EXPORTED LIVE STOCK (INSURANCE) ACT, 1940

AN ACT TO MAKE PROVISION FOR INSURING CERTAIN SHIPPERS OF LIVE STOCK AGAINST LOSS OF, OR DAMAGE TO, SUCH LIVE STOCK OCCURRING IN COURSE OF TRANSIT, AND AGAINST LIABILITY FOR GENERAL AVERAGE CONTRIBUTIONS UNDER THE MARINE INSURANCE ACT, 1906, TO PROVIDE FOR THE PAYMENT OF LEVIES BY SUCH SHIPPERS, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [10th July, 1940.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

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

the expression “the National Executive” means the National Executive of the Irish Live Stock Trade;

the word “cattle” includes bulls, cows, bullocks, heifers and calves;

the word “sheep” includes rams, ewes, wethers and lambs;

the word “pig” includes a boar, a sow, a hog and a bonham;

the expression “live stock” means animals which are cattle, sheep or pigs;

the word “animal” means any kind of live stock;

the expression “British landing place” has the meaning assigned to it by the Detained Animals (Compensation) Act, 1932 (No. 9 of 1932);

the word “prescribed” means prescribed by rules made under this Act by the Exported Live Stock (Insurance) Board.

2 The establishment date and the appointed day.

2.—(1) The Minister shall by order appoint such day as he thinks fit to be the establishment date for the purposes of this Act, and the expression “the establishment date” means in this Act the day so appointed.

• (2) The Minister shall by order appoint such day, subsequent to the establishment date, 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.

3 Establishment of the Exported Live Stock (Insurance) Board.

3.—(1) On the establishment date there shall, by virtue of this sub-section, be established a body (in this Act referred to as the Board) to be styled and known as the Exported Live Stock (Insurance) Board to fulfil the functions assigned to it by this Act.

• (2) The Board shall, by its said name, be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and with power to sue and be sued in its corporate name and to hold land.

4 Constitution of the Board.

4.—(1) The Board shall consist of eight members.

• (2) Every member of the Board shall be a person who is ordinarily resident in the State and is engaged in the live stock trade.

• (3) At least four members of the Board shall be persons engaged in the cattle trade or the sheep trade and at least one member of the Board shall be a person engaged in the pig trade.

5 Provisions in relation to appointment terms of office, resignation, etc., of members of the Board.

5.—(1) The members of the Board shall be appointed quinquennially by the National Executive, and the first of such appointments shall be made in the year in which the establishment date falls, and in this Act the expression “election year” means any year in which members of the Board are required by this sub-section to be appointed.

• (2) The National Executive shall, before the establishment date, appoint eight persons to be members of the Board, and the term of office of every person so appointed shall commence on the establishment date, and if any such person dies before the establishment date he shall, for the purposes of this section, he deemed to have died on the establishment date.

• (3) The National Executive shall on a day in each election year (other than the first election year) appoint eight persons to be members of the Board, and the term of office of every person so appointed shall commence on the day next following the date of his appointment.

• (4) Every member of the Board appointed under sub-section (2) or sub-section (3) of this section shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day on which the National Executive next appoint, in pursuance of sub-section (3) of this section, eight persons to be members of the Board.

• (5) Whenever a person who was a member of the Board dies, resigns or becomes disqualified, the National Executive shall, as soon as conveniently may be, appoint another person to be a member of the Board, and the person so appointed shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day on which the National Executive next appoint, in pursuance of sub-section (3) of this section, eight persons to be members of the Board.

• (6) A member of the Board whose period of office expires by effluxion of time shall be eligible for re-appointment.

• (7) A member of the Board may at any time resign his office by letter addressed to the Board and such resignation shall take effect at the commencement of the next meeting of the Board held next after the receipt of such letter.

• (8) A member of the Board shall be disqualified for holding office if—

• (a) he is absent from four consecutive meetings of the Board, or

• (b) he ceases to be ordinarily resident in the State, or

• (c) he ceases to be engaged in the live stock trade.

• (9) Whenever a member of the Board becomes disqualified for holding office, the Board shall forthwith declare his office to be vacant and the vacancy shall be deemed to have occurred on the making of such declaration.

6 Travelling expenses and allowances of members of the Board.

6.—There shall be paid out of the Fund to the members of the Board, in respect of their attendance at meetings of the Board, travelling expenses and subsistence allowance at such rates and on such scales as shall from time to time be fixed by the National Executive.

