In short
This law makes further provisions for how compensation is decided under the Pigs and Bacon Act, 1937, and retrospectively amends specific sections of the Pigs and Bacon (Amendment) Act, 1939.
What it regulates
- How compensation is fixed when arbitrators cannot agree under Section 39 of the 1937 Act.
- The meaning of "half-year" in Section 34 of the 1939 Act, changing it to "levy period."
- The conditions for pigs purchased by a licensee in Section 37 of the 1939 Act.
- The scope of Section 41 of the 1939 Act regarding consumption within the State.
- The interpretation of "carcases" in Section 44 of the 1939 Act to include pig offals.
Who it concerns
- Persons due compensation under Section 39 of the Pigs and Bacon Act, 1937.
- Arbitrators appointed to fix such compensation.
- Licensees mentioned in Section 37 of the Pigs and Bacon (Amendment) Act, 1939.
Key points
- If three arbitrators cannot agree on compensation, the decision of any two (the majority) is final.
- If no two arbitrators agree, the Minister nominates one arbitrator (not the Chairman of the Pigs and Bacon Commission) whose decision is final.
- Section 54(2) of the 1939 Act is repealed.
- Amendments to the 1939 Act are effective from January 1st, 1940.
đ Legal text
Pigs and Bacon Act, 1940
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1940
Pigs and Bacon Act, 1940
Pigs and Bacon Act, 1940
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Number 24 of 1940.
PIGS AND BACON ACT, 1940.
ARRANGEMENT OF SECTIONS
Section
1.
Definitions.
2.
Provisions in relation to fixing of compensation under section 39 of the Act of 1937.
3.
Amendment of section 34 of the Act of 1939.
4.
Amendment of section 37 of the Act of 1939.
5.
Amendment of section 41 of the Act of 1939.
6.
Amendment of section 44 of the Act of 1939.
7.
Short title, and collective citation.
Acts Referred to
Pigs and Bacon Act, 1937
No. 23 of 1937
Pigs and Bacon (Amendment) Act, 1939
No. 35 of 1939
Number 24 of 1940.
PIGS AND BACON ACT, 1940.
AN ACT TO MAKE FURTHER PROVISIONS IN RELATION TO THE FIXING OF COMPENSATION UNDER
SECTION 39
OF THE
PIGS AND BACON ACT, 1937
, AND TO AMEND RETROSPECTIVELY
SECTIONS 34
,
37
,
41
AND
44
OF THE
PIGS AND BACON (AMENDMENT) ACT, 1939
. [10th July, 1940.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:â
Definitions.
1.âIn this Actâ
the expression âthe Act of 1937âmeans the
Pigs and Bacon Act, 1937
(No. 23 of 1937);
the expression âthe Act of 1939âmeans the
Pigs and Bacon (Amendment) Act, 1939
(No. 35 of 1939).
Provisions in relation to fixing of compensation under section 39 of the Act of 1937.
2.â(1) Whereâ
(a) compensation is payable to any person under
section 39
of the Act of 1937, and
(b) the three arbitrators appointed under the said section to fix the said compensation have (whether before or after the passing of this Act) been unable to agree upon the sum to be fixed as the amount thereof, and
(c) any two (in this sub-section referred to as the majority) of the said arbitrators have (whether before or after the passing of this Act) agreed upon the sum to be fixed as the amount of the said compensation,
the amount of the said compensation shall be the sum so agreed upon by the majority, and the decision of the majority shall be final and conclusive.
(2) Whereâ
(a) compensation is payable to any person under
section 39
of the Act of 1937, and
(b) no two of the three arbitrators appointed under the said section to fix the said compensation have been able to agree upon the sum to be fixed as the amount thereof,
the amount of the said compensation shall be such sum as may be fixed by such one (not being the Chairman of the Pigs and Bacon Commission) of the said arbitrators as the Minister may nominate, and the decision of the person so nominated shall be final and conclusive.
(3) Sub-section (2) of
section 54
of the Act of 1939 is hereby repealed.
Amendment of section 34 of the Act of 1939.
3.â(1) Sub-section (1) of
section 34
of the Act of 1939, shall have effect as if there were substituted for the word âhalf-yearâ the words âlevy periodâ.
(2) This section shall be deemed to have come into operation on and shall have effect as on and from the 1st day of January, 1940.
Amendment of section 37 of the Act of 1939.
4.â(1) Sub-section (2) of
section 37
of the Act of 1939 shall have effect as if the words âand brought on to the premises to which such licence relatesâ were inserted therein after the words âeach pig purchased by himâ, wherever the latter words occur.
(2) This section shall be deemed to have come into operation on and shall have effect as on and from the 1st day of January, 1940.
Amendment of section 41 of the Act of 1939.
5.â(1) Sub-section (1) of
section 41
of the Act of 1939 shall have effect as if the words âfor consumptionâ were inserted therein before the words âin the Stateâ wherever the latter words occur.
(2) This section shall be deemed to have come into operation on and shall have effect as on and from the 1st day of January, 1940.
Amendment of section 44 of the Act of 1939.
6.â(1) The reference in
section 44
of the Act of 1939 to carcases shall be construed as including references to offals of pigs.
(2) This section shall be deemed to have come into operation on and shall have effect as on and from the 1st day of January, 1940.
Short title, and collective citation.
7.â(1) This Act may be cited as the Pigs and Bacon Act, 1940.
(2) The Pigs and Bacon Acts, 1935 to 1939, and this Act may be cited together as the Pigs and Bacon Acts, 1935 to 1940.
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