Slaughter of Animals (Scotland) Act 1980

1 Power of local authorities to provide public slaughterhouses. S

Subject to sections 3 and 8 of this Act, a local authority may provide and, if they think fit, operate a slaughterhouse and may dispose of any slaughterhouse belonging to them by feu, sale, lease or excambion; and any slaughterhouse so disposed of shall be deemed to be disposed of under Part VI of the M1 Local Government (Scotland) Act 1973.

Marginal Citations

M1 1973 c. 65.

2 Acquisition of land for purposes relating to slaughterhouses. S

(1) A local authority may be authorised by the Secretary of State to purchase compulsorily any land, whether situated within or outside its area, for the purpose of any of their functions under section 1, 3, 4, 5 or 8 of this Act.

(2) In relation to the compulsory purchase of land under this section, the M2 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply as if subsection (1) above had been in force immediately before the commencement of that Act.

Marginal Citations

M2 1947 c. 42.

3 Management of public slaughterhouses. S

(1) A local authority by whom a slaughterhouse has been provided under section 1 of this Act or under any other enactment—

(a) may make charges in respect of the use of the slaughterhouse and in respect of any services provided by them in connection therewith; and

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

(2) In fixing or varying any such charges as aforesaid a local authority shall consult with such persons or organisations as appear to them to be representative of interests substantially affected by such charges.

4 Registration in respect of private slaughterhouses. S

(1) Subject to the provisions of this section and section 5 of this Act, no person other than a local authority shall use any premises as a slaughterhouse for the slaughter of any kind of animal unless he is registered in respect of the premises for that purpose by the local authority.

(2) Any person who contravenes the provisions of subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F1 level 3 on the standard scale] or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

(3) An application for registration under this section in respect of any premises shall be made by the person who proposes to use the premises; and in the case of an application in respect of premises not yet erected, or of premises to be reconstructed, shall be accompanied by plans showing the proposed works.

(4) Subject to the provisions of this section and section 5 of this Act the local authority shall, on an application for registration under this section being duly made by a person in respect of any premises, register that person in respect of the premises; and they shall, upon so registering him, issue to him a certificate to that effect.

(5) A local authority may for the protection of the public health prohibit the slaughter, on any premises in respect of which a person is to be registered in pursuance of this section, of any kind of animal other than that specified in the certificate, relating to those premises, to be issued under subsection (4) above.

Textual Amendments

F1 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

5 Refusal and cancellation of registration in respect of private slaughterhouses. S

(1) Subject to the provisions of this section, if it appears to the local authority in the case of—

(a) an application for registration under section 4 of this Act that in connection with the premises specified in the application;

(b) a registration under that section that in connection with the premises specified, or business carried on in the premises specified, in the registration,

the requirements of any enactment relating to slaughterhouses are not, and are not likely within a reasonable time to be, complied with, the authority shall refuse or as the case may be cancel the registration.

(2) A local authority may for the protection of the public health vary any registration under section 4 of this Act by prohibiting the slaughter on any premises to which the registration relates of any kind of animal other than that which may be specified by the authority.

(3) If the local authority refuse, cancel or vary a registration they shall forthwith give the applicant or the person registered in respect of the premises notice of their decision in the matter; and any such notice shall state the grounds on which the decision is based and the time within which an appeal may be brought in accordance with the provisions of subsection (5) of this section.

(4) An application for registration shall, if not already determined by the local authority, be deemed to have been refused by the authority at the expiry of three months from the date upon which the application was made.

(5) A person aggrieved by a local authority’s decision under this section to refuse, cancel or vary any registration under section 4 of this Act may appeal to the sheriff; and any such appeal shall be disposed of in a summary manner and shall be made within one month from the date on which notice of the said decision was served upon the person desiring to appeal or from the date on which a refusal is, under subsection (4) above, deemed to have been made.

(6) For the purposes of subsection (5) above, any—

(a) prohibition under subsection (5) of section 4 of this Act;

(b) refusal of express authorisation under subsection (1) of section 7 of this Act,

shall be treated as a refusal of a registration under the said section 4.

