No. 22/1938:

SLAUGHTERED AND DETAINED ANIMALS (COMPENSATION) ACT, 1938

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Compensation in respect of depreciation of detained live stock.

3 Detained animals (compensation for depreciation) regulations.

4 Application of certain provisions of the Act of 1932.

5 Amendment of the Act of 1928.

6 Short title and collective citation.

AN ACT TO AMEND AND EXTEND THE SLAUGHTERED AND DETAINED ANIMALS (COMPENSATION) ACTS, 1928 AND 1932.

[27th July, 1938.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

the expression "the Minister" means the Minister for Agriculture;

the expression "the Act of 1932" means the Detained Animals (Compensation) Act, 1932 (No. 9 of 1932).

(2) Every expression used in this Act to which a particular meaning is given by section 1 of the Act of 1932 has in this Act the meaning so given to it.

2.—(1) Where any live stock which has been exported, on or after the 1st day of October, 1936, from a port in the State to a British Landing place (other than live stock so exported after an order has been made by the British authorities declaring that an area, which includes such British landing place, is an area infected with foot-and-mouth disease) are detained at such British landing place for a period (in this sub-section referred to as the 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 following provisions shall have effect, that is to say:—

( a ) 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 compensation in respect of the depreciation due to such detention;

( b ) if such live stock die, otherwise than by being slaughtered, during the additional period, 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 compensation in respect of the death of such live stock.

(2) Compensation under this section in respect of any live stock shall be in addition to any compensation payable under the Act of 1932 in respect of such live stock.

3.—The Minister may, after consultation with the National Executive of the Irish Live Stock Trade, make regulations (in this Act referred to as the detained animals (compensation for depreciation) regulations) fixing the rates at which compensation under this Act (other than compensation in respect of the death of live stock) is to be paid, and may by such regulations fix different rates in respect of different kinds (defined in such manner and by reference to such things as the Minister thinks proper) of live stock.

4.—(1) Sections 3, 4 and 8 of the Act of 1932 shall apply in respect of compensation under this Act as fully as if the said sections were enacted in this Act, with and subject to the following modifications, that is to say:—

( a ) in sub-sections (1) and (2) of the section 3, the words "the detention of" shall be omitted;

( b ) in fixing under sub-section (1) of the said section 4 the amount of compensation under this present Act the committee of assessors shall, in case the claim is not in respect of the death of live stock, fix such compensation in accordance with the appropriate rate set forth in the detained animals (compensation for depreciation) regulations;

( c ) paragraph (c) of the said section 8 shall not apply.

(2) The reference in section 5 of the Act of 1932 to the Act of 1932 shall be construed as including a reference to this present Act.

(3) The reference in section 6 of the Act of 1932 to the Act of 1928 shall be construed as including a reference to the Act of 1932.

5.—(1) Sub-section (2) of Section 7 of the Act of 1928 is hereby amended by the substitution of the word "three" for the word "two", and the said sub-section shall be construed and have effect accordingly.

(2) 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.

6.—This Act may be cited as the Slaughtered and Detained Animals (Compensation) Act, 1938 , and the Slaughtered and Detained Animals (Compensation) Acts, 1928 and 1932, and this Act may he cited together as the Slaughtered and Detained Animals (Compensation) Acts, 1928 to 1938.