Animal Health and Welfare Act 2013

71L.

F49[Payment of compensation by Minister.

71L

71L. (1) The Minister shall

(a)  pay to the applicant concerned the amount of compensation set out in the determination—

(i) where no appeal has been made, as soon as practicable after the date on which the period specified in section 71J(1) for making such an appeal has expired, or

(ii) where an appeal has been made, but the determination under appeal ceases to be under appeal, as soon as practicable after the date on which the determination under appeal ceases to be under appeal,

or

(b)  where the High Court has made an order under paragraph (a), or paragraph (b)(i) or (iii), of section 71J(5), pay to the applicant concerned compensation in accordance with the order as soon as practicable after the date on which the order is made.

(2)  Where an appeal has been made in respect of a part of a determination only—

(a) the Minister shall, as soon as practicable, pay to the applicant concerned compensation in accordance with the parts of the determination that are not the subject of the appeal, and

(b) paragraphs (a)(ii) and (b) of subsection (2) shall apply in respect of the parts of the determination that are the subject of the appeal.

(3) Where an advance payment has been made to an applicant by the Minister in accordance with regulations made under section 71D(3)(e), and has not been repaid in whole or in part, the Minister may, in accordance with regulations made under section 71D(3)(e), reduce the amount payable to the applicant under subsection (1) or (2), as the case may be, by the amount, or a portion of the amount, of the advance payment owing.

(4) For the purposes of this section, a determination under appeal ceases to be under appeal where—

(a) the party who appealed withdraws or abandons the appeal, or

(b) where both parties have appealed, the appeal is withdrawn or abandoned by both parties.

(5) In this section—

"determination under appeal" means a determination, or a part of a determination, that has been appealed under section 71J, but in relation to which no order has been made by the High Court under paragraph (a), or paragraph (b)(i) or (iii), of section 71J(5);

"date on which a determination under appeal ceases to be under appeal" means—

(a) where subsection (4)(a) applies, the date of the withdrawal or abandonment concerned, or

(a) where subsection (4)(b) applies, the date on which the later party to withdraw or abandon the appeal does so.]

Annotations:

Amendments:

F49

Inserted (9.12.2022) by Animal Health and Welfare and Forestry (Miscellaneous Provisions) Act 2022 (4/2022), s. 7, S.I. No. 640 of 2022.