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3.—(1) Subject to sub-paragraph (3), no person shall slaughter, or cause or permit to be slaughtered, any bovine animal in a slaughterhouse by a religious method unless the animal is in an upright position in a restraining pen which has been approved by the Department and which the Department is satisfied has been installed in such a manner as to ensure that it will operate efficiently.
(2) The Department may, for the purposes of sub-paragraph (1), give its approval to a restraining pen, but it shall not give any such approval unless it is satisfied that the pen is of such a size and design, and is able to be so operated, as to protect a bovine animal from any avoidable pain, suffering, agitation, injuries or contusions while confined in it or while entering it and, in particular, unless it is satisfied that the pen—
(a)contains an effective means of restraining any bovine animal confined in it (including a suitable head restraint for that purpose); and
(b)contains means of support which will take the weight of the animal during and following slaughter in it.
(3) Sub-paragraphs (1) and (2) shall not apply where the bovine animal is stunned, or stunned and pithed, before slaughter, but in such cases any bovine animal shall be restrained before stunning in accordance with paragraph 3(a) of Schedule 4.
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