S.I. No. 84/1974:

FUELS (CONTROL OF SUPPLIES) (RESTRICTION ON DELIVERIES OF MOTOR SPIRIT) (NO. 2) ORDER, 1974.

FUELS (CONTROL OF SUPPLIES) (RESTRICTION ON DELIVERIES OF MOTOR SPIRIT) (NO. 2) ORDER, 1974.

I, PETER BARRY, Minister for Transport and Power, in exercise of the powers conferred on me by section 3 of the Fuels (Control of Supplies) Act, 1971 (No. 3 of 1971), hereby order as follows:

1. (1) This Order may be cited as the Fuels (Control of Supplies) (Restriction on Deliveries of Motor Spirit) (No. 2) Order, 1974.

(2) The citation the Fuels (Control of Supplies) (Restriction on Deliveries of Motor Spirit) Orders, 1973 and 1974, shall include this Order.

2. In this Order--

"commercial consumer" means a person who purchases motor spirit from an oil wholesaler or distributor for his own commercial use and not for resale;

"distributor" means a person, other than an oil retailer, who carries on the business of distributing or selling motor spirit;

"motor spirit" means any spirit which consists wholly or partly of hydrocarbon light oils as defined in section 1 (7) of the Finance (Customs Duties) (No. 4) Act, 1931 (No. 43 of 1931), and which is suitable for use in an internal combustion engine;

"normal deliveries" means--

( a ) where an oil retailer or a commercial consumer received a supply of motor spirit from an oil wholesaler or distributor before the 1st day of April, 1973, the amount received by him in the three months ended on the 30th day of June, 1973,

( b ) where an oil retailer or a commercial consumer--

(i) did not receive a supply of motor spirit before the 1st day of April, 1973, or

(ii) did not receive a supply of motor spirit in the three months ended on 30th day of June, 1973,

or

(iii) increased or decreased his business significantly in the period from the 1st day of April, 1973, to the 30th day of September, 1973, when compared with the corresponding period in 1972,

such amount as shall be deemed appropriate by the Minister after consultation with the oil wholesaler or distributor concerned;

"oil wholesaler" means a person who carries on the business of selling motor spirit wholly or mainly by wholesale;

"oil retailer" means a person who carries on the business of selling motor spirit wholly or mainly by retail.

3. (1) In respect of the period of three months ending on the 30th day of June, 1974, an oil wholesaler or distributor shall deliver to oil retailers and commercial consumers upon and subject to terms and conditions in relation to time for and method of payment which are in accordance with the current normal practice of the oil wholesaler or distributor--

( a ) (i) 95 per cent. of normal deliveries in the case of a commercial consumer,

(ii) 90 per cent. of normal deliveries in the case of an oil retailer, or

( b ) such lesser quantity (if any) of motor spirit as may be determined by agreement in writing between the oil wholesaler or distributor and the commercial consumer or oil retailer, or

( c ) in case the Minister considers that there are special circumstances requiring the delivery of a quantity of motor spirit other than the quantities referred to in subparagraph (a) of this paragraph, such other quantity as he may determine,

and the size of and intervals between the deliveries shall be in accordance with the current normal practice of the oil wholesaler or distributor and the deliveries shall be made within the period commencing on the date of the making of this Order and ending ten days after the 30th day of June, 1974.

(2) Paragraph (1) of this Article shall not apply if--

( a ) the oil wholesaler or distributor and the oil retailer or commercial consumer concerned agree that deliveries under the said paragraph (1) shall not be made, or

( b ) the making of deliveries under the said paragraph (1) would be a contravention of a direction under this Order.

4. The Minister may give such directions as shall appear to him to be necessary or expedient for giving full effect to any provision of this Order.

5. Any restriction on the size of normal deliveries imposed by Article 3 of this Order shall not apply to--

( a ) deliveries to a fire or ambulance service,

( b ) deliveries for use in vehicles used by the Defence Forces or the Garda Síochána,

( c ) deliveries to a vehicle in respect of which a vehicle plate has been issued under the provisions of section 30 of the Road Transport Act, 1933 (No. 8 of 1933), or

( d ) deliveries of aviation gasoline.

GIVEN under my Official Seal, this 28th day of March, 1974.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

This Order restricts, in the period of three months ending on 30th June, 1974, the amount of motor spirit to be delivered by an oil wholesaler or distributor to a retailer or commercial consumer.