7 1986

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Number 7 of 1986


SLAUGHTERED AND DETAINED ANIMALS (COMPENSATION) ACT, 1986


ARRANGEMENT OF SECTIONS

Section

1.

Definition.

2.

Power of Trustees to acquire or take on lease premises for offices.

3.

Remuneration of secretary to Trustees.

4.

Scale of charges.

5.

Winding up of Trustees.

6.

Winding up of Trustees; final account and other consequential provisions.

7.

Advice to Minister regarding disposal of moneys remaining in compensation fund.

8.

Dissolution of Trustees.

9.

Repeals.

10.

Short title, collective citation and construction.


Acts Referred to

Slaughtered Animals (Compensation) Act, 1928

1928, No. 12

Detained Animals (Compensation) Act, 1932

1932, No. 9

Slaughtered and Detained Animals (Compensation) Act, 1938

1938, No. 22

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Number 7 of 1986


SLAUGHTERED AND DETAINED ANIMALS (COMPENSATION) ACT, 1986


AN ACT TO AMEND AND EXTEND THE SLAUGHTERED ANIMALS (COMPENSATION) ACT, 1928 , TO ENABLE THE SLAUGHTERED ANIMALS (COMPENSATION) TRUSTEES TO BE DISSOLVED AND TO PROVIDE, IN THE EVENT OF THE SAID TRUSTEES BEING DISSOLVED, FOR CERTAIN OTHER MATTERS CONNECTED WITH SUCH DISSOLUTION. [27th March, 1986]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definition.

1. —In this Act “the Principal Act” means the Slaughtered Animals (Compensation) Act, 1928 .

Power of Trustees to acquire or take on lease premises for offices.

2. —The Trustees may acquire or take on lease premises for the purpose of providing offices for the Trustees.

Remuneration of secretary to Trustees.

3. —The following subsection is hereby substituted for subsection (2) of section 7 of the Principal Act:

“(2) There shall be paid to the secretary to the Trustees out of the funds at the disposal of the Trustees under this Act such remuneration as the Trustees shall, with the consent of the Minister for Agriculture given with the concurrence of the Minister for the Public Service, determine.”.

Scale of charges.

4. —(1) The Principal Act is hereby amended by the substitution of the following section for section 9:

“9.— The owner of any animals which are delivered to a shipowner for shipment from any port in the State to any port in Great Britain shall, in the manner provided by this Act, pay to the Trustees for and in respect of such animals the appropriate charges in accordance with a scale of charges which is for the time being fixed by regulations made by the Minister after consultation with the Trustees.”.

(2) Subsection (1) of this section shall come into operation on such day as the Minister shall fix by regulation.

(3) Every regulation made under section 9 (inserted by subsection (1) of this section) of the Principal Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Winding up of Trustees.

5. —(1) (a) The Minister may by letter signed by him and addressed to the secretary to the Trustees require the Trustees to wind up their affairs and in case such a requirement is made of the Trustees they shall, as soon as may be thereafter, wind up their affairs.

(b) The Trustees may with the concurrence of the National Executive decide to wind up their affairs.

(2) (a) The Trustees may do or cause to be done anything required to enable them—

(i) to fulfil an obligation imposed on them by virtue of subsection (1) (a) of this section, or

(ii) to carry into effect a decision taken by virtue of subsection (1) (b) of this section.

(b) (i) Without prejudice to the generality of paragraph (a) of this subsection and notwithstanding anything contained in the Principal Act, subject to subparagraph (ii) of this paragraph, the Trustees may for the purposes referred to in the said paragraph (a) terminate the appointment under section 7 (1) of the Principal Act of any person who for the time being is the secretary to the Trustees.

(ii) The termination of an appointment referred to in subparagraph (i) of this paragraph shall be on such terms as may be agreed between the Trustees with the concurrence of the Minister for the Public Service and the other person concerned, or, in default of such agreement, as may be determined by the Minister for the Public Service.

(3) Notwithstanding subsection (2) of this section, the Trustees shall not assign, surrender or otherwise dispose of their interest in any premises acquired or taken on lease by them without the prior approval of the Minister.

Winding up of Trustees; final account and other consequential provisions.

