Gas Fund (Contribution) Order, 1959 (S.I. No. 54 of 1959).
An Roinn Tionscail agus Tráchtála.
I am directed by the Select Committee on Statutory Instruments to refer to the Gas Fund (Contribution) Order, 1959 [S.I. No. 54 of 1959]. Having regard to the terms of section 16 of the Gas Regulation Act, 1920, under which the instrument was presented to Seanad Éireann, the Committee would be glad if it could be furnished with a memorandum explaining why the instrument was framed as an order and not as rules particularly in view of the distinction between the two types of instrument implied in section 15(3) of the Interpretation Act, 1937 which applies to the instrument.
M. G. KILROY,
Cléireach an Rogha-Choiste.
4 Nollaig, 1959.
An Roinn Iompair agus Cumhachta,
Sráid Cill Dara,
Baile Átha Cliath.
An Rogha Choiste um Ionstraimí Reachtúla,
I am directed by the Minister for Transport and Power to refer to your minute of 4 Nollaig, 1959, addressed to the Department of Industry and Commerce in connection with the Gas Fund (Contribution) Order, 1959 (S.I. No. 54 of 1959). As the appropriate functions have been transferred to the Minister for Transport and Power, the minute has been transmitted to this Department for attention.
The rate of contribution to the Gas Fund has been prescribed by statutory order since 1935 in accordance with the advice of the then Legal Adviser to the Department of Industry and Commerce. This was the practice followed in Britain.
The Attorney General has been consulted in connection with the enquiry from the Select Committee. He considers that the Gas Fund (Contribution) Order, 1959 (S.I. No. 54 of 1959) is a proper form for expressing the fulfilment by the Minister of his duty to prescribe the rate of contribution under Section 7(4) of the Gas Regulation Act, 1920 but that this is not a matter coming within the powers of making rules conferred by Section 16(1) of that Act. It has been decided accordingly that future orders will not be made or presented under that Section.
T. J. BEERE.
24 Feabhra, 1960.