6 Licensing of knackers’ yards. S

(1) A person carrying on the business of slaughterman or knacker shall not use any premises as a knacker’s yard without a licence from the local authority; and if he does he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F2 level 1 on the standard scale] and the fact that animals (other than asses or mules) have been taken into unlicensed premises shall beprima facieevidence that an offence under this section has been committed.

(2) A licence under this section shall expire on such day in every year as the local authority fix and when a licence is first granted shall expire on the day so fixed which secondly occurs after the grant of the licence; and a fee not exceeding twenty-five pence may be charged for the licence or any renewal thereof.

(3) Not less than twenty-one days before a new licence for any premises is granted under this section, notice of the intention to apply for it shall be advertised as provided in section 32(2) of the M3 Public Health (Scotland) Act 1897 by the local authority in whose area the premises are situated; and any person interested may show cause against the grant or renewal of the licence.

(4) An objection shall not be entertained to the renewal of a licence under this section unless seven days previous notice of the objection has been served on the applicant:

Provided that, on an objection being made of which notice has not been given, the local authority may, if they think it just to do so, direct notice thereof to be served on the applicant, adjourn the question of the renewal to a future date, require the attendance of the applicant on that day, then hear the case and consider the objection as if the said notice had been duly given.

(5) For the purposes of this section a licence shall be deemed to be renewed where a further licence is granted in immediate succession to a prior licence for the same premises.

(6) Where any person has been refused a renewal of a licence under this section, such person may appeal to the Secretary of State against such refusal; and the decision of the Secretary of State shall be final.

Textual Amendments

F2 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

Marginal Citations

M3 1897 c. 38.

7 Further provisions in relation to registration in respect of slaughterhouses and to licensing of knackers’ yards. S

(1) In relation to the use of any premises for or in connection with the slaughter of horses—

(a) a licence granted under section 6 of this Act;

(b) a registration under section 4 of this Act,

shall be of no effect unless expressly authorising the use of the premises for that purpose.

(2) 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—

(a) separate licences may be granted under the said section 6; or

(b) there may, as the case may be, be separate registration under the said section 4,

authorising the use of those premises for those purposes respectively.

(3) A licence under the said section 6 shall not be granted in respect of any premises unless the local authority are satisfied that the requirements of any regulations in force F3 . . . with respect to the construction, lay-out and equipment of premises are complied with or will be complied with before the date on which the licence or renewed licence comes into force in respect of those premises; but nothing in this subsection shall be taken as affecting so much of the said section 6 as confers a right of appeal on a person aggrieved by the refusal of a local authority to renew a licence under that section.

Textual Amendments

F3 Words in s. 7(3) repealed (1.4.1995) by S.I. 1995/731, reg. 28(1), Sch. 13

8 Byelaws as to slaughterhouses. S

(1) A local authority may F4 make byelaws for securing that slaughterhouses are kept in a clean and sanitary condition and are properly managed and conducted.

(2) The Secretary of State shall be the confirming authority as respects byelaws made under subsection (1) above.

(3) If and in so far as a byelaw made under this section is inconsistent with any regulations relating to slaughterhouses or the slaughter of animals therein, the regulations shall prevail.

(4) The repeal by this Act of section 18(1) of the M4 Slaughterhouses Act 1954 (savings) shall not invalidate any byelaw made under any enactment repealed by that Act; and any such byelaw in force at the commencement of this Act shall have effect as if made under this section, and may be amended, varied, revoked or enforced accordingly.

Textual Amendments

F4 Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), ss. 25, 41, Sch. 2 para. 37, Sch. 4

Marginal Citations

M4 1954 c. 42.

9 Securing humane conditions in slaughterhouses and knackers’ yards. S

(1) The Secretary of State may make such regulations as appear to him to be expedient for securing humane conditions and practices in connection with the slaughter of animals at slaughterhouses and knackers’ yards and for securing the proper management of such premises for those purposes; and such regulations may in particular prescribe—

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

(b) conditions to be observed in connection with the confinement and treatment of animals while awaiting slaughter in such premises, and in connection with the slaughter of animals therein.

