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EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - LONG
TITLE

An Act to consolidate the enactments relating to the establishment,
maintenance and management of a fund for the payment of compensation
to the owners of certain live stock exported from Northern Ireland
and slaughtered or detained under the authority of law at a port
in Great Britain in consequence of an outbreak, or suspected
outbreak or apprehended danger, of foot and mouth disease, and to
the investigation and determination of claims for such
compensation{1}.
[9th December 1952]
Establishment of Exported Animals (Compensation) Trustees for Northern
Ireland.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 1

1.(1) For the purposes of this Act there shall be a body to be
called the Exported Animals (Compensation) Trustees for Northern
Ireland (in this Act referred to as "the Trustees"), which shall be
a body corporate with perpetual succession and a common seal.

(2) The seal of the Trustees shall be authenticated by the
signature of any one of the Trustees, or of the secretary to the
Trustees duly authorised by them to act in that behalf, and any
document purporting to be sealed with the seal so authenticated
shall be received in evidence and shall without further proof be
deemed to be such a document unless the contrary is shown.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 2
Appointment and constitution of Trustees.

2.(1) The Trustees shall consist of six persons who shall, as
occasion requires, be appointed by the body known as "The North of
Ireland Cattle Traders' and Stock Owners' Association" (in this Act
referred to as "the Association").

(2) Every appointment made by the Association as aforesaid shall be
in writing under the hand of the chairman of the Association.

(3) Such member of the Trustees as the Trustees shall from time to
time nominate for the purpose shall be the chairman of the
Trustees.

(4) The Trustees shall appoint a fit and proper person (not being
a member of the Trustees) to be their secretary.

(5) The provisions contained in the First Schedule to this Act
shall have effect with respect to the term of office, meetings and
procedure of the Trustees.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 3
Qualification of Trustees.

3.(1) Every member of the Trustees shall be a person ordinarily
resident in Northern Ireland and engaged in the business of
exporting live stock.

(2) At least four members of the Trustees shall be persons engaged
in the business of exporting cattle or sheep, and at least one
member of the Trustees shall be a person engaged in the business
of exporting pigs.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 4
Exported Animals (Compensation) Fund.

4.(1) The Trustees shall establish, maintain and manage in accordance
with this Act a fund to be known as the Exported Animals
(Compensation) Fund for Northern Ireland (in this Act referred to as
"the Fund").

(2) There shall be credited to the Fund by the Trustees all moneys
received by them under this Act, and there shall be paid out of
the Fund

(a)all compensation payable under this Act;

(b)all moneys required for the repayment of moneys borrowed under
this Act by the Trustees or for the payment of interest on such
moneys;

(c)all sums directed by this Act to be paid by the Trustees out
of the funds at their disposal under this Act; and

(d)all expenses incurred by the Trustees in the execution of this
Act.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 5
Scale of charges.

5. The owner of any animals which are delivered on or after the
passing of this Act to a shipowner for export shall, in the manner
provided by this Act, pay to the Trustees for and in respect of
such animals the appropriate charges, that is to say:

[(a)on every head of cattle the sum of [10p];

(b)on every sheep the sum of [3p];

(c)on every pig the sum of [3p]];

Method of payment of charges.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 6

6.(1) The charges payable under this Act to the Trustees by the
owner of any animals shall be paid at such time and place and in
such manner as may be provided by a scheme made by the Trustees
with the approval of the Ministry.

(2) A scheme made under this section may make provision for the
payment by the Trustees to any shipowner, in respect of functions
performed by him under or by virtue of this Act in relation to
the shipment by him of any animals, of such fees as may be agreed
upon between the Trustees and the shipowner.

(3) A scheme made under this section may be varied or revoked by
a subsequent scheme so made.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 7
Particulars of live stock shipped.

