Slaughtered and Detained Animals (Compensation) Act, 1938

In short

This law amends and expands previous laws concerning compensation for slaughtered and detained animals, specifically focusing on live stock detained due to foot-and-mouth disease concerns. It ensures owners receive compensation for depreciation or death of their live stock under certain conditions.

What it regulates

Compensation for depreciation of live stock detained at British landing places.
Compensation for the death of live stock detained at British landing places.
The power of the Minister for Agriculture to set compensation rates.
The application of certain provisions from the Detained Animals (Compensation) Act, 1932, to this Act.

Who it concerns

Owners or personal representatives of owners of live stock exported from a port in the State to a British landing place.
The Minister for Agriculture.

Key points

Compensation is paid for live stock exported on or after October 1, 1936, and detained at a British landing place due to foot-and-mouth disease concerns.
Compensation covers depreciation due to detention and death of live stock during the additional detention period.
The Minister for Agriculture, after consulting the National Executive of the Irish Live Stock Trade, can set different compensation rates for different kinds of live stock.
This compensation is in addition to any compensation payable under the Detained Animals (Compensation) Act, 1932.

Legal text

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1938 Slaughtered and Detained Animals (Compensation) Act, 1938 Slaughtered and Detained Animals (Compensation) Act, 1938 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 22 of 1938. SLAUGHTERED AND DETAINED ANIMALS (COMPENSATION) ACT, 1938. ARRANGEMENT OF SECTIONS Section 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. Act Referred to Detained Animals (Compensation) Act, 1932 No. 9 of 1932 Number 22 of 1938. SLAUGHTERED AND DETAINED ANIMALS (COMPENSATION) ACT, 1938. 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:— Definitions. 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. Compensation in respect of depreciation of detained live stock. 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. Detained animals (compensation for depreciation) regulations. 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. Application of certain provisions of the Act of 1932. 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 said 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 stocky fix such compensation in acordance 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. Amendment of the Act of 1928. 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. Short title and collective citation. 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 be cited together as the Slaughtered and Detained Animals (Compensation) Acts, 1928 to 1938. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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