(2) Regulations made 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, so far as they are made for the purposes mentioned in paragraph (a) of subsection (1) 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.

(3) Regulations made under this section may prescribe penalties for offences against the regulations, not exceeding [F5 a fine of level 3 on the standard scale or imprisonment for a term of six 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.

[F6 (4) Where a person convicted of an offence against regulations made under this section is—

(a) registered in respect of premises under section 4; or

(b) the holder of a licence granted under section 6,

of this Act, the court may, where such registration or licence relates to premises where the offence was committed, in addition to any other penalty cancel the registration or the licence as the case may be.]

[F7 (4) 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.]

Textual Amendments

F5 Words in s. 9(3) substituted (1.4.1995) by S.I. 1995/731, reg. 28(2), Sch. 14, para. 3(2)(a)

F6 S. 9(4) added after subsection (3) (1.4.1995) by S.I. 1995/731, reg. 28(2), Sch. 14, para. 3(2)(b)

F7 S. 9(4) inserted (27.8.1991) by Welfare of Animals at Slaughter Act 1991 (c. 30, SIF 112), ss. 1, 7(2)

Modifications etc. (not altering text)

C1 S. 9 power to transfer functions conferred (3.1.1995) by 1994 c. 40, s. 31, Sch. 9, paras. 3(1)(a), 4

F8 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F8 S. 10 repealed (1.4.1995) by S.I. 1995/731, reg. 28(1), Sch. 13

Modifications etc. (not altering text)

C2 S. 10 power to transfer functions conferred (3.1.1995) by 1994 c. 40, s. 31, Sch. 9, paras. 3(1)(b), 4

F9 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F9 S. 11 repealed (1.4.1995) by S.I. 1995/731, reg. 28(1), Sch. 13

F10 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F10 S. 12 repealed (1.4.1995) by S.I. 1995/731, reg. 28(1), Sch. 13

13 Power of local authority to enter premises. S

(1) Subject to the provisions of this section, any officer of a local authority shall, if he is authorised for the purpose, have a right, on producing if so required some duly authenticated document showing his authority, 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 section 4, or this section, of this Act or of any byelaws made under section 8 of this Act; and

(b) generally for the purpose of the performance by the authority of their functions under sections 4 and 5 of this Act or under such byelaws.

(2) If, by written evidence on oath, a sheriff or justice of the peace is satisfied that there is reasonable ground for entry into any premises for any such purpose as is mentioned in subsection (1) above and that—

(a) admission to the premises has been refused;

(b) such refusal is apprehended;

(c) an application for admission would defeat the object of the entry;

(d) the premises are unoccupied;

(e) the occupier is temporarily absent; or

(f) the case is one of urgency,

the sheriff, or justice of the peace as the case may be, may grant a warrant, which shall continue in force for a period of one month, authorising the local authority by any authorised officer to enter the premises, if need be by force:

Provided that such warrant shall not be granted on any ground mentioned in paragraphs (a) to (c) of this subsection unless the sheriff, or justice of the peace as the case may be, is satisfied either that notice of the intention to apply for a warrant has been given to the occupier or that the giving of such notice would defeat the object of the entry.

(3) An authorised officer entering any premises by virtue of this section, or of a warrant issued thereunder, 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 he shall leave them as effectively secured against unauthorised entry as he found them.

(4) Nothing in this section or in section 14 of this Act shall authorise any person, except with the permission of the local authority under the [F11 Animal Health Act 1981], to enter any premises which for the time being are, or are comprised in, an infected place within the meaning of that Act.

Textual Amendments

F11 Words substituted by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96, Sch. 5 para. 12(a)

14 Further powers of entry. S

(1) Subject to section 13(4) of this Act, an empowered officer shall have a right to enter any slaughterhouse or knackers’ yard, at any time when business is or appears to be in progress or is usually carried on therein, for the purpose of ascertaining whether there is or has been any contravention of F12 . . . any regulations made under section 9 of, F12 . . .this Act.

