C4C5C10C8C9C7C6C11Part 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

C11

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

Licensing of private slaughterhouses and knackers’ yards

F241 Slaughterhouses and knackers’ yards to be licensed.

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

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

F254 Knacker’s yard licences and applications for such licences.

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F265 Notification of refusal of licence.

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F276 Appeals against refusal of licence.

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F357 Right to continue to use premises pending appeal.

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F378 Effect of court’s decision.

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F369 Duration of licences.

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F2810 Temporary continuance of licence on death.

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Regulation of private slaughterhouses and knackers’ yards

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

F2912 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

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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 F9F34the Welfare of Animals (Slaughter or Killing) Regulations 1995F34the Welfare of Animals at the Time of Killing Regulations 2014 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, . . . 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

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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; F12. . .

c

as respects any district F13in England, the council of the district F14and.

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

. . . F15

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.

F3029 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 F16Acquisition of Land Act 1981 shall apply . . . F17.

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);

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  • 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);

  • F19sections 322, 324, 325 (default powers in relation to functions of councils); and

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

F3133 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;

  • F33...

  • “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; F20and, 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;

  • F33...

  • F33...

  • F33...

  • “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;

  • F21. . .

  • 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 F22. . . knacker’s yard forming part of an imported animals’ wharf or landing place approved by the Minister under the F23Animal Health Act 1981 for the purpose of the landing of imported animals.