Slaughter of Animals, Act, 1935

/static/images/base/harp.jpg


Number 45 of 1935.


SLAUGHTER OF ANIMALS ACT, 1935.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title and commencement.

2.

Definitions.

3.

Area of application.

4.

Application to county health districts.

5.

Enforcement of Act by sanitary authorities.

6.

Duties of veterinary officers.

7.

Prosecution of offences.

8.

Expenses.

9.

Powers of Gárda Síochána and sanitary officers.

10.

Amendment of section 128 of the Towns Improvement Clauses Act, 1847.

11.

Public Inquiries.

PART II.

Treatment of Animals in Slaughter-Houses.

12 .

Supply of water and food to animals in slaughter-houses.

13.

Prohibition of slaughter in sight of another animal.

14.

Prohibition of slaughter causing excessive suffering.

15.

Compulsory use of approved instrument for slaughter of animals.

16.

Approved instruments for slaughter of animals.

17.

General defence of special circumstances.

18.

Persons liable in respect of offences.

PART III.

Slaughter Licences.

19 .

Prohibition of slaughtering without licence.

20.

Application for slaughter licences.

21.

Issue of slaughter licences.

22.

Commencement and duration of slaughter licences.

23.

Renewal of slaughter licences.

24.

Fees on issue of slaughter licences.

25.

Issue of duplicate slaughter licences.

26.

Revocation of slaughter licences by sanitary authority.

27.

Appeal against refusal or revocation of slaughter licence.

28.

Revocation of slaughter licences by the Court.

29.

Surrender of slaughter licence on revocation.

30.

Offences in relation to slaughter licences.

31.

Regulations.


Act Referred to

Local Government Act, 1925

No. 5 of 1925

/static/images/base/harp.jpg


Number 45 of 1935.


SLAUGHTER OF ANIMALS ACT, 1935.


AN ACT TO MAKE PROVISION FOR SECURING THE MORE HUMANE TREATMENT OF ANIMALS IN SLAUGHTER-HOUSES AND TO MAKE FURTHER AND BETTER PROVISION IN RELATION GENERALLY TO THE SLAUGHTER OF ANIMALS. [12th December, 1935.]

BE IT ENACTED BY THE OIREACHTAS OF SAORST?T EIREANN AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and commencement.

1.—(1) This Act may be cited as the Slaughter of Animals Act, 1935.

(2) This Act shall come into operation on such day or days as the Minister shall by order fix in that behalf, and the Minister may so fix different days for the coming into operation of this Act in the county borough of Dublin and the borough of Dún Laoghaire and in the remainder of Saorstát Eireann respectively.

Definitions.

2.—(1) In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the expression “sanitary authority” means the sanitary authority under the Public Health Acts, 1878 to 1931, for the area in respect of which the expression is used;

the expression “board of health” includes both a board of public health and a board of health and public assistance;

the word “animal” includes only cattle, sheep, goats, pigs, horses, asses and mules.

(2) All buildings and other places used for the slaughter of animals either for sale or for conversion into products for sale (including buildings and other places commonly called “slaughter-houses” or “knackers' yards”) and no other places shall be slaughter-houses for the purposes and within the meaning of this Act and, subject to the provisions of the next following sub-section of this section, the word “slaughter-house” shall be construed accordingly in this Act.

(3) A building or other place situate on a farm shall not be a slaughter-house for the purposes or within the meaning of this Act merely by reason of the fact that such place is used for the occasional slaughter of animals kept on such farm, provided such slaughter is incidental to the proper management and working of such farm and the slaughter of animals is not the principal or only occupation of the occupier of such farm.

Area of application.

3.—This Act shall apply to and have effect in every county borough, borough, and urban district, and also to and in every, if any, county health district or particular portion of a county health district to which an order made by the Minister under this Part of this Act conferring on a board of health the power of regulating the slaughter of animals for the time being applies.

Application to county health districts.

4.—(1) The Minister may, if and whenever he thinks proper, by order confer on the board of health of a specified county health district power to regulate the slaughter of animals in such county health district or in a specified portion thereof.

