S.I. No. 306/1973:

FUELS (CONTROL OF SUPPLIES) (RESTRICTION ON DELIVERIES OF GAS DIESEL OIL, KEROSENE AND FUEL OIL) ORDER, 1973.

FUELS (CONTROL OF SUPPLIES) (RESTRICTION ON DELIVERIES OF GAS DIESEL OIL, KEROSENE AND FUEL OIL) ORDER, 1973.

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. This Order may be cited as the Fuels (Control of Supplies) Restriction on Deliveries of Gas Diesel Oil, Kerosene and Fuel Oil) Order, 1973.

2. In this Order--

"fuel oil" means residual fuel oil and includes light fuel oil, medium fuel oil, heavy fuel oil and marine fuel oil;

"gas diesel oil" includes auto diesel oil for use in road vehicles, tractor diesel oil for use in agricultural tractors, diesel medium oil for use in stationary engines, marine diesel oil for use in marine engines, gas oil for use in heating plant or power units and gas oil as used by the gas industry;

"kerosene" includes paraffin oil, tractor vaporising oil, domestic kerosene heating oil, aviation kerosene and kerosene for industrial or commercial use;

"oil wholesaler" means a person who carries on the business of selling gas diesel oil, kerosene or fuel oil wholly or mainly by wholesale;

"oil retailer" means a person who carries on the business of selling gas diesel oil, kerosene or fuel oil wholly or mainly by retail;

"distributor" means a person, other than an oil retailer, who carries on the business of distributing or selling gas diesel oil, kerosene or fuel oil;

"normal deliveries" means--

( a ) where a consumer (being a domestic consumer) received a supply of gas diesel oil, kerosene or fuel oil before the 1st day of October, 1972, the amount received by him in the six months ended on the 31st day of March, 1973, or

( b ) where a consumer (not being a domestic consumer) received a supply of gas diesel oil, kerosene or fuel oil before the 1st day of October, 1972, and has not changed the nature of his business since that date, the amount received by him in the six months ended on the 31st day of March, 1973, or

( c ) where a consumer--

(i) did not receive a supply of gas diesel oil, kerosene or fuel oil before the 1st day of October, 1972, or

(ii) increased or decreased his business significantly or changed the character of his business on or after that date,

such amount as shall be deemed appropriate by the oil wholesaler or distributor, taking into account deliveries to comparable consumers in the six months ended on the 31st day of March, 1973.

3. In the period of three months ending on the 31st day of December, 1973, the amount of gas diesel oil, kerosene or fuel oil delivered by an oil wholesaler to a distributor or any other person or by a distributor to any person shall not exceed--

(i) 45 per cent. of that person's normal deliveries when required for domestic heating or for heating in an office, shop, factory, public hall, educational establishment, religious premises, catering establishment, hotel, guest house or place of entertainment, recreation or sport, or for sale by retail, or

(ii) 47½ per cent. of that person's normal deliveries when required for any other purpose.

4. The Minister may from time to time in respect of any particular class of persons give a direction to an oil wholesaler or distributor that deliveries of gas diesel oil, kerosene or fuel oil to that class of persons shall be such percentage, other than that specified in Article 3 of this Order, as may be specified in the direction.

5. The Minister may give a direction to an oil wholesaler or distributor requiring him to deliver a specified amount of gas diesel oil, kerosene or fuel oil to a specified oil retailer or other person or to a specified class of persons, in addition to or in lieu of the amount which that oil wholesaler or distributor may deliver under this Order to that oil retailer, person or class of persons.

6. The restrictions on deliveries of gas diesel oil, kerosene and fuel oil imposed by Articles 3 of this Order shall not apply to--

(i) deliveries for industries in which the gas diesel oil, kerosene or fuel oil is required for use as a raw material or for industrial processing,

(ii) deliveries to a fire service or ambulance, or to a vehicle used by the Defence Forces or the Garda Síochána, or to a local authority for the operation of a sewage service,

(iii) deliveries of gas diesel oil to--

( a ) Córas Iompair Éireann,

( b ) the Londonderry and Lough Swilly Railway Company,

( c ) 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),

( d ) a vehicle in respect of which a person is licensed to operate a passenger road service under section 11 of the Road Transport Act, 1932 (No. 2 of 1932), and which is used by him for the purpose of that service,

( e ) Bord na Móna, or,

(iv) deliveries of aviation kerosene to an airline.

GIVEN under my Official Seal this 16th day of November, 1973.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

The Order restricts, in the period of three months ending on the 31st day of December, 1973, the amount of gas diesel oil, kerosene or fuel oil delivered by an oil wholesaler to a distributor or any other person or by a distributor to any person.