7.(1) The owner of any animals which are delivered after the
passing of this Act to any shipowner for export, or the agent of
such owner, shall prepare and deliver forthwith to that shipowner a
statement in writing in the prescribed form setting forth:

(a)his name and address; and

(b)the number (both in words and figures) and description of such
animals, which shall correspond to the number and description thereof
stated by such owner in the application made by him to a
veterinary inspector for a certificate of health required in respect
of those animals under any order for the time being in force under
the Diseases of Animals Acts.

(2) Every shipowner by whom live stock is exported in any calendar
month shall as soon as may be after the end of that month furnish
to the Trustees particulars in writing of the number and
description, with the names and addresses of the owners, of any
live stock so shipped.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 8
Compensation in respect of slaughtered animals.

8€. Where any exported animals are, while undergoing detention,
slaughtered after the passing of this Act by reason of the
requirements of the British authorities, the owner of such animals
shall, subject to the provisions of this Act, be entitled to be
paid compensation out of the Fund in respect of such slaughter.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 9
Assessment committees.

9€.(1) Every claim for compensation under the last preceding section
shall be investigated by a committee (in this Act referred to as
an "assessment committee") consisting of three qualified persons who
shall, so far as qualified members of the Trustees are available,
be appointed by the Trustees from amongst such members.

(2) In the preceding sub-section the expression "qualified" means in
relation to a claim

(a)respecting cattle or sheep, engaged in the business of exporting
cattle or sheep;

(b)respecting pigs, engaged in the business of exporting pigs.

(3) Where qualified members of the Trustees are not available for
appointment as members of any assessment committee, other qualified
persons shall, on the request of the Trustees, be appointed by the
Association to be members of that committee.

(4) Any person shall be disqualified from being a member of an
assessment committee investigating a claim in which he has a
pecuniary interest.

(5) Assessment committees may be appointed generally or in respect
of a particular claim or otherwise as the Trustees may think fit.

(6) The Trustees may appoint one or more than one person resident
in Great Britain and engaged in or connected with the business of
trading in live stock, to be agent for any assessment committee;
and such an agent shall, on being so directed by an assessment
committee, inquire into and report to the committee on the value of
any animals which are the subject of a claim being investigated by
them; and an assessment committee, where such a report is furnished,
may assess the value of the animals without themselves proceeding to
Great Britain for that purpose.

(7) An agent shall be disqualified from acting in relation to any
claim in which he has a pecuniary interest.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 10
Assessment of value of animals.

10€.(1) Where it comes to the knowledge of the Trustees that any
animals exported after the passing of this Act have been or are
about to be slaughtered at any British port by reason of the
requirements of the British authorities, an assessment committee shall
forthwith proceed or direct their agent to proceed to that port;
and such committee shall there assess, or the agent shall inquire
into and report to the committee on, the value, for the purposes
of compensation under section eight of this Act, of all animals so
slaughtered or about to be slaughtered, in respect of the slaughter
of which claims for such compensation might be sustained under this
Act.

(2) The following provisions shall apply to the assessment of the
value of animals which have been or are about to be slaughtered,
that is to say:

(a)the value of animals which have been or are about to be
slaughtered on account of their being actually infected with foot
and mouth disease shall be assessed as at the time immediately
before they became so infected;

(b)the value of animals which have been slaughtered without their
being actually so infected shall be assessed as at the time
immediately before they were slaughtered;

(c)the value of animals which are about to be slaughtered without
their being actually so infected shall be assessed as at the time
of such assessment;

(d)no regard shall be had to depreciation due solely to the animals
being or having been in an area in which they were exposed to the
danger of becoming so infected;

(k).(1) An assessment committee, where they have assessed the value
of any animals, shall investigate, either in Northern Ireland or
elsewhere, as may be most convenient, all claims for compensation
under this Act in respect of such animals, and shall in respect of
every such claim determine whether the claimant is or is not
entitled to such compensation; and where such committee determine
that any such claimant is entitled to such compensation, they shall
fix the amount of such compensation having regard to the value as
assessed by them of the animals to which the claim relates and
such other relevant matters as may be brought before them by the
claimant.

