Deregulation and Contracting Out Act 1994

Powers to transfer enforcement functions to agriculture Ministers

1 (1) This paragraph applies to the following provisions of the [1967 c. 24.] 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 (1) This paragraph applies to the following provisions of the [1974 c. 3.] Slaughterhouses Act 1974—

(a) section 36 (power to make regulations with respect to additional means of rendering animals insensible to pain until death supervenes),

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

(c) section 39 (function of granting licences for slaughtermen),

(d) section 40 (other functions with respect to licences for slaughtermen),

(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 the [1980 c. 13.] Slaughter of Animals (Scotland) Act 1980 (which correspond to the provisions to which paragraph 2 above applies)—

(a) section 9,

(b) section 10,

(c) section 14(3)(c),

(d) section 15,

(e) section 16, and

(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 Act 1974 or the [1974 c. 3.] 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 (1) 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 the [1978 c. 30.] 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.