(2) Whenever an order made by the Minister under the foregoing sub-section of this section is in force, the following provisions shall have effect, that is to say:—

(a) sections 125 to 131 of the Towns Improvement Clauses Act, 1847, shall apply and have effect in relation to the county health district or the specified portion of a county health district (as the case may be) to which the said order under this section applies, but with the following modifications, that is to say:—

(i) references in the said sections to commissioners shall be construed and have effect as references to the board of health of such county health district, and

(ii) references in the said sections to the limits of the special Act shall be construed and have effect as references to the said county health district or specified portion of a county health district (as the case may be), and

(iii) references in the said sections to the time of the passing of the special Act, shall, in the application of those sections to a town having commissioners under the Towns Improvement (Ireland) Act, 1854 , be construed and have effect as references to the date on which the said Towns Improvement (Ireland) Act, 1854 , was adopted in such town, and shall, in the application of the said sections to an area in which there is in force an order under section 1 of the Public Health (Ireland) Act, 1896 , investing the rural sanitary authority in such area with the powers given to an urban sanitary authority by section 105 of the Public Health (Ireland) Act, 1878 , for the purposes of regulating slaughter-houses within their district, be construed and have effect as references to the date on which the said order under the said section 1 came into force in the said area, and shall, in every other case be construed and have effect as references to the date of the said order under this section;

(b) sections 29 , 30 , and 31 of the Public Health Acts Amendment Act, 1890 , shall, as from the date of the said order under this section, apply and have effect in relation to the county health district or the specified portion of a county health district (as the case may be) to which such order relates as if such county health district or portion of a county health district were an urban sanitary district and the board of health of such county health district were the urban authority for such urban sanitary district;

(c) the board of health of the county health district to which or to portion of which the said order under this section applies shall, in addition and without prejudice to the power to make bye-laws conferred by the said sections 125 to 131 of the Towns Improvement Clauses Act, 1847, have power to make bye-laws in respect of the whole or any portion of the said area to which the said order under this section applies for securing the decent and seemly conveyance of meat through public thorough-fares, for the inspection of meat to be sold for human consumption, and for prohibiting the sale for human consumption of meat which has not been inspected in accordance with such bye-laws;

(d) sections 219 to 223 of the Public Health (Ireland) Act, 1878 , shall apply to every bye-law made by a board of health under this sub-section in like manner as they apply to bye-laws made under that Act;

(e) immediately upon the coming into operation of the said order under this section, the powers under the said sections 125 to 131 of the Towns Improvement Clauses Act, 1847, (as incorporated or applied by the Towns Improvement (Ireland) Act, 1854 ) then vested in the commissioners under the Towns Improvement (Ireland) Act, 1854 , of any town (having such commissioners) situate in the county health district or the specified portion of a county health district (as the case may be) to which the said order under this section applies shall terminate and cease to be exercisable by such commissioners;

(f) immediately upon the coming into operation of the said order under this section, any powers in relation to slaughter-houses then vested, by virtue of an order under section 1 of the Public Health (Ireland) Act, 1896 , in the board of health of the county health district to which or to a specified portion of which the said order under this section applies shall terminate and cease to be exercisable in respect of slaughter-houses within the area to which the said order under this section applies.

(3) The Minister may at any time by order amend any order previously made by him under this section, including an order made under this sub-section.

Enforcement of Act by sanitary authorities.

5.—(1) It shall be the duty of every sanitary authority of an area in which this Act has effect to exercise the powers vested in them by this Act and to carry out and enforce the provisions of this Act in such area.

(2) Whenever a sanitary authority fails or neglects to perform the duty or any portion of the duty imposed upon such authority by this section, the Minister may make such order in relation to such sanitary authority as he shall think necessary or proper for the purpose of compelling such sanitary authority to perform such duty.

(3) An order made by the Minister under this section, may, without prejudice to the exercise, in respect of the sanitary authority to which such order relates, of the powers conferred on the Minister by section 72 of the Local Government Act, 1925 (No. 5 of 1925), be enforced by proceedings in the nature of mandamus at the suit of the Minister.

Duties of veterinary officers.

