Practical application of plea bargaining for the type and the severity of the criminal sanctions in the first year of the application of the new Law on Criminal Procedure. Legal analysis

It shall be an offence—

Licences under this section (in this Part of this Act referred to as " licences") shall be granted by the local authority, subject to and in accordance with the provisions of this Part.

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, separate licences may be granted authorising the use of those premises for the purposes of the confinement and the slaughter respectively.

In relation to the use of any premises for or in connection with the slaughter of horses, a licence shall be of no effect unless it expressly authorises the use of the premises for that purpose.

Where a local authority receive from the occupier of, or a person proposing to occupy, any premises an application for the grant or renewal of a licence authorising him to occupy those premises as a slaughterhouse, then, subject to the following provisions of this section and to sections 3 and 6 below, the authority—

The requirements referred to in subsection (1)(a) above are the requirements relating to slaughterhouses—

The reference in subsection (2)(c) above to the requirements of construction regulations under section 38 below shall, in relation to an application which does not state expressly that it is for a slaughterhouse licence containing an authorisation in respect of horses under section 1(4) above, be construed as excluding such of those requirements as relate only to horses; but any licence granted or renewed in pursuance of such an application shall not contain such an authorisation.

A local authority shall not grant or renew a slaughterhouse licence until an officer of the authority has inspected the premises named in the application and has made a report on those premises.

A local authority may require a person who applies for the grant or renewal of a slaughterhouse licence to give to them, before his application is considered, information as to any other licence in respect of a slaughterhouse or knacker's yard which he holds or has held, either in their district or in the district of another local authority; and if an applicant who is so required gives the authority any information which is false in a material respect, he shall be guilty of an offence.

The Minister may by regulations— and each local authority shall make any such records or copies thereof available during reasonable hours at some convenient place or places in their district for inspection by any person without charge.

Regulations under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Where— then, subject to section 6 below, the authority shall refuse the application forthwith unless they are satisfied that, if the licence is granted or renewed, no part of that building within the curtilage of those premises will be used as a dwelling at any time while the licence is in force.

This section applies to any application—

In subsection (2) above " new ", in relation to a slaughterhouse licence, means in respect of premises in respect of which such a licence was not in force at, or at any time less than 12 months before, the date when the application for the licence was made.

Where a local authority receive from the occupier of, or a person proposing to occupy, any premises an application for the grant or renewal of a licence authorising him to occupy those premises as a knacker's yard, then, subject to subsections (3) and (4) below, the authority may grant or, as the case may be, renew the licence.

Without prejudice to subsection (1) above and subject to section 6 below, a local authority may refuse to grant or, as the case may be, renew a knacker's yard licence in respect of any premises if they are not satisfied that the requirements relating to knackers' yards— are complied with in respect of those premises, or will be complied with before the date on which the licence or renewed licence conies into force.

Subject to section 6 below, a local authority shall refuse to grant or, as the case may be, renew a knacker's yard licence in respect of any premises unless they are satisfied that the requirements relating to knackers' yards of construction regulations under section 38 below are complied with in respect of those premises, or will be complied with before the date on which the licence or renewed licence comes into force.

A local authority shall not grant or renew a knacker's yard licence until an officer of the authority has inspected the premises named in the application and has made a report on those premises.

A local authority may require a person who applies for the grant or renewal of a knacker's yard licence to give to them, before his application is considered, information as to any other licence in respect of a slaughterhouse or knacker's yard which he holds or has held, either in their district or in the district of another local authority; and if an applicant who is so required gives the authority any information which is false in a material respect, he shall be guilty of an offence.

If a local authority refuse to grant or renew a licence, they shall forthwith give notice to the applicant of their decision in the matter, and a statement of the grounds on which that decision was based shall—

Every notice under subsection (1) above shall state the right of appeal to a magistrates' court for which provision is made by section 6(1) below and the time within which such an appeal may be brought.

