No. 2/1943:

EXPORTED LIVE STOCK (INSURANCE) ACT, 1943

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and collective citation.

2 Definitions.

3 The appointed day.

4 Appointed minimum value of animals for levy purposes.

5 Appeals against determination of claims for compensation in respect of lost or damaged live stock.

PART II AMENDMENT OF THE PRINCIPAL ACT

6 New provisions in relation to the Exported Live Stock (Insurance) Board.

7 Amendment of section 11 of the Principal Act.

8 Amendment of section 16 of the Principal Act.

9 Amendment of section 18 of the Principal Act.

10 Amendment of section 21 of the Principal Act.

PART III EXTENSION OF THE PRINCIPAL ACT TO ANIMALS EXPORTED VIA NORTHERN IRELAND

11 Interpretation of Part III.

12 Levies on animals exported via Northern Ireland.

13 The owner's statement.

14 Compensation in respect of lost or damaged live stock exported via Northern Ireland.

15 Compensation in respect of liability on foot of general average contribution.

PART IV RECOVERY OF DAMAGES BY THE BOARD AGAINST NEGLIGENT SHIPPING OR RAILWAY COMPANY

16 Recovery of damages by the Board against negligent shipping or railway company.

AN ACT TO AMEND AND EXTEND THE EXPORTED LIVE STOCK (INSURANCE) ACT, 1940 .

[23rd February, 1943.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Exported Live Stock (Insurance) Act, 1943 .

(2) The Principal Act and this Act may be cited together as the Exported Live Stock (Insurance) Acts, 1940 and 1943.

2.—In this Act—

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

the expression "the Principal Act" means the Exported Live Stock (Insurance) Act, 1940 (No. 25 of 1940);

the expression "the Board" means the Exported Live Stock (Insurance) Board;

the expression "the National Executive" means the National Executive of the Irish Live Stock Trade;

the word "animal" has the same meaning as in the Principal Act.

3.—The Minister may by order appoint such day as he thinks fit to be the appointed day for the purposes of this Act and the expression "the appointed day" means in this Act the day so appointed.

4.—(1) For the purposes of computing the amount of the levy on animals payable under the Principal Act and Part III of this Act, the Board, after consultation with the National Executive, shall, before the appointed day, and may thereafter whenever and so often as it thinks fit, by order—

( a ) divide cattle into such and so many classes as it thinks fit;

( b ) appoint—

(i) as regards each such class of cattle, a specified sum to be the minimum value of a head of cattle of that class,

(ii) a specified sum to be the minimum value of a sheep (other than a lamb),

(iii) a specified sum to be the minimum value of a lamb,

(iv) a specified sum to be the minimum value of a pig.

(2) Every order made under sub-section (1) of this section shall remain in force until a subsequent order under this section is made and comes into force.

(3) References in the Principal Act, as amended by Part II of this Act, in the next following section and in Part III of this Act, to the appointed minimum value of an animal shall be construed as references to the sum appointed by an order under this section and for the time being in force, as the minimum value of an animal of the same kind.

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.

PART II AMENDMENT OF THE PRINCIPAL ACT

6.—(1) The Board shall as from the passing of this Act consist of nine members, and the National Executive shall, as soon as may be after the said passing, appoint a person to be a member of the Board.

(2) Each of the persons, who are members of the Board immediately after the appointment mentioned in sub-section (1) of this section, shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day in the year 1945 on which the National Executive appoint, in pursuance of sub-section (3) of this section, nine members of the Board.

(3) The National Executive shall, on a day in the year 1945, appoint nine members of the Board and of the members so appointed—

( a ) each of three (to be selected by the National Executive at the time of appointment) shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day in the year 1946 on which the National Executive appoint, in pursuance of sub-section (4) of this section, three members of the Board;

( b ) each of three (to be selected by the National Executive at the time of appointment) shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day in the year 1947 on which the National Executive appoint, in pursuance of sub-section (4) of this section, three members of the Board;

( c ) each of three (to be selected by the National Executive at the time of appointment) shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day in the year 1948 on which the National Executive appoint, in pursuance of sub-section (4) of this section, three members of the Board.

