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.