Exported Live Stock (Insurance) Act, 1943
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Appeals against determination of claims for compensation in respect of lost or damaged live stock. |
5.—(1) Where a committee of assessors who investigated a claim for compensation under section 18 of the Principal Act has disallowed, at any time before the appointed day, the claim in whole or in part, then if, but only if, the claimant, within fourteen days after the appointed day, requests the Board in writing to refer his claim to the standing referee and deposits with the Board the appropriate appeal fee, the Board shall refer the claim to the standing referee. | |
(2) Whenever a committee of assessors investigating a claim for compensation under section 18 of the Principal Act or section 14 (which relates to compensation in respect of lost or damaged live stock exported via Northern Ireland) of this Act disallows, on or after the appointed day, the claim in whole or in part, the following provisions shall have effect:— | ||
(a) the Board shall serve on the claimant notice in writing of the determination of the said committee of assessors, | ||
(b) if, but only if, the claimant, within fourteen days after such service, requests the Board in writing to refer his claim to the standing referee and deposits with the Board the appropriate appeal fee, the Board shall refer the claim to the standing referee. | ||
(3) Where the Board refer under this section a claim for compensation to the standing referee, the following provisions shall have effect:— | ||
(a) the standing referee shall rehear the claim and his determination (both as to the right to the compensation and the amount (if any) thereof) on such rehearing shall be final and conclusive; | ||
(b) if, on such rehearing, the standing referee reverses the decision of the committee of assessors who investigated the claim, the Board shall refund to the claimant the appropriate appeal fee, but otherwise shall retain it and pay it into the Exported Live Stock (Insurance) Fund. | ||
(4) In this section the expression “the appropriate appeal fee”, in relation to the reference, under this section, to a claim for compensation to the standing referee, means in case the claim relates to animals exported before the appointed day a sum equal to ten pounds or five per cent. of the declared value, within the meaning of the Principal Act, of each animal to which the claim relates, whichever is the greater, or in any other case a sum equal to ten pounds or five per cent, of the appointed minimum value of each animal to which the claim relates, whichever is the greater. | ||
(5) The Minister shall from time to time as occasion requires appoint after consultation with the National Executive a person (who shall hold office during the pleasure of the Minister) to be the standing referee for the purposes of rehearing claims under this section, and there shall be paid by the Board to the standing referee out of the Exported Live Stock (Insurance) Fund such fees and allowances for expenses as the Minister may direct. | ||
(6) Sub-section (4) of section 21 of the Principal Act is hereby repealed. |