Córas Beostoic agus Feola Act, 1979

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Number 25 of 1979

CÓRAS BEOSTOIC AGUS FEOLA ACT, 1979

ARRANGEMENT OF SECTIONS

Number 25 of 1979

CÓRAS BEOSTOIC AGUS FEOLA ACT, 1979

AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF CÓRAS BEOSTOIC AGUS FEOLA AND TO PROVIDE FOR THE DISSOLUTION OF CÓRAS BEOSTOIC AGUS FEOLA TEORANTA. [25th July, 1979]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—In this Act—

“the Act of 1847” means the Towns Improvement Clauses Act, 1847;

“the Act of 1878” means the Public Health (Ireland) Act, 1878 ;

“the Act of 1930” means the Agricultural Produce (Fresh Meat) Act, 1930 ;

“the Act of 1935” means the Slaughter of Animals Act, 1935 ;

“beef exporter's licence” means a beef exporter's licence within the meaning of the Act of 1930;

“the Board” means Córas Beostoic agus Feola established by this Act;

“the chief officer” means the chief officer of the Board;

“the Company” means Córas Beostoic agus Feola Teoranta;

“exporter's permit” means a permit granted by the Minister under section 17 of the Act of 1930;

“levy” except in “levy period” means levy under this Act;

“levy period” means a period of any month beginning on the first day of that month;

“livestock” means bovine animals and sheep;

“local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town;

“meat” means the meat of bovine animals and sheep, the offal of bovine animals and sheep and any by-products in the slaughter of bovine animals and sheep but excluding wool;

“the Minister” means the Minister for Agriculture;

“slaughter-house” includes an abattoir.

Establishment day.

2.—The Minister may by order made under this section appoint a day to be the establishment day for the purposes of this Act.

Establishment of Board.

3.—(1) There shall, by virtue of this section, be established on the establishment day a body to be styled and known as Córas Beostoic agus Feola to perform the functions assigned to it by this Act.

(2) The Board shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

(3) The seal of the Board shall be authenticated by the signature of the chairman thereof, or by the signature of a member of the Board authorised by the Board to act in that behalf together with the signature of an officer authorised by the Board to act in that behalf.

(4) Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by and to be sealed with the seal of the Board (purporting to be authenticated in accordance with this section) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

Functions of Board.

4.—(1) The functions of the Board shall be to—

(a) develop, promote, facilitate, encourage, co-ordinate and assist the export of livestock and meat,

(b) develop, promote, facilitate, encourage, co-ordinate and assist the increased consumption of meat in the State,

(c) survey, investigate and develop markets and potential markets for livestock and meat,

(d) purchase for export and export for sale, or provide for the purchase for export and the exportation for sale, either as principal or agent, or either independently or jointly with others, of livestock and meat to such extent and to such markets as the Minister may from time to time direct,

(e) collect and disseminate market intelligence and provide information and advice in relation to supply and demand and market trends and trade opportunities in any market to exporters of livestock or meat and to processors of meat for export and to retailers and wholesalers of meat for sale in the State,

(f) conduct or provide for the conducting of reviews, surveys, symposia, analyses and studies in relation to trade in, and markets and potential markets for, livestock and meat both in the State and outside the State,

(g) provide or arrange for the provision of publicity, advertising and promotional campaigns both in the State and outside the State for the purpose of encouraging the increased consumption of meat and for the purpose of expanding the total volume and value of exports of livestock and meat,

(h) establish, equip and operate, and provide for the establishment, equipment and operation of, and assist in the operation of, exhibitions, show rooms, information bureaux and similar establishments both in the State and outside the State for the purpose of encouraging increased consumption of meat and for the purpose of expanding the total volume and value of exports of livestock and meat,

(i) publish and distribute or provide for the publication and distribution of magazines, journals, reports and similar documents both in the State and outside the State for the purpose of encouraging the increased consumption of meat and for the purpose of expanding the total volume and value of exports of livestock and meat,

(j) advise exporters in relation to matters affecting or connected with the transportation of livestock and meat and carry out or provide for the carrying out of reviews of methods and systems of transportation,

(k) carry out or provide for the carrying out of and assist test marketing and trial or pilot shipments of livestock and meat,

(l) subject to subsection (2) of this section, establish, with the consent of the Minister, such subsidiary body or bodies as may be necessary to engage in the export of livestock and meat.

