No. 10/1950:

EXPORTED LIVE STOCK (INSURANCE) ACT, 1950

ARRANGEMENT OF SECTIONS

1 Definitions.

2 British landing place.

3 Compensation for live stock lost or damaged in transit.

4 Compensation for fat cattle condemned or reduced in value.

5 Limitation on amount of compensation.

6 Travelling expenses and allowances of numbers of the Board and persons acting for the Board.

7 Amendment of section 16 of the Principal Act.

8 Re-investigation of claims or parts of claims under the Principal Act as amended by the Act of 1943.

9 Repeals.

10 Short title, collective citation and construction.

SCHEDULE

AN ACT TO AMEND AND EXTEND THE EXPORTED LIVE STOCK (INSURANCE) ACTS, 1940 AND 1943.

[5th April, 1950.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

"the Act of 1943" means the Exported Live Stock (Insurance) Act, 1943 (No. 2 of 1943);

"the British Ministry of Food" includes any successor body which may be officially appointed in Great Britain to purchase Irish live stock and which is declared by order of the Minister to be such successor body;

"the Minister" means the Minister for Agriculture;

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

2.—In the Exported Live Stock (Insurance) Acts, 1940 and 1943, and this Act, the expression "British landing place" means that part of a port in Great Britain or the Isle of Man (other than an airport) for the time being approved for the landing of animals imported from the State.

3.—(1) Where—

( a ) an animal is exported from a port in the State to a British landing place, or is delivered in the State to a carrier for shipment via a Northern Ireland port to a British landing place, and

( b ) a shipper's statement in accordance with The Principal Act or an owner's statement in accordance with the Act of 1943 (as the case may be), has 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 under and in accordance with The Principal Act as amended by the Act of 1943 and this Act.

(2) For the purposes of this section an animal shall be deemed to be in transit from the time such animal is put on board a ship at a port in the State or, if such animal is delivered in the State to a carrier for shipment via a Northern Ireland port, from the time it enters Northern Ireland, until—

( a ) in case such animal is exported to the British Ministry of Food for slaughter, the time at which the British Ministry of Food assumes ownership of the animal,

( b ) in case such animal is exported for sale in Great Britain or the Isle of Man otherwise than to the British Ministry of Food, 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 was released from a British landing place, whichever is the earlier,

( c ) in case such animal is re-exported from a port in Great Britain to another country, the time at which the animal arrives at the port from which it is to be shipped to such other country or the expiration of eighty-four hours from the time at which it is released from a British landing place, whichever is the earlier,

( d ) in any other case, the time at which such animal arrives at the land in Great Britain or the Isle of Man 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.

(3) In this section the word "damaged" does not include bruising.

4.—(1) Where—

( a ) cattle are described in a shipper's statement or in an owner's statement as fat cattle, and

( b ) such cattle are or were exported on or after the 12th day of July, 1948, to the British Ministry of Food, and

( c ) the owner of such cattle suffers loss in any of the following circumstances:—

(i) that any carcase or any portion of a carcase is, at the slaughter centre, condemned as being diseased and is declared by the appropriate authority to be unfit for human consumption by reason of such disease,

(ii) that a charge is made in consequence of a carcase being required by the appropriate authority to undergo special treatment to ensure fitness for human consumption, or

(iii) that any carcase or portion of a carcase is, at the slaughter centre, reduced in value because of bruising,

the owner or the personal representative of the owner of such cattle shall, subject to subsection (2) of this section, be entitled to be paid in respect of such loss compensation under and in accordance with the Exported Live Stock (Insurance) Acts, 1940 and 1943, and this Act, provided, however, that no change of ownership of such cattle took place before the carcase or the portion of the carcase was graded and classified.

(2) Compensation under this section shall only be payable subject to prescribed conditions.

(3) The Minister may, with the consent of the National Executive, make regulations to extend any of the provisions of the Exported Live Stock (Insurance) Acts, 1940 and 1943, and this Act, to animals exported to countries or places other than Great Britain or the Isle of Man.

5.—The amount of compensation payable in respect of an animal under section 3 or section 4 of this Act, or under both those sections, shall not exceed the declared value of the animal, or if the declared value and the appointed minimum value of the animal differ, shall not exceed whichever of the said values is the greater.

6.—Where the Board directs a member or members of the Board or any other person to travel to a place inside or outside the State in performance of duties on behalf of the Board, there shall be paid out of the Fund to such member or members or person travelling expenses and subsistence allowance at such rates and on such scales as shall from time to time be fixed by the Board.

7.—An Order under subsection (2) of section 16 of the Principal Act may appoint different percentages for different classes of animals.

8.—Where a committee of assessors investigating a claim for compensation under the Principal Act as amended by the Act of 1943 or this Act have disallowed the claim in whole or in part, a committee of assessors may, if fresh evidence is produced by the claimant within three mouths after the date of disallowance, re-investigate the claim or part of the claim (as the case may be), and on such re-investigation deal with the claim or the part of the claim as if such disallowance had not been made.

9.—The enactments set out in the second column of the Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.

10.—(1) This Act may be cited as the Exported Live Stock (Insurance) Act, 1950 .

(2) The Exported Live Stock (Insurance) Acts, 1910 and 1943, and this Act may be cited together as the Exported Live Stock (Insurance) Acts, 1940 to 1950.

(3) This Act shall be construed as one with the Exported Live Stock (Insurance) Acts, 1910 and 1943.

Section 9.

SCHEDULE

ENACTMENTS REPEALED.