C4C11C16C14C15C13C12C17C18C19Part I Slaughterhouses and Knackers’ Yards

Annotations:
Modifications etc. (not altering text)
C4

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

C17

Pt. I applied (with modifications) (E.) (24.3.2011) by Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Schs. 2

C18

Pt. I Functions transferred and modified (E.) (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C19

Pt. I functions etc. assigned to the port health authority and modified (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

Licensing of private slaughterhouses and knackers’ yards

F431 Slaughterhouses and knackers’ yards to be licensed.

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F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F444 Knacker’s yard licences and applications for such licences.

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F455 Notification of refusal of licence.

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F466 Appeals against refusal of licence.

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F547 Right to continue to use premises pending appeal.

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F568 Effect of court’s decision.

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F559 Duration of licences.

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F4710 Temporary continuance of licence on death.

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Regulation of private slaughterhouses and knackers’ yards

F311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4812 Byelaws about slaughterhouses and knackers’ yards.

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F413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction of private slaughterhouses

14 Restriction of slaughterhouses only by agreement.

F5(1) 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.

F62

In this section, “slaughterhouse licence” means a licence issued under regulations made by virtue of section 19(1)(b) of the Food Safety Act 1990 for the use of any premises as a slaughterhouse

Provision and management of public slaughterhouses

15 Power to provide public slaughterhouses.

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 F7section 14 above shall apply in relation to a public slaughterhouse provided by a local authority.

16 Management of public slaughterhouses.

1

A local authority who have provided a public slaughterhouse—

C1F8a

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

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, F53in accordance with the Welfare of Animals at the Time of Killing (England) Regulations 2015 or the Welfare of Animals at the Time of Killing (Wales) Regulations 2014, horses (including hinnies, asses and mules), cattle, sheep, swine or goats;

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.

F83

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F84

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17 Charges in respect of public slaughterhouses.

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.

1

Subject to the provisions of this section, a local authority who have provided, or are about to provide, a public slaughterhouse, may, . . . F9, 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

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Miscellaneous and supplemental

27 Local authorities for purposes of Part I.

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; F11. . .

c

as respects any district F12in England, the council of the district F13and.

d

as respects any county or county borough in Wales, the council of the county or county borough.

28 Port health authorities and joint boards.

Orders made by the Secretary of State—

a

. . . F14

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.

F4929 Protection for local government officers acting in good faith.

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30 Power of compulsory purchase of land.

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 M1Public Health Act 1936.

2

In relation to the compulsory purchase of land under this section, the F15Acquisition of Land Act 1981 shall apply . . . F16.

31 Local inquiries.

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 M2Local 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.

32 Incorporation of certain provisions of Public Health Act 1936.

1

The supplementary provisions of the M3Public 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 M4Public Health Act 1936 referred to in subsection (1) above are—

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

  • section 284 (authentication of documents);

  • section 285 (service of notices);

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

  • 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);

  • F18sections 322, 324, 325 (default powers in relation to functions of councils); and

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

F5033 Application to Crown.

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34 Interpretation of Part I.

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

  • “animal” does not include bird or fish;

  • F52...

  • “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; F19and, in relation to—

    1. a

      a local authority who are the council of a Welsh county or county borough, and

    2. b

      the officers of such an authority,

    means that county or county borough;

  • “functions” includes powers and duties;

  • F52...

  • F52...

  • F52...

  • “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;

  • C2“the Minister” means the Minister of Agriculture, Fisheries and Food;

  • “officer” includes servant;

  • F20. . .

  • C3“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.

35 Saving for port slaughterhouses and knackers’ yards.

Nothing in this Part of this Act shall apply to any F21. . . knacker’s yard forming part of an imported animals’ wharf or landing place approved by the Minister under the F22Animal Health Act 1981 for the purpose of the landing of imported animals.

C9Part II Slaughter of Animals

Annotations:
Modifications etc. (not altering text)
C9

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

F23C536. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2437. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

P1C638 Regulations for securing humane conditions of slaughter in slaughterhouses and knackers’ yards.

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 F25horses, cattle, sheep, swine or goats; 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 F25horses, cattle, sheep, swine or goats 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 F26Animal 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 M5Slaughter of Animals (Amendment) Act 1954, under section 5(1) of the M6Protection of Animals Act 1911, section 4 of the M7Slaughter of Animals Act 1933 or section 1 of the M8Slaughter of Animals (Amendment) Act 1951.

F274

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5

Regulations under this section may prescribe penalties for offences against the regulations, not exceeding a fine of F28level 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.

F295A

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 F30section 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.

Licensing of slaughtermen

F3139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplemental

44 Regulations.

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.

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;

  • F39“district”, in relation to a local authority who are the council of a Welsh county or county borough, means that county or county borough;

  • “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 F40 of a Welsh county or county borough orof 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 Miscellaneous and General

46 Consequential and other amendments. C10

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

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C10

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.

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 F42sections 16(1) and 17(2)(a) of the M9Interpretation Act 1978 (which F42relate to the effect of repeals).

48 Short title, construction, commencement and extent.

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.