(2) Whenever the Board establishes, pursuant to subsection (1) (l) of this section, any subsidiary body, the Board may, out of funds at its disposal (including the proceeds of the levy pursuant to this Act but not including any funds provided by the Oireachtas) advance money to such body.

Assignment of additional functions to Board.

5.—(1) The Minister may, from time to time, by order, assign to the Board such additional functions in relation to livestock or meat as he considers to be incidental to or consequential on the functions assigned to the Board by this Act.

(2) The Minister may by order revoke or amend an order under this section (including this subsection).

(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the order is laid before it, passes a resolution annulling the order, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Constitution of Board.

6.—(1) The Board shall consist of the following members, that is to say, a chairman and nine ordinary members.

(2) The chairman of the Board shall be appointed by the Minister.

(3) The ordinary members of the Board shall comprise:

(a) two persons appointed by the Minister, one of whom shall be an officer of the Minister,

(b) three persons who shall represent the producers of bovine animals and sheep who shall be appointed by the Minister on the nomination of such organisations as the Minister considers to be representative of such producers,

(c) two persons who shall represent the meat export trade who shall be appointed by the Minister on the nomination of such organisations as the Minister considers to be representative of such export trade,

(d) one person who shall represent meat traders who sell meat by wholesale or retail for consumption in the State who shall be appointed by the Minister on the nomination of such organisations as the Minister considers to be representative of such traders,

(e) one person who shall represent the live bovine animal and sheep export trade who shall be appointed by the Minister on the nomination of such organisations as the Minister considers to be representative of such export trade.

Term of office of members of Board.

7.—(1) The chairman shall hold office for the period of three years from the date of his appointment.

(2) The persons who are first appointed by the Minister to be ordinary members of the Board shall hold office as follows:

(a) three of such members shall hold office for the period of one year from the date of their appointment,

(b) three of such members shall hold office for the period of two years from the date of their appointment,

(c) the remaining three members shall hold office for the period of three years from the date of their appointment.

(3) The members of the Board who are to hold office for the periods specified in paragraphs (a) and (b) of subsection (2) of this section shall be decided by lot to be drawn in such manner as may be decided by the Minister subject to the limitation that not more than one person representing the producers of bovine animals and sheep and not more than one person representing the meat export trade and not more than one person appointed by the Minister in accordance with paragraph (a) of subsection (3) of section 6 shall retire in any one year.

(4) Every person who is appointed by the Minister pursuant to this section to be an ordinary member of the Board, other than a first member of the Board, shall hold office for the period of three years from the date of his appointment.

Eligibility of outgoing member.

8.—A member of the Board whose term of office expires by the effluxion of time shall be eligible for reappointment.

Resignation and disqualification of member of Board.

9.—(1) A member of the Board may at any time resign his office by letter addressed to the chief officer of the Board and the resignation shall take effect on and from the date of the receipt of the letter by the chief officer.

(2) A member of the Board shall be disqualified for holding and shall cease to hold office as such member if he is adjudged a bankrupt, or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State unless with the knowledge and consent of the Minister or absents himself, otherwise than with the permission of the Board or through illness, during any period of three consecutive months, from every meeting of the Board held during that period.

(3) The chief officer of the Board shall forthwith notify the Minister of a resignation or disqualification under this section.

Removal of member of Board.

10.—The Minister may at any time remove from office a member of the Board.

Casual vacancies among members of Board.

11.—(1) A casual vacancy occurring among members of the Board shall be filled by nomination by the Minister of—

(a) in case the member occasioning the vacancy was the chairman, a person whom the Minister considers to be suitable to be chairman,

(b) in case the member occasioning the vacancy was nominated by any group of persons, a person whom the Minister considers to be representative of that group, and

(c) in case the member occasioning the vacancy was appointed by the Minister a person whom the Minister considers to be suitable for appointment.