For the purposes of this section and sections 6 and 7 below, a refusal by a local authority— shall be treated as a refusal to grant or, as the case may be, as a refusal to renew a licence.

A person aggrieved by the refusal of a local authority to grant or renew a licence may appeal to a magistrates' court, and that court may—

The procedure on an appeal to a magistrates' court under subsection (1) above shall be by way of complaint for an order, and the Magistrates' Courts Act 1952 shall apply to the proceedings.

The time within which such an appeal may be brought shall be 21 days from the date on which notice of the authority's refusal was served upon the person desiring to appeal, and for the purpose of this subsection the making of the complaint shall be deemed to be the bringing of the appeal.

A person aggrieved by an order, determination or other decision of a magistrates' court under subsection (1) above may appeal to the Crown Court.

Where a slaughterhouse licence is in force in respect of any premises, then, subject to subsection (2) below, if any person causes or permits to be used as a dwelling any part of a building which contains a slaughterhall, being a part within the curtilage of those premises, he shall be guilty of an offence.

Subsection (1) above shall not apply if the part of the building in question has been appropriated as a dwelling continuously since before 1st August 1958 and no application to which section 3 above applies has been made in respect of the premises since that date.

If a person convicted of an offence under subsection (1) above is the holder of a slaughterhouse licence in respect of the premises in question, the court may, in addition to any other punishment, cancel the licence.

The provisions of section 7 above with respect to the right to continue to use premises shall also apply where the decision of a court cancelling a slaughterhouse licence under subsection (3) above makes it unlawful for a person to use as a slaughterhouse any premises which he was lawfully using for that purpose before the decision of the court was given.

A local authority may, and shall if so required by the Minister, make byelaws—

Nothing in Part II of this Act shall be construed as restricting any power to make byelaws under paragraph (a) of subsection (1) above; but, in so far as any byelaws under that subsection conflict with regulations under section 13 of the Food and Drugs Act 1955, the regulations shall prevail.

The confirming authority in respect of any byelaws under this section shall be the Minister.

If a person convicted of an offence against any byelaw made under this section holds a licence in respect of the premises where the act was committed, the court may, in addition to any other punishment, cancel the licence.

The occupier of a slaughterhouse or knacker's yard in respect of which a licence is in force shall display in a conspicuous position on the premises a legible notice with the words " Licensed Slaughterhouse " or " Licensed Knacker's Yard ", as the case may be.

A person who fails to comply with the provisions of this section shall be liable to a fine not exceeding £10.

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

Subject to the provisions of this section, a local authority may provide public slaughterhouses.

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.

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— and references in this Part of this Act to a local authority providing a slaughterhouse shall be construed accordingly.

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.

Nothing in section 14 above shall apply in relation to a public slaughterhouse provided by a local authority.

A local authority who have provided a public slaughterhouse—

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.

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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.

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.

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

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.

A local authority who intend to apply for the approval of the Minister under subsection (1) above shall, at least one month before making the application, give notice of their intention by advertisement in one or more local newspapers circulating in their district, and, where the consent of the local authority of another district is required, in one or more local newspapers circulating in that district.

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The Minister shall consider any objection to the authority's proposals which he may receive within four weeks after the publication of the advertisement from any person appearing to him to be interested, and, in the event of any such objection being received and not withdrawn, shall cause a local inquiry to be held.

Subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply in relation to a local inquiry under subsection (4) above as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.

Subject to the provisions of this section, an authorised officer of a council shall, on producing, if so required, some duly authenticated document snowing his authority, have a right to enter any premises at all reasonable hours— but admission to any premises used only as a private dwelling-house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.

If a justice of the peace, on sworn information in writing,— the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise the council by any authorised officer to enter the premises, if need be by force.

An authorised officer entering any premises by virtue of this section, or of a warrant issued under it, 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 shall leave them as effectively secured against trespassers as he found them.

