S.I. No. 292/1950:

LOCAL AUTHORITIES (COMBINED PURCHASING) (AMENDMENT) REGULATIONS, 1950.

LOCAL AUTHORITIES (COMBINED PURCHASING) (AMENDMENT) REGULATIONS, 1950.

The Minister for Local Government in exercise of the powers vested in him by Section 12 of the Local Authorities (Combined Purchasing) Act, 1925 (No. 20 of 1925) hereby orders as follows :--

1. (1) This Order may be cited as the Local Authorities (Combined Purchasing) (Amendment) Regulations, 1950.

(2) This Order and the Local Authorities (Combined Purchasing) Regulations, 1926 to 1933 shall be construed as one and may be cited collectively as the Local Authorities (Combined Purchasing) Regulations, 1926 to 1950.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. In this Order the expression " The Act " means the Local Authorities (Combined Purchasing) Act, 1925 , (No. 20 of 1925) ;

the word " Commodity " includes any ingredient or component part of a commodity and

the expression " the Principal Order " means the Local Authorities (Combined Purchasing) Regulations, 1926 (S.R. & O., 1926, No. 11).

4. This Order shall come into force on the 1st day of January, 1951.

5. The notification to be sent in pursuance of Section 5 of the Act to an official contractor by a local authority requiring for the performance of their duties a supply of any commodity shall be in the form set forth in the Schedule to this Order or in a form to the like effect.

6. (1) Article 7 of the Principal Order shall be amended by the insertion therein of the following sub-articles :--

(11) Where, after the appointment of any person to be an official contractor, the price of any commodity is increased because of variations in manufacturing or marketing conditions and in obtaining or manufacturing any commodity an official contractor pays or incurs, subsequent to the date on which he applied for appointment as such official contractor, any additional price or expense in excess of the price or expense which but for the said variations he would have been obliged to pay or incur, the price payable by the local authority to the official contractor may, with the consent of the Minister, be increased by the amount of the said additional price or expense so paid or incurred by such official contractor.

(12) As respects any application by an official contractor for an increase in the price payable by a local authority for a commodity, such official contractor shall

(a) furnish to the Minister such vouchers or other evidence, and

(b) permit an authorised officer of the Minister to inspect and examine such books and records

as may be necessary to enable the amount of any such increase to be determined.

(13) Whenever the Minister is satisfied that, due to circumstances in the supply of any commodity over which an official contractor has no control, it has become impossible or unreasonably difficult for him to obtain a commodity for which he was appointed official contractor, the Minister may on the application of the official contractor revoke the appointment of such official contractor in respect of that commodity.

(2) Sub-articles (11), (12) and (13) of Article 7 of the Principal Order shall apply in respect of commodities supplied in bulk by an official contractor in accordance with the Local Authorities (Combined Purchasing) (Supply in Bulk) Regulations, 1933 (S.R. & O., 1933 No. 5).

7. Article 5 of the Principal Order and the Local Authorities (Combined Purchasing) Regulations, 1942 (S.R. & O., 1942 No. 358), are hereby revoked.

GIVEN under the Official Seal of the Minister for Local Government this Twenty-eight day of November, One Thousand Nine Hundred and Fifty.

MICHAEL J. KEYES,

Minister for Local Government.

SCHEDULE.

FORM OF ORDER TO CONTRACTOR

NOTES ON FORM.

1. The order should be taken from a book which should be so constructed as to provide for duplicate carbon copies of every such order.

2. Except in the case of commodities supplied in bulk or in respect of which a special mode of delivery is prescribed, delivery is to be made at the railway station or road transport depot nearest to the place mentioned here or in the case of the County Borough of Dublin or Cork, at such address therein as may be specified in the Order.

3. Except in the case of commodities supplied in bulk this line is to be omitted.

4. The order should be signed by an officer of the local authority who is authorised to order supplies. The office of the person so signing should appear on the order.

5. The reference to the notice on the back of the Form of Order to Contractor is to be omitted unless the supply is to be paid for wholly or partly out of county rate. Where the supply is to be so paid for, the following notice should be printed on the back of the order :

" This account is payable out of the county rate. The attention of the official contractor is directed to section 51 (7) of the Local Government (Ireland) Act, 1898 which requires the payment of every debt, claim or demand to be made within the half-year in which the same was incurred or became due or within three months after the expiration of such half-year."