(2) Every person appointed by the Minister pursuant to this section to be a member of the Board shall hold office, unless he sooner dies, resigns or becomes disqualified, for the remainder of the period for which the person occasioning the vacancy would have held office.

Disqualification of member of either House of Oireachtas for membership of Board.

12.—(1) Where a member of the Board is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas, he shall, on his acceptance of the nomination, cease to be a member of the Board.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, shall, while so entitled, be disqualified from being a member of the Board.

Remuneration of members of Board.

13.—The chairman of the Board and any ordinary member of the Board shall be paid, out of funds at the disposal of the Board, such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for the Public Service, may decide.

Committees of Board.

14.—(1) The Board may, from time to time, establish such and so many committees as it thinks fit to advise the Board in relation to any of the functions assigned to it under this Act.

(2) A committee established under this section shall have no function other than to advise the Board and may, if the Board thinks fit, include in its membership persons who are not members of the Board.

(3) A member of a committee established under this section may be removed from office at any time by the Board.

(4) The Board may at any time dissolve a committee appointed under this section.

(5) The Board may regulate the procedure of committees established under this section but, subject to any such regulation, committees established under this section may regulate their own procedure.

(6) A member of any committee established by the Board pursuant to this section shall be paid such allowances for expenses as the Minister, with the approval of the minister for the Public Service, may decide.

Accounts and audits.

15.—(1) The Board shall keep in such form as may be approved of by the Minister, with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it, including an income and expenditure account and a balance sheet, and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister, on his own motion, or at the request of the Minister for Finance, shall from time to time direct and the Board shall ensure that separate accounts shall be kept by any subsidiary body that may be established by the Board under this Act.

(2) Accounts kept in pursuance of this section, other than accounts kept by a subsidiary body established by the Board under this Act, shall be submitted as soon as may be after the end of the accounting period by the Board to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the income and expenditure account and of the balance sheet and of such other (if any) of the accounts kept pursuant to this section as the Minister, after consultation with the Minister for Finance, may direct and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.

Annual report and information.

16.—(1) The Board shall as soon as may be after the end of each accounting period make a report to the Minister of its proceedings under this Act during the period and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) The Board shall supply the Minister with such information regarding the performance of its functions as he may from time to time require.

Power to borrow.

17.—(1) The Board may, with the concurrence of the Minister and the Minister for Finance, borrow either in the State or outside the State money for capital purposes provided that the aggregate at any one time of the borrowings which have not been repaid shall not exceed £5,000,000.

(2) The Board may, with the concurrence of the Minister and the Minister for Finance, borrow either in the State or outside the State money for non-capital purposes.

(3) For the purpose of this section, money raised or borrowed in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual money raised or borrowed, such equivalent being calculated according to the rate of exchange at the time of the raising or borrowing of the money.

(4) The Board may charge its assets as security for the repayment of borrowings under this section.

Grants to Board.

18.—There may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Board out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Finance, may decide.

Meetings and procedure of Board.

19.—(1) The Board shall hold such and so many meetings as may be necessary for the due fulfilment of its functions.

(2) The first meeting of the Board shall be held on or as soon as conveniently may be after the establishment day.

(3) At a meeting of the Board—

(a) the chairman of the Board shall, if present, be the 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 members of the Board who are present shall choose one of their number to be chairman of the meeting.

(4) 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 the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(5) The Board may act notwithstanding one or more vacancies among its members.

(6) Subject to the provisions of this Act, the Board shall regulate its procedure by rules or otherwise.

(7) The quorum for a meeting of the Board shall, unless the Minister otherwise directs, be four.

Disclosure by member of Board of interest in proposed contract.

20.—A member of the Board who has any interest in any contract which the Board proposes to make shall disclose to the Board the fact of the interest and the nature thereof, and shall take no part in any deliberation or decision of the Board relating to the contract, and the disclosure shall be recorded in the minutes of the Board.

Non-disclosure of information.

21.—(1) Subject to subsection (2) of this section, a member of the Board shall not disclose to any person who is not a member of the Board or an officer or servant of the Board any information relating to any person or company which he has acquired in his capacity as such member without the consent of the person or company to whom or to whose business the information relates.

(2) Subsection (1) of this section shall not apply in relation to the disclosure of information to the Minister or to the Comptroller and Auditor General.