If any person who, in compliance with the provisions of this section, or of a warrant issued under it, is admitted into a factory or workplace discloses to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be liable to a fine not exceeding £100 or to imprisonment for a term not exceeding three months.

Nothing in this section shall authorise any person, except with the permission of the local authority under the Diseases of Animals Act 1950, to enter any cowshed or other place in which an animal affected with any disease to which that Act applies is kept and which is situated in a place declared under that Act to be infected with such a disease.

In this section " authorised officer", in relation to a council, means an officer of the council authorised by them in writing, either generally or specially, to act in matters of any specified kind or in any specified matter.

A person who wilfully obstructs any person acting in the execution of this Part of this Act, or of any byelaw or warrant made or issued under it, shall be liable—

A person who— shall be liable to a fine not exceeding £20; but nothing in this subsection shall be construed as requiring a person to answer any question or give any information, if to do so might incriminate him.

All offences under this Part of this Act and byelaws made under it shall be punishable on summary conviction.

A person guilty of an offence under this Part of this Act shall, unless a special punishment for that offence is provided by this Part, be liable—

Where an offence under this Part of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In subsection (1) above " director", in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

A person against whom proceedings are brought under this Part of this Act shall, upon information duly laid by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have any person to whose act or default he alleges that the contravention of the provisions in question was due brought before the court in the proceedings ; and if, after the contravention has been proved,—

Where a defendant seeks to avail himself of the provisions of subsection (1) above—

Where it appears to the authority concerned that an offence has been committed in respect of which proceedings might be taken under this Part of this Act against some person and the authority are reasonably satisfied that the offence of which complaint is made was due to an act or default of some other person and that the first-mentioned person could establish a defence under subsection (1) above, they may cause proceedings to be taken against that other person without first causing proceedings to be taken against the first-mentioned person.

In any proceedings taken by virtue of subsection (3) above the defendant may be charged with, and, on proof that the contravention was due to his act or default, be convicted of, the offence with which the person first mentioned in that subsection might have been charged.

An officer of a council shall not be personally liable in respect of any act done by him in the execution or purported execution of this Part of this Act and within the scope of his employment, if he did that act in the honest belief that his duty under this Part required or entitled him to do it; but nothing in this subsection shall be construed as relieving a council from any liability in respect of acts of their officers.

Where an action has been brought against an officer of a council in respect of an act done by him in the execution or purported execution of this Part of this Act and the circumstances are such that he is not legally entitled to require the council to indemnify him, the council may, nevertheless, indemnify him against the whole or a part of any damages and costs which he may have been ordered to pay or may have incurred, if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under this Part of this Act required or entitled him to do it

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 Public Health Act 1936.

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

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.

Subsections (2) to (5) of section 250 of the Local 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.

The supplementary provisions of the Public 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—

The provisions of the Public Health Act 1936 referred to in subsection (1) above are— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 283 (notices to be in writing; forms of notices etc.); section 284 (authentication of documents); section 285 (service of notices); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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); sections 322, 324, 325 (default powers in relation to functions of councils); and section 328 (powers of Act to be cumulative).

Her Majesty may by Order in Council provide for the application to the Crown of such of the provisions of this Part of this Act and of any regulations made under it as may be specified in the Order, with such exceptions, adaptations and modifications as may be so specified.

Without prejudice to the generality of subsection (1) above, an Order in Council under this section may make special provision for the enforcement of any provisions applied by the Order, and, where any such provision imposes a liability on a person by reason that he is the occupier of premises, the Order may make provision for determining, in a case where the premises are occupied by the Crown, the person who is to be treated as so liable.

Any Order in Council under this section—

Subject to the provisions of this section, no animal to which this section applies shall, in a slaughterhouse or knacker's yard, be slaughtered otherwise than- instantaneously by means of a mechanically-operated instrument in proper repair unless—

Regulations under this section shall be made by the Minister after consultation with such organisations as appear to him to represent the interests concerned; and the regulations—

Subsection (1) above shall not apply to the slaughter, without the infliction of unnecessary suffering, of an animal—

Any person who slaughters or attempts to slaughter any animal in contravention of subsection (1) above shall be guilty of an offence, unless he proves that by reason of an accident or other emergency the contravention was necessary for preventing physical injury or suffering to any person or animal.