(2) Any person who refuses to permit an empowered officer to enter any premises which the officer is entitled to enter under subsection (1) above or who obstructs or impedes the officer in the exercise of the officer’s duties under that subsection, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F13 level 1 on the standard scale].

(3) In subsections (1) and (2) above, “empowered officer” means—

(a) any constable;

(b) any officer of the Secretary of State;

(c) any person authorised in writing, or appointed as a veterinary surgeon, by the local authority within whose area the slaughterhouse or knacker’s yard is situated.

(4) The local authority shall have a right to enter any knacker’s yard at any hour between nine o’clock in the morning and six o’clock in the evening, or at any hour when business is in progress or is usually carried on therein, for the purpose of examining whether there is any contravention of—

(i) section 6 of this Act;

(ii) the M5 Public Health (Scotland) Act 1897; or

(iii) any byelaw made under that Act.

Textual Amendments

F12 Words in s. 14(1) repealed (1.4.1995) by S.I. 1995/731, reg. 28(1), Sch. 13

F13 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Modifications etc. (not altering text)

C3 S. 14 power to transfer functions conferred (3.1.1995) by 1994 c. 40, s. 31, Sch. 9, paras. 3(1)(c), 4

Marginal Citations

M5 1897 c. 38.

F14 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F14 S. 15 repealed (1.4.1995) by 1995/731, reg. 28(1), Sch. 13

Modifications etc. (not altering text)

C4 S. 15 power to tranfer functions conferred (3.1.1995) by 1994 c. 40, s. 31, Sch. 9, paras. 3(1)(d), 4

F15 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F15 S. 16 repealed (1.4.1995) by S.I. 1995/731, reg. 28(1), Sch. 13

Modifications etc. (not altering text)

C5 S. 16 power to transfer of functions conferred (3.1.1995) by 1994 c. 40, s. 31, Sch. 9, paras. 3(1)(e), 4

17 Employment of slaughtermen by local authority. S

Any local authority who have provided or established a slaughterhouse may, if they think fit, employ persons to slaughter or stun animals F16 . . . and may make such charges as they consider reasonable for the services of the persons so employed.

Textual Amendments

F16 Words in s. 17 repealed (1.4.1995) by S.I. 1995/731, reg. 28(1), Sch. 13

F17 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F17 S. 18 repealed (1.4.1995) by S.I. 1995/731, reg. 28(1), Sch. 13

19 Enforcement. S

(1) It shall be the duty of every local authority to execute and enforce within their area the provisions of—[F18 sections 7 and 14, and any regulations made under section 9],of this Act; but this subsection shall not be construed as authorising a local authority to institute proceedings for any offence.

[F19 (1A) In particular, every local authority shall, for the purpose of securing the execution of the provisions mentioned in subsection (1) above (other than section 7), make arrangements for the supervision by persons having such qualifications as may be prescribed by regulations under section 9 of this Act of any premises in their area to which regulations under that section apply.

(1B) Arrangements under subsection (1A) above shall comply with such directions as the Secretary of State may give from time to time.]

(2) For the purposes of any regulations made under [F20 section 16 of the Food Safety Act 1990] (regulations as to food hygiene) in respect of any premises to which the provisions mentioned in subsection (1)(i) above apply, the provisions of [F20 section 32 of the said Act of 1990] (power to enter premises) shall apply in relation to an authorised officer of the Secretary of State as they apply in relation to an authorised officer of the local authority who are empowered to enforce those regulations so far as they apply to such premises.

