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Provisions as to compensation.
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58.—(1) The provisions of this section shall apply in relation to compensation under section 17 or 22.
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(2) The Minister, with the consent of the Minister for Finance, may by order—
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(a) make provision for regulating the making and determination of applications for, and the mode of assessment and payment of, compensation;
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(b) include provision for the fixing of compensation by agreement between the applicant and the Minister or, in default of agreement, by a valuer appointed by agreement between the applicant and the Minister or, in default of such agreement, by a valuer appointed by the Minister;
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(c) include provision in the event of the applicant disputing the determination of the application, for the settlement of the dispute by arbitration.
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(3) Where a person has been convicted of an offence under this Act in relation to any animals or poultry slaughtered or taken possession of, or carcases or eggs destroyed, under this Act then, as a statutory consequence of such conviction, he shall not be entitled to compensation in respect of such animals, poultry, carcases or eggs
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(4) Where, under subsection (3) a person is disentitled to compensation, the Minister may make an ex gratia payment to him of such amount as the Minister thinks fit, in lieu of compensation, taking into account, any loss to the Exchequer arising by reason of the offence.
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(5) An order under subsection (2) may provide for the post-ponement of consideration of an application for compensation pending the institution or determination of a prosecution for an offence under this Act in relation to animals, poultry, carcases or eggs which are the subject of such application.
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(6) An order under subsection (2) may provide that, in assessing compensation, deductions, estimated in such manner as may be prescribed, may be made in respect of any loss to the Exchequer or to the applicant himself arising by reason of the applicant's failure to take reasonable care to protect against the disease in question the animals, poultry, carcases or eggs which are the subject of the application, or, in the case of imported animals or poultry, where they are shown to have been diseased when imported.
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