The Fresh Meat (Hygiene and Inspection) Regulations 1992

Control of times of slaughter, cutting up and admission or despatch of animals or products from premises

12.—(1) Subject to the provisions of this regulation a local authority may—

(a) determine the days on which, and the hours in those days between which—

(i) animals may be admitted to, or slaughtered in, any slaughterhouse or farmed game handling facility; and

(ii) where this is considered necessary to protect public health

(aa) the bodies of farmed game may be admitted to a farmed game processing facility;

(bb) fresh meat may be admitted to, or despatched from, any premises;

(cc) fresh meat may be cut up in any cutting premises; and

(b) vary the days and hours so determined.

(2) In determining, or varying, the days or hours referred to in paragraph (1) above a local authority shall have regard to—

(a) the need to secure adequate inspection and supervision for the purposes of these Regulations;

(b) the need to provide for continuous inspection for the purposes of these Regulations where this is necessary to maintain the flow of production and to avoid disruption of essential trade requirements; and

(c) the need to avoid demands on that authority’s resources which are dispropor tionate to the size of the business conducted at the premises in question.

(3) Before determining, or varying, the times of operations in any premises under paragraph (1) above the local authority shall consult the occupier of those premises or any other person who operates the premises with the occupier’s consent.

(4) The local authority shall give written notice of any determination or variation of the times of operation to the occupier of those premises and to any other person who has been consulted in accordance with paragraph (3) above.

(5) Any such determination or variation shall have effect in accordance with paragraph (10) below at the expiration of one month, beginning with the date of the said notice, unless an objection is made under paragraph (6) below before the determination or variation to which it relates has come into effect.

(6) A person who has been given notice in accordance with the provisions of paragraph (4) above may make objection to the local authority in writing that in determining or varying the times of operation at any premises the authority have not had proper regard to the factors set out in paragraph (2) above, or that due to a change of circumstance the authority should vary in accordance with those factors the times of operation previously determined or varied by them, whereupon the local authority shall reconsider the determination or variation having regard to those factors.

(7) The local authority shall give written notice of any further determination or variation or, where there is none, of their decision to maintain their previous determination or variation to the occupier of the premises concerned, and to any other person who operates the premises with the occupier’s consent.

(8) Any such further determination or variation or any such decision shall not have effect in accordance with paragraph (10) below or at all before the expiration of 21 days beginning with the date of the said notice and, where an appeal is made to a magistrates' court or, in Scotland, to the sheriff under paragraph (9) below, before the further determination or variation or decision to which it relates has come into effect, that further determination or variation or decision shall continue not to have effect until the expiration of fourteen days beginning with the date of the dismissal by the magistrates' court or, in Scotland, the sheriff of that appeal.

(9) A person who has been given notice in accordance with paragraph (7) above may appeal to a magistrates' court or, in Scotland, to the sheriff on the ground that in determining or varying, or in refusing to vary, the times of operation at any premises, the local authority have not had proper regard to the factors set out in paragraph (2) above.

(10) Subject to paragraph (11) below, so long as any notice of determination or variation is in effect, the licence in respect of the slaughterhouse or farmed game handling facility shall be treated as being altered by the addition of the requirements specified in that notice and the other provisions of the licence shall be subject to those requirements.

(11) The provisions of paragraph (10) above shall not apply in relation to any animal whose immediate slaughter is necessary by reason of any injury, or other emergency affecting that animal or by reason of the provisions of regulation 21 of the Slaughter of Animals (Humane Conditions) Regulations 1990, or regulation 11 of the Slaughter of Animals (Humane Conditions) (Scotland) Regulations 1990.