Slaughterhouses Act 1974

1974 CHAPTER 3

An Act to consolidate certain enactments relating to slaughterhouses and knackers’ yards and the slaughter of animals.

[8th February 1974]

Modifications etc. (not altering text)

C1 Act: certain functions transferred (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1 Act wholly in force at 1.4.1974 see s. 48(3).

Part I E+W Slaughterhouses and Knackers’ Yards

Modifications etc. (not altering text)

C2 Pt. I: power to transfer functions conferred by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 3(2)

Pt. I: certain functions transfered (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch.2

Pt. I: modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch.2

Pt. I: certain functions transfered (10.2.1992) by S.I. 1991/2913, art. 8(1)(3), Sch.2

Pt. I: modified (10.2.1992) by S.I. 1991/2913, art. 8(2)(3), Sch.2

Licensing of private slaughterhouses and knackers’ yards E+W

1 Slaughterhouses and knackers’ yards to be licensed. E+W

(1) It shall be an offence—

(a) for the occupier of any premises to use them as a slaughterhouse or knacker’s yard, or to permit them to be so used, unless he holds a licence under this section authorising him to keep those premises as a slaughterhouse or, as the case may be, a knacker’s yard, or

(b) for any person other than the occupier to use any premises as a slaughterhouse or knacker’s yard, unless the occupier holds such a licence in respect of those premises.

(2) Licences under this section (in this Part of this Act referred to as “licences”) shall be granted by the local authority, subject to and in accordance with the provisions of this Part.

(3) Where any premises used or to be used for the confinement of animals awaiting slaughter in a slaughterhouse or knacker’s yard are situated outside the curtilage of the premises used or to be used for the slaughter, separate licences may be granted authorising the use of those premises for the purposes of the confinement and the slaughter respectively.

(4) In relation to the use of any premises for or in connection with the slaughter of horses, a licence shall be of no effect unless it expressly authorises the use of the premises for that purpose.

2 Slaughterhouse licences and applications for such licences. E+W

(1) Where a local authority receive from the occupier of, or a person proposing to occupy, any premises an application for the grant or renewal of a licence authorising him to occupy those premises as a slaughterhouse, then, subject to the following provisions of this section and to sections 3 and 6 below, the authority—

(a) shall grant or, as the case may be, renew the licence in accordance with the application if they are satisfied that the requirements mentioned in subsection (2) below are, or within a reasonable time will be, complied with in respect of the premises; and

(b) shall refuse to grant or, as the case may be, renew the licence if they are not so satisfied.

(2) The requirements referred to in subsection (1)(a) above are the requirements relating to slaughterhouses—

(a) of regulations under [F1 section 16 of the Food Safety Act 1990];

(b) of byelaws, if any, made by the authority under section 12 below; and

(c) of construction regulations under section 38 below.

(3) The reference in subsection (2)(c) above to the requirements of construction regulations under section 38 below shall, in relation to an application which does not state expressly that it is for a slaughterhouse licence containing an authorisation in respect of horses under section 1(4) above, be construed as excluding such of those requirements as relate only to horses; but any licence granted or renewed in pursuance of such an application shall not contain such an authorisation.

(4) A local authority shall not grant or renew a slaughterhouse licence until an officer of the authority has inspected the premises named in the application and has made a report on those premises.

(5) A local authority may require a person who applies for the grant or renewal of a slaughterhouse licence to give to them, before his application is considered, information as to any other licence in respect of a slaughterhouse or knacker’s yard which he holds or has held, either in their district or in the district of another local authority; and if an applicant who is so required gives the authority any information which is false in a material respect, he shall be guilty of an offence.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(7) . . . F2

Textual Amendments

F1 Words substituted by virtue of Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 18(a)

F2 S. 2(6)(7) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. I

Modifications etc. (not altering text)

C3 S. 2(1) excluded by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(1), Sch. 1

3 Certain applications for slaughterhouse licence to be refused forthwith. E+W

(1) Where—

(a) a local authority receive an application for the grant or renewal of a slaughterhouse licence in respect of any premises, being an application to which this section applies, and

(b) it appears to the authority that the proposed slaughterhall forms part of a building another part of which, being a part within the curtilage of those premises, is, or is proposed to be, used or adopted for use as a dwelling,

then, subject to section 6 below, the authority shall refuse the application forthwith unless they are satisfied that, if the licence is granted or renewed, no part of that building within the curtilage of those premises will be used as a dwelling at any time while the licence is in force.

(2) This section applies to any application—

(a) for the grant of a new slaughterhouse licence; or

(b) for the grant or renewal of a slaughterhouse licence in respect of premises—

(i) in respect of which a new slaughterhouse licence has been granted since 1st August 1958; or

(ii) in the case of which a holder of a slaughterhouse licence in respect of those premises has been convicted of an offence under section 11(1) below.

(3) In subsection (2) above “new”, in relation to a slaughterhouse licence, means in respect of premises in respect of which such a licence was not in force at, or at any time less than 12 months before, the date when the application for the licence was made.

4 Knacker’s yard licences and applications for such licences. E+W

(1) Where a local authority receive from the occupier of, or a person proposing to occupy, any premises an application for the grant or renewal of a licence authorising him to occupy those premises as a knacker’s yard, then, subject to subsections (3) and (4) below, the authority may grant or, as the case may be, renew the licence.

(2) Without prejudice to subsection (1) above and subject to section 6 below, a local authority may refuse to grant or, as the case may be, renew a knacker’s yard licence in respect of any premises if they are not satisfied that the requirements relating to knackers’ yards—

(a) of regulations under [F3 section 16 of the Food Safety Act 1990], or

(b) of byelaws, if any, made by the authority under section 12 below,

are complied with in respect of those premises, or will be complied with before the date on which the licence or renewed licence comes into force.

(3) Subject to section 6 below, a local authority shall refuse to grant or, as the case may be, renew a knacker’s yard licence in respect of any premises unless they are satisfied that the requirements relating to knackers’ yards of construction regulations under section 38 below are complied with in respect of those premises, or will be complied with before the date on which the licence or renewed licence comes into force.

(4) A local authority shall not grant or renew a knacker’s yard licence until an officer of the authority has inspected the premises named in the application and has made a report on those premises.

(5) A local authority may require a person who applies for the grant or renewal of a knacker’s yard licence to give to them, before his application is considered, information as to any other licence in respect of a slaughterhouse or knacker’s yard which he holds or has held, either in their district or in the district of another local authority; and if an applicant who is so required gives the authority any information which is false in a material respect, he shall be guilty of an offence.