(4) The National Executive shall, on a day in the year 1946 and in each subsequent year, appoint three members of the Board, and each member so appointed in any such year shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day, in the third year after the year of his appointment on which the National Executive appoint, in pursuance of this sub-section, three members of the Board.

(5) The term of office of each member of the Board appointed under this section shall commence on the day next following the date of this appointment.

(6) Whenever a member of the Board dies, resigns, or becomes disqualified, the National Executive shall, as soon as conveniently may be, appoint another person to be a member of the Board, and the person so appointed shall hold office for the period for which the member so dying, resigning or becoming disqualified would have held office if he had not died, resigned or become disqualified.

(7) Sub-section (1) of section 4, and sub-sections (1), (3), (4) and (5) of section 5 of the Principal Act are hereby repealed.

7.—Section 11 of the Principal Act is hereby amended by the insertion of the words "acquire or" before the words "take on lease".

8.—Sub-section (1) of section 16 of the Principal Act is hereby amended with effect as on and from the appointed day, as defined by section 3 of this Act, by the insertion after the words "the declared value of such animal" of the words "or, if the declared value and the appointed minimum value of such animal differ, of whichever of the said values is the greater."

9.—(1) Sub-section (1) of section 18 of the Principal Act is hereby amended by the insertion, after the words "the declared value of such animal" and within the brackets, of the words "or if the declared value and the appointed minimum value of such animal differ, whichever of the said values is the greater."

(2) The amendment effected by sub-section (1) of this section shall only apply in respect of an animal exported on or after the appointed day, as defined by section 3 of this Act.

(3) Sub-section (2) of section 18 of the Principal Act is hereby amended in the following respects:—

( a ) by the insertion before the word "until" of the words "from the time such animal is put on board a ship at a port in the State",

( b ) by the deletion of the word "seventy-two" where it occurs and the substitution therefor of the word "eighty-four."

10.—Section 21 of the Principal Act is hereby amended by the insertion at the end thereof of the following sub-section—

"(5) Where a committee of assessors investigating a claim for compensation under this Act have disallowed the claim, a committee of assessors may, if fresh evidence is produced by the claimant within three months after the date of disallowance, re-investigate the claim and on such re-investigation deal with the claim as if such disallowance had not been made."

PART III EXTENSION OF THE PRINCIPAL ACT TO ANIMALS EXPORTED VIA NORTHERN IRELAND

11.—(1) References in this Part of this Act to the Principal Act shall be construed as references to the Principal Act as amended by Part II of this Act.

(2) In this Part of this Act—

the expression "British landing place" has the same meaning as in the Detained Animals (Compensation) Act, 1932 (No. 9 of 1932);

the expression "levy stamps" has the same meaning as in the Principal Act.

12.—(1) The owner of each animal which is, on or after the appointed day, delivered in the State to a carrier for shipment via Northern Ireland to a British landing place shall pay, by means of levy stamps, in respect of such animal, to the Board a levy of an amount equal to the appointed percentage, at the time of delivery, of the declared value of such animal or, if the declared value and the appointed minimum value of such animal differ, of whichever of the said values is the greater.

(2) The reference in sub-section (1) of this section to the appointed percentage at the time of delivery shall be construed as a reference to the percentage fixed by an order under sub-section (2) of section 16 of the Principal Act in force at the time of such delivery.

13.—(1) Where the owner of any animals delivers, on or after the appointed day, such animals in the State to a carrier for shipment via Northern Ireland to a British landing place, the following provisions shall have effect, that is to say:—

( a ) such owner shall before so delivering such animals deliver to such carrier in duplicate a statement (in this Part of this Act referred to as the owner's statement) in writing in the prescribed form containing the following particulars, that is to say:—

(i) the name and address of such owner;

(ii) the number and a description of such animals corresponding to the number and description thereof set out in the appropriate Customs Form;

(iii) in respect of each animal to which such statement relates, the sum which is, in the opinion of such owner, the value of such animal;