6.—Every veterinary officer, appointed under section 11 of the Public Health (Ireland) Act, 1878 , as amended by Section 22 of the Local Government Act, 1925 (No. 5 of 1925), by a sanitary authority charged with the duty of carrying out and enforcing the provisions of this Act, shall perform in the functional area of such sanitary authority or in the portion of such area in which this Act has effect such duties in relation to the carrying out and enforcing the provisions of this Act as shall from time to time be assigned to him by the Minister or by such sanitary authority with the consent of the Minister.

Prosecution of offences.

7.—Every offence under any section of this Act may be prosecuted by or at the suit of the sanitary authority within whose functional area such offence was committed.

Expenses.

8.—(1) All expenses incurred by the Minister or the Minister for Agriculture in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) All expenses incurred by a sanitary authority in carrying out and enforcing the provisions of this Act shall be raised and defrayed in the manner in which expenses incurred by such sanitary authority under the Public Health Acts, 1878 to 1931, are raised and defrayed.

(3) Expenses incurred by a board of health in carrying out and enforcing the provisions of this Act shall, where this Act has effect in the whole of the county health district of such board of health, be charged equally over the whole of such district and, where this Act has effect in portion only of such county health district, be charged equally over the whole of such portion of such district.

Powers of Gárda Síochána and sanitary officers.

9.—(1) Any member of the Gárda Síochána may enter any slaughter-house situate in an area in which this Act has effect whenever any animal is being slaughtered or any carcase is being dressed therein or at any other reasonable time, and any officer (duly authorised in this behalf) of a sanitary authority in whose functional area or any part of whose functional area this Act has effect may at any such time as aforesaid enter any slaughter-house situate in such area or such part thereof (as the case may be) and such member or such officer may do in such slaughter-house all or any of the following things, that is to say:—

(a) inspect such slaughter-house and the plant, appliances, and equipment therein and all animals and carcases of animals in such slaughter house;

(b) observe all or any of the processes used in the business carried on in such slaughter-house;

(c) demand from the occupier or the person for the time being in charge of such slaughter-house the name and address of the person by whom any animal is about to be or is being or was slaughtered in such slaughter-house;

(d) demand of any person in such slaughter-house whether he does or does not hold a slaughter licence and, if such person states that he holds a slaughter licence, demand of him the production of such licence or, if such person states that he does not hold a slaughter licence demand of him his name and address.

(2) Whenever any officer (duly authorised in this behalf) of a sanitary authority in whose functional area or any part of whose functional area this Act has effect or any member of the Gárda Síochána suspects or believes that, at any time after the commencement of this Act in such area or such part thereof (as the case may be) an animal was slaughtered by a particular person in such area or such part thereof, such officer or member may at any time and in any place demand of such person whether he did or did not hold a slaughter licence at the time of the said slaughter of such animal and, if such person states that he did hold a slaughter licence at that time, demand of him the production of such licence or, if such person states that he did not hold a slaughter licence at that time, demand of him his name and address.

(3) Every person who obstructs or interferes with a member of the Gárda Síochána or an officer of a sanitary authority in the exercise of a power conferred on him by this section, or who fails or refuses to comply with a demand made to him under this section by any such member or officer, or who, in pretended compliance with any such demand, makes a statement which is to his knowledge false or misleading in a material respect, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) Whenever any person, on demand being made of him under this section by a member of the Gárda Síochána or by an officer of a sanitary authority, refuses or fails to state whether he does or does not hold a slaughter licence at the time of the making of such demand or refuses or fails to produce a slaughter licence which he states to be then held by him, such refusal or failure (as the case may be) shall be evidence until the contrary is proved, that such person did not hold a slaughter licence at the time when such demand was so made of him.

(5) Whenever any person, on demand being made of him under this section by a member of the Gárda Síochána or by an officer of a sanitary authority, refuses or fails to state whether he did or did not hold a slaughter licence at a time specified by such member or officer in such demand or refuses or fails to produce a slaughter licence which such person states he held at the said time so specified, such refusal or failure (as the case may be) shall be evidence, until the contrary is proved, that such person did not hold a slaughter licence at the said time so specified.