Textual Amendments

F3 Words substituted by virtue of Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 18(b)

5 Notification of refusal of licence. E+W

(1) If a local authority refuse to grant or renew a licence, they shall forthwith give notice to the applicant of their decision in the matter, and a statement of the grounds on which that decision was based shall—

(a) in the case of a refusal of a slaughterhouse licence under section 3 above, be included in the notice;

(b) in any other case, if so required by the applicant within 14 days from the date of the decision, be given to him by the authority not later than 48 hours after they receive the requirement.

(2) Every notice under subsection (1) above shall state the right of appeal to a magistrates’ court for which provision is made by section 6(1) below and the time within which such an appeal may be brought.

(3) For the purposes of this section and sections 6 and 7 below, a refusal by a local authority—

(a) to grant a licence with an authorisation in respect of horses under section 1(4) above, or

(b) to renew a licence with such an authorisation,

shall be treated as a refusal to grant or, as the case may be, as a refusal to renew a licence.

6 Appeals against refusal of licence. E+W

(1) A person aggrieved by the refusal of a local authority to grant or renew a licence may appeal to a magistrates’ court, and that court may—

(a) in the case of a refusal of a slaughterhouse licence under section 3 above, if satisfied that the authority acted unreasonably in refusing the application on the grounds stated in the notice, declare the refusal to be of no effect;

(b) in any other case, vary or reverse the authority’s decision.

(2) The procedure on an appeal to a magistrates’ court under subsection (1) above shall be by way of complaint for an order, and [F4 the Magistrates’ Courts Act 1980] shall apply to the proceedings.

(3) The time within which such an appeal may be brought shall be 21 days from the date on which notice of the authority’s refusal was served upon the person desiring to appeal, and for the purpose of this subsection the making of the complaint shall be deemed to be the bringing of the appeal.

(4) A person aggrieved by an order, determination or other decision of a magistrates’ court under subsection (1) above may appeal to the Crown Court.

Textual Amendments

F4 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 124

7 Right to continue to use premises pending appeal. E+W

Where a decision of a local authority refusing a licence, or a decision of a magistrates’ court on appeal against such a decision, makes it unlawful for a person to use any premises for a purpose for which he or his immediate predecessor had been lawfully using them at the date when the decision of the authority was given, he may continue to use them for that purpose until the time for appealing has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned or has failed for want of prosecution.

8 Effect of court’s decision. E+W

Where on an appeal under section 6 above a court declares a refusal of a slaughterhouse licence under section 3 above to be of no effect, or varies or reverses any other decision of a local authority, it shall be the duty of the authority to give effect to the order of the court.

9 Duration of licences. E+W

A licence shall remain in force for such period not exceeding 13 months as may be fixed by the local authority, but may from time to time be renewed by them for a period not exceeding 13 months at any one time.

10 Temporary continuance of licence on death. E+W

Where a person who holds a licence dies, the licence shall, unless previously cancelled, enure for the benefit of his personal representative, or of his widow or any other member of his family, until the expiration of two months from his death, or until the expiration of such longer period as the local authority may allow.

Regulation of private slaughterhouses and knackers’ yards E+W

11 Restriction of dwellings in slaughterhouses. E+W

(1) Where a slaughterhouse licence is in force in respect of any premises, then, subject to subsection (2) below, if any person causes or permits to be used as a dwelling any part of a building which contains a slaughterhall, being a part within the curtilage of those premises, he shall be guilty of an offence.

(2) Subsection (1) above shall not apply if the part of the building in question has been appropriated as a dwelling continuously since before 1st August 1958 and no application to which section 3 above applies has been made in respect of the premises since that date.

(3) If a person convicted of an offence under subsection (1) above is the holder of a slaughterhouse licence in respect of the premises in question, the court may, in addition to any other punishment, cancel the licence.

(4) The provisions of section 7 above with respect to the right to continue to use premises shall also apply where the decision of a court cancelling a slaughterhouse licence under subsection (3) above makes it unlawful for a person to use as a slaughterhouse any premises which he was lawfully using for that purpose before the decision of the court was given.

12 Byelaws about slaughterhouses and knackers’ yards. E+W

(1) A local authority may, . . . F5 , make byelaws—

(a) for securing that slaughterhouses and knackers’ yards are kept in a sanitary condition and are properly managed, and

(b) requiring a person licensed to keep a knacker’s yard to keep, and to produce when required, records of animals brought into the yard and of the manner in which those animals and the different parts thereof were disposed of.

(2) Nothing in Part II of this Act shall be construed as restricting any power to make byelaws under paragraph (a) of subsection (1) above; but, in so far as any byelaws under that subsection conflict with regulations under [F6 section 16 of the Food Safety Act 1990], the regulations shall prevail.

(3) The confirming authority in respect of any byelaws under this section shall be the Minister.

(4) If a person convicted of an offence against any byelaw made under this section holds a licence in respect of the premises where the act was committed, the court may, in addition to any other punishment, cancel the licence.

Textual Amendments

F5 Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. I

F6 Words substituted by virtue of Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 18(c)

Modifications etc. (not altering text)

C4 S. 12(1) excluded by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(1), Sch. 1

13 Signs to be displayed at slaughterhouses and knackers’ yards. E+W

(1) The occupier of a slaughterhouse or knacker’s yard in respect of which a licence is in force shall display in a conspicuous position on the premises a legible notice with the words “Licensed Slaughterhouse” or “Licensed Knacker’s Yard”, as the case may be.

(2) A person who fails to comply with the provisions of this section shall be liable to a fine not exceeding [F7 level 1 on the standard scale].

Textual Amendments

F7 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Restriction of private slaughterhouses E+W

14 Restriction of slaughterhouses only by agreement. E+W

Nothing in, or in any instrument made under, any local Act shall make unlawful, or subject any person to any penalty by reason of, the use of any premises as a slaughterhouse or the slaughter of animals on any premises at a time when a slaughterhouse licence is in force in respect of the premises; but, with a view to reducing the number of slaughterhouses, a local authority may—

(a) acquire by agreement any premises in their district which are used as a slaughterhouse and discontinue the use of the premises for that purpose;

(b) agree with the person interested in any premises in the district which are used as a slaughterhouse for the discontinuance of slaughtering on those premises.

Provision and management of public slaughterhouses E+W

15 Power to provide public slaughterhouses. E+W

(1) Subject to the provisions of this section, a local authority may provide public slaughterhouses.

(2) Any proposal by a local authority to provide under this section a slaughterhouse within the district of another local authority shall require the consent of that authority; but such consent shall not be unreasonably withheld, and any question whether or not the consent of an authority for the purposes of this subsection is unreasonably withheld shall be referred to and determined by the Minister.

