S.I. No. 295/1979:

FUELS (CONTROL OF SUPPLIES) (REGULATION OF DELIVERIES OF GAS DIESEL OIL) (NO. 4) ORDER, 1979.

FUELS (CONTROL OF SUPPLIES) (REGULATION OF DELIVERIES OF GAS DIESEL OIL) (NO. 4) ORDER, 1979.

WHEREAS there is for the time being in force an order entitled the Petroleum Oils (Conrtol of Supply and Distribution) Order, 1979 ( S.I. No. 140 of 1979 ), under section 2 of the Fuels (Control of Supplies) Act, 1971 (No. 3 of 1971).

NOW, the Minister for Industry, Commerce and Energy in exercise of the powers conferred on him by section 3 of the Fuels (Control of Supplies) Act, 1971 (No. 3 of 1971), the Energy (Transfer of Departmental Administration and Ministerial Functions) Order, 1977 ( S.I. No. 295 of 1977 ), and the Industry and Commerce (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 306 of 1977 ), hereby orders as follows:

1. This Order may be cited as the Fuels (Control of Supplies) (Regulation of Deliveries of Gas Diesel Oil) (No. 4) Order, 1979.

2. In this Order "distributor" means a person who carries on the business of selling or distributing gas diesel oil.

3. A distributor shall, in the delivery of gas diesel oil, give priority to the delivery of the oil for such uses in connection with the following as are essential:--

( a ) agriculture and horticulture,

( b ) commerce and trade,

( c ) sea fishing,

( d ) hospitals and similar institutions, including residential institutions for aged or physically or mentally handicapped persons,

( e ) industry,

( f ) local authorities and public utilities,

( g ) tourism,

( h ) education,

4. (1) In this Article "the relevant purpose", in relation to a premises, means the purpose of providing space heating for the premises.

(2) Where gas diesel oil is delivered to a premises for the relevant purpose for any period specified by the distributor making the delivery and the premises are of a kind specified in paragraph (3) of this Article, the provisions of Article 3 of this Order shall be deemed to have been complied with in relation to the delivery of gas diesel oil for the relevant purpose if the quantity of gas diesel oil delivered is equal to not less than--

( a ) such percentage of the quantity of gas diesel oil delivered to those premises for the relevant purpose for the corresponding period 12 months earlier as may stand specified in a direction under Article 6 of this Order given for the purposes of this Order in relation to premises of the kind to which the premises belong, the said percentage being adjusted, where appropriate, to take account of any material change since the said corresponding period in the scale or nature of the activity carried on at the premises,

( b ) in case no such percentage as aforesaid stands specified as aforesaid in relation to premises of the kind to which the premises belong, 80 per cent of the quantity of gas diesel oil delivered to those premises for the relevant purpose for the corresponding period 12 months earlier, the said percentage being adjusted, where appropriate, to take account of any material change since the said corresponding period in the scale or nature of the activity carried on at the premises, or

( c ) in case no oil was delivered to the premises for the relevant purpose for the said corresponding period, such quantity as the distributor aforesaid considers reasonable having regard to the quantities of gas diesel oil delivered to premises of the same kind as the said premises for the relevant purpose for periods corresponding to the period aforesaid.

(3) The premises referred to in paragraph (2) of this Article are premises of a kind used as offices, factories, shops, hotels, guest-houses, restaurants and educational institutions (other than such institutions for physically or mentally handicapped persons).

5. A distributor shall, for such purposes as may be specified in any direction under Article 6 of this Order given for the purposes of this Article, make deliveries of gas diesel oil in accordance with the terms of the direction.

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

7. The Fuels (Control of Supplies) (Regulation of Deliveries of Gas Diesel Oil) Order, 1979 ( S.I. No. 142 of 1979 ), is hereby revoked.

GIVEN under the Official Seal of the Minister for Industry, Commerce

and Energy, this 31st day of August, 1979.

J. K. O'LEARY.

A person authorised by the Minister for Industry, Commerce

and Energy to authenticate the Official Seal of the Minister.

EXPLANATORY NOTE.

This Order provides that an oil distributor shall give priority to deliveries of gas/diesel oil for the purposes of agriculture and horticulture, commerce and trade, sea fishing, hospitals and similar institutions, industry, local authorities and public utilities, tourism and education but that such priority will be deemed to be complied with in respect of space-heating in offices, factories, shops, hotels, guest-houses, restaurants and educational institutions if 80% of the quantity supplied during the period in the previous year is supplied. Provision is made for cases where there is an increase in the space to be heated. The Minister will have power to give directions to oil distributors in respect of deliveries of gas/diesel oil.