7 Meetings.

7.—(1) The Board shall hold its first meeting not later than seven days after the establishment date.

• (2) The Board shall, in every year commencing after the holding of its first meeting, hold a meeting (in this Act referred to as an annual meeting) on such date as the Board may appoint.

• (3) Subject to the provisions of this section, the Board shall hold such and so many meetings as may be necessary for the due execution of its duties.

8 Chairman and vice-chairman.

8.—(1) The Board shall, at its first meeting and also at every annual meeting, elect one of its members to be chairman of the Board and another of its members to be vice-chairman of the Board.

• (2) Every person elected to be chairman or vice-chairman of the Board shall, unless he sooner dies, resigns or becomes disqualified, hold office as chairman or vice-chairman until his successor is elected.

• (3) Whenever the office of chairman or vice-chairman becomes vacant through the death, resignation, or disqualification of the chairman or vice-chairman, the Board shall at the next meeting after such vacancy has taken place elect one of its members to be chairman or vice-chairman.

• (4) The chairman or vice-chairman of the Board may at any time resign his office as chairman or vice-chairman by letter addressed to the Board, and every such resignation shall take effect at the commencement of the meeting of the Board held next after the receipt of such resignation by the Board.

• (5) Whenever the chairman or the vice-chairman of the Board ceases during his term of office as such chairman or vice-chairman to be a member of the Board he shall be disqualified from being and shall forthwith cease to be such chairman or vice-chairman.

• (6) Whenever at the election of chairman of the Board, there is an equality of votes for two or more persons, one of these persons shall be elected by lot.

9 Procedure at meetings.

9.—(1) The quorum for a meeting of the Board shall be three.

• (2) At a meeting of the Board—

• (a) the chairman of the Board shall, if he is present, be chairman of the meeting;

• (b) if and so long as the chairman of the Board is not present or if the office of chairman is vacant, the vice-chairman of the Board shall, if and so long as he is present, be chairman of the meeting;

• (c) if and so long as the chairman of the Board is not present or if the office of chairman is vacant and the vice-chairman is not present or the office of vice-chairman is vacant, the members of the Board who are present shall choose one of their number to be chairman of the meeting.

• (3) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote save where the question is the election of the chairman.

• (4) The Board may act notwithstanding one or more vacancies amongst its members.

• (5) Subject to the provisions of this Act, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.

10 Seal of the Board.

10.—(1) The Board shall immediately upon its establishment provide itself with a seal.

• (2) The seal of the Board shall be authenticated by the signature of the chairman of the Board or some other member thereof duly authorised by the Board to act in that behalf and the signature of the secretary of the Board.

11 Offices of the Board.

11.—The Board may take on lease any premises for the purpose of providing offices for the Board.

12 Officers of the Board.

12.—(1) The National Executive may, from time to time as occasion requires, appoint a person to be secretary of the Board and another person to be the assistant secretary of the Board, and every person so appointed shall hold office upon such terms and conditions as the National Executive may determine and shall be paid out of the Fund such remuneration and expenses as the National Executive may fix.

• (2) The Board may, from time to time as occasion requires, appoint such and so many persons as the Board thinks fit to be officers (other than the secretary or the assistant secretary) of the Board and every person so appointed shall hold office upon such terms and conditions as the Board may determine and shall be paid out of the Fund such remuneration and expenses as the Board may fix.

• (3) No person who is a member of the Board shall be appointed under this section.

13 Exported Live Stock (Insurance) Fund.

13.—(1) The Board shall establish, maintain and manage in accordance with this Act a fund (in this Act referred to as the Fund) to be called and known as the Exported Live Stock (Insurance) Fund.

• (2) The following provisions shall apply and have effect in relation to the Fund—

• (a) there shall be paid into the Fund all moneys received by the Board which are required by this Act to be paid into the Fund;

• (b) there shall be paid out of the Fund all moneys which are required by this Act to be paid out of the Fund, and all other expenses incurred by the Board under this Act, and no other moneys;

• (c) the Board may, for the purpose of meeting charges required by this Act to be paid out of the Fund, borrow on the security of the Fund;

• (d) so much of the Fund as in the opinion of the Board is for the time being not immediately required for the payment of sums payable out of the Fund under this Act may be invested by the Board in securities in which trustees are by the law, for the time being in force, authorised to invest trust funds;

• (e) the Board may from time to time at their discretion vary or transpose any moneys (being part of the Fund) invested under this sub-section into other investments authorised under this section, and may at any time sell and convert into money all or any investments made by them under this sub-section;

• (f) all dividends and interest received by the Board on investments (being part of the Fund) made by them under this sub-section or in respect of the sale of any such investments shall be paid into the Fund.