This section applies to horses, cattle, sheep, swine and goats.

Subject to subsection (2) below, no swine exceeding twelve weeks in age shall, elsewhere than in a slaughterhouse or knacker's yard, be slaughtered otherwise than instantaneously by means of a mechanically-operated instrument in proper repair unless by stunning, effected by means of a mechanically-operated instrument or an instrument for stunning by means of electricity, being in either case an instrument in proper repair, it is instantaneously rendered insensible to pain until death supervenes.

Subsection (1) above shall not apply to the slaughter of swine at a laboratory, research station or similar institution if the slaughtering is done for the purposes of the diagnosis of disease or for the purposes of research in connection with the arts of veterinary surgery or medicine.

Any person who slaughters or attempts to slaughter any swine in contravention of subsection (1) above shall be guilty of an offence, unless he proves that by reason of an accident or other emergency the contravention was necessary for preventing physical injury or suffering to any person or animal.

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 horses, cattle, sheep, swine or goats; and such regulations may in particular—

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— 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.

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 Slaughter of Animals (Amendment) Act 1954, under section 5(1) of the Protection of Animals Act 1911, section 4 of the Slaughter of Animals Act 1933 or section 1 of the Slaughter of Animals (Amendment) Act 1951.

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

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.

Where a person convicted of any offence against regulations under this section (including a person so convicted by virtue of section 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.

Subject to subsection (2) below, no animal to which section 36 above applies shall be slaughtered or stunned in a slaughterhouse or knacker's yard by any person except in accordance with a licence granted by a local authority and in force under this section.

Subsection (1) above shall not apply with respect to the slaughter, under the Diseases of Animals Act 1950, of an animal by an officer of, or a person employed by, the Minister.

Any person who slaughters or stuns, or attempts to slaughter or stun, any animal in contravention of subsection (1) above shall be guilty of an offence, unless he proves that by reason of an accident or other emergency the contravention was necessary for preventing physical injury or suffering to any person or animal.

A licence under section 39 above (in this section referred to as a " licence ")—

The Minister may make regulations for prescribing qualifications for holding licences, or licences of any class, and for prohibiting the grant or renewal of licences to persons not having the prescribed qualifications; and a licence shall not be granted by a local authority except to a person who has attained the age of 18 years and is, in their opinion, a fit and proper person to hold a licence.

A local authority may refuse an application for the grant or renewal of a licence if the applicant has failed to comply with any condition of a licence previously granted to him by that or any other local authority or has been convicted of an offence under—

The local authority by whom a licence was granted may revoke it—

A local authority may at any time suspend for such period as they may determine the operation within their district of any licence which is in force there, and in particular the operation of any licence held by a person to whom by virtue of subsection (3) above they could refuse the grant or renewal of a licence.

Any person aggrieved by the refusal of a local authority to grant or renew a licence, or by the revocation, or the suspension of the operation, of a licence, may, within one month of intimation of the refusal, revocation or suspension, appeal against it to a magistrates' court.

Any person applying to a local authority for a licence shall in his application state—

Any person who knowingly makes a false statement for the purpose of obtaining a licence shall be guilty of an offence.

A local authority may charge a fee not exceeding 10p for the grant of a licence and a fee not exceeding 5p for the renewal of a licence.

A licence granted by any local authority shall be produced on demand for inspection by any other local authority within whose district the licence is in force.

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.

Arrangements under subsection (2) above shall comply with such directions as the Minister may give from time to time.

The Minister may from time to time, after consultation with such organisations as appear to him to represent the interests concerned—

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.

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).

For the purposes of subsection (2) above—

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.

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.

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.

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.

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.

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.

