No. 26/1957:

GAS REGULATION ACT, 1957

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Constitution of Gas Charges Advisory Committees.

3 Function of Advisory Committee.

4 Dissolution of Advisory.

5 Notice of constitution of Advisory Committee.

6 Fixing of maximum charges consequential on report of Advisory Committee.

7 Declaration by government of existence of state of emergency affecting supply or distribution of gas.

8 Fixing maximum charges consequential on declaration of emergency.

9 Provisions in relation to orders made by Minister.

10 Prohibition on disclosure of information.

11 Contravention of orders.

12 Penalties for offences.

13 Offences in relation to bodies corporate and unincorporated bodies.

14 Prosecution of offences.

15 Removal of limit on contributions to gas fund by gas undertakers.

16 Cesser of certain existing restriction and requirements.

17 Laying of orders before Houses of the Oireachtas.

18 Expenses.

19 Saver.

20 Short title and commencement.

FIRST SCHEDULE

SECOND SCHEDULE

AN ACT TO PROVIDE FOR FIXING MAXIMUM CHARGES FOR GAS, TO REMOVE THE LIMIT ON CONTRIBUTIONS BY GAS UNDERTAKERS TO THE GAS FUND AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[17 December, 1957]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

"the Act of 1920" means the Gas Regulation Act, 1920;

"the Art of 1928" means the Gas Regulation Act, 1928 (No. 24 of 1928);

"Advisory Committee" means a Gas Charges Advisory Committee constituted under section 2 of this Act

"gas undertakers" has the same meaning as in the Act of 1920, as amended by section 3 of the Act of 1928;

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

"the scheduled undertakers" means the gas undertakers specified in the First Schedule to this Act.

2.—(1) The Minister may from time to time by warrant under his hand constitute a body of persons which shall be called a Gas Charges Advisory Committee and is in this Act referred to as an Advisory Committee.

(2) The warrant constituting an Advisory Committee shall state the names of the persons who are to be members of it.

(3) The provisions of the Second Schedule to this Act shall apply to each Advisory Committee.

3.—(1) The functions of an Advisory Committee shall be to enquire into, and report to the Minister upon, charges made for gas by such one or more of the scheduled undertakers as may be specified in the warrant constituting it.

(2) An Advisory Committee shall report to the Minister not later than the date specified in that behalf in the warrant constituting it, and if it reports that the charges made for gas by any of the scheduled undertakers specified in the said warrant are unduly high owing to causes within the control of those undertakers or to undue labour costs, shall state whether in its opinion circumstances are such as to require the Minister to make an order under section 6 of this Act fixing the maximum charges that may be made for gas by those undertakers.

4.—(1) Where the warrant constituting all Advisory Committee provides for the date of its dissolution, it shall stand dissolved on that date unless it has prior thereto furnished its report to the Minister, in which case it shall stand dissolved immediately after furnishing its report.

(2) Where the warrant constituting an Advisory Committee does not provide for the date of its dissolution, it shall stand dissolved immediately after furnishing its report to the Minister.

5.—Where the Minister constitutes an Advisory Committee, he shall cause to be published, in such manner as he thinks fit, notice of its constitution and of the matters into which it is to enquire.

6.—Where the Minister, having considered a report of an Advisory Committee, is of opinion that the charges made for gas by any of the scheduled undertakers specified in the warrant constituting that Committee are excessive owing to causes within the control of those undertakers or to undue labour costs, the Minister may by order fix the maximum charges which may be made for gas by those undertakers.

7.—(1) Whenever and so often as the Government are of opinion that abnormal circumstances prevail or are likely to prevail in relation to the supply or distribution of gas, the Government may by order declare that a state of emergency affecting the supply or distribution of gas exists.

(2) An order under subsection (1) of this section shall remain in force for such period (not exceeding six months from the date of the making thereof) as the Government think proper and specify in the order and shall then expire, unless continued in force by an order made under subsection (3) of this section.

(3) Where—

( a ) there is for the time being in force an order (in this subsection referred to as the principal order) under subsection (1) of this section declaring that a state of emergency affecting the supply or distribution of gas exists, and

( b ) the Government are of opinion that abnormal circumstances still prevail in relation to the supply or distribution of gas, the following provisions shall have effect—

(i) The Government may by order (in this subsection referred to as a continuance order) made before the expiration of the principal order, continue the principal order in force for such period (not exceeding six months from the date on which the principal order would but for the continuance order expire) as the Government think proper and specify in the continuance order, and may thereafter from time to time by order (in this subsection also referred to as a continuance order), made before the expiration of the principal order under the last previous continuance order, continue the principal order in force for such period (not exceeding six months from the date on which the principal order would have expired under the last previous continuance order) as the Government think proper and specify in the continuance order,

(ii) if only one continuance order is made, the principal order shall continue in force until the expiration of the period for which it is continued in force by that continuance order, and shall then expire,

(iii) if two or more continuance orders are made, the principal order shall continue in force until the expiration of the period for which it is continued in force by the last of those continuance orders, and shall then expire.

