Detained Animals (Compensation) Act, 1932

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Number 9 of 1932.

DETAINED ANIMALS (COMPENSATION) ACT, 1932.

ARRANGEMENT OF SECTIONS

Number 9 of 1932.

DETAINED ANIMALS (COMPENSATION) ACT, 1932.

AN ACT TO PROVIDE FOR THE PAYMENT OUT OF THE SLAUGHTERED ANIMALS (COMPENSATION) FUND OF COMPENSATION IN RESPECT OF THE DETENTION UNDER AUTHORITY OF LAW AT A PORT IN GREAT BRITAIN OF CERTAIN LIVE STOCK EXPORTED FROM A PORT IN SAORSTÁT ÉIREANN AND TO AMEND THE SLAUGHTERED ANIMALS (COMPENSATION) ACT, 1928 . [2nd July, 1932.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1.—In this Act—

the expression “the Act of 1928” means the Slaughtered Animals (Compensation) Act, 1928 (No. 12 of 1928);

the expression “the Trustees” means the body known as the Slaughtered Animals (Compensation) Trustees established under the Act of 1928;

the expression “the compensation fund” means the Slaughtered Animals (Compensation) Fund established under the Act of 1928;

the expressions “cattle” “sheep” “pig” and “live stock” have the meanings respectively assigned to such expressions by the Act of 1928 ;

the expression “the British authorities” means the Minister or other officer or person having for the time being authority by law in Great Britain to require animals landed at a port in Great Britain to be detained at such port;

the expression “British landing place” means that part of a port in Great Britain for the time being approved by the British authorities for the landing of animals imported from Saorstát Eireann;

the expression “the normal period” in relation to the detention of any live stock at a British landing place means the period during which such live stock are required by law in normal circumstances to be detained and isolated in a reception lair at such landing place.

Compensation in respect of detention of live stock.

2.—Whenever live stock which have been exported on or after the 16th day of June, 1931, from a port in Saorstát Eireann to a British landing place are detained at such landing place for a period (in this section referred to as an additional period) beyond the normal period by reason of the requirements of the British authorities in consequence of an outbreak or suspected outbreak or apprehended danger of foot and mouth disease, the owner or the personal representative of the owner of such live stock shall, subject to the provisions of this Act, be entitled to be paid in respect of such detention compensation of an amount equal to the prescribed lairage and feeding charges for such live stock during such additional period.

Committee of assessors.

3.—(1) Every claim for compensation under this Act in respect of the detention of any cattle or sheep shall be referred by the Trustees to and shall be investigated by a committee of assessors consisting of three persons who shall, if and so far as qualified members of the Trustees are available, be members of the Trustees and be appointed by the Trustees and shall, if or so far as such members are not available, be persons engaged in the business of exporting cattle and sheep from Saorstát Eireann and be appointed on the request of the Trustees by the organisation commonly called the National Executive of the Irish Live Stock Trade (in this section referred to as the National Executive) but no such committee of assessors shall include a member of the Trustees who in pursuance of the Act of 1928 was nominated to be such member on account of his being engaged in the business of exporting pigs from Saorstát Eireann.

(2) Every claim for compensation under this Act in respect of the detention of any pigs shall be referred by the Trustees to and shall be investigated by a committee of assessors consisting of three persons who shall, if and so far as qualified members of the Trustees are available, be members of the Trustees who in pursuance of the Act of 1928 were nominated as such members on account of their being engaged in the business of exporting pigs from Saorstát Eireann and be appointed to such committee by the Trustees and shall, so far as such members are not available, be persons engaged in the business of exporting pigs from Saorstát Eireann and be appointed by the National Executive on the request of the Trustees.

(3) A person who has a pecuniary interest in a claim for compensation under this Act shall be disqualified from being a member of the committee of assessors investigating such claim.

(4) Committees of assessors for the purposes of this section shall be appointed by the Trustees and by the National Executive on the request of the Trustees as and when occasion requires or the Trustees consider such appointment desirable.

Determination of claims for compensation.

4.—(1) When a committee of assessors have investigated a claim for compensation under this Act they shall determine whether the claimant is or is not entitled to such compensation, and where such committee determine that such claimant is entitled to such compensation such committee shall fix the amount thereof.

(2) Every committee of assessors shall forthwith report to the Trustees their decision on every claim for compensation under this Act investigated by them and the amount (if any) of the compensation fixed by them as payable under this Act in respect of such claim.

(3) Where a committee of assessors report under this section to the Trustees that a claimant for compensation under this Act is entitled to such compensation the Trustees shall pay out of the compensation fund to such claimant the amount of such compensation as fixed by the said committee.

(4) The determination under this Act by a committee of assessors of a claim for compensation under this Act shall be final and conclusive both as to the right to such compensation and the amount (if any) thereof.

Expenses of committees of assessors.

5.—There shall be paid out of the compensation fund to members of committees of assessors (whether such members are or are not members of the Trustees) in respect of the performance of their duties as such members under this Act travelling expenses and subsistence allowances at the rates and scales for the time being fixed under sub-section (2) of section 20 of the Act of 1928.

Additional payments out of compensation fund.

6.—In addition to the moneys required by the Act of 1928 to be paid out of the compensation fund there shall be paid out of the said fund by the Trustees all moneys required by this Act to be paid out of the said fund.

Amendments of Act of 1928.

7.—(1) Section 12 of the Act of 1928 shall be construed and have effect and be deemed always to have had effect as if—

(a) there were inserted in the said section before the words “Saorstát Eireann” now contained therein the words “a port in,” and

(b) there were substituted in the said section for the words “such port” now contained therein the words “such last-mentioned port.”

(2) Section 17 of the Act of 1928 is hereby amended by the substitution of the word “forty” for the word “twenty” in sub-section (1) of that section, and that section shall be construed and have effect accordingly.

(3) The reference in sub-section (1) of section 19 of the Act of 1928, to the Act of 1928 shall be construed as including a reference to this present Act and the said sub-section shall have effect accordingly.

Rules by the Trustees.

8.—The Trustees may make rules in regard to all or any of the following matters, that is to say :—

(a) the form and method in which applications for compensation under this Act are to be made ;

(b) the procedure of committees of assessors appointed under this Act, including the method of determination by such committees of matters requiring to be determined by them ;

(c) any matter referred to in this Act as prescribed.

Short title and citation.

9.—This Act may be cited as the Detained Animals (Compensation) Act, 1932, and the Act of 1928 and this Act may be cited together as the Slaughtered and Detained Animals (Compensation) Acts, 1928 and 1932.