(3) It is hereby declared that the power conferred on local authorities by subsection (1) above is exercisable in either of the following ways, that is to say—

(a) by acquiring (whether by purchase, lease or otherwise) or appropriating land and providing slaughterhouse facilities there, or

(b) by acquiring (whether by purchase, lease or otherwise) land on which such facilities have been provided by other persons and securing that such facilities continue to be provided there;

and references in this Part of this Act to a local authority providing a slaughterhouse shall be construed accordingly.

(4) In subsection (3) above “slaughterhouse facilities” means facilities for carrying on the activities of a slaughterhouse, including plant and apparatus and the services of persons as slaughtermen or otherwise.

(5) Nothing in sections 1 to 14 above shall apply in relation to a public slaughterhouse provided by a local authority.

16 Management of public slaughterhouses. E+W

(1) A local authority who have provided a public slaughterhouse—

(a) may, . . . F8 , make byelaws for securing that the slaughterhouse is kept in a sanitary condition and is properly managed;

(b) may provide plant or apparatus for disposing of, treating or processing waste matters, refuse or by-products, resulting from the slaughter of animals in the slaughterhouse;

(c) may, if they think fit, employ persons to slaughter or stun, in accordance with Part II of this Act, animals to which section 36 below applies;

(d) subject to subsection (2) below, may make such arrangements as they think expedient for securing that all the activities of the slaughterhouse, or any particular activities, are carried on there by servants or agents of theirs to the exclusion of other persons.

(2) A local authority shall not exercise the power conferred by subsection (1)(d) above in such a manner as to deny any religious community reasonable facilities for obtaining as food the flesh of animals slaughtered by the method specially required by their religion.

(3) In so far as any byelaws under subsection (1)(a) above conflict with regulations under [F9 section 16 of the Food Safety Act 1990], the regulations shall prevail.

(4) The confirming authority in respect of any byelaws under subsection (1)(a) above shall be the Minister.

Textual Amendments

F8 Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. I

F9 Words substituted by virtue of Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 18(d)

Modifications etc. (not altering text)

C5 S. 16(1)(a) excluded by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(1), Sch. 1

17 Charges in respect of public slaughterhouses. E+W

(1) A local authority who have provided a public slaughterhouse may make charges, according to scales determined by them from time to time, in respect of the use of the slaughterhouse or of any services provided there.

(2) Every scale of charges determined by a local authority for the purposes of this section shall be published by them in at least one newspaper circulating in their district and in such other manner (if any) as they think expedient for informing persons interested.

18 Power to provide cold stores and refrigerators for public slaughterhouses. E+W

(1) Subject to the provisions of this section, a local authority who have provided, or are about to provide, a public slaughterhouse, may, . . . F10 , provide a cold store or refrigerator for the storage and preservation of meat and other articles of food and may make charges in respect of the use of any such store or refrigerator.

(2) Any proposal by a local authority to provide under this section a cold store or refrigerator within the district of another local authority shall require the consent of that authority; but that consent shall not be unreasonably withheld and any question whether or not the consent of an authority for the purposes of this subsection is unreasonably withheld shall be referred to and determined by the Minister.

(3)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F10 Words repealed by Local Government Act 1974 (c. 7), Sch. 8

F11 S. 18(3)–(5) repealed by Local Government Act 1974 (c. 7), Sch. 8

Enforcement and legal proceedings E+W

19 Execution and enforcement of Part I. E+W

It shall be the duty of every local authority to execute and enforce in their district the provisions of any section of this Part of this Act with respect to which the duty is not expressly, or by necessary implication, imposed on some other authority.

20 Powers of entry. E+W

(1) Subject to the provisions of this section, an authorised officer of a council shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours—

(a) for the purpose of ascertaining whether there is or has been on, or in connection with, the premises any contravention of the provisions of this Part of this Act or of any byelaws made under it, being provisions which the council are required or empowered to enforce, and

(b) generally for the purpose of the performance by the council of their functions under this Part of this Act or under any such byelaws;

but admission to any premises used only as a private dwellinghouse shall not be demanded as of right unless 24 hours’ notice of the intented entry has been given to the occupier.

(2) If a justice of the peace, on sworn information in writing,—

(a) is satisfied that there is reasonable ground for entry into any premises for any such purpose as mentioned in subsection (1) above, and

(b) is also satisfied either—

(i) that admission to the premises has been refused, or a refusal is apprehended and that notice of the intention to apply for a warrant has been given to the occupier, or

(ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise the council by any authorised officer to enter the premises, if need be by force.

(3) An authorised officer entering any premises by virtue of this section, or of a warrant issued under it, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against trespassers as he found them.

(4) If any person who, in compliance with the provisions of this section, or of a warrant issued under it, is admitted into a factory or workplace discloses to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be liable to a fine not exceeding [F12 level 3 on the standard scale] or to imprisonment for a term not exceeding three months.

(5) Nothing in this section shall authorise any person, except with the permission of the local authority under the [F13 Animal Health Act 1981], to enter any cowshed or other place in which an animal affected with any disease to which that Act applies is kept and which is situated in a place declared under that Act to be infected with such a disease.

(6) In this section “authorised officer”, in relation to a council, means an officer of the council authorised by them in writing, either generally or specially, to act in matters of any specified kind or in any specified matter.

Textual Amendments

F12 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F13 Words substituted by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96, Sch. 5 para. 11(a)

21 Obstruction. E+W

(1) A person who wilfully obstructs any person acting in the execution of this Part of this Act, or of any byelaw or warrant made or issued under it, shall be liable—

(a) if the court is satisfied that he committed the offence with intent to prevent the discovery of some other offence under this Part of this Act, or if he has within the previous 12 months been convicted of an offence under this subsection, to a fine not exceeding [F14 level 3 on the standard scale] or to imprisonment for a term not exceeding one month;

(b) in any other case, to a fine not exceeding [F15 level 1 on the standard scale].

(2) A person who—

(a) fails to give to any person acting in the execution of this Part of this Act, or of any byelaw or warrant made or issued under it, any assistance which that person may reasonably request him to give;

(b) fails to give to any such person any information which that person is expressly authorised by this Part of this Act to call for or may reasonably require; or

(c) when required to give any such information, knowingly makes any misstatement in respect thereof,

shall be liable to a fine not exceeding [F16 level 1 on the standard scale]; but nothing in this subsection shall be construed as requiring a person to answer any question or give any information, if to do so might incriminate him.

Textual Amendments

F14 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F15 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F16 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

22 Institution of proceedings by local authorities. E+W

A local authority may institute proceedings under any section of this Part of this Act if, and only if, they are the authority charged with its execution and enforcement.

23 Prosecution and punishment of offences. E+W

(1) All offences under this Part of this Act and byelaws made under it shall be punishable on summary conviction.