(6) For the purposes of this section a person shall not be deemed to comply with a demand made under this section for production of a slaughter licence unless he allows the member of the Gárda Síochána or the officer of a sanitary authority making such demand to read, inspect, and examine such licence for a reasonable time.

Amendment of section 128 of the Towns Improvement Clauses Act, 1847.

10.—Section 128 of the Towns Improvement Clauses Act, 1847, shall be and is hereby amended by the deletion therefrom of the words “the sum of ten shillings” and the insertion therein of the words “the sum of two pounds” in lieu of the words so deleted, and the said section shall be construed and have effect accordingly for all purposes, including the purposes of any Act or order wherewith or whereby the said section has been or shall be incorporated or applied.

Public Inquiries.

11.—(1) Where any power is conferred on the Minister by this Act the Minister may, if he so thinks fit, before exercising such power on any particular occasion hold a public inquiry into the matters which would be the subject of such exercise of such power.

(2) Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every public inquiry held under this section in like manner as the said Article applies in respect of the local inquiries mentioned therein.

PART II.

Treatment of Animals in Slaughter-Houses.

Supply of water and food to animals in slaughter-houses.

12.—(1) It shall be the duty of every occupier of a slaughter-house—

(a) to provide a sufficient quantity of wholesome drinking water for the use of the animals in such slaughter-house, and

(b) to supply to every animal which is kept in such slaughter-house for any period exceeding one hour a sufficient quantity of wholesome drinking water, and

(c) to supply to every animal which is kept in such slaughter-house for any period exceeding twenty-four hours a quantity of suitable and wholesome food sufficient to satisfy the reasonable requirements of such animal.

(2) Every person who fails or neglects to do anything which it is his duty under this section to do shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Prohibition of slaughter in sight of another animal.

13.—(1) No person shall slaughter any animal in a slaughter-house in such place, position, or other circumstances that such slaughter can be seen by any other animal.

(2) Every person who slaughters an animal in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Prohibition of slaughter causing excessive suffering.

14.—(1) It shall not be lawful for any person to slaughter an animal in a slaughter-house in any manner or by any means which causes any unnecessary, avoidable, or excessive pain or suffering to such animal.

(2) Every person who slaughters an animal in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent such offence, to a fine not exceeding twenty-five pounds.

Compulsory use of approved instrument for slaughter of animals.

15.—(1) Subject to the provisions of this section, no person shall in a slaughter-house, slaughter or render unconscious for the purpose of slaughter an animal of any particular kind by any means or in any manner otherwise than by means of an instrument which is an approved instrument in relation to animals of that particular kind and is in good working order and is used in the approved manner.

(2) Nothing in this section shall apply to or render unlawful—

(a) the slaughter of any animal for consumption as food by Jews, where such slaughter is carried out according to the Jewish method by a Jew who is for the time being approved in that behalf by the Chief Rabbi of the Irish Free State for the time being or in his absence by the Board of Shechita of the Jewish Community of Dublin,

or

(b) the slaughter of any animal for consumption as food by Mahommedans, where such slaughter is carried out according to the Mahommedan method by a Mahommedan, or

(c) the slaughter of any animal by any means in the course of an inquiry, investigation, or experiment made by direction of the Minister for Agriculture under this Part of this Act.

(3) Every person who slaughters or renders unconscious any animal in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding ten pounds, and in the case of a second or any subsequent such offence, to a fine not exceeding twenty-five pounds.

(4) Where a person is charged with having committed an offence under this section and the act alleged to constitute such offence consisted of the slaughtering or rendering unconscious for the purpose of slaughter of an animal otherwise than by means of an approved instrument, it shall be a good defence to such charge for such person to show—

(a) that an approved instrument which would normally have been available for such slaughter or rendering unconscious of such animal had ceased (without any neglect or default on the part of such person or, where such person is not the owner of such instrument, such owner or of any servant or agent of such person or such owner) to be in good order and repair, and

(b) that immediately upon the defective condition of such instrument being detected by or brought to the notice of such person or such owner (as the case may be), he took all proper steps to have such instrument put into good working order or to obtain a new approved instrument in lieu thereof, and

(c) that no other approved instrument was reasonably obtainable for the purpose of the said slaughter or rendering unconscious of such animal, and

(d) that all reasonable steps were taken in the said slaughter or rendering unconscious to avoid causing unnecessary pain or suffering to such animal.