(4) Every order made under this section shall, as soon as may be after it is made, be published in the Iris Oifigiúil.

8.—(1) Where there is for the time being in force an order under subsection (1) of section 7 of this Act declaring that a state of emergency affecting the supply or distribution of gas exists, the Minister may by order fix the maximum charges which may be made for gas by all or any one or more of the scheduled undertakers.

(2) Where, during the continuance in force of an order (in this subsection referred to as the emergency order) under subsection (1) of section 7 of this Act declaring that a state of emergency affecting the supply or distribution of gas exists, the Minister makes an order (in this subsection referred to as the Ministerial order) under subsection (1) of this section, the Ministerial order shall, if not previously revoked, expire on the expiration of the emergency order.

9.—(1) An order made by the Minister under this Act may—

( a ) fix different maximum charges for different gas undertakers,

( b ) define the conditions by reference to which a maximum charge is fixed, and fix different maximum charges in relation to different conditions,

( c ) fix a maximum charge by specifying it or by setting out provisions by means of which it may be ascertained,

( d ) contain all such incidental or ancillary provisions as shall appear to the Minister to be necessary or expedient for giving full effect to any provision inserted in the order under the powers conferred on him by this Act or to secure compliance with the order.

(2) The Minister may by order revoke any order made by him under this Act.

(3) The Minister may by order amend any order made by him under this Act.

10.—(1) No person shall disclose information available to him through being present at a meeting of an Advisory Committee held in private.

(2) Subsection (1) of this section does not apply to—

( a ) a communication made by a member of an Advisory Committee in the execution of his duties under this Act, or

( b ) the disclosure of information in a report of an Advisory Committee or for the purpose of legal proceedings under this Act.

(3) If any person contravenes subsection (1) of this section, he shall be guilty of an offence.

11.—If any person contravenes, whether by act or omission, a provision of an order made under this Act, he shall be guilty of an offence.

12.—Every person who commits an offence under this Act shall on summary conviction thereof be liable to a fine not exceeding one hundred pounds (together with, in the case of a continuing offence, a fine not exceeding ten pounds for every day on which the offence is continued) or, at the discretion of the Court, imprisonment for a term not exceeding twelve months or both such fine and such imprisonment.

13.—Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any person, being a director, member of the committee of management or other controlling authority thereof, or manager, secretary or other officer thereof, that person shall also be deemed to have committed an offence and shall be liable to be proceeded against and punished accordingly.

14.—(1) Proceedings in relation to an offence under this Act may be brought and prosecuted by the Minister.

(2) Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within twelve months from the date of the offence.

15.—Subsection (3) of section 7 of the Act of 1920, as amended by paragraph (c) of subsection (1) of section 12 of the Act of 1928 is hereby further amended by the deletion of "not being at the rate of more than three shillings for each million cubic feet of gas sold by them in the preceding year"

16.—(1) Any provision of any Act passed before the passing of this Act or of any order made under any such Act shall cease to have effect in so far as it purports—

( a ) to fix the maximum or standard charges which may be made for gas by gas undertakers, or

( b ) to permit gas undertaken to increase or reduce the charges made by them above or below standard changes subject to a reduction or increase in the rate of dividend payable by the undertakers, or

( c ) to limit the rate of dividend which may be paid by gas undertakers, or

( d ) to require gas undertakers to establish or maintain a fund from undistributed profits which is capable of being used for the payment of dividends on the share capital of the undertakers.

(2) Moneys standing to the credit of any fund referred to in paragraph (d) of subsection (1) of this section may be applied to the general purposes of the gas undertakers, including the payment of dividends.

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

18.—The expenses incurred 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.

19.—Nothing in this Act shall operate to relieve any gas undertakers from paying contributions under section 7 of the Act of 1920, as amended by section 12 of the Act of 1928.

20.—(1) This Act may be cited as the Gas Regulation Act, 1957 .

(2) This Act shall come into operation on the 1st day of January, 1958.

FIRST SCHEDULE

Section 1

THE SCHEDULE GAS UNDERTAKERS.

Alliance and Dublin Consumers' Gas Company.

Cobh Gas Company.

Cork Gas Consumers' Company.

Dundalk Gas Company.

Galway Gaslight Company, Limited.

Kilkenny Gas Lessees, Limited.

City of Waterford Gas Company.

Wexford Gas Consumers' Company, Limited.

SECOND SCHEDULE

Section 2

GAS CHARGES ADVISORY COMMITTEES.