(2) A person guilty of an offence under this Part of this Act shall, unless a special punishment for that offence is provided by this Part, be liable—

(a) to a fine not exceeding [F17 level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both, and

(b) in the case of a continuing offence, to a further fine not exceeding £5 for each day during which the offence continues after conviction.

Textual Amendments

F17 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

24 Offences by corporations. E+W

(1) Where an offence under this Part of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) In subsection (1) above “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

25 Contravention due to default of some other person. E+W

(1) A person against whom proceedings are brought under this Part of this Act shall, upon information duly laid by him and on giving to the prosecution not less than three clear days’ notice of his intention, be entitled to have any person to whose act or default he alleges that the contravention of the provisions in question was due brought before the court in the procedings; and if, after the contravention has been proved,—

(a) the original defendant proves that the contravention was due to the act or default of that other person, that other person may be convicted of the offence;

(b) the original defendant further proves that he has used all due diligence to secure that the provisions in question were complied with, he shall be acquitted of the offence.

(2) Where a defendant seeks to avail himself of the provisions of subsection (1) above—

(a) the prosecution, as well as the person whom the defendant charges with the offence, shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting evidence;

(b) the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.

(3) Where it appears to the authority concerned that an offence has been committed in respect of which proceedings might be taken under this Part of this Act against some person and the authority are reasonably satisfied that the offence of which complaint is made was due to an act or default of some other person and that the first-mentioned person could establish a defence under subsection (1) above, they may cause proceedings to be taken against that other person without first causing proceedings to be taken against the first-mentioned person.

(4) In any proceedings taken by virtue of subsection (3) above the defendant may be charged with, and, on proof that the contravention was due to his act or default, be convicted of, the offence with which the person first mentioned in that subsection might have been charged.

26 Appeals to Crown Court. E+W

Where a person aggrieved by an order, determination or other decision of a magistrates’ court under this Part of this Act is not by any other enactment authorised to appeal to the Crown Court, he may appeal to that court.

Miscellaneous and supplemental E+W

27 Local authorities for purposes of Part I. E+W

In this Part of this Act “local authority” means—

(a) as respects the City of London, the Common Council;

(b) as respects any London borough, the council of the borough; and

(c) as respects any district, the council of the district.

28 Port health authorities and joint boards. E+W

Orders made by the Secretary of State—

(a) . . . F18

(b) under section 6 of that Act may constitute for the purposes of any such functions a united district and a joint board for that district;

and any such order may be amended by the Secretary of State under section 9 of that Act.

Textual Amendments

F18 S. 28 para. (a) repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

29 Protection for local government officers acting in good faith. E+W

(1) An officer of a council shall not be personally liable in respect of any act done by him in the execution or purported execution of this Part of this Act and within the scope of his employment, if he did that act in the honest belief that his duty under this Part required or entitled him to do it; but nothing in this subsection shall be construed as relieving a council from any liability in respect of acts of their officers.

(2) Where an action has been brought against an officer of a council in respect of an act done by him in the execution or purported execution of this Part of this Act and the circumstances are such that he is not legally entitled to require the council to indemnify him, the council may, nevertheless, indemnify him against the whole or a part of any damages and costs which he may have been ordered to pay or may have incurred, if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under this Part of this Act required or entitled him to do it.

30 Power of compulsory purchase of land. E+W

(1) A local authority may be authorised by the Minister to purchase land compulsorily for the purposes of this Part of this Act other than those of section 14 above; and for the purposes of this section “land” has the same meaning as in the M1 Public Health Act 1936.

(2) In relation to the compulsory purchase of land under this section, the [F19 Acquisition of Land Act 1981] shall apply . . . F20 .

Textual Amendments

F19 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 1 Table

F20 Words repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I

Marginal Citations

M1 1936 c. 49.

31 Local inquiries. E+W

(1) Where any Minister is authorised by this Part of this Act to determine any difference, to give any confirmation, to make any order, or otherwise to act under this Part of this Act, he may cause a local inquiry to be held.

(2) Subsections (2) to (5) of section 250 of the M2 Local Government Act 1972 shall apply in relation to a local inquiry held under subsection (1) above in any case where a Minister is authorised to determine any difference as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.

Marginal Citations

M2 1972 c. 70.

32 Incorporation of certain provisions of Public Health Act 1936. E+W

(1) The supplementary provisions of the M3 Public Health Act 1936 mentioned in subsection (2) below shall be deemed to be incorporated, so far as applicable, in this Part of this Act; and in those provisions as so incorporated—

(a) any reference to that Act shall be construed as a reference to this Part of this Act; and

(b) any reference to the Minister within the meaning of that Act shall be construed as a reference to the Minister within the meaning of this Part of this Act.

(2) The provisions of the M4 Public Health Act 1936 referred to in subsection (1) above are—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

• section 283 (notices to be in writing; forms of notices etc.);

• section 284 (authentication of documents);

• section 285 (service of notices);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

• section 304 (judges and justices not to be disqualified by liability to rates);

• section 317 (power to repeal and alter local Acts by provisional orders);

• [F22 sections 322, 324, 325] (default powers in relation to functions of councils); and

• section 328 (powers of Act to be cumulative).

Textual Amendments

F21 Entries repealed by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Sch. 2

F22 Words substituted by virtue of Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Sch. 2

Marginal Citations

M3 1936 c. 49.

M4 1936 c. 49.

33 Application to Crown. E+W

(1) Her Majesty may by Order in Council provide for the application to the Crown of such of the provisions of this Part of this Act and of any regulations made under it as may be specified in the Order, with such exceptions, adaptations and modifications as may be so specified.

(2) Without prejudice to the generality of subsection (1) above, an Order in Council under this section may make special provision for the enforcement of any provisions applied by the Order, and, where any such provision imposes a liability on a person by reason that he is the occupier of premises, the Order may make provision for determining, in a case where the premises are occupied by the Crown, the person who is to be treated as so liable.

(3) Any Order in Council under this section—

(a) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b) may be revoked or varied by a subsequent Order in Council so made.

34 Interpretation of Part I. E+W

In this Part of this Act, unless the context otherwise requires,—

• “animal” does not include bird or fish;

• “construction regulations” means regulations with respect to the construction, lay-out or equipment of premises used as a slaughterhouse or knacker’s yard;

• “council” includes a port health authority;

• “district”, in relation to the local authority of a London borough or the City of London, and in relation to the officers of such an authority, means the borough or the City, as the case may be;

• “functions” includes powers and duties;

• “horse” includes ass and mule;

• “knacker’s yard” means any premises used in connection with the business of slaughtering, flaying or cutting up animals whose flesh is not intended for human consumption;

• “licence” means a licence under section 1 above authorising the use of any premises as a slaughterhouse or knacker’s yard, and “slaughterhouse licence” and “knacker’s yard licence” shall be construed accordingly;

• “local authority” has the meaning assigned to it by section 27 above and, in relation to any premises or to an application in respect of any premises, means the local authority within whose district the premises are situated;

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “officer” includes servant;

• “slaughterhall” means that part of a slaughterhouse in which the actual slaughtering of any animal or the dressing of carcases takes place;

• “slaughterhouse” means a place for slaughtering animals whose flesh is intended for sale for human consumption, and includes any place available in connection therewith for the confinement of animals while awaiting slaughter there or for keeping, or subjecting to any treatment or process, products of the slaughtering of animals there.