( b ) such owner shall before delivering such statement to such carrier affix in the prescribed manner to one of the said duplicates levy stamps of a face value equal to the levies payable under this Part of this Act in respect of such animals;

( c ) such carrier shall not place such animals in any railway waggon or vehicle unless he is satisfied that the number and description of such animals correspond to the number and description contained in such statement and that one of the duplicates of such statement has affixed thereto the levy stamps required by paragraph (b) of this sub-section;

( d ) if such carrier places any such animals in a railway waggon or vehicle without the delivery to him of the owner's statement covering such animals and duly stamped in accordance with this sub-section, such carrier shall pay to the Board a sum equal to the whole of the levies payable under this Part of this Act in respect of such animals or so much of the said levies as is not represented by levy stamps affixed to such statement and such sum shall be a debt due by such carrier to the Board and shall be recoverable as a simple contract debt;

( e ) such carrier shall upon receiving such statement deliver as soon as may be to the Board the duplicate upon which the levy stamps have been affixed.

(2) References in this Part of this Act to the declared value of any animal which has been delivered in the State to a carrier for shipment via Northern Ireland to a British landing place shall be construed as references to the value of such animal as set out in the owner's statement relating to such animal which has been delivered in accordance with this section by the owner thereof to the carrier who takes delivery of such animal.

(3) The Board may make rules in regard to any matter referred to in this section as prescribed.

14.—(1) Where—

( a ) an animal is delivered, on or after the appointed day, in the State for shipment via a Northern Ireland port to a British landing place, and

( b ) an owner's statement has, in accordance with this Part of this Act, been delivered in respect of such animal, and

( c ) such animal is lost or damaged, either on land or sea, while in transit,

the owner or the personal representative of the owner of such animal shall be entitled to be paid, in respect of such loss or damage, compensation (not exceeding the declared value of such animal or, if the declared value and the appointed minimum value of such animal differ, whichever of the said values is the greater) and the right to such compensation and the amount thereof shall be determined under and in accordance with the Principal Act.

(2) For the purposes of this section an animal shall be deemed to be in transit from the time it enters Northern Ireland until—

( a ) in case such animal is exported for immediate sale, the date of the holding, subsequent to importation, of the next sale at which it could be conveniently sold or the expiration of eighty-four hours from the time at which it is released from a British landing place, whichever is the earlier,

( b ) in any other case, the time at which such animal arrives at the land on which it is proposed to be kept or the expiration of eighty-four hours from the time at which it is released from a British landing place, whichever is the earlier.

15.—Where—

( a ) an animal is delivered, on or after the appointed day, in the State for shipment via a Northern Ireland port to a British landing place, and

( b ) an owner's statement has in accordance with this Part of this Act been delivered in respect of such animal, and

( c ) the owner or the personal representative of the owner of such animal is liable, under the Marine Insurance Act, 1906, to pay, as such owner or as the personal representative of such owner, a general average contribution, within the meaning of the said Act,

such owner or the personal representative of such owner shall be entitled to be paid in respect of such liability by way of compensation a sum equal to such general average contribution and the right to such compensation and the amount thereof shall be determined under and in accordance with the Principal Act.

PART IV RECOVERY OF DAMAGES BY THE BOARD AGAINST NEGLIGENT SHIPPING OR RAILWAY COMPANY

16.—Where—

( a ) compensation in respect of loss or damage to an animal is payable under section 18 of the Principal Act, or under section 14 of this Act, and

( b ) such loss or damage is alleged to have occurred in circumstances creating a legal liability on a shipping or railway company,

the following provisions shall have effect, that is to say:—

(i) the owner or the personal representative of the owner of the animals shall not take proceedings against such company claiming damages in respect of such loss or damage;

(ii) the Board may, in the name and on behalf of such owner or personal representative, take such proceedings;

(iii) if in such proceedings the claim is established the damages to be awarded shall be a sum equal to the amount of such compensation;

(iv) the damages so awarded shall be payable to the Board and when received by the Board paid into the Exported Live Stock (Insurance) Fund;

(v) any costs and expenses incurred by such owner or his personal representative in such proceedings shall be paid by the Board.