DISEASES OF ANIMALS ACT, 1935

AN ACT TO AMEND THE DISEASES OF ANIMALS (IRELAND) ACTS, 1894 TO 1934, IN RELATION TO THE SLAUGHTER OF ANIMALS AFFECTED WITH DISEASE, AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [2nd August, 1935.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the Principal Act” means the Diseases of Animals Act, 1894, and, where the context so permits or requires, includes all Acts amending or extending that Act;

the expression “the Minister” means the Minister for Agriculture.

2 Extension of powers of making orders.

2.—(1) The power of making orders conferred by section 22 of the Principal Act and now vested in the Minister shall extend to and include the making of orders for all or any of the following purposes, that is to say:—

• (a) for directing or authorising the slaughter, at such places as the Minister may appoint, by persons appointed by the Minister for the purpose, of animals affected with any disease, other than cattle plague, pleuro-pneumonia, foot-and-mouth disease, or swine-fever;

• (b) for limiting the operation of such orders to animals for the time being in the district of a specified local authority or authorities;

• (c) for the delivery to persons so appointed of animals so directed or authorised to be slaughtered by such persons;

• (d) for the payment by the Minister of compensation in respect of any such animals so slaughtered;

• (e) for fixing, with the consent of the Minister for Finance, the amount of such compensation.

• (2) Where an order (in this sub-section referred to as the substitutive order) is made by the Minister under section 22 of the Principal Act, as amended by this section, directing or authorising the slaughter by persons appointed by the Minister for the purpose of animals affected with any disease, and at the time the substitutive order comes into force an order (in this sub-section referred to as the original order) is in force under section 19 of the Principal Act in relation to such animals and such disease, and the substitutive order applies to the district of a local authority to which the original order applies, the following provisions shall have effect, that is to say:—

• (a) the original order shall cease to have effect in relation to such district;

• (b) if the substitutive order is revoked, the original order shall on such revocation again come into operation in relation to such district;

• (c) such cesser of the original order shall not, in relation to the period during which it was for the time being in force immediately preceding such cesser, affect—

• (i) the previous operation of the original order or anything duly done or suffered under the original order; or

• (ii) any right, privilege, obligation or liability, acquired, accrued or incurred under the original order; or

• (iii) any penalty, forfeiture, or punishment incurred in respect of any offence under the original order; or

• (iv) any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, penalty, forfeiture or punishment, as aforesaid;

any such investigation, legal proceeding, or remedy may be instituted, continued or enforced, and any such penalty, forfeiture, or punishment may be imposed, as if the said original order had not so ceased to have effect.

3 Disposal of fines.

3.—Neither sub-section (4) of section 51 of the Courts Officers Act, 1926 (No. 27 of 1926), nor any order (whether made before or after the passing of this Act) under the said sub-section shallapply to any fine imposed in respect of an offence against any order made under the Principal Act and which is so made (whether wholly or partly) by virtue of the extension effected by this Act of the power conferred by section 22 of the Principal Act.

4 Expenses.

4.—All expenses incurred by the Minister in or about the making, under the Principal Act, of any order which is so made (whether wholly or partly) by virtue of the extension effected by this Act of the powers conferred by section 22 of the Principal Act, or in or about the doing of any act or thing under such order or under the Principal Act for the purpose or by virtue of such order, and all compensation payable under such order shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

5 Short title, construction and citation.

5.—(1) This Act may be cited as the Diseases of Animals Act, 1935, and shall be construed as one with the Diseases of Animals (Ireland) Acts, 1894 to 1934.

• (2) The Diseases of Animals (Ireland) Acts, 1894 to 1934, and this Act may be cited together as the Diseases of Animals (Ireland) Acts, 1894 to 1935.