Slaughter of Cattle and Sheep (Amendment) Act, 1936

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Number 33 of 1936.

SLAUGHTER OF CATTLE AND SHEEP (AMENDMENT) ACT, 1936.

ARRANGEMENT OF SECTIONS

Number 33 of 1936.

SLAUGHTER OF CATTLE AND SHEEP (AMENDMENT) ACT, 1936.

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN REGARD TO THE DURATION OF THE SLAUGHTER OF CATTLE AND SHEEP ACTS, 1934 AND 1935, AND IN PARTICULAR TO EMPOWER THE EXECUTIVE COUNCIL TO TERMINATE CERTAIN PORTIONS OF THOSE ACTS, AND ALSO TO AMEND THE SAID ACTS IN CERTAIN RESPECTS. [17th July, 1936.]

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

Definitions and construction.

1.—(1) In this Act—

the expression “the Principal Act” means the Slaughter of Cattle and Sheep Act, 1934 (No. 42 of 1934);

the expression “the Amending Act” means the Slaughter of Cattle and Sheep (Amendment) Act, 1935 (No. 37 of 1935).

(2) This Act shall be construed as one with the Slaughter of Cattle and Sheep Acts, 1934 and 1935, and accordingly every expression and word to which a particular meaning is given by either of those Acts for the purposes of such Act shall, in and for the purposes of this Act, have the meaning so given.

Duration of the Principal Act.

2.—Sub-section (2) of section 2 of the Principal Act is hereby repealed and in lieu thereof it is hereby enacted that—

(a) Parts I, VI, VII and VIII of the Principal Act shall continue in force until the Oireachtas otherwise determines, and

(b) Parts II, III, IV, V and IX of the Principal Act shall, subject and without prejudice to any cesser by virtue of an order made by the Executive Council under this Act, continue in force until the 31st day of December, 1936, and shall then expire.

Duration of the Amending Act.

3.—Sub-section (3) of section 1 of the Amending Act is hereby repealed and in lieu there of it is hereby enacted that the Amending Act shall, subject and without prejudice to any cesser of any provision thereof by virtue of an order made by the Executive Council under this Act, continue in force until the 31st day of December, 1936, and shall then expire.

Power to terminate portions of the Principal Act and the Amending Act.

4.—(1) The Executive Council may by order declare that such one or more of the following Parts of the Principal Act as shall be specified in such order, that is to say, Part II, Part III, Part IV, Part V, and Part IX, shall cease to be in force as on and from such date (not being earlier than the date of such order nor later than the 31st day of December, 1936) as shall be specified in that behalf in such order.

(2) The Executive Council may by order declare that such one or more of the provisions of the Amending Act (except section 17 thereof) as shall be specified in such order shall cease to be in force as on and from such date (not being earlier than the date of such order nor later than the 31st day of December, 1936) as shall be specified in that behalf in such order.

(3) Whenever the Executive Council by an order made under this section declares that a Part (mentioned in the first sub-section of this section) of the Principal Act or a provision (other than section 17) of the Amending Act shall cease to be in force, such Part or provision (as the case may be) shall cease to be in force as on and from the date specified in that behalf in such order.

Provisions consequential on the expiry or cesser of the Principal Act or the Amending Act.

5.—(1) When any Part (other than Parts I, VI, VII, and VIII) of the Principal Act or any provision of the Amending Act expires or ceases to be in force by virtue of this Act or an order made by the Executive Council under this Act, sub-section (2) of section 13 of the Interpretation Act, 1923 (No. 46 of 1923), shall apply and have effect in relation to such expiry or cesser as if such expiry or cesser were a repeal by an Act of the Oireachtas passed on the day on which such expiry or cesser takes effect and such Part or provision were repealed by such Act of the Oireachtas as on and from that date.

(2) The subsequent provisions of this section shall operate by way of amplification or extension of the provisions of sub-section (2) of section 13 of the Interpretation Act, 1923 (No. 46 of 1923), as applied by the foregoing sub-section of this section, and none of the said subsequent provisions of this section shall be construed as excluding or replacing any provision of the said sub-section (2) as so applied.

(3) When Part II of the Principal Act expires or ceases to be in force by virtue of this Act or an order made by the Executive Council under this Act, section 14 (as amended by section 6 of the Amending Act) and section 16 (except sub-section (1) thereof) of the Principal Act shall, notwithstanding such expiry or cesser (as the case may be), continue in force subject to the modifications that the expression “registered premises” where it occurs in sub-section (1) of the said section 14 shall be construed as meaning premises which were registered premises immediately before such expiry or cesser, and that the powers conferred by the provisions so continued in force shall be exercisable only for the purposes of a provision of the Principal Act or the Amending Act which is for the time being in force by virtue of this section or otherwise.