14 Accounts and audit.

14.—(1) The Board shall, within one month after the expiration of the financial year ending on the 31st day of March, 1941, and within one month after the expiration of every subsequent financial year, prepare an account showing all payments into and disbursements from the Fund and all investments, sales of investments and other dealings with the Fund during the financial year to which such account relates.

• (2) Every account prepared under this section shall, within one month after the preparation thereof, be audited by duly qualified auditors appointed for the purpose by the Board and the expenses of the audit of every such account shall be paid out of the Fund.

• (3) The Secretary to the Board shall, as soon as may be after the completion of the audit of any account prepare under this section, and send to the Minister a copy, certified by the said secretary to be a true copy, of such account and of the auditors' report thereon.

• (4) The secretary to the Board shall, upon the request of any person engaged in the live stock trade furnish to such person, without the payment by him of any premium or fee, a copy of any account prepared and audited under this section and of the auditors' report thereon.

15 Levy stamps.

15.—(1) The Board shall, for the purposes of the collection of levies payable under this Act, cause to be prepared and shall supply and put on sale at such places and in such quantities as the Board thinks fit adhesive stamps (in this Act referred to as levy stamps) of such denominations as the Board thinks fit and of such design as the Minister may approve.

• (2) Any moneys arising from the sale of levy stamps shall be paid into the Fund.

• (3) If any person forges or counterfeits any levy stamp or uses sells or exposes or offers for sale any stamp which is to his knowledge a forgery or counterfeit of such stamp, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

16 Levies on exported animals.

16.—(1) The owner of each animal which is, on or after the appointed day, delivered to a shipowner for shipment from a port in the State to a British landing place shall pay, by means of levy stamps, in respect of such animal, to the Board a levy of an amount equal to the appointed percentage, at the time of delivery, of the declared value of such animal.

• (2) The Minister shall, before the appointed day, and may thereafter whenever and so often as he thinks fit, make, after consultation with the National Executive, an order appointing a specified percentage to be the appointed percentage for the purposes of this section, and every order made under this sub-section shall remain in force until a subsequent order under this section is made and comes into force, and the reference in sub-section (1) of this section to the appointed percentage at the time of delivery shall be construed as a reference to the percentage fixed by an order under this sub-section in force at the time of such delivery.

17 The shipper's statement.

17.—(1) Where the owner of any animals delivers, on or after the appointed day, such animals to a shipowner for shipment from a port in the State to a British landing place, the following provisions shall have effect, that is to say:—

• (a) such owner shall before so delivering such animals deliver to such shipowner in duplicate a statement (in this Act referred to as the shipper's statement) in writing in the prescribed form containing the following particulars, that is to say:—

• (i) the name and address of such owner,

• (ii) the number and a description of such animals corresponding to the number and description thereof given by such owner in the application made by him to the veterinary inspector of the Department of Agriculture for a certificate of health required in respect of such animals under any order made under the Diseases of Animals Acts, 1894 to 1938 and for the time being in force,

• (iii) in respect of each animal to which such statement relates, the sum which is in the opinion of such owner, the value of such animal;

• (b) such owner shall before delivering such statement to such shipowner affix in the prescribed manner to one of the said duplicates levy stamps of a face value equal to the levies payable under this Act in respect of such animals;

• (c) the shipper's statement shall be delivered by such owner to such shipowner at the same time as the said certificate of health relating to such animals is delivered to such shipowner;

• (d) such shipowner shall not take such animals on board unless he is satisfied that the number and description of such animals correspond to the number and description contained in such statement and that one of the duplicates of such statement has affixed thereto the levy stamps required by paragraph (b) of this sub-section;

• (e) if such shipowner takes on board any such animals without the delivery to him of the shipper's statement covering such animals and duly stamped in accordance with this sub-section, such shipowner shall pay to the Board a sum equal to the whole of the levies payable under this Act in respect of such animals or so much of the said levies as is not represented by levy stamps affixed to such statement, and such sum shall be a debt due by such shipowner to the Board and shall be recoverable as a simple contract debt;

• (f) such shipowner shall upon receiving such statement deliver as soon as may be to the Board the duplicate upon which the levy stamps have been affixed.