Modifications etc. (not altering text)

C6 Functions of the Minister of Agriculture, Fisheries and Food under Part I of this Act now exercisable by Minister and Secretary of State jointly: S.I. 1978/272, art. 4(1), Sch. 2

C7 S. 34: definition of slaughterhouse applied (25.9.1991) by Agriculture and Forestry (Financial Provisions) Act 1991 (c. 33, SIF 2:2), ss. 2(11), 5(2).

35 Saving for port slaughterhouses and knackers’ yards. E+W

Nothing in this Part of this Act shall apply to any slaughterhouse or knacker’s yard forming part of an imported animals’ wharf or landing place approved by the Minister under the [F23 Animal Health Act 1981] for the purpose of the landing of imported animals.

Textual Amendments

F23 Words substituted by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96, Sch. 5 para. 11(b)

Part II E+W Slaughter of Animals

Modifications etc. (not altering text)

C8 Certain functions of the Minister of Agriculture, Fisheries and Food under Part II of this Act now exercisable (W.) by Secretary of State or Minister and Secretary of State jointly: S.I. 1978/272, art. 2, Sch. 1

Provisions as to slaughter E+W

36 Methods of slaughter in slaughterhouses and knackers’ yards. E+W

(1) Subject to the provisions of this section, no animal to which this section applies shall, in a slaughterhouse or knacker’s yard, be slaughtered otherwise than instantaneously by means of a mechanically-operated instrument in proper repair unless—

(a) by stunning, effected by means of a mechanically-operated instrument or an instrument for stunning by means of electricity, being in either case an instrument in proper repair, it is instantaneously rendered insensible to pain until death supervenes; or

(b) by such other means as may be prescribed by regulations under this section, it is rendered insensible to pain until death supervenes, and there are complied with such conditions (if any) as respects the use of those means as may be so prescribed.

(2) Regulations under this section shall be made by the Minister after consultation with such organisations as may appear to him to represent the interests concerned; and the regulations—

(a) may, if the Minister thinks fit, make different provision as respects different classes of animals to which this section applies and as respects different classes of slaughterhouses or knackers’ yards; and

(b) may make such incidental or consequential provision as may appear to the Minister to be necessary or expedient for the purposes of the regulations, including, in particular, in a case where a condition as respects the use of any means of rendering an animal insensible to pain consists in the giving of any approval to any matter by a local authority, provision for securing a right of appeal to a magistrates’ court against a withholding or withdrawal of approval.

(3) Subsection (1) above shall not apply to the slaughter, without the infliction of unnecessary suffering, of an animal—

(a) by the Jewish method for the food of Jews and by a Jew duly licensed for the purpose by the Rabbinical Commission referred to in Schedule 1 to this Act; or

(b) by the Mohammedan method for the food of Mohammedans and by a Mohammedan.

(4) Any person who slaughters or attempts to slaughter any animal in contravention of subsection (1) above shall be guilty of an offence, unless he proves that by reason of an accident or other emergency the contravention was necessary for preventing physical injury or suffering to any person or animal.

(5) This section applies to horses, cattle, sheep, swine and goats.

Modifications etc. (not altering text)

C9 s. 36 power to transfer functions conferred (3.1.1995) by 1994 c. 40, ss. 31, 82(2), Sch. 9, para. 2(1)(a), 4

37 Methods of slaughter of certain swine otherwise than in slaughterhouses or knackers’ yards. E+W

(1) Subject to subsection (2) below, no swine exceeding twelve weeks in age shall, elsewhere than in a slaughterhouse or knacker’s yard, be slaughtered otherwise than instantaneously by means of a mechanically-operated instrument in proper repair unless by stunning, effected by means of a mechanically-operated instrument or an instrument for stunning by means of electricity, being in either case an instrument in proper repair, it is instantaneously rendered insensible to pain until death supervenes.

(2) Subsection (1) above shall not apply to the slaughter of swine at a laboratory, research station or similar institution if the slaughtering is done for the purposes of the diagnosis of disease or for the purposes of research in connection with the arts of veterinary surgery or medicine.

(3) Any person who slaughters or attempts to slaughter any swine in contravention of subsection (1) above shall be guilty of an offence, unless he proves that by reason of an accident or other emergency the contravention was necessary for preventing physical injury or suffering to any person or animal.

38 Regulations for securing humane conditions of slaughter in slaughterhouses and knackers’ yards. E+W

(1) The Minister may, after consultation with such organisations as appear to him to represent the interests concerned, make such regulations as appear to him to be expedient for securing humane conditions and practices in connection with the slaughter, in slaughterhouses and knackers’ yards, of animals to which section 36 above applies; and such regulations may in particular—

(a) prescribe requirements as to the construction, lay-out and equipment of premises used as slaughterhouses or knackers’ yards;

(b) prescribe conditions to be observed in connection with the confinement and treatment of animals to which section 36 above applies while awaiting slaughter in such premises, and in connection with the slaughter there of such animals.

(2) Regulations under this section may make different provision in relation to different kinds of animals and in relation to premises used for different purposes in connection with the slaughter of animals and may—

(a) so far as they are made for the purposes mentioned in subsection (1)(a) above, be made to apply subject to exceptions or modifications in relation to premises constructed or adapted for use before the date on which the regulations come into force;

(b) in any case be made without applying, or applying subject to exceptions or modifications, in relation to slaughterhouses forming part of an imported animals’ wharf or approved landing place for the purposes of the [F24 Animal Health Act 1981], or applying (with or without exceptions or modifications) only in relation to any such slaughterhouse of that description as may be specified in the regulations;

(c) provide, subject to such limitations and safeguards, if any, as may be specified in the regulations, for the appropriate authority to grant in relation to particular premises, either unconditionally or subject to conditions, exemption from the operation of specific provisions of those regulations where it appears to the authority that compliance with those provisions cannot for the time being reasonably be required with respect to the premises or any activities carried on there;

(d) provide for the regulations to come into force on different days fixed by, or by an order to be made by statutory instrument under, the regulations in respect of different classes or descriptions of premises and different areas, and for different provisions to come into force on different days;

and in paragraph (c) above “appropriate authority”, except in relation to a slaughterhouse provided by a local authority, means a local authority, and in relation to a slaughterhouse so provided means the Minister.

