S.I. No. 37/1961 - Local Authorities (Combined Purchasing Regulations) Order, 1961.

1. The price shall be inclusive of all import duties and charges arising therefrom in force on the date on which an application is made to be appointed an official contractor for the commodity.

2. Where an official sample has been provided for the commodity, the quality of the commodity shall not be inferior to the official sample.

3. Where a standard of quality has been specified by the Minister for the commodity, the quality of the commodity supplied shall be of the standard specified.

4. Where an official sample has not been provided and a standard of quality has not been specified for the commodity, the quality of the commodity supplied shall not be inferior to the sample of the commodity furnished by the applicant and deposited at the offices of the Department of Local Government.

5. The commodity shall be delivered—

(a) within the period for delivery from the date of the order therefor which is specified in the tender form with the application to be appointed an official contractor for the commodity.

(b) carriage paid to the railway station or road service depot nearest to the place of delivery indicated by the local authority in the order requiring the supply of the commodity or where the place of delivery so indicated is a specified address within eight miles of the General Post Office at Dublin or at Cork to the address so specified, or

(c) postage paid to the place of delivery indicated by the local authority in the order requiring a supply of the commodity, or

(d) ex-works or ex-stores where the commodity is required to be supplied in bulk and delivery is stated by the applicant in the said tender form to be ex-works and ex-stores.

6. —(1) The commodity shall be consigned by the official contractor securely packed in suitable packing materials, cases or containers.

(2) The official contractor shall not make any charge for packing materials and shall not require such materials to be returned by the local authority.

7. Where a charge to be made for a case or container was specified by the applicant when he applied for appointment and the Minister in appointing the applicant an official contractor authorised the making of the said charge, the amount of such charge shall be recoverable by the local authority when the case or container is returned in good order and condition, carriage paid.

8. In calculating the weight of a commodity, the weight of packing materials, cases and containers shall be excluded except where the commodity is required to be supplied in bulk.

9. Delivery of the commodity shall be effected when the secretary, clerk or other authorised officer of the local authority shall have duly accepted delivery on behalf of the local authority.

10. Where in the public notice in pursuance of subsection (1) of section 6 of the act inviting applications from persons for appointment as official contractor, the Minister states that the commodity is to be supplied in bulk—

(a) the official contractor shall not be required to deliver any quantity less than ten tons ;

(b) where the commodity is delivered in drums, the weight of the drums shall be included in calculating the weight of the commodity and no additional charge shall be made in respect of the drums ;

(c) where delivery of a commodity is made by road or rail tanker the net weight of the commodity only shall be included in the invoice relating to the supply of the commodity ;

(d) on the exterior of every drum in which the commodity is consigned, the official contractor shall mark in a permanent and legible manner a distinguishing number and the total weight of the drum with its contents at the time of dispatch ;

(e) the invoice relating to the consignment shall state the total weight of each drum with its contents at the time of dispatch by reference to the distinguishing number marked on the drum, and

(f) the distinguishing numbers marked on the drums in any one consignment shall be in consecutive numerical order.

GIVEN under the Official Seal of the Minister for Local Government this Twenty-seventh day of February One Thousand Nine Hundred and Sixty-one.

NEIL T. BLANEY

Minister for Local Government.

EXPLANATORY NOTE

This Order prescribes various forms for use under the

Local Authorities (Combined Purchasing) Act, 1939

.

The Order also makes arrangements for the provision of samples of commodities and prescribes the procedure for the testing of the quality or nature of a commodity supplied by an official contractor ; it also specifies the circumstances under which a local authority may purchase a supply of a commodity from a person other than an official contractor.

S.I. No. 37 of 1961.

LOCAL AUTHORITIES (COMBINED PURCHASING REGULATIONS) ORDER, 1961.

The Minister for Local Government in exercise of the powers conferred on him by

sections 8

,

14

,

15

and

19

of the

Local Authorities (Combined Purchasing) Act, 1939

(No. 14 of 1939) by this his Order, makes the following regulations :—