• (2) References in this Act to the declared value of any animal which has been shipped from a port in the State to a British landing place shall be construed as references to the value of such animal as set out in the shipper's statement relating to such animal which has been delivered in accordance with this section by the owner thereof to the shipowner who ships such animal.

18 Compensation in respect of lost or damaged live stock.

18.—(1) Where—

• (a) an animal is exported, on or after the appointed day, from a port in the State to a British landing place, and

• (b) a shipper's statement has, in accordance with this Act, been delivered in respect of such animal, and

• (c) such animal is lost or damaged, either on land or sea, while in transit,

the owner or the personal representative of the owner of such animal shall be entitled to be paid, in respect of such loss or damage, compensation (not exceeding the declared value of such animal) under and in accordance with this Act.

• (2) For the purposes of this section an animal shall be deemed to be in transit until—

• (a) in case such animal is exported for immediate sale, the date of the holding, subsequent to importation, of the next sale at which it could be conveniently sold or the expiration of seventy-two hours from the time at which it is released from a British landing place, whichever is the earlier,

• (b) in any other case, the time at which such animal arrives at the land on which it is proposed to be kept or the expiration of seventy-two hours from the time at which it is released from a British landing place, whichever is the earlier.

19 Compensation in respect of liability on foot of general average contribution.

19.—Where—

• (a) an animal is exported, on or after the appointed day, from a port in the State to a British landing place, and

• (b) a shipper's statement has in accordance with this Act been delivered in respect of such animal, and

• (c) the owner or the personal representative of the owner of such animal is liable, under the Marine Insurance Act, 1906, to pay, as such owner or as the personal representative of such owner, a general average contribution, within the meaning of the said Act,

such owner or the personal representative of such owner shall be entitled to be paid in respect of such liability by way of compensation a sum equal to such general average contribution.

20 Committee of assessors.

20.—(1) Every claim for compensation under this Act in respect of cattle or sheep shall be referred by the Board to, and shall be investigated by, a committee of assessors consisting of three persons who shall, if and so far as qualified members of the Board are available, be members of the Board and be appointed by the Board and shall, if or so far as such members are not available, be persons engaged in the cattle trade or the sheep trade and be appointed on the request of the Board by the National Executive, but no such committee of assessors shall include a member of the Board who is engaged in the pig trade.

• (2) Every claim for compensation under this Act in respect of pigs shall be referred by the Board to, and shall be investigated by, a committee of assessors consisting of three persons who shall, if and so far as qualified members of the Board are available, be members of the Board who are engaged in the pig trade and be appointed to such committee by the Board and shall, so far as such members are not available, be persons engaged in the pig trade and be appointed by the National Executive on the request of the Board.

• (3) A person who has a pecuniary interest in a claim for compensation under this Act shall be disqualified from being a member of the committee of assessors investigating such claim.

• (4) Committees of assessors for the purposes of this section shall be appointed by the Board or the National Executive on the request of the Board (as may be requisite) as and when occasion requires or the Board consider such appointment desirable.

21 Determination of claims for compensation and payment of compensation.

21.—(1) When a committee of assessors have investigated a claim for compensation under this Act they shall determine whether the claimant is or is not entitled to such compensation, and where such committee determine that such claimant is entitled to such compensation such committee shall fix the amount thereof.

• (2) Every committee of assessors shall forthwith report to the Board their decision on every claim for compensation under this Act investigated by them and the amount (if any) of the compensation fixed by them as payable under this Act in respect of such claim.

• (3) Where a committee of assessors report under this section to the Board that a claimant for compensation under this Act is entitled to such compensation, there shall be paid out of the Fund to such claimant the amount of such compensation as fixed by the said committee.

• (4) The determination under this Act by a committee of assessors of a claim for compensation under this Act shall be final and conclusive both as to the right to such compensation and the amount (if any) thereof.

22 Expenses of committees of assessors.

22.—There shall be paid out of the Fund to members of committees of assessors (whether such members are or are not members of the Board) in respect of their performance of their duties as such members under this Act travelling expenses and subsistence allowances at such rates and on such scales as shall from time to time be fixed by the National Executive.

23 Rules by the Board.

23.—The Board may make rules in regard to all or any of the following matters, that is to say:—

• (a) the form and method in which applications for compensation under this Act are to be made;

• (b) the procedure of committees of assessors appointed under this Act, including the method of determination by such committees of matters requiring to be determined by them;

• (c) any matter referred to in this Act as prescribed.

24 Short title.

24.—This Act may be cited as the Exported Live Stock (Insurance) Act, 1940.