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Exported Animals (Compensation) Act (Northern Ireland) 1952

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12Compensation in respect of detention and depreciationN.I.

(1)Where any animals which have been exported after the passing of this Act are detained beyond the normal detention period by reason of the requirements of the British authorities, the owner of such animals shall, subject to the provisions of this Act, be entitled to be paid compensation out of the Fund in respect of—

(a)extra lairage and feeding charges incurred by reason of such detention;

(b)any depreciation in the value of the animals due to such detention.

(2)Every claim for compensation under this section shall be investigated by the Trustees in such manner as the Trustees think fit, and the Trustees shall determine whether the claimant is or is not entitled to such compensation.

(3)The amount of compensation (if any) to be paid under this section—

(a)in respect of extra lairage and feeding charges shall not in any case exceed such expenditure as may be proved, to the satisfaction of the Trustees, to have been actually incurred in that behalf by the owner of the animals detained;

(b)in respect of any depreciation in the value of any animals shall be in accordance with such scale as may be determined by the Ministry by order made after consultation with the Association.

(4)Compensation under this section—

(a)where any animals—

(i)are detained beyond the normal detention period; and

(ii)are subsequently slaughtered, and compensation in respect of them becomes payable under section eight of this Act;

may be paid in respect of the detention of those animals if it would have been payable apart from this paragraph;

(b)subject to the provisions of the preceding paragraph, shall not be payable in respect of animals in respect of which compensation is payable under section eight of this Act;

(c)subject to the provisions of the last preceding paragraph, may, where it is payable in respect of the detention of any animals, be paid also in respect of the depreciation in the value of those animals due to such detention.

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