(3) Regulations under this section may make provision corresponding (with or without modifications) with any of the provisions in force immediately before the commencement of the M5 Slaughter of Animals (Amendment) Act 1954, under section 5(1) of the M6 Protection of Animals Act 1911, section 4 of the M7 Slaughter of Animals Act 1933 or section 1 of the M8 Slaughter of Animals (Amendment) Act 1951.

(4) Without prejudice to subsection (3) above, regulations made under this section with respect to horses shall in particular make provision with respect to the matters specified in Schedule 2 to this Act.

(5) Regulations under this section may prescribe penalties for offences against the regulations, not exceeding a fine of [F25 level 3 on the standard scale] or imprisonment for a term of three months or both, and may impose on the occupiers of premises to which the regulations apply responsibility for compliance with any of the provisions of the regulations.

[F26 (5A) Regulations under this section may require occupiers of premises used as slaughterhouses or knackers’ yards to secure that the provisions of regulations under this section are complied with on the premises.]

(6) Where a person convicted of any offence against regulations under this section (including a person so convicted by virtue of [F27 section 44 of the Magistrates’ Courts Act 1980]) is the holder of a licence under section 1 above in respect of the premises where the offence was committed, the court may, in addition to any other punishment, cancel the licence.

Subordinate Legislation Made

P1 S. 38: power exercised by S.I. 1983/688, 689, 1984/1310, 1311, 1990/1242

Textual Amendments

F24 Words substituted by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96, Sch. 5 para. 11(c)

F25 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F26 S. 38(5A) inserted (27.8.1991) by Welfare of Animals at Slaughter Act 1991 (c. 30, SIF 112), ss. 1, 7(2).

F27 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 125

Modifications etc. (not altering text)

C10 S. 38 power to transfer functions conferred (3.1.1995) by 1994 c. 40, ss. 31, 82(2), Sch. 9, para. 2(1)(b), 4

Marginal Citations

M5 1954 c. 59.

M6 1911 c. 27.

M7 1933 c. 39.

M8 1951 c. 49.

Licensing of slaughtermen E+W

39 Slaughtermen to be licensed. E+W

(1) Subject to subsection (2) below, no animal to which section 36 above applies shall be slaughtered or stunned in a slaughterhouse or knacker’s yard by any person except in accordance with a licence granted by a local authority and in force under this section.

(2) Subsection (1) above shall not apply with respect to the slaughter, under the [F28 Animal Health Act 1981], of an animal by an officer of, or a person employed by, the Minister.

(3) Any person who slaughters or stuns, or attempts to slaughter or stun, any animal in contravention of subsection (1) above shall be guilty of an offence, unless he proves that by reason of an accident or other emergency the contravention was necessary for preventing physical injury or suffering to any person or animal.

Textual Amendments

F28 Words substituted by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96, Sch. 5 para. 11(c)

Modifications etc. (not altering text)

C11 S. 39 power to transfer functions conferred (3.1.1995) by 1994 c. 40, ss. 31, 82(2), Sch. 9, paras. 2(1)(c), 4

40 Licences and applications for licences. E+W

(1) A licence under section 39 above (in this section referred to as a “licence”)—

(a) except where it is granted for the purposes of the slaughter of animals by the Jewish method for the food of Jews or the Mohammedan method for the food of Mohammedans, shall specify—

(i) the kinds of animals which may be slaughtered or stunned by the holder of the licence; and

(ii) the types of instruments which may be used by him for slaughtering or stunning any such animal;

(b) may, in such cases as may be prescribed by regulations under this section, be granted or renewed subject to a condition prohibiting the slaughter of any animal in pursuance of the licence except under the supervision of the holder of a licence in force which is not subject to a like condition [F29 or (as the case may be) except under the supervision of a person having such qualifications as may be prescribed by the regulations];

(c) shall be in force for such period not exceeding one year as may be specified in the licence and may be renewed from time to time for a like period at the discretion of the authority by whom it was granted; and

(d) except where it authorises the holder to slaughter or stun horses (whether or not it also authorises him to slaughter or stun other animals), shall be in force not only in the district of the authority by whom it was granted but also in the district of any other local authority.

(2) The Minister may make regulations for [F30 prohibiting the grant or renewal of licences, or of licences of any class, to persons not having such qualifications as may be prescribed by the regulations]; and a licence shall not be granted by a local authority except to a person who has attained the age of 18 years and is, in their opinion, a fit and proper person to hold a licence.

[F31 (2A) Without prejudice to the generality of subsection (2) above, the qualifications that may be prescribed under that subsection include in particular—

(a) training of any description; and

(b) the undergoing of any examination or test;

and different qualifications may be so prescribed in relation to the grant and renewal of licences or of licences of any class.

(2B) Regulations under this section may prescribe the form of a licence and the information to be contained in it.]

(3) A local authority may refuse an application for the grant or renewal of a licence if the applicant has failed to comply with any condition of a licence previously granted to him by that or any other local authority or has been convicted of an offence under—

(a) this Part of this Act or any regulations made under it;

(b) the Slaughter of Animals (Scotland) Acts 1928 to 1954;

(c) the M9 Protection of Animals Act 1911 or the M10 Protection of Animals (Scotland) Act 1912; or

(d) any order made under [F32 paragraphs (a) and (b) of section 7(1), paragraphs (b) to (e) of section 8(1), section 25 and section 37(1) of the Animal Health Act 1981] regulating the transport of animals.

(4) The local authority by whom a licence was granted may revoke it—

(a) if they are satisfied that the holder is no longer a fit and proper person to hold it; or

(b) if by virtue of subsection (3) above they could refuse an application for its renewal.

(5) A local authority may at any time suspend for such period as they may determine the operation within their district of any licence which is in force there, and in particular the operation of any licence held by a person to whom by virtue of subsection (3) above they could refuse the grant or renewal of a licence.

(6) Any person aggrieved by the refusal of a local authority to grant or renew a licence, or by the revocation, or the suspension of the operation, of a licence, may, within one month of intimation of the refusal, revocation or suspension, appeal against it to a magistrates’ court.

(7) Any person applying to a local authority for a licence shall in his application state—

(a) whether he holds a licence granted by any other (and, if so, which) local authority;

(b) whether he has been refused a licence or had a licence revoked or the operation thereof suspended by any other (and, if so, which) local authority; and

(c) whether he has any similar application pending before any other (and, if so, which) local authority.

(8) Any person who knowingly makes a false statement for the purpose of obtaining a licence shall be guilty of an offence.