(2) Every assessment committee shall forthwith report to the Trustees
their decision on every claim investigated by them, and the amount
(if any) of the compensation fixed by them as payable out of the
Fund in respect of such claim.

(3) An assessment committee may, with the consent of the owner of
any animal the value of which has been assessed by them under this
section, and subject to any directions which may be given by the
British authorities, sell the carcase of such animal, and shall pay
the proceeds of such sale into the Fund.

(4) If the owner of any such animal as aforesaid refuses his
consent to the sale by an assessment committee of the carcase of
such animal under this section, such owner shall not be entitled to
compensation out of the Fund in respect of the slaughter of that
animal.

(5) Where an assessment committee report under this section to the
Trustees that any claimant for compensation under section eight of
this Act is entitled thereto, the Trustees shall pay out of the
Fund to that claimant the amount of such compensation as fixed by
that committee.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 12
Determination of claims for compensation under s.8.

12.(1) Where any animals which have been exported after the passing
of this Act are detained beyond the normal detention period by
reason of the requirements of the British authorities, the owner of
such animals shall, subject to the provisions of this Act, be
entitled to be paid compensation out of the Fund in respect of

(a)extra lairage and feeding charges incurred by reason of such
detention;

(b)any depreciation in the value of the animals due to such
detention.

(2) Every claim for compensation under this section shall be
investigated by the Trustees in such manner as the Trustees think
fit, and the Trustees shall determine whether the claimant is or is
not entitled to such compensation.

(3) The amount of compensation (if any) to be paid under this
section

(a)in respect of extra lairage and feeding charges shall not in any
case exceed such expenditure as may be proved, to the satisfaction
of the Trustees, to have been actually incurred in that behalf by
the owner of the animals detained;

(b)in respect of any depreciation in the value of any animals shall
be in accordance with such scale as may be determined by the
Ministry by order made after consultation with the Association.

(4) Compensation under this section

(a)where any animals

(i)are detained beyond the normal detention period; and

(ii)are subsequently slaughtered, and compensation in respect of them
becomes payable under section eight of this Act;

(b)may be paid in respect of the detention of those animals if it
would have been payable apart from this paragraph;

(b)subject to the provisions of the preceding paragraph, shall not
be payable in respect of animals in respect of which compensation
is payable under section eight of this Act;

(c)subject to the provisions of the last preceding paragraph, may,
where it is payable in respect of the detention of any animals, be
paid also in respect of the depreciation in the value of those
animals due to such detention.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 13
Compensation in respect of detention and depreciation.

13€. The determination under either of the two preceding sections of
any claim for compensation shall be final and conclusive both as to
the right to compensation and the amount (if any) thereof.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 14
Determination of claims for compensation to be final.

14.(1) When and so often as the Fund amounts to the sum of twenty
thousand pounds (the invested portion being taken at the current
market prices) or the Trustees are of opinion that the Fund is at
the time being sufficient to meet all sums which may reasonably be
expected to be payable thereout during the next ensuing six months,
the Trustees shall forthwith so inform the Ministry; and thereupon
the Ministry may, if it so thinks fit, by order made after
consultation with the Trustees suspend, for such time from the date
of the order as shall be specified in the order, the payment by
the owners of animals exported of the charges required by this Act
to be paid by them in respect of such animals.

(2) Every order made by the Ministry under this section may be
amended, revoked, or continued by a subsequent order so made.

(3) No order made under this section shall operate to relieve from,
or to impose, a liability to pay charges under this Act in respect
of animals exported before the date of such order.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 15
Suspension of charges.

15. The Trustees may borrow money for the purpose of the Fund,
whenever and to such amount and on such terms as in their
discretion they shall think proper.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 16
Powers of borrowing.

16.(1) So much of the Fund as, in the opinion of the Trustees, is
for the time being not immediately required for the payment of sums
payable thereout under this Act shall be invested by the Trustees
in securities in which trustees are by the law for the time being
in force authorised to invest trust funds.