6. — (1) Where the Trustees—

(a) are required under section 5 (1) (a) of this Act to wind up their affairs, or

(b) make a decision under section 5 (1) (b) of this Act,

then as regards the period of the Trustees' existence subsequent to the date of the relevant letter of the Minister or, as may be appropriate, their decision the following provisions shall apply:

(i) subject to paragraph (ii) of this subsection, section 21 (1) of the Principal Act shall be construed as requiring the Trustees to prepare, as soon as may be after such date, a final account showing, as regards such period, all payments, disbursements, investments, sales and other dealings referred to in the said section 21 (1);

(ii) any obligation under the said section 21 (1), in respect of a financial year or part of a financial year, which arises during the period shall be construed as requiring the Trustees to prepare an account described in that section as regards the period beginning on the first day of the financial year to which the obligation relates and ending on such day as is appropriate (being a day which is after the expiration of the period referred to in paragraph (iii) of this subsection);

(iii) no claim for compensation under the Slaughtered and Detained Animals (Compensation) Acts, 1928 to 1938, shall be made after the expiration of the period of six months beginning on the aforesaid date;

(iv) the Trustees shall publish in such manner as the Minister shall direct a notice stating that no claim for such compensation shall be entertained by the Trustees after the expiration of the aforesaid period of six months and specifying the period;

(v) on and from the aforesaid date—

(I) the National Executive shall exercise the power vested in them by section 3 (1) of the Principal Act only if, and in so far as, it is necessary to do so to enable the provisions of section 6 (5) of the Principal Act to continue to have effect, and

(II) sections 4 (2), 9 (whether or not section 4 (1) of this Act has come into operation), 10 and 11 of the Principal Act and section 8 of the Detained Animals (Compensation) Act, 1932 , shall each cease to have effect;

(vi) in case the Minister has not exercised the power vested in him by section 4 (2) of this Act before the aforesaid day, that subsection shall on that day cease to have effect.

(2) The secretary to the Trustees shall, as soon as may be after the completion of the audit of the final account prepared under section 21 (1), as amended by subsection (1) (i) of this section, of the Principal Act, send to the Minister a copy, certified by such secretary to be a true copy, of such account and of the auditors' report thereon.

(3) Subsections (2) and (3) of section 21 of the Principal Act shall apply as regards the account prepared in compliance with the requirement of subsection (1) of this section and for the purposes of such application that account shall be regarded as having been prepared under the said section 21.

Advice to Minister regarding disposal of moneys remaining in compensation fund.

7. —(1) The National Executive shall, if required so to do by the Minister, as soon as may be, advise the Minister as to how any moneys shown by the account referred to in section 6 of this Act to remain in the compensation fund should be disposed of.

(2) (a) If the Minister accepts advice given to him by the National Executive under this section, he shall direct the Trustees to dispose of the moneys referred to in subsection (1) of this section in accordance with that advice.

(b) In case the Minister either—

(i) does not accept advice given to him by the National Executive under this section, or

(ii) does not request the National Executive to give such advice,

the moneys referred to in subsection (1) of this section shall be disposed of by the Trustees in such manner as the Minister shall direct.

(3) The Trustees shall comply with the direction given by the Minister under this section and neither anything in the Slaughtered and Detained Animals (Compensation) Acts, 1928 to 1938, nor any rule of law shall be construed as operating to prevent the Trustees' compliance with the direction.

Dissolution of Trustees.

8. —Where the Minister is satisfied that the Trustees have wound up their affairs and, pursuant to section 6 (2) of this Act, the final account referred to in section 6 (1) (i) of this Act is received by the Minister, and in particular the Minister is satisfied that no claim made for compensation under the Slaughtered and Detained Animals (Compensation) Acts, 1928 to 1938, is outstanding, he shall, as soon as may be, by order dissolve the Trustees.

Repeals.

9. —(1) The following are hereby repealed:

(a) the Principal Act,

(b) the Detained Animals (Compensation) Act, 1932 , and

(c) the Slaughtered and Detained Animals (Compensation) Act, 1938 .

(2) Subsection (1) of this section shall come into operation on the commencement of the order under this Act dissolving the Trustees.

(3) This Act shall, on the day next following the date of the commencement of the order under this Act dissolving the Trustees, be repealed.

Short title, collective citation and construction.

10. —(1) This Act may be cited as the Slaughtered and Detained Animals (Compensation) Act, 1986.

(2) The Slaughtered and Detained Animals (Compensation) Acts, 1928 to 1938, and this Act may be cited together as the Slaughtered and Detained Animals (Compensation) Acts, 1928 to 1986.

(3) The Principal Act and this Act shall be construed together as one Act.