All offences under this Part of this Act and regulations made under it shall be punishable on summary conviction.

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It shall be an offence—

Licences under this section (in this Part of this Act referred to as " licences") shall be granted by the local authority, subject to and in accordance with the provisions of this Part.

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, separate licences may be granted authorising the use of those premises for the purposes of the confinement and the slaughter respectively.

In relation to the use of any premises for or in connection with the slaughter of horses, a licence shall be of no effect unless it expressly authorises the use of the premises for that purpose.

Where a local authority receive from the occupier of, or a person proposing to occupy, any premises an application for the grant or renewal of a licence authorising him to occupy those premises as a slaughterhouse, then, subject to the following provisions of this section and to sections 3 and 6 below, the authority—

The requirements referred to in subsection (1)(a) above are the requirements relating to slaughterhouses—

The reference in subsection (2)(c) above to the requirements of construction regulations under section 38 below shall, in relation to an application which does not state expressly that it is for a slaughterhouse licence containing an authorisation in respect of horses under section 1(4) above, be construed as excluding such of those requirements as relate only to horses; but any licence granted or renewed in pursuance of such an application shall not contain such an authorisation.

A local authority shall not grant or renew a slaughterhouse licence until an officer of the authority has inspected the premises named in the application and has made a report on those premises.

A local authority may require a person who applies for the grant or renewal of a slaughterhouse licence to give to them, before his application is considered, information as to any other licence in respect of a slaughterhouse or knacker's yard which he holds or has held, either in their district or in the district of another local authority; and if an applicant who is so required gives the authority any information which is false in a material respect, he shall be guilty of an offence.

The Minister may by regulations— and each local authority shall make any such records or copies thereof available during reasonable hours at some convenient place or places in their district for inspection by any person without charge.

Regulations under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Where— then, subject to section 6 below, the authority shall refuse the application forthwith unless they are satisfied that, if the licence is granted or renewed, no part of that building within the curtilage of those premises will be used as a dwelling at any time while the licence is in force.

This section applies to any application—

In subsection (2) above " new ", in relation to a slaughterhouse licence, means in respect of premises in respect of which such a licence was not in force at, or at any time less than 12 months before, the date when the application for the licence was made.

Where a local authority receive from the occupier of, or a person proposing to occupy, any premises an application for the grant or renewal of a licence authorising him to occupy those premises as a knacker's yard, then, subject to subsections (3) and (4) below, the authority may grant or, as the case may be, renew the licence.

Without prejudice to subsection (1) above and subject to section 6 below, a local authority may refuse to grant or, as the case may be, renew a knacker's yard licence in respect of any premises if they are not satisfied that the requirements relating to knackers' yards— are complied with in respect of those premises, or will be complied with before the date on which the licence or renewed licence conies into force.

Subject to section 6 below, a local authority shall refuse to grant or, as the case may be, renew a knacker's yard licence in respect of any premises unless they are satisfied that the requirements relating to knackers' yards of construction regulations under section 38 below are complied with in respect of those premises, or will be complied with before the date on which the licence or renewed licence comes into force.

A local authority shall not grant or renew a knacker's yard licence until an officer of the authority has inspected the premises named in the application and has made a report on those premises.

A local authority may require a person who applies for the grant or renewal of a knacker's yard licence to give to them, before his application is considered, information as to any other licence in respect of a slaughterhouse or knacker's yard which he holds or has held, either in their district or in the district of another local authority; and if an applicant who is so required gives the authority any information which is false in a material respect, he shall be guilty of an offence.

If a local authority refuse to grant or renew a licence, they shall forthwith give notice to the applicant of their decision in the matter, and a statement of the grounds on which that decision was based shall—

Every notice under subsection (1) above shall state the right of appeal to a magistrates' court for which provision is made by section 6(1) below and the time within which such an appeal may be brought.

For the purposes of this section and sections 6 and 7 below, a refusal by a local authority— shall be treated as a refusal to grant or, as the case may be, as a refusal to renew a licence.