(2) The Trustees may from time to time at their discretion vary or
transpose all moneys invested under this section into other
investments authorised under this section, and may at any time, for
the purpose of such variation or transposition, or in order to
utilise for the purposes of this Act the invested portion of the
Fund, sell and convert into money all or any investments made by
them under this section.

(3) All dividends and interest received by the Trustees on
investments made by them under this section shall be paid into the
Fund.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 17
Investment of Fund in trustee securities.

17. The Trustees shall, out of the funds at their disposal under
this Act, pay

(a)travelling expenses and subsistence allowance at such rates and on
such scales as shall from time to time be fixed by the Association

(i)to the members of the Trustees, in respect of their attendance
at meetings of the Trustees;

(ii)to the members of assessment committees (whether such members are
or are not also members of the Trustees) in respect of their
performance of their duties under this Act;

(b)to any agent appointed by them under sub-section (6) of section
nine of this Act such remuneration as the Association may from time
to time decide to be reasonable;

(c)to the secretary appointed under sub-section (4) of section two
of this Act such remuneration and expenses (if any) as the Trustees
may, with the approval of the Ministry, from time to time
determine.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 18
Operating expenses.

18.(1) The Trustees shall, within one month after the expiration of
the thirty-first day of March in each year, prepare an account
showing all payments into and disbursements from the Fund and all
investments, sales of investments, and other dealings with the Fund
during the year to which such account relates.

(2) Every account prepared under this section shall, within one
month after the preparation thereof, be audited by auditors appointed
for the purpose by the Trustees, and the expenses of the audit of
every such account shall be defrayed by the Trustees out of the
funds at their disposal under this Act.

(3) The secretary to the Trustees shall, upon the request of any
person engaged in the business of exporting live stock, or upon the
request of the Ministry, furnish free of charge to such person, or
to the Ministry, a copy of any account prepared and audited under
this section.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 19
Accounts and audit.

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

(a)the summoning of meetings of the Trustees;

(b)the procedure of the Trustees at their meetings, including the
method of determination at such meetings of matters required to be
determined thereat;

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

(d)the procedure of assessment committees appointed under this Act,
including the method of determination by them of matters to be
determined by them under this Act;

(e)all matters and things referred to in this Act as prescribed or
to be prescribed by the Trustees;

(f)any other matter or thing relating to the exercise by the
Trustees of their functions under this Act which the Trustees think
proper to regulate or prescribe by rules.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 20
Power of Trustees to make rules.

20. If at any time the Association or the Trustees fail to perform
any of their functions under this Act, the Ministry may,
notwithstanding anything in this Act, make such arrangements as the
Ministry thinks fit for the performance of those functions and of
the functions of assessment committees under this Act. Where any
such arrangements are made the assets and liabilities of the Fund
shall, if the Ministry so directs, be transferred to and vest in
the Ministry by virtue of this Act, for the purposes for which the
Fund has been established.

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 21
Provision for exercise of functions of Trustees and assessment
committees.

21€. In this Act, unless the context otherwise requires, the
following expressions have the meanings hereby respectively assigned
to them, that is to say:

"animals" includes any kind of live stock;

"British authorities" means the Minister or other officer or person
having for the time being authority by law in Great Britain to
require animals to be slaughtered or detained in consequence of an
outbreak, or suspected outbreak or apprehended danger, of foot and
mouth disease, and, in relation to British authorities, the
expression "requirements" shall be construed accordingly;

"British landing place" means a part of a port in Great Britain
approved for the time being by the British authorities for the
landing of exported animals;

"cattle" includes bulls, cows, bullocks, heifers and calves;

"detention" means detention at a British landing place, and includes
detention during the normal detention period and detention in
accordance with any requirements of the British authorities during
any period commencing immediately after the normal detention period;

"Diseases of Animals Acts" means the Diseases of Animals Acts
(Northern Ireland), 1894 to 1948;

"export" means export from a port in Northern Ireland to a port in
Great Britain, and grammatical variations of that expression shall be
construed accordingly;

