish to the Minister as and when required by him information regarding such income and expenditure.

38.—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.

39.—The Institute may accept subscriptions of money from industrial firms or other bodies in return for the use by such firms or other bodies of such services and facilities of the Institute as the Institute may determine.

40.—(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.

41.—(1) The Institute shall keep, in such forms as shall be approved by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all money received or expended by the Institute, and in particular shall keep in such forms 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.

(2) Accounts kept in pursuance of this section shall be submitted annually by the Institute 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.

42.—(1) The Institute shall, in every financial year, prepare a report of the work of the Institute in the preceding financial year and a general programme of future work.

(2) Every such report shall be submitted by the Institute to the Minister at the same time as the accounts of the Institute for the year to which the report relates.

(3) A copy of every such report shall be submitted by the Minister to the Government and laid before each House of the Oireachtas.

PART VII MISCELLANEOUS

43.—(1) Where it appears to the Institute to be in the public interest to do so, the Institute may undertake or assist in the development and exploitation of an invention.

(2) The Minister may give such directions of a general nature to the Institute as he considers appropriate in connection with the development and exploitation of inventions.

(3) For the purpose of carrying out its functions under this section with regard to any invention the Institute may, in addition to the powers otherwise conferred on it by this Act, buy, sell, take or grant patent rights and may, on such terms as may be determined by the Institute, arrange with any persons or firms for the commercial exploitation of the invention.

(4) The terms fixed by the Institute in relation to any arrangement made by the Institute under subsection (3) of this section with any person or firm may, with the consent of the Minister, include the provision of financial assistance in the form of a loan (including a loan secured by a debenture) or grant to such person or firm.

(5) The Institute shall not incur expenditure (including financial assistance in the form of loans or grants) under this section in excess of the sum of five thousand pounds on any one project save with the consent of the Minister.

44.—(1) For the purpose of promoting the safe use by the public of a commodity, intended for sale to the public (or for incorporation in any other commodity intended for such sale) the Minister may, by an order under this section, declare that it shall be unlawful to manufacture, assemble or sell that commodity unless it complies with the standard specification declared by the Institute for that commodity or with a specification or standard of quality prescribed by a Minister of State or with any condition specified in such order which the Minister considers necessary or desirable.

(2) The Minister may, if he thinks fit, limit the application of an order made under this section to a commodity intended for sale to the public in any country or countries specified in the order or for incorporation in any other commodity intended for such sale.

(3) No order shall be made under this section where there is a power to make a similar order under any other enactment.

(4) Every person who manufactures, assembles or sells any commodity in contravention of an order made by the Minister under this section shall be guilty of an offence.

(5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the order is laid before it, passes a resolution annulling the order the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

45.—The Institute may from time to time publish scientific and technical information in its own name, including, with the consent of the Minister, codes of recommended practice.

46.—(1) Every offence under this Act may be prosecuted by or at the suit of the Minister as prosecutor.

(2) Every person who is guilty of an offence under this Act 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.

47.—No action or other legal proceeding shall lie (except in the case of wilful neglect or default) against the Institute or the Board or any member of the Board or of any committee appointed by the Board or any officer or servant of the Institute 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 of the results thereof in the name of the Institute.