(9) A local authority may charge [F33 such fees as appear to them to be appropriate for the grant and] for the renewal of a licence.

(10) A licence granted by any local authority shall be produced on demand for inspection by any other local authority within whose district the licence is in force.

Subordinate Legislation Made

P2 S. 40: power exercised by S.I. 1990/1242

Textual Amendments

F29 Words in s. 2(1)(b) added (27.8.1991) by Welfare of Animals at Slaughter Act 1991 (c. 30, SIF 112), ss. 2(2), 7(2).

F30 Words in s. 2(2) substituted (27.8.1991) by Welfare of Animals at Slaughter Act 1991 (c. 30, SIF 112), ss. 2(3), 7(2).

F31 S. 40(2A)(2B) inserted (27.8.1991) by Welfare of Animals at Slaughter Act 1991 (c. 30, SIF 112), ss. 2(4), 7(2).

F32 Words substituted by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96, Sch. 5 para. 11(d)

F33 Words substituted by Local Government Act 1974 (c. 7), Sch. 6 para 26(2)

Modifications etc. (not altering text)

C12 S. 40 power to transfer functions conferred (3.1.1995) by 1994 c. 40, ss. 31, 82(2), Sch. 9, paras. 2(1)(d), 4

Marginal Citations

M9 1911 c. 27.

M10 1912 c. 14.

Enforcement and legal proceedings E+W

F34 41(1). Execution and enforcement Part II. E+W

It shall be the duty of every local authority to execute and enforce in their district the provisions of this Part of this Act and of any regulations made under it.

[F35 (2) In particular, every local authority shall, for the purpose of securing the execution of those provisions, make arrangements for the supervision by persons having such qualifications as may be prescribed by regulations under section 38 above of any premises in their district to which regulations under that section apply.

(3) Arrangements under subsection (2) above shall comply with such directions as the Minister may give from time to time.]

Textual Amendments

F34 S. 41 renumbered as s. 41(1) (27.8.1991) by Welfare of Animals at Slaughter Act 1991 (c. 30, SIF 112), ss. 4(1), 7(2).

F35 S. 41(2)(3) added (27.8.1991) by Welfare of Animals at Slaughter Act 1991 (c. 30, SIF 112), ss. 4(2), 7(2).

Modifications etc. (not altering text)

C13 S. 41 power to transfer functions conferred (3.1.1995) by 1994 c. 40, ss. 31, 82(2), Sch. 9, paras. 2(1)(e), 4

[41A F36 Codes of practice. E+W

(1) The Minister may from time to time, after consultation with such organisations as appear to him to represent the interests concerned—

(a) prepare and issue codes of practice for the purpose of providing practical guidance in respect of any provision of this Part of this Act or regulations under it; and

(b) revise any such code by revoking, varying, amending or adding to the provisions of the code.

(2) A code prepared in pursuance of this section and any alterations proposed to be made on a revision of such a code shall be laid before both Houses of Parliament, and the Minister shall not issue the code or revised code, as the case may be, until after the end of the period of 40 days beginning with the day on which the code or the proposed alterations were so laid.

(3) If, within the period mentioned in subsection (2) above, either House resolves that the code be not issued or the proposed alterations be not made, the Minister shall not issue the code or revised code (without prejudice to his power under that subsection to lay further codes or proposed alterations before Parliament).

(4) For the purposes of subsection (2) above—

(a) where a code or proposed alterations are laid before each House of Parliament on different days, the later day shall be taken to be the day on which the code or the proposed alterations, as the case may be, were laid before both Houses; and

(b) in reckoning any period of 40 days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(5) The Minister shall cause any code issued or revised under this section to be printed and distributed, and may make such arrangements as he thinks fit for its distribution, including causing copies of it to be put on sale to the public at such reasonable price as the Minister may determine.

(6) A failure on the part of any person to follow any guidance contained in a code issued under this section shall not of itself render that person liable to proceedings of any kind.

(7) If, in proceedings against any person for an offence consisting of the contravention of any provision of this Part of this Act or of regulations under it, it is shown that, at any material time, he failed to follow any guidance contained in a code issued under this section, being guidance which was relevant to the provision concerned, that failure may be relied on by the prosecution as tending to establish his guilt.]

Textual Amendments

F36 S. 41A inserted (27.8.1991) by Welfare of Animals at Slaughter Act 1991 (c. 30, SIF 112), ss. 5(1), 7(2).

42 Powers of entry. E+W

(1) Subject to subsection (3) below, at any time when business is, or appears to be, in progress, or is usually carried on, in a slaughterhouse or knacker’s yard, any officer of the Minister, or an officer appointed for the purpose by the local authority within whose district the slaughterhouse or knacker’s yard is situate, may enter it for the purpose of ascertaining whether there is or has been any contravention of this Part of this Act or of any regulations made under it.

(2) Any person who obstructs a person in the exercise of his powers under subsection (1) above shall be guilty of an offence and liable to a fine not exceeding [F37 level 1 on the standard scale].

(3) Subsection (1) above shall not authorise entry into a slaughterhouse or knacker’s yard which for the time being is, or is comprised in, an infected place within the meaning of the [F38 Animal Health Act 1981].

Textual Amendments

F37 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F38 Words substituted by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96, Sch. 5 para. 11(e)

Modifications etc. (not altering text)

C14 S. 42(1) power to transfer functions conferred (3.1.1995) by 1994 c. 40, ss. 31, 82(2), Sch. 9,paras. 2(1)(f), 4

43 Prosecution and punishment of offences. E+W

(1) All offences under this Part of this Act and regulations made under it shall be punishable on summary conviction.

(2) A person guilty of an offence under section 36, 37, 39 or 40 above shall be liable to a fine not exceeding [F39 level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both.

(3) Where a person convicted of any such offence as is mentioned in subsection (2) above (including a person so convicted by virtue of [F40 section 44 of the Magistrates’ Courts Act 1980]) is the holder of a licence under section 1 above in respect of the premises where the offence was committed, the court may, in addition to any other punishment, cancel the licence.

Textual Amendments

F39 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F40 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 125

Supplemental E+W

44 Regulations. E+W

Any regulations under this Part of this Act shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

45 Interpretation of Part II. E+W

In this Part of this Act, unless the context otherwise requires—

• “contravention” in relation to a provision of this Part of this Act or of any regulations made under it, includes a failure to comply with that provision;

• “horse” includes ass and mule;

• “knacker’s yard” means any building, premises or place used in connection with the business of killing animals whose flesh is not intended for sale for human consumption;

• “local authority” means the council of a district or London borough or the Common Council of the City of London;

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “slaughterhouse” means any building, premises or place used in connection with the business of killing animals whose flesh is intended for sale for human consumption.

