SCHEDULES

SCHEDULE 9 Slaughterhouses and Knackers’ Yards: Uniting of Enforcement Functions

Powers to transfer enforcement functions to agriculture Ministers

C11

F31

This paragraph applies to the following provisions of M1 the Slaughter of Poultry Act 1967—

a

section 3 (power to make regulations for securing humane conditions of slaughter),

b

section 4 (power to authorise persons to exercise rights of entry), and

c

section 6 (duty to execute and enforce the provisions of that Act and of regulations under section 3 of that Act).

2

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly may by regulations provide for any functions under a provision to which this paragraph applies, so far as exercisable by local authorities, to be transferred—

a

so far as exercisable by local authorities in England, to the Minister of Agriculture, Fisheries and Food, and

b

so far as exercisable by local authorities in Scotland or Wales, to the Secretary of State.

2

F41

This paragraph applies to the following provisions of the Slaughterhouses M2Act 1974—

F1a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

section 38 (power to make regulations for securing humane conditions of slaughter),

F1c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

section 41 (duty to execute and enforce the provisions of, and of regulations under, Part II of that Act), and

f

section 42(1) (power to appoint persons for the purpose of exercising powers of entry).

2

The Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly may by regulations provide for any functions under a provision to which this paragraph applies, so far as exercisable by local authorities, to be transferred—

a

so far as exercisable by local authorities in England, to the Minister of Agriculture, Fisheries and Food, and

b

so far as exercisable by local authorities in Wales, to the Secretary of State.

3

1

This paragraph applies to the following provisions of M3the Slaughter of Animals (Scotland) Act 1980 (which correspond to the provisions to which paragraph 2 above applies)—

a

section 9,

F2b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

section 14(3)(c),

F2d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

section 19(1).

2

The Secretary of State may by regulations provide for any functions under a provision to which this paragraph applies, so far as exercisable by local authorities, to be transferred to the Secretary of State.

4

No functions under the Slaughterhouses M4Act 1974 or the Slaughter of Animals (Scotland) Act 1980 relating to knackers’ yards (within the meaning of the Act concerned) shall be transferred under this Schedule unless the transferee has, in relation to the yards to which the transferred functions relate, functions with respect to the enforcement of law relating to animal health.

5

F51

Regulations under paragraph 1(2), 2(2) or 3(2) above may contain such supplemental, incidental, consequential and transitional provisions and savings as the authority making the regulations considers appropriate and may, in particular, contain such amendments or repeals of any enactment or subordinate legislation (within the meaning of M5 the Interpretation Act 1978) as that authority considers appropriate in consequence of a transfer of functions under that sub-paragraph.

2

The power to make regulations under paragraph 1(2), 2(2) or 3(2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.