Investment by Board.

22.—The Board may invest any of its funds in any manner in which a trustee is empowered by law to invest trust funds.

Chief officer.

23.—(1) There shall be a chief officer (whether he is so described or not) who shall act as the chief officer of the Board.

(2) The chief officer shall be appointed by the Board and shall hold his office on such terms and conditions and shall perform such duties as the Board from time to time directs.

(3) There shall be paid by the Board to the chief officer out of funds at its disposal such remuneration and allowances as the Minister, with the consent of the Minister for the Public Service, from time to time decides.

(4) The chief officer shall not hold any other office or position without the consent of the Board.

Officers and servants of Board.

24.—(1) The Board shall appoint such and so many persons to be officers and servants of the Board as the Board from time to time thinks proper.

(2) An officer or servant of the Board shall hold his office or employment on such terms and conditions as the Board from time to time decides.

(3) The remuneration and allowances of the officers and servants of the Board shall be decided from time to time by the Board with the concurrence of the Minister and the Minister for the Public Service.

(4) The Board may at any time remove any officer or servant of the Board from being its officer or servant.

Performance of functions of Board by officers or servants.

25.—The Board may perform any of its functions through or by any of its officers or servants duly authorised by the Board in that behalf.

Nomination of officer or servant of Board for membership or election to either House of Oireachtas.

26.—(1) Where a person who is an officer or servant of the Board is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas, he shall stand seconded from employment by the Board and shall not be paid by, or be entitled to receive from, the Board any remuneration or allowances—

(a) in case he is nominated as a member of Seanad Éireann, in respect of the period commencing on his acceptance of the nomination and ending when he ceases to be a member of that House,

(b) in case he is nominated for election to either House, in respect of the period commencing on his acceptance of the nomination and ending when he ceases to be a member of that House or fails to be elected or withdraws his candidature, as the case may be.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming an officer or servant of the Board.

Superannuation of officers and servants of Board.

27.—(1) As soon as conveniently may be after the establishment day, the Board shall prepare and submit to the Minister for his approval, a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such officers or servants of the Board as it may think fit.

(2) The Board may, at any time, prepare and submit to the Minister a scheme amending a scheme under this section.

(3) Where a scheme is submitted to the Minister pursuant to this section, the Minister may, with the concurrence of the Minister for the Public Service, approve the scheme.

(4) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for the Public Service, be carried out by the Board in accordance with its terms.

(5) A scheme submitted and approved of under this section shall fix the time and conditions of retirement for all persons to whom or in respect of whom pensions, gratuities or other allowances on retirement or death are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(6) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or other allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for the Public Service, whose decision shall be final.

(7) No pension, gratuity or other allowance shall be granted by the Board on the resignation, retirement or death of an officer or servant of the Board otherwise than in accordance with a scheme under this section.

(8) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Levy on slaughtered or exported livestock.

28.—(1) There shall be charged and levied by and paid to the Board a levy in relation to—

(a) all livestock slaughtered in premises to which this section applies, and

(b) all livestock exported live from the State.

(2) The amount of levy payable under this section shall be—

(a) in relation to bovine animals, 50p per animal,

(b) in relation to sheep, 5p per animal.

(3) Subject to subsection (4) of this section, the Minister may, by order, vary the rate of levy prescribed by subsection (2) of this section.

(4) Whenever the Minister proposes to make an order varying the rate of levy payable under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(5) This section applies to the following premises, namely—

(a) any slaughtering premises registered under the Act of 1930;

(b) any slaughter-house licensed or registered under either the Act of 1847, or that Act as extended by section 105 of the Act of 1878, or by section 4 of the Act of 1935;

(c) any slaughter-house owned or provided by a local authority.

Levy due and payable.

29.—(1) Levy in respect of livestock, other than livestock which are exported live from the State, shall be due when the livestock are slaughtered.

(2) Within the period of fourteen days commencing immediately after the expiration of a levy period, every person who is liable to pay levy shall furnish to the Board a true and correct return of the amount of levy, if any, which became due by him during the levy period and shall at the same time remit to the Board the amount of levy, if any, payable by him in respect of such levy period.