(5) Whenever the Minister for Agriculture makes an Order under this Part of this Act declaring a particular type of instrument to be an approved instrument for the purposes of this Part of this Act in relation to pigs, the said Minister may, by the same or another order, declare that this section shall apply to pigs, and may by any subsequent order amend or revoke the order making such declaration.

(6) This section shall not apply to pigs save when and for so long as an order made by the Minister for Agriculture declaring that this section shall apply to pigs is in force.

Approved instruments for slaughter of animals.

16.—(1) The Minister for Agriculture may, whenever he thinks proper, by order declare any particular type of instrument for slaughtering animals or for rendering animals unconscious to be an approved instrument for the purposes of this Part of this Act in relation to all kinds of animals or in relation only to specified kinds of animals.

(2) For the purpose of determining whether any particular type of instrument is or is not fit to be declared under this section to be an approved instrument, the Minister for Agriculture may cause such inquiries, investigations, and experiments as he shall think proper to be made in relation to such type of instrument.

(3) Whenever the Minister for Agriculture makes an order under this section declaring a particular type of instrument to be an approved instrument for the purposes of this Part of this Act, he shall by the same order prescribe the manner of using instruments of that type which shall be the approved manner for the purposes of this Part of this Act of using such instruments.

(4) The Minister for Agriculture may at any time by order amend or revoke any order previously made by him under this section, including an order made under this sub-section.

(5) In this Part of this Act the expression “approved instrument” means an instrument which is declared by an order made under this section and for the time being in force to be an approved instrument for the purposes of this Part of this Act in relation to all animals or in relation to the particular kind of animal in relation to which the expression is used.

(6) In this Part of this Act, the expression “approved manner” means the manner of using the particular approved instrument in relation to which such expression is used which is declared by an order made under this section to be the approved manner for the purposes of this Part of this Act of using such instrument.

General defence of special circumstances.

17.—Where a person is charged with an offence under any section in this Part of this Act in relation to the slaughter or rendering unconscious of any animal, it shall be a good defence to such charge to show that the act alleged to constitute such offence was done for the purpose of preventing unnecessary pain or suffering to such animal or preventing injury to any human being or to any animal or to property and that such act was a reasonable thing to do in the circumstances for one or more of the purposes aforesaid.

Persons liable in respect of offences.

18.—(1) Whenever an offence under any other section in this part of this Act has been committed, the owner or proprietor of the slaughter-house in which the act whether of commission or omission constituting such offence was done shall, unless such owner or proprietor himself actually did the said act, be guilty of such offence in addition to the person who actually did the said act.

(2) Every person who shall be guilty by virtue of this section of an offence under any other section in this Part of this Act shall be liable on summary conviction thereof to the punishment mentioned in the said other section in respect of such offence, but shall be entitled to the benefit of every (if any) provision in such section or any other section of this Act declaring any particular matter to be a good defence.

PART III.

Slaughter Licences.

Prohibition of slaughtering without licence.

19.—(1) No person, unless he is a registered veterinary surgeon or the holder of a slaughter licence for the time being in force, shall slaughter any animal in a slaughter-house.

(2) Every person who slaughters any animal in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding ten pounds, and, in the case of a second or any subsequent such offence, to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months.

Applications for slaughter licences.

20.—(1) Any person who has attained the age of eighteen years may apply, in the prescribed form and manner, to the sanitary authority for an area in which this Act has effect (whether such area is co-terminous with or is part only of the functional area of such sanitary authority) and in which such person resides or carries on business or is employed, for a slaughter licence.

(2) Every application under this section shall be accompanied by the prescribed evidence of the age of the applicant and by the prescribed fee.

(3) Every person who, in or in relation to an application, by himself or any other person, for a slaughter licence makes any statement which is to his knowledge false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Issue of slaughter licences.

