DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 12 General provisions relative to slaughter and compensation.

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DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 12

General provisions relative to slaughter and compensation.

12.(1) The Ministry may, notwithstanding anything in this Act, reserve for
observation and treatment an animal liable to be slaughtered under this Act at
the direction of the Ministry, but subject to payment of compensation by the
Ministry as in case of actual slaughter.

(2) Where an animal has been slaughtered under this Act at the direction of
the Ministry, the carcase of the animal shall belong to the Ministry and shall
be buried or sold or otherwise disposed of by or at the direction of the
Ministry, as the condition of the animal or carcase and other circumstances
may require or admit.

(3) If, in any case, the sum received by the Ministry on sale of a carcase
under this section exceeds the amount paid for compensation to the owner of
the animal slaughtered, the Ministry shall pay that excess to the owner, after
deducting reasonable expenses.

(4) Where an animal has been slaughtered under this Act at the direction of
the Ministry, the Ministry may use for the burial of the carcase any ground in
the possession or occupation of the owner of the animal and suitable in that
behalf, or any common or uninclosed land.

(5) If the owner of an animal slaughtered under this Act at the direction of
the Ministry has an insurance on the animal, the amount of the compensation
awarded to him under this Act may be deducted by the insurers from the amount
of the money payable under the insurance before they make any payment in
respect thereof.

(6) Notwithstanding anything in this Act, the Ministry may, if it thinks fit,
withhold, either wholly or partially, compensation or other payment in respect
of an animal slaughtered under this Act at its direction where, in the
judgment of the Ministry

(a)the owner or the person having charge of the animal has been guilty of an
offence against this Act tending to prejudice the due control of the disease
necessitating the slaughter; or

(b)the animal, being an imported animal, was diseased at the time of its
landing [or, before or while being brought from any member State, exposed to
the infection of disease].

(7) The Ministry may make such orders as it thinks fit for all or any of the
following purposes:

(a)for prescribing the mode of ascertainment of the value of an animal
slaughtered, or liable to be slaughtered, at the direction of the Ministry;

(b)for regulating applications for, and the mode of payment of, compensation;

(c)for prescribing and regulating the destruction, burial, disposal or
treatment of carcases of animals slaughtered at the direction of the Ministry.

(8) This section shall have effect in relation to poultry as it has effect in
relation to animals and its provisions shall be construed accordingly [but, in
its application to poultry, sub-section (6) shall have effect as if after
paragraph (b) thereof there were added the following paragraph:

Regulation of movement of animals and poultry, etc.

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Northern Irish Legislation

DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 12