Part III E+W Miscellaneous and General

46 Consequential and other amendments. E+W

(1) The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments there specified, being amendments consequential upon the provsions of this Act.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

Textual Amendments

F41 S. 46(2) repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 11

Modifications etc. (not altering text)

C15 The text of s. 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

47 Transitional provisions, savings and repeals. E+W

(1) The transitional provisions and savings contained in Schedule 5 to this Act shall have effect.

(2) Subject to the provisions of Schedule 5, the enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3) Nothing in this Act shall be taken as prejudicing the operation of [F42 sections 16(1) and 17(2)(a) of the M11 Interpretation Act 1978] (which [F42 relate] to the effect of repeals).

Textual Amendments

F42 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M11 1978 c. 30.

48 Short title, construction, commencement and extent. E+W

(1) This Act may be cited as the Slaughterhouses Act 1974.

(2) References in this Act to any enactment shall, except in so far as the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment including this Act.

(3) This Act shall come into operation on 1st April 1974.

(4) This Act does not extend to Scotland or to Northern Ireland.

SCHEDULES

Section 36.

SCHEDULE 1 E+W The Rabbinical Commission for the Licensing of Shochetim

Membership E+W

1 The Rabbinical Commission for the licensing of Shochetim (in this Schedule referred to as “the Commission”) shall consist of a permanent chairman and nine other members.

2 The Chief Rabbi of the United Hebrew Congregations of Great Britain and the Commonwealth shall, by virtue of his office, be the permanent chairman of the Commission.

3 Of the members of the Commission other than the permanent chairman—

(a) one, who shall be a vice-chairman, shall be appointed by the Spanish and Portuguese Synagogue (London);

(b) three shall be appointed by the Beth Din appointed by the United Synagogue (London);

(c) two shall be appointed by the Federation of Synagogues (London);

(d) one shall be appointed by the Union of Orthodox Hebrew Congregations (London); and

(e) two shall be appointed by the president for the time being of the London committee of deputies of British Jews to represent provincial congregations.

Supplementary provisions E+W

4 The functions of the Commission shall be exercisable notwithstanding any vacancy amongst the members thereof.

5 The quorum of the Commission shall be four.

SCHEDULE 2 E+W

Particular Matters to be dealt with by Regulations Under Section 38 Relating to Horses E+W

1 Construction, equipment and lay-out of lairages, including provision of racks for fodder and supply of water.

2 Feeding and watering of horses pending slaughter.

3 Construction, equipment and lay-out of premises, rooms or compartments in which the slaughter takes place, and conditions to be observed therein at the time of slaughter.

4 Disposal of blood, offal and refuse.

5 Notices to be given and returns to be made to local authorities by persons carrying on business as slaughterers of horses, and records to be kept by such persons.

Section 46.

SCHEDULE 3 E+W Consequential Amendments

Modifications etc. (not altering text)

C16 The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Textual Amendments

F43 Sch. 3 para. 1 repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 11

2 In section 54(4) of the M12 London Government Act 1963, for the words “the Food and Drugs Act 1955 and the Slaughter of Animals Act 1958” there shall be substituted the words “and the Food and Drugs Act 1955” and for the words “II and III” there shall be substituted the words “and II”.

Marginal Citations

M12 1963 c.33.

3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

Textual Amendments

F44 Sch. 3 para. 3 repealed by Local Government Act 1974 (c. 7), Sch. 8

4 E+W In section 1(2) of the M13 Slaughter of Poultry Act 1967, for the words “the Slaughter of Animals Act 1958” there shall be substituted the words “the Slaughterhouses Act 1974”, and in section 1(4) of that Act for the word “1958” there shall be substituted the word “1974”.

Marginal Citations

M13 1967 c. 24.

5 E+W In section 10(1) of the Firearms Act 1968, for the words “section 3 of the Slaughter of Animals Act 1958” there shall be substituted the words “section 39 of the Slaughterhouses Act 1974”.

6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

F45 Sch. 3 para. 6 repealed by Local Government Act 1974 (c. 7), Sch. 8

F46 F46 SCHEDULE 4 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46 Sch. 4 repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 11

SCHEDULE 5 E+W Transitional Provisions and Savings

1 (1) In so far as anything done or having effect as if done under or in pursuance of any of the enactments repealed by this Act (in this Schedule referred to as “the repealed enactments”) could have been done under or in pursuance of a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if done under or in pursuance of that provision; and anything begun under any of the repealed enactments may be continued under the corresponding provision of this Act as if begun under that provision. E+W

(2) Sub-paragraph (1) above applies in particular to any order, regulation, byelaw, application, determination, decision or agreement made, licence or authorisation granted or renewed, notice, consent or approval given, requirement imposed, warrant issued or inquiry held.

2 E+W Without prejudice to any express amendment made by this Act, where any enactment or document refers, either expressly or by implication, to any of the repealed enactments, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

3 E+W Where any period of time specified in any of the repealed enactments is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run.

4 (1) Nothing in this Act shall affect the repealed enactments in their operation in relation to offences committed before the commencement of this Act. E+W

(2) Where an offence, for the continuance of which a penalty was provided, has been committed under any of the repealed enactments, proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act, in the same manner as if the offence had been committed under the corresponding provision of this Act.

5 E+W Without prejudice to paragraph 1 above, any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or to an event which has occurred, under or for the purposes of or by reference to or in contravention of any of the provisions of this Act shall, except where the context otherwise requires, be construed as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred as the case may be, under or for the purposes of or by reference to or in contravention of the corresponding provisions of the repealed enactments and of the enactments repealed by those enactments.

6 E+W Nothing in this Act shall affect the operation of section 84 of the M14 London Government Act 1963 (supplemental and transitional provision) or section 254 of the M15 Local Government Act 1972 (consequential and supplementary provision) or any order made under either of those sections; and the definitions of “local authority” in sections 27 and 45 above shall have effect—

(a) in relation to any time before 1st April 1965, as if they included a reference to the council of a metropolitan borough; and

(b) in relation to any time before 1st April 1974, as if they included references to the council of a county or non-county borough and to the council of an urban or rural district.

Marginal Citations

M14 1963 c. 33.

M15 1972 c. 70.

7 E+W Nothing in this Act shall affect the operation of section 79 of the Food and Drugs Act 1955 (special provisions as to the compensation payable under a local Act where the use of a slaughterhouse is rendered unlawful by the provision of a public slaughterhouse) in relation to any slaughterhouse the use of which was rendered unlawful before 1st January 1974 (the date on which section 5(3) of the Agriculture (Miscellaneous Provisions) Act 1972 came into force).

Section 47.

SCHEDULE 6 E+W Repeals

Modifications etc. (not altering text)

C17 The text of Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.