21.—(1) Whenever an application for a slaughter licence is duly made under and in accordance with this Act to the sanitary authority for an area in which or in part of which this Act has effect, such sanitary authority shall issue a slaughter licence to the applicant unless it appears to such sanitary authority that the applicant—

(a) has not attained the age of eighteen years, or

(b) neither resides, nor carries on business, nor is employed in (as the case may require) the functional area of such sanitary authority or the portion of such functional area in which this Act has effect, or

(c) is not a fit and proper person to hold a slaughter licence.

(2) No slaughter licence shall be issued to a person who has not attained the age of eighteen years, and every slaughter licence issued in contravention of this sub-section shall be void and of no effect.

(3) No person shall hold at any one time more than one slaughter licence which is in force, and accordingly a slaughter licence shall not be issued (save by way of renewal under the provision in that behalf contained in this Act) to a person who holds a slaughter licence which is in force, and every slaughter licence issued in contravention of this sub-section shall be void and of no effect.

Commencement and duration of slaughter licences.

22.—(1) Every slaughter licence shall be in the prescribed form and, save as is otherwise provided by this Act, shall commence on the day of the issue thereof.

(2) Subject and without prejudice to the provisions of this Act in relation to the revocation and suspension of slaughter licences, every slaughter licence shall be and continue in force for one year beginning on the day on which such slaughter licence commences under this Act and shall expire at the end of such year.

Renewal of slaughter licences.

23.—(1) Where the person applying to a sanitary authority for a slaughter licence holds or held a slaughter licence previously issued to him by such sanitary authority and such slaughter licence either is in force at the date of such application or expired within one month before that date, the slaughter licence issued to such person in pursuance of such application shall be issued by way of renewal of such previously issued slaughter licence.

(2) A slaughter licence issued by way of renewal of a previously issued slaughter licence which is in force at the date of the application for such first-mentioned slaughter licence shall commence at the expiration of such previously issued slaughter licence.

Fees on issue of slaughter licences.

24.—(1) Every application to a sanitary authority for a slaughter licence shall be accompanied by the prescribed fee and the payment of such fee to such sanitary authority shall be a condition precedent to the entertainment of such application.

(2) Where a slaughter licence is issued by a sanitary authority, the fee paid to such sanitary authority in pursuance of this section on such application shall be retained by such sanitary authority.

(3) Where an application to a sanitary authority for a slaughter licence is refused, the fee paid to such sanitary authority in pursuance of this section on such application shall be repaid to the applicant by such sanitary authority immediately upon such refusal.

Issue of duplicate slaughter licences.

25.—Whenever the holder of a slaughter licence satisfies the sanitary authority by whom such licence was issued that such licence has been lost, destroyed, or mutilated, such sanitary authority may issue to such holder a duplicate of such licence and may charge therefor a fee not exceeding six pence.

Revocation of slaughter licences by sanitary authority.

26.—Whenever a sanitary authority is satisfied that the holder of a slaughter licence issued by such sanitary authority has ceased to be a fit and proper person to be engaged in the slaughter of animals, such sanitary authority may, subject to the provisions of this section, suspend for such period as they may think proper or revoke such slaughter licence.

(2) A sanitary authority shall not suspend or revoke a slaughter licence under this section unless or until they have given to the holder of such licence one month's notice in writing of their intention to suspend or revoke (as the case may be) such licence and have considered any representations made to them before the expiration of such notice by such holder.

(3) Where a sanitary authority has given notice, in accordance with the next preceding sub-section of this section, of their intention to revoke a slaughter licence, they may, after the expiration of such notice, suspend (in lieu of revoking) such licence without giving notice of such suspension.

Appeal against refusal or revocation of slaughter licence.

27.—(1) Whenever a sanitary authority refuses an application for a slaughter licence or suspends or revokes a slaughter licence, the applicant for or holder of such licence may appeal against such refusal, suspension, or revocation (as the case may be) to a Justice of the District Court exercising jurisdiction in the functional area of such sanitary authority.