A person aggrieved by the refusal of a local authority to grant or renew a licence may appeal to a magistrates' court, and that court may—

The procedure on an appeal to a magistrates' court under subsection (1) above shall be by way of complaint for an order, and the Magistrates' Courts Act 1952 shall apply to the proceedings.

The time within which such an appeal may be brought shall be 21 days from the date on which notice of the authority's refusal was served upon the person desiring to appeal, and for the purpose of this subsection the making of the complaint shall be deemed to be the bringing of the appeal.

A person aggrieved by an order, determination or other decision of a magistrates' court under subsection (1) above may appeal to the Crown Court.

Where a slaughterhouse licence is in force in respect of any premises, then, subject to subsection (2) below, if any person causes or permits to be used as a dwelling any part of a building which contains a slaughterhall, being a part within the curtilage of those premises, he shall be guilty of an offence.

Subsection (1) above shall not apply if the part of the building in question has been appropriated as a dwelling continuously since before 1st August 1958 and no application to which section 3 above applies has been made in respect of the premises since that date.

If a person convicted of an offence under subsection (1) above is the holder of a slaughterhouse licence in respect of the premises in question, the court may, in addition to any other punishment, cancel the licence.

The provisions of section 7 above with respect to the right to continue to use premises shall also apply where the decision of a court cancelling a slaughterhouse licence under subsection (3) above makes it unlawful for a person to use as a slaughterhouse any premises which he was lawfully using for that purpose before the decision of the court was given.

A local authority may, and shall if so required by the Minister, make byelaws—

Nothing in Part II of this Act shall be construed as restricting any power to make byelaws under paragraph (a) of subsection (1) above; but, in so far as any byelaws under that subsection conflict with regulations under section 13 of the Food and Drugs Act 1955, the regulations shall prevail.

The confirming authority in respect of any byelaws under this section shall be the Minister.

If a person convicted of an offence against any byelaw made under this section holds a licence in respect of the premises where the act was committed, the court may, in addition to any other punishment, cancel the licence.

The occupier of a slaughterhouse or knacker's yard in respect of which a licence is in force shall display in a conspicuous position on the premises a legible notice with the words " Licensed Slaughterhouse " or " Licensed Knacker's Yard ", as the case may be.

A person who fails to comply with the provisions of this section shall be liable to a fine not exceeding £10.

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

Subject to the provisions of this section, a local authority may provide public slaughterhouses.

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.

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— and references in this Part of this Act to a local authority providing a slaughterhouse shall be construed accordingly.

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.

Nothing in section 14 above shall apply in relation to a public slaughterhouse provided by a local authority.

A local authority who have provided a public slaughterhouse—

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.

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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.

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.

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

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.

A local authority who intend to apply for the approval of the Minister under subsection (1) above shall, at least one month before making the application, give notice of their intention by advertisement in one or more local newspapers circulating in their district, and, where the consent of the local authority of another district is required, in one or more local newspapers circulating in that district.

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The Minister shall consider any objection to the authority's proposals which he may receive within four weeks after the publication of the advertisement from any person appearing to him to be interested, and, in the event of any such objection being received and not withdrawn, shall cause a local inquiry to be held.

Subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply in relation to a local inquiry under subsection (4) above as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.

Subject to the provisions of this section, an authorised officer of a council shall, on producing, if so required, some duly authenticated document snowing his authority, have a right to enter any premises at all reasonable hours— but admission to any premises used only as a private dwelling-house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.

If a justice of the peace, on sworn information in writing,— the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise the council by any authorised officer to enter the premises, if need be by force.

An authorised officer entering any premises by virtue of this section, or of a warrant issued under it, 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 shall leave them as effectively secured against trespassers as he found them.

If any person who, in compliance with the provisions of this section, or of a warrant issued under it, is admitted into a factory or workplace discloses to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be liable to a fine not exceeding £100 or to imprisonment for a term not exceeding three months.