Textual Amendments

F18 Words in s. 19(1), substituted (1.4.1995) by S.I. 1995/731, reg. 28(2), Sch. 14, para. 3(3)

F19 S. 19(1A)(1B) inserted (27.8.1991) by Welfare of Animals at Slaughter Act 1991 (c. 30, SIF 112) , ss. 4(2) , 7(2)

F20 Words substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2) , s. 59(1) , Sch. 3 para. 23

Modifications etc. (not altering text)

C6 S. 19 power to transfer functions conferred (3.1.1995) 1994 c. 40 , s. 31 , Sch. 9 , paras. 3(1)(f) , 4

[F21 19A Codes of practice. S

(1) The Secretary of State 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—

(i) any of sections 9, [F22 13 and 14]of this Act; or

(ii) regulations made under [F22 section 9 of this Act]; 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 Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State 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—

(a) any of sections 9, [F23 13 and 14] of this Act; or

(b) regulations made under [F23 section 9 of this Act];

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

F21 S. 19A inserted (27.8.1991) by Welfare of Animals at Slaughter Act 1991 (c. 30, SIF 112), ss. 5(2), 7(2)

F22 Words in s. 19A(1) substituted (1.4.1995) by S.I. 1995/731, reg. 28(2), Sch. 14, para. 3(4)(a)

F23 Words in s. 19A(7) substituted (1.4.1995) by S.I. 1995/731, reg. 28(2), Sch. 14, para. 3(4)(b)

20 Regulations. S

[F24 The] power to make regulations under section 9 F25 . . . of this Act shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F24 Word in s. 20 substituted (1.4.1995) by S.I. 1995/731, reg. 28(2), Sch. 14, para. 3(5)

F25 Words in s. 20 repealed (1.4.1995) by S.I. 1995/731, reg. 28(1), Sch. 13

21 Defraying of certain expenses. S

A local authority owning a slaughterhouse may, if they so determine, defray out of the funds from which such slaughterhouse is maintained any expenses incurred by them in the exercise of their powers under section 14 F26 . . . 17 of this Act.

Textual Amendments

F26 Words in s. 21 repealed (1.4.1995) by S.I. 1995/731, reg. 28(1), Sch. 13

22 Interpretation. S

In this Act, unless the context otherwise requires—

• “animal” means any description of cattle, sheep, goat, swine or horse;

• “constable” has the same meaning as in the M6 Police (Scotland) Act 1967;

• “enactment” includes an enactment contained in a local Act and any order, regulation or other instrument having effect by virtue of an Act;

• “grant”, in relation to a licence, includes renew or, as the case may be, renewal;

• “horse” includes ass and mule;

• [F27 “knacker’s yard” means any premises used in connection with the business of slaughtering, flaying or cutting up animals the flesh of which is not intended for human consumption; and “knacker” means a person whose business it is to carry out such slaughtering, flaying or cutting up]

• “local authority” means an islands or district council;

• “premises”, except in section 6, means a building or any part thereof and any forecourts, yards and places of storage used in connection therewith; and in section 6 has the same meaning as in the M7 Public Health (Scotland) Act 1897;

• [F28 F29 “slaughterhouse” means a place for slaughtering animals, the flesh of which is intended for human consumption, and includes any place available in connection with such a place for the confinement of animals while awaiting slaughter there or keeping , or subjecting to any treatment or process, products of the slaughtering of animals there; and “slaughterman” means a person whose business it is to carry out such slaughtering]

Textual Amendments

F27 Definition substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 24(a)

F28 Definition substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 24(b)

F29 In s. 22: 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)

Marginal Citations

M6 1967 c. 77.

M7 1897 c. 38.

23 Consequential amendments. S

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

Modifications etc. (not altering text)

C7 The text of s. 23 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.

24 Transitional provisions, savings and repeals. S

(1) The transitional provisions and savings contained in Schedule 2 to this Act shall have effect.

(2) Subject to the provisions of the said Schedule 2, the enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of the said Schedule 3.

(3) Nothing in this Act shall be taken as prejudicing the operation of sections 16 and 17 of the M8 Interpretation Act 1978 (which relate to the effect of repeals).

Marginal Citations

M8 1978 c. 30.

25 Citation and extent. S

(1) This Act may be cited as the Slaughter of Animals (Scotland) Act 1980.

(2) This Act extends to Scotland only.