(4) When Part III of the Principal Act expires or ceases to be in force by virtue of this Act or an order made by the Executive Council under this Act, section 19 (except sub-section (1) thereof) of the Principal Act shall, notwithstanding such expiry or cesser (as the case may be), continue in force in relation to every levy payable under sub-section (1) of the said section 19 in respect of a levy month which ends on or before the day on which such expiry or cesser takes effect.

(5) When Part IX of the Principal Act expires or ceases to be in force by virtue of this Act or an order made by the Executive Council under this Act, sections 48 , 49 and 53 of the Principal Act as amended by the Amending Act shall, notwithstanding such expiry or cesser (as the case may be), continue in force in relation to all beef supplied under the said Part IX as so amended during any prescribed period which ends on or before the date on which such expiry or cesser takes effect.

(6) When section 13 of the Amending Act expires or ceases to be in force by virtue of this Act or an order made by the Executive Council under this Act, the said section 13 shall, notwithstanding such expiry or cesser (as the case may be), continue in force in relation to every levy payable under section 19 of the Principal Act in respect of a levy month which ends on or before the day on which such expiry or cesser takes effect.

(7) When section 14 of the Amending Act expires or ceases to be in force by virtue of this Act or an order made by the Executive Council under this Act, sub-sections (4), (5), and (7) of the said section 14 shall, notwithstanding such expiry or cesser (as the case may be), continue in force in relation to every levy payable under sub-section (1) of the said section on a demand made by the Minister before such expiry or cesser.

Amendment of section 41 of the Principal Act.

6.—(1) Section 41 of the Principal Act is hereby amended by the insertion at the end of sub-section (3) thereof of the following paragraph, that is to say:—

“(d) a provision whereby the Minister agrees to pay compensation on a failure to supply cattle in pursuance of an agreement entered into by him under the next preceding paragraph of this sub-section.”

and the said section shall be construed and have effect accordingly.

(2) This section shall have and be deemed to have had effect as from the coming into operation of Part VIII of the Principal Act.

Re-enactment of section 17 of the Amending Act.

7.—In order to preserve the operation of section 17 of the Amending Act after the expiry of that section by virtue of this Act, section 34 of the Principal Act is hereby amended as on and from such expiry by the insertion therein of the following sub-section in lieu of sub-section (4) now contained therein and the said section 34 shall, so long as it continues in force after such expiry, be construed and have effect accordingly, that is to say:—

“(4) The Minister may, whenever he thinks fit so to do, revoke, subject to the provisions of the next following sub-section of this section, a manufacturing licence.”

Further powers of inspection and examination.

8.—(1) Every inspector is hereby authorised and empowered to do all or any of the following things, that is to say:—

(a) at all reasonable times to enter upon and have free access to the interior of any premises in which the business of preparing for sale for human consumption meat preserved and intended to be sold in a barrel, tin, jar, or other container or the business of manufacturing or preparing for sale for human consumption any essence, extract, or other preparation (whether liquid or solid) derived wholly or mainly from meat or both of those businesses is or are carried on or believed to be carried on;

(b) to examine all meat and any such essence, extract or preparation as aforesaid found in any premises to the interior of which he has access by virtue of this section and for that purpose to open any package, barrel, tin, jar, or other container found in such premises and containing or believed to contain meat or any such preparation;

(c) at any time or place to ask of any person who has or at any time had the custody or possession of any meat or any such preparation found in the course of the exercise of any of the powers conferred by this section such questions in relation to such meat or any such preparation as such inspector shall think proper, and to demand and take the name and address of such person and also to demand and take from such person the name and address of the owner of such meat or any such preparation;

(d) at any time or place to demand of any person who has or at any time had the custody or possession of any meat or any such preparation found in the course of the exercise of any of the powers conferred by this section, the production of all records, invoices, consignment notes, receipts, and other documents (including copies thereof where the originals are not available) relating to such meat or any such preparation, and to take copies of and make extracts from any such documents including as aforesaid.

(2) Every person who shall do any of the following things, that is to say:—

(a) obstruct or impede any inspector in the exercise of any of the powers conferred by this section, or

(b) fail or refuse to answer to the best of his knowledge and ability any question asked of him by an inspector in exercise of a power in that behalf conferred by this section, or

(c) give an answer to any such question which is to his knowledge false or misleading, or

(d) when his own or any other name or address is demanded of him by an inspector in exercise of a power in that behalf conferred by this section fail or refuse to give such name, or fail or refuse to give such address, or give a name or an address which is false or misleading, or

(e) fail or refuse to produce any document the production of which is lawfully demanded of him by an inspector in exercise of a power in that behalf conferred by this section, or fail or refuse to permit an inspector to take copies of or to make extracts from any such document,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Short title and citation.

9.—(1) This Act may be cited as the Slaughter of Cattle and Sheep (Amendment) Act, 1936.

(2) The Slaughter of Cattle and Sheep Acts, 1934 and 1935, and this Act may be cited together as the Slaughter of Cattle and Sheep Acts, 1934 to 1936.