Nothing in this section shall authorise any person, except with the permission of the local authority under the Diseases of Animals Act 1950, to enter any cowshed or other place in which an animal affected with any disease to which that Act applies is kept and which is situated in a place declared under that Act to be infected with such a disease.

In this section " authorised officer", in relation to a council, means an officer of the council authorised by them in writing, either generally or specially, to act in matters of any specified kind or in any specified matter.

A person who wilfully obstructs any person acting in the execution of this Part of this Act, or of any byelaw or warrant made or issued under it, shall be liable—

A person who— shall be liable to a fine not exceeding £20; but nothing in this subsection shall be construed as requiring a person to answer any question or give any information, if to do so might incriminate him.

All offences under this Part of this Act and byelaws made under it shall be punishable on summary conviction.

A person guilty of an offence under this Part of this Act shall, unless a special punishment for that offence is provided by this Part, be liable—

Where an offence under this Part of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In subsection (1) above " director", in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

A person against whom proceedings are brought under this Part of this Act shall, upon information duly laid by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have any person to whose act or default he alleges that the contravention of the provisions in question was due brought before the court in the proceedings ; and if, after the contravention has been proved,—

Where a defendant seeks to avail himself of the provisions of subsection (1) above—

Where it appears to the authority concerned that an offence has been committed in respect of which proceedings might be taken under this Part of this Act against some person and the authority are reasonably satisfied that the offence of which complaint is made was due to an act or default of some other person and that the first-mentioned person could establish a defence under subsection (1) above, they may cause proceedings to be taken against that other person without first causing proceedings to be taken against the first-mentioned person.

In any proceedings taken by virtue of subsection (3) above the defendant may be charged with, and, on proof that the contravention was due to his act or default, be convicted of, the offence with which the person first mentioned in that subsection might have been charged.

An officer of a council shall not be personally liable in respect of any act done by him in the execution or purported execution of this Part of this Act and within the scope of his employment, if he did that act in the honest belief that his duty under this Part required or entitled him to do it; but nothing in this subsection shall be construed as relieving a council from any liability in respect of acts of their officers.

Where an action has been brought against an officer of a council in respect of an act done by him in the execution or purported execution of this Part of this Act and the circumstances are such that he is not legally entitled to require the council to indemnify him, the council may, nevertheless, indemnify him against the whole or a part of any damages and costs which he may have been ordered to pay or may have incurred, if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under this Part of this Act required or entitled him to do it

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 Public Health Act 1936.

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

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.

Subsections (2) to (5) of section 250 of the Local 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.

The supplementary provisions of the Public 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—

The provisions of the Public Health Act 1936 referred to in subsection (1) above are— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 283 (notices to be in writing; forms of notices etc.); section 284 (authentication of documents); section 285 (service of notices); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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); sections 322, 324, 325 (default powers in relation to functions of councils); and section 328 (powers of Act to be cumulative).

Her Majesty may by Order in Council provide for the application to the Crown of such of the provisions of this Part of this Act and of any regulations made under it as may be specified in the Order, with such exceptions, adaptations and modifications as may be so specified.

Without prejudice to the generality of subsection (1) above, an Order in Council under this section may make special provision for the enforcement of any provisions applied by the Order, and, where any such provision imposes a liability on a person by reason that he is the occupier of premises, the Order may make provision for determining, in a case where the premises are occupied by the Crown, the person who is to be treated as so liable.

Any Order in Council under this section—

Subject to the provisions of this section, no animal to which this section applies shall, in a slaughterhouse or knacker's yard, be slaughtered otherwise than- instantaneously by means of a mechanically-operated instrument in proper repair unless—

Regulations under this section shall be made by the Minister after consultation with such organisations as appear to him to represent the interests concerned; and the regulations—

Subsection (1) above shall not apply to the slaughter, without the infliction of unnecessary suffering, of an animal—

Any person who slaughters or attempts to slaughter any animal in contravention of subsection (1) above shall be guilty of an offence, unless he proves that by reason of an accident or other emergency the contravention was necessary for preventing physical injury or suffering to any person or animal.

