(Charges and Supply).

A

BILL

ΤΟ

Prevent excessive charges for building materials, A.D. 1926. and to make provision for securing an adequate supply of such materials, and for other purposes incidental thereto.

E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows:

materials

1. (1) Where the Board of Trade receive a repre- Power to sentation from the Minister of Health to the effect that investigate the price of any article or class of articles in common prices, &c., use in connection with the building of houses for the of building 10 working classes appears to the Minister to be excessive, and to the Board shall have power to investigate prices, con- regulate ditions of supply, costs and profits at all stages in prices and respect of such article or class of articles, and to enquire conditions into the matters aforesaid to such extent and in relation of supply. 15 to such persons or combinations of persons as the Board may deem necessary in order to enable them to deal with the representation.

(2) If as a result of any such investigation the Board are satisfied that, whether through the action of 20 a combination of persons or from any other cause whatsoever, the prices charged or sought to be charged by any person in respect of any such article or class of articles are in view of all the circumstances, unreasonably high, or that the conditions imposed or sought to be imposed 25 by any person in relation to the supply of any such

(Charges and Supply).

A.D. 1926. article or class of articles are unreasonable, the Board shall, in respect of any such article or class of articles, have power by order

Investigations.

(a) to fix or regulate prices and to vary prices so fixed or regulated; and

(b) to prohibit or restrict the imposition of conditions of supply or the charging or seeking to charge prices in excess of maximum prices fixed by the order.

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(3) Any such order may be made so as to apply 10 to any person whose business has been the subject of investigation and to any person who appears to the 'Board to be a member of any such combination as aforesaid, and the provisions of any such order shall be complied with, notwithstanding anything contained 15 in any agreement to which any persons affected by the order are parties, and any such agreement shall have effect accordingly.

(4) Whenever it appears to the Board that an order so made is ineffective to prevent the excessive charges 20 which have been the subject of the representation, the Board may make an order extending the first mentioned order to all or any persons whose business is carried on in any specified area or so as to apply universally.

(5) Any person who contravenes or fails to comply 25 with the provisions of any such order shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

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2. (1) For the purposes of an investigation under this Act, any officer of the Board of Trade or other person authorised in writing by the Board may require the production to him of any books or documents relating to any matters which are the subject of the investigation, 35 and may inspect and examine and copy the same, and may make such enquiries relating to the said matters as may appear to him to be necessasy for the purposes of the investigation.

(2) If any person at or for the purposes of any 40 such investigation

(a) knowingly or recklessly furnishes any information or makes any representation which is false in any material particular; or

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10

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(Charges and Supply).

(b) having the custody or control of any book or A.D. 1926.
document which an officer of the Board of
Trade or other person is authorised to inspect
under this section, unreasonably refuses or
wilfully neglects to produce it for inspection;

or

(c) being able to give any information which is
required under this section, unreasonably re-
fuses or wilfully neglects when required to give
that information;

he shall be liable on summary conviction to a fine not
exceeding one hundred pounds or to imprisonment for a
term not exceeding three months, or to both such
fine and imprisonment.

(3) Any information obtained at or for the purposes of an investigation under this Act shall be treated as confidential and shall not be communicated to any person except the Board of Trade and the Minister of Health, save in cases where the person giving or pro20 ducing the same otherwise agrees, and, in cases where legal proceedings are taken, for the purpose of such proceedings, and if any person discloses or publishes any information so obtained in contravention of this provision he shall be liable on summary conviction to a 25 fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment :

Provided that any statement, whether oral or in writing, made for the purposes or in the course of 30 any investigation under this Act shall be absolutely privileged.

of Health

3.-(1) If after an investigation has been held under Orders this Act it appears to the Minister of Health after con- empowering sultation with the Board of Trade that the production the Minister 35 or supply of any article or class of articles in common to requisiuse in connection with the building of houses for the working classes is being unreasonably prevented, withheld or restricted by any person, the Minister may by order

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tion stocks

and out-put and carry

on business where

(a) require that person to place at the disposal supply is unof the Minister the whole or any part of the reasonably stocks of such article or class of articles held by withheld.

A.D. 1926.

Compensation payable

by the Minister.

(Charges and Supply).

the business carried on by him, and to deliver
to the Minister or to any person or persons
named by him the stocks or out-put or such
part thereof as aforesaid in such quantities and
at such time and places and during such periods 5
as may be specified by the Minister;

(b) take power to take possession of the lands and
buildings in which the business of producing
or supplying the articles is carried on by
that person and of the plant and machinery 10
used in the business, or any part of such
lands, buildings, plant or machinery, and to
retain possession thereof for such period as
the Minister considers necessary, and to carry
on the business or to make provision for the 15
business being carried on under the direction
of the Minister;

and any such order shall have effect as if enacted in this
Act.

(2) When the Minister has taken possession of the 20 premises of any person under any such order, he shall withdraw from possession thereof if and when he is satisfied that the production and supply of the article or class of articles will no longer be unreasonably prevented, withheld or restricted by that person.

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(3) If any person fails to comply with any requirement of the Minister under such order, or wilfully obstructs or interferes with the Minister in the exercise of any of his powers under the order, he shall be liable on summary conviction to a fine not exceeding one 30 hundred pounds or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

(4) Any order made by the Minister of Health under this section shall be laid before both Houses of 35 Parliament as soon as may be after it is made.

4. Any person to whom an order made by the Minister of Health under this Act applies shall be entitled to receive from the Minister compensation for any direct loss or damage suffered by him by reason of any 40 direct interference with his property or business under the powers conferred by the order; and the amount of such compensation shall, in default of agreement, be determined by an arbitrator appointed by

(Charges and Supply).

the Lord Chancellor; provided that in determining A.D. 1926. the amount of such compensation no allowance shall be made in respect of the loss of any profits, benefits or advantages that might have accrued to such person 5 had not the Minister taken possession of the premises on which the business was carried on, and no compensation shall be awarded in respect of stocks or out-put of articles placed at the disposal of the Minister in excess of the maximum prices which could have been 10 charged for the same in accordance with any order of the Board of Trade made under this Act, and applicable or capable of being extended to those articles at the time when they were placed at the disposal of the Minister.

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5. Where a person convicted of an offence under Liability of this Act is a company, the chairman and every managing chairman, director or director, and every officer concerned in the management officer for of the company, shall be guilty of a like offence unless offences he proves that the act or default which constituted the committed 20 offence took place without his knowledge. by a com

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pany.

6. Any expenses incurred by the Board of Trade Expenses. or the Minister of Health in the execution of their respective powers and duties under this Act shall, subject to the approval of the Treasury, be defrayed out of moneys provided by Parliament.

7. Anything authorised or required to be done to Action by or by the Board of Trade under this Act may be done the Board to or by the President, or a Secretary or Assistant of Trade. Secretary of the Board, or any person authorised in 30 that behalf by the President of the Board.

8. This Act in its application to Scotland shall have Application effect subject to the following modifications, namely: to Scotland. the Scottish Board of Health shall be substituted for the Minister of Health, the Lord President of the Court 35 of Session shall be substituted for the Lord Chancellor and "arbiter " shall be substituted for "arbitrator."

9. This Act may be cited as the Building Materials Short title (Charges and Supply) Act, 1926, and shall not extend and extent.