Slaughterhouses Act 1974

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41 Execution and enforcement Part II.

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. (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.

41A Codes of practice.

(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.

42 Powers of entry.

(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 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 Animal Health Act 1981.

43 Prosecution and punishment of offences.

(1) All offences under this Part of this Act and regulations made under it shall be punishable on summary conviction. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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; “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 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.

46 Consequential and other amendments.

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relate 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.

SCHEDULE 1

Membership 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 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

Particular Matters to be dealt with by Regulations Under Section 38 Relating to Horses 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.

SCHEDULE 3 Consequential Amendments

Section 46. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In section 1(2) of the 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”. 5 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

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SCHEDULE 5 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. (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 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 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. (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 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 Nothing in this Act shall affect the operation of section 84 of the London Government Act 1963 (supplemental and transitional provision) or section 254 of the 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. 7 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).

SCHEDULE 6 Repeals

Section 47.