(3) Any person who fails to comply with the provisions of subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(4) Levy in respect of livestock which are slaughtered shall be paid to the Board by—

(a) in the case of livestock slaughtered at a slaughter-house owned or provided by a local authority, the person for whom the slaughtering facilities were provided by the authority,

(b) in the case of livestock slaughtered at any slaughtering premises registered under the Act of 1930, the person who is the holder of either a beef exporter's licence or an exporter's permit in respect of such premises,

(c) in the case of livestock slaughtered at a slaughter-house registered either under the Act of 1847, or that Act as extended by section 105 of the Act of 1878, or by section 4 of the Act of 1935, the person who at the time at which the livestock are slaughtered is either the holder of the relevant licence or the person in whose name the premises are so registered.

(5) Levy in relation to livestock exported live from the State shall be paid to the Board in the manner specified in subsection (6) of this section by the person by or on whose behalf the livestock are being exported.

(6) Levy in relation to livestock exported live from the State shall be paid by means of adhesive stamps which shall be purchased from the Board and shall be—

(a) of such type and of such denominations as may be prescribed by regulations made by the Minister,

(b) affixed to such documentation as may be specified in regulations made by the Minister, and

(c) cancelled or perforated by an officer of Customs and Excise at the point of export.

(7) (a) The exportation live from the State of livestock shall be prohibited unless, before exportation, the proper officer of Customs and Excise is satisfied that the appropriate number of stamps has been affixed in accordance with subsection 6 (b) of this section.

(b) The provisions of the Customs Acts and instruments made thereunder shall apply to livestock the exportation of which is prohibited under this section.

(8) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the regulation is laid before it, passes a resolution annulling the regulation, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Recovery of levy.

30.—Every sum payable by a person for or on account of levy shall be recoverable by the Board from that person as a simple contract debt in any court of competent jurisdiction.

Duty to keep records.

31.—Every person who is liable to pay levy shall, in accordance with such direction (if any) as may be given by the Board, keep full and true records of all transactions which affect his liability to levy.

Dissolution of the Company.

32.—(1) The Company shall, on the establishment day, be dissolved by virtue of this section.

(2) All property, whether real or personal (including choses-in-action), which immediately before the establishment day was vested in or belonged to or was held in trust or subject to conditions for the Company, and all rights, powers and privileges relating to or connected with any such property, shall on the establishment day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company, become the property of and be vested in or be held in trust or subject to conditions for (as the case may require) the Board.

(3) All property transferred by this section which immediately before the establishment day was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of the Company shall, upon the request of the Board, made at any time on or after the establishment day, be transferred in those books by the bank, corporation or company into the name of the Board.

(4) Every chose-in-action transferred by this section may, on or after the establishment day, be sued upon, recovered or enforced by the Board in its own name and it shall not be necessary for the Board to give notice to the person bound by any such chose-in-action of the transfer effected by this section.

(5) Every debt or other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the establishment day is owing and is unpaid and is undischarged by the Company shall, on the establishment day, become and be the debt or liability of the Board and shall be paid and discharged by and may be recovered from and enforced against the Board accordingly.

(6) Every contract which was entered into and is in force immediately before the establishment day between the Company and any person shall continue in force on or after the establishment day but it shall be construed and have effect as if the Board were substituted therein for the Company and shall be enforceable by or against the Board accordingly.

(7) Where immediately before the establishment day, any legal proceedings are pending to which the Company is a party, the name of the Board shall be substituted for that of the Company in the proceedings and the proceedings shall not abate by reason of such substitution.

(8) Any officer or servant in the service or employment of the Company immediately before the establishment day shall on the establishment day be transferred from the service or employment of the Company and become an officer or servant, as the case may be, of the Board with the same rights and subject to the same obligations and duties in respect of such service or employment as he would have had or been subject to as an officer or servant of the Company.

Expenses.

33.—Any expenses incurred by the Minister in the administration of this Act shall to such extent as may be sanctioned by the Minister for Finance be paid out of moneys provided by the Oireachtas.

Short title.

34.—This Act may be cited as the Córas Beostoic agus Feola Act, 1979.