"live stock" means cattle, sheep or pigs;

"normal detention period" means the minimum period for the time
being required by the British authorities for the detention and
isolation of animals at a British landing place, after the animals
are landed thereat and before authority is given for their removal
therefrom:

Provided that, for the purpose of payment of any compensation under
this Act, where for any reason, other than the requirements of the
British authorities, it is necessary or expedient that any animals
should, after the expiration of the normal detention period, continue
to be detained for a further period not exceeding forty-eight hours,
that further period shall be added to and treated as part of the
normal detention period;

"pig" includes a boar, sow, hog or bonham;

"prescribed" means prescribed by rules made by the Trustees under
this Act;

"sheep" includes rams, ewes, wethers and lambs;

"shipowner" includes the master of any ship and every other person
authorised to act as agent for the owner of such ship or entitled
to receive the freight, demurrage, or other charges in respect of
such ship.

S.22 rep. by SLR 1973

EXPORTED ANIMALS (COMPENSATION) ACT (NORTHERN IRELAND) 1952 - SECT 23
Interpretation.

23. This Act may be cited as the Exported Animals (Compensation)
Act (Northern Ireland), 1952.

1. Subject to the provisions of Article 2 of this Schedule, every
member of the Trustees shall, unless he sooner dies, resigns, or
becomes disqualified, hold his office as such member for the term
of ten years to be reckoned

Sub-para.(a) rep. by SLR 1976

(b). . . . from the expiration of the term of office of his
predecessor.

2. A member of the Trustees appointed to fill a casual vacancy in
the membership of the Trustees shall, unless he sooner dies, resigns
or becomes disqualified, hold office for the residue of the term
for which the member, whose death, resignation or disqualification
occasioned the vacancy, would have held office if he had not died,
resigned, or become disqualified.

3. A member of the Trustees may at any time resign his office as
such member by letter addressed to the secretary of the Trustees,
and every such resignation shall take effect at the commencement of
the meeting of the Trustees commencing next after the receipt of
such resignation by the Trustees.

4. A member of the Trustees shall become disqualified for office as
such member upon the happening of any of the following events, that
is to say:

(a)the absence of such member from four consecutive ordinary meetings
of the Trustees;

(b)the ceasing of such member to have the qualifications required by
this Act for membership of the Trustees.

5. Every member of the Trustees shall, on the cessation of his
membership by lapse of time, be eligible for re-appointment.

6. Ordinary meetings of the Trustees shall be held at such times
(not being less frequently than once in every period of three
consecutive months) as the Trustees may appoint either generally or
in respect of any particular ordinary meeting. Ordinary meetings of
the Trustees shall be summoned by their secretary in the prescribed
manner.

7. A special meeting of the Trustees may be held for any purpose,
and at any time, for and at which the Chairman of the Trustees
considers a special meeting necessary or desirable, and every such
meeting shall be summoned by the secretary to the Trustees in the
prescribed manner.

8. The procedure of the Trustees at their meetings and otherwise
shall be such as may be prescribed.

9. At any meeting of the Trustees three members shall constitute a
quorum.

10. At every meeting of the Trustees, the Chairman of the Trustees,
if present, shall be the chairman of the meeting; and, if he is
absent, such member of the Trustees as the members then present may
choose shall be the chairman of the meeting.

11. The chairman of a meeting of the Trustees shall have a second
or casting vote.

12. The Trustees may act notwithstanding a vacancy in their
membership.

13. If, at any time, the Chairman of the Trustees is temporarily
incapable, through illness or absence from Northern Ireland, of
performing his duties as such Chairman, the Trustees may nominate
any member of the Trustees to be Deputy Chairman during such
incapacity of the Chairman, and may at any time remove such Deputy
Chairman; and every such Deputy Chairman shall, while he continues
to be Deputy Chairman, have all the powers and duties of the
Chairman of the Trustees; and references in this Schedule to the
Chairman of the Trustees shall be construed accordingly.

Second Schedule rep. by SLR 1973

Section 2.