This section applies to horses, cattle, sheep, swine and goats.

Subject to subsection (2) below, no swine exceeding twelve weeks in age shall, elsewhere than in a slaughterhouse or knacker's yard, be slaughtered otherwise than instantaneously by means of a mechanically-operated instrument in proper repair unless by stunning, effected by means of a mechanically-operated instrument or an instrument for stunning by means of electricity, being in either case an instrument in proper repair, it is instantaneously rendered insensible to pain until death supervenes.

Subsection (1) above shall not apply to the slaughter of swine at a laboratory, research station or similar institution if the slaughtering is done for the purposes of the diagnosis of disease or for the purposes of research in connection with the arts of veterinary surgery or medicine.

Any person who slaughters or attempts to slaughter any swine in contravention of subsection (1) above shall be guilty of an offence, unless he proves that by reason of an accident or other emergency the contravention was necessary for preventing physical injury or suffering to any person or animal.

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 horses, cattle, sheep, swine or goats; and such regulations may in particular—

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— 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.

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 Slaughter of Animals (Amendment) Act 1954, under section 5(1) of the Protection of Animals Act 1911, section 4 of the Slaughter of Animals Act 1933 or section 1 of the Slaughter of Animals (Amendment) Act 1951.

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

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.

Where a person convicted of any offence against regulations under this section (including a person so convicted by virtue of section 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.

Subject to subsection (2) below, no animal to which section 36 above applies shall be slaughtered or stunned in a slaughterhouse or knacker's yard by any person except in accordance with a licence granted by a local authority and in force under this section.

Subsection (1) above shall not apply with respect to the slaughter, under the Diseases of Animals Act 1950, of an animal by an officer of, or a person employed by, the Minister.

Any person who slaughters or stuns, or attempts to slaughter or stun, any animal in contravention of subsection (1) above shall be guilty of an offence, unless he proves that by reason of an accident or other emergency the contravention was necessary for preventing physical injury or suffering to any person or animal.

A licence under section 39 above (in this section referred to as a " licence ")—

The Minister may make regulations for prescribing qualifications for holding licences, or licences of any class, and for prohibiting the grant or renewal of licences to persons not having the prescribed qualifications; and a licence shall not be granted by a local authority except to a person who has attained the age of 18 years and is, in their opinion, a fit and proper person to hold a licence.

A local authority may refuse an application for the grant or renewal of a licence if the applicant has failed to comply with any condition of a licence previously granted to him by that or any other local authority or has been convicted of an offence under—

The local authority by whom a licence was granted may revoke it—

A local authority may at any time suspend for such period as they may determine the operation within their district of any licence which is in force there, and in particular the operation of any licence held by a person to whom by virtue of subsection (3) above they could refuse the grant or renewal of a licence.

Any person aggrieved by the refusal of a local authority to grant or renew a licence, or by the revocation, or the suspension of the operation, of a licence, may, within one month of intimation of the refusal, revocation or suspension, appeal against it to a magistrates' court.

Any person applying to a local authority for a licence shall in his application state—

Any person who knowingly makes a false statement for the purpose of obtaining a licence shall be guilty of an offence.

A local authority may charge a fee not exceeding 10p for the grant of a licence and a fee not exceeding 5p for the renewal of a licence.

A licence granted by any local authority shall be produced on demand for inspection by any other local authority within whose district the licence is in force.

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.

Arrangements under subsection (2) above shall comply with such directions as the Minister may give from time to time.

The Minister may from time to time, after consultation with such organisations as appear to him to represent the interests concerned—

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.

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).

For the purposes of subsection (2) above—

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.

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.

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.

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.

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.

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.

All offences under this Part of this Act and regulations made under it shall be punishable on summary conviction.

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