The Panel

1. In this Schedule, "the Panel" means the Prices Advisory Committees Panel.

Membership of Advisory Committee.

2. An Advisory Committee shall consist of not less than three and not more than five members, all of whom shall be appointed by the Minister from persons who, at the time of appointment, are members of the Panel.

Chairman of Advisory Committee.

3. (1) There shall be a chairman of an Advisory Committee.

(2) The following provisions shall apply to the office of the chairman of an Advisory Committee—

( a ) the chairman shall be such member of that Advisory Committee as the Minister shall nominate as the chairman,

( b ) whenever the chairman ceases to be a member of that Advisory Committee, he shall cease to be the chairman,

( c ) whenever the person holding that office becomes from any cause temporarily unable to discharge the duties of that office, the Minister may nominate a member of the Panel, who is not then a member of that Advisory Committee, to perform, during a specified period (not exceeding the duration of such temporary inability), the duties of that office, and the person so nominated shall, during such period, have all the powers of the chairman and be deemed, for the purposes of this Act, to be the chairman and a member of that Advisory Committee.

Resignation of or removal from office member of Advisory Committee.

4. (1) A member of an Advisory Committee may resign from office.

(2) The Minister may remove from office a member of an Advisory Committee if—

( a ) he has become incapable through ill-health of performing efficiently his duties as such member, or

( b ) he has ceased to be a member of the Panel, or

( c ) his removal appears to the Minister to be necessary in the interests of the effective and economical performance of the duties of that Advisory Committee.

Casual vacancies.

5. If a casual vacancy occurs in the membership of an Advisory Committee, the Minister may appoint to fill the vacancy a person who is for the time being a member of the Panel.

Remuneration and expenses of members Advisory Committee.

6. A member of an Advisory Committee may be paid such remuneration and allowance for expenses as the Minister, with the consent of the Minister for Finance, determines.

Declaration of interest by member of Advisory Committee.

7. Where a member of an Advisory Committee enquiring into the charges made for gas is personally interested in the business of selling gas, he shall inform the Minister accordingly, and thereupon the following provisions shall have effect—

( a ) he shall not, unless authorised by the Minister, act as a member of that Advisory Committee,

( b ) the Minister may remove him from that Advisory Committee and appoint in his place from the Panel a new member of that Advisory Committee.

Officers and servants of Advisory Committee.

8. (1) The Minister may, with the consent of the Minister for Finance, appoint such officers and servants as he thinks necessary to assist an Advisory Committee in the performance of its functions.

(2) Officers and servants appointed under subparagraph (1) of this paragraph shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

Appointment of person to assist Advisory Committee.

9. (1) Where an Advisory Committee requests the appointment of a person to assist it in the conduct of an enquiry, the Minister may, with the consent of the Minister for Finance, appoint such person as he thinks fit for the purpose.

(2) A person appointed under subparagraph (1) of this paragraph may be paid such remuneration and allowance for expenses as the Minister, with the consent of the Minister for Finance, determines.

Procedures at meetings of Advisory Committee.

10. (1) The chairman of an Advisory Committee shall preside at each meeting of that Advisory Committee, and no meeting of that Advisory Committee shall be held in his absence.

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

(3) An Advisory Committee may act notwithstanding one or more vacancies amongst the members.

(4) The quorum for a meeting of an Advisory Committee shall be such number as it may from time to time fix, and if no quorum is for the time being so fixed, three.

(5) An enquiry by an Advisory Committee shall not he held wholly or partly in public, except with the prior consent in writing of the Minister.

(6) Subject to the provisions of this paragraph, an Advisory Committee may regulate its procedure and business, including the manner in which persons may make submissions in relation to the subject matter of any enquiry which it is making.

Power of chairman of Advisory Committee to summon witnesses, etc.

11. (1) The chairman of an Advisory Committee may for the purposes of its functions—

( a ) summon witnesses to attend before it;

( b ) examine on oath (which the chairman is hereby authorised to administer) any witness attending before that Advisory Committee;

( c ) require any such witness to produce to that Advisory Committee any document in his power or control.

(2) A summons to a witness to attend before an Advisory Committee shall be signed by the chairman thereof.

(3) A witness before an Advisory Committee shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(4) If any person—

( a ) on being duly summoned before an Advisory Committee makes default in attending, or

( b ) being in attendance as a witness refuses to take an oath legally required to be taken by him, or to produce any document in his power or control legally required to be produced by him, or to answer any question to which that Advisory Committee may legally require an answer, or

( c ) does any thing which, if that Advisory Committee were a court of justice having power to commit for contempt of court, would be contempt of such court,

that Advisory Committee may certify the offence of that person under their hands to the High Court, and the High Court may, after such inquiry as it thinks fit, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the High Court.