(2) A Justice of the District Court hearing an appeal under this section may do such of the following things as are applicable and appear to him to be just and equitable having regard to all the circumstances of the case, that is to say:—

(a) dismiss such appeal, either with or without costs to be paid by the appellant to the sanitary authority concerned;

(b) in the case of an appeal against a refusal of an application for a slaughter licence, allow such appeal and order the sanitary authority to issue to the appellant a slaughter licence in accordance with such application;

(c) in the case of an appeal against a suspension of a slaughter licence, allow such appeal and either annul such suspension or reduce the period thereof;

(d) in the case of an appeal against a revocation of a slaughter licence, allow such appeal and annul such revocation;

(e) where such Justice allows such appeal, order the sanitary authority concerned to pay to the appellant his costs of such appeal;

(f) where such Justice allows such appeal, order the sanitary authority concerned to pay to the appellant such sum of money as such Justice shall specify by way of compensation to the appellant for the loss and damage suffered by him by reason of the refusal, suspension, or revocation which is the subject of such appeal.

(3) Whenever a Justice of the District Court orders under this section a sanitary authority to issue a slaughter licence to an appellant, it shall be the duty of such sanitary authority to issue forthwith such slaughter licence to such appellant in accordance with such order, subject (where no fee was paid by the appellant on his original application for such licence or the fee paid by him on such application has been repaid to him) to payment of the prescribed fee by the appellant to such sanitary authority.

(4) No appeal shall lie to the Circuit Court from an order made by a Justice of the District Court under this section.

Revocation of slaughter licences by the Court.

28.—(1) Whenever the holder of a slaughter licence is convicted of an offence under any section of this Act, the Court by which such holder is so convicted may, in addition to any punishment or penalty authorised by the relevant provisions of this Act, revoke such slaughter licence and also, if such Court so thinks proper, declare such holder to be disqualified for holding a slaughter licence during such period as such Court shall specify.

(2) Whenever a slaughter licence is revoked under this section by a Court, the registrar, clerk, or other principal officer of such Court shall forthwith communicate to the sanitary authority by whom such licence was issued and to the Minister the fact of such revocation and the particulars of any disqualification imposed by the Court under this section on the holder of such slaughter licence.

(3) Whenever a person is declared by a Court under this section to be disqualified for holding a slaughter licence the following provisions shall have effect, that is to say:—

(a) it shall not be lawful for any sanitary authority, notwithstanding anything contained in this Act, to issue to such person a slaughter licence during the period of such disqualification;

(b) it shall not be lawful for such person to apply for, receive, or hold a slaughter licence during the period of such disqualification;

(c) every slaughter licence issued in contravention of this sub-section shall be null and void;

(d) every person who applies for, receives, or holds a slaughter licence in contravention of this sub-section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding ten pounds, and in the case of a second or any subsequent such offence, to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months.

Surrender of slaughter licence on revocation.

29.—(1) Whenever a slaughter licence is revoked under this Act, the holder of such licence shall, within seven days after the fact of such revocation has been communicated to him or has come to his knowledge, deliver such slaughter licence to the sanitary authority by whom it was issued.

(2) If any person who is required by this section to deliver a slaughter licence to a sanitary authority, fails or neglects so to deliver such licence within the time limited in that behalf by this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with a further fine not exceeding one pound for every day during which such failure or neglect is continued.

Offences in relation to slaughter licences.

30.—Every person who forges, fraudulently alters or uses, or fraudulently lends to or allows to be used by another person a slaughter licence shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months.

Regulations.

31.—(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:—

(a) prescribing the procedure of sanitary authorities in relation to the issue of slaughter licences;

(b) prescribing the registers and records to be kept by sanitary authorities in relation to slaughter licences;

(c) the communication by sanitary authorities to other sanitary authorities of particulars of the slaughter licences issued by such first-mentioned sanitary authorities and of the revocations and suspensions of such licences;

(d) making available for the use of members of the Gárda Síochána and such other persons as the Minister thinks proper of information in the possession of sanitary authorities in relation to the issue and revocation of slaughter licences;

(e) the prevention of the issue (otherwise than by way of renewal) of a slaughter licence to a person who already holds a slaughter licence;

(f) prescribing any matter or thing which is referred to in this Part of this Act as prescribed or to be prescribed.

(2) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

(3) It shall be the duty of every sanitary authority to whom regulations made under this section apply to carry out in all respects such regulations and to perform the duties imposed on them by such regulations.