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:—

1 Definitions.

1.—In this Act—

the expression “the Act of 1937”means the Pigs and Bacon Act, 1937 (No. 23 of 1937);

the expression “the Act of 1939”means the Pigs and Bacon (Amendment) Act, 1939 (No. 35 of 1939).

2 Provisions in relation to fixing of compensation under section 39 of the Act of 1937.

2.—(1) Where—

• (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) Where—

• (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• (3) Sub-section (2) of section 54 of the Act of 1939 is hereby repealed.

3 Amendment of section 34 of the Act of 1939.

3.—(1) Sub-section (1) of section 34 of the Act of 1939, shall have effect as if there were substituted for the word “half-year” the words “levy period”.

• (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.

4 Amendment of section 37 of the Act of 1939.

4.—(1) Sub-section (2) of section 37 of the Act of 1939 shall have effect as if the words “and brought on to the premises to which such licence relates” were inserted therein after the words “each pig purchased by him”, 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.

5 Amendment of section 41 of the Act of 1939.

5.—(1) Sub-section (1) of section 41 of the Act of 1939 shall have effect as if the words “for consumption” were inserted therein before the words “in the State” 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.

6 Amendment of section 44 of the Act of 1939.

6.—(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.

7 Short title, and collective citation.

7.—(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.