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8 1988

ABATTOIRS ACT, 1988

PART III

Knackeries

Interpretation ( Part III ).

21. —In this Part of this Act “the register” means the register of knackery licences established pursuant to section 27 of this Act.

Prohibition on sale for human consumption of products of knackery.

22. —(1) A person shall not sell, offer, expose for sale, or have in his possession for the purposes of sale, or of preparation for sale, for human consumption, any part of an animal, or any meat or other product derived wholly or partly therefrom, which has been slaughtered or cut-up in, or which has been delivered to, or originated in, a knackery.

(2) Any person who contravenes the provisions of this section shall be guilty of an offence.

Prohibition on use of premises as knackery.

23. —(1) The occupier of any premises shall not use such premises, or permit such premises to be used, as a knackery unless he is the holder of a licence (in this Act referred to as a “knackery licence”) in respect of such premises.

(2) A person, who is not the occupier of a premises, shall not use such premises as a knackery unless the occupier of the premises is the holder of a knackery licence in respect of such premises.

(3) Any person who contravenes the provisions of this section shall be guilty of an offence.

Knackery licence.

24. —(1) Subject to the provisions of this Act and the Regulations made thereunder, a knackery licence shall be granted by the Minister and shall remain in force for such period not exceeding 12 months as may be fixed by the Minister.

(2) Subject to the provisions of this Act and the Regulations made thereunder, a knackery licence granted pursuant to subsection (1) of this section shall be renewed by the Minister for such period not exceeding 12 months as may be fixed by him.

(3) The Minister, following consultation with the Minister for the Environment, may, by Regulations, transfer his functions in relation to knackery licences to the local authority within whose functional area the knackery concerned is situate.

(4) Notwithstanding the generality of subsection (3) of this section, Regulations under that subsection may make provision for all or any of the following matters—

(a) the making of different provisions in relation to the transfer of functions to different local authorities or classes of local authorities;

(b) the withdrawal, whenever the Minister considers it necessary so to do, of any function, previously transferred by Regulations under that subsection to a local authority, from that local authority;

(c) the payment to a local authority to which a function is transferred of all fees in relation to knackery licences relating to any knackery in its functional area.

(5) Whenever the Minister proposes to make Regulations pursuant to subsection (3) of this section, the Regulations shall not be made until a draft of the Regulations has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House.

Application for knackery licence.

25. —(1) Every application for the grant or renewal of a knackery licence shall be in such form as may be determined by the Minister and shall be accompanied by a fee of £10.

(2) Every application for the grant or renewal of a knackery licence shall relate to one premises only.

(3) Where an application is made pursuant to this section for the grant or renewal of a knackery licence, the Minister shall, before considering the application, cause the premises to which the application relates to be inspected by an authorised officer of the Minister.

(4) The Minister shall not consider an application for the grant or renewal of a knackery licence unless the application is accompanied by the fee specified in subsection (1) of this section.

(5) Where the Minister, having considered an application for the grant or renewal of a knackery licence, decides that the application should be refused, the fee paid in respect of the application shall be repaid to the applicant.

(6) The Minister may, by Regulations, vary the amount of the fee specified in subsection (1) of this section.

Grant or renewal of knackery licence.

26. —The Minister shall, following consultation with the local authority in whose functional area a knackery is situate, if he is satisfied that the applicant—

(a) is a fit and proper person to hold a knackery licence, and

(b) has, in relation to the knackery concerned, complied with the provisions of—

(i) the Slaughter of Animals Act, 1935 , and

(ii) this Act and the Regulations made thereunder,

grant or, as the case may be, renew a knackery licence.

Register of knackery licences.

27. —(1) The Minister shall establish and maintain a register of knackery licences (in this Part of this Act referred to as “the register”) of every licence granted by him under this Part of this Act.

(2) There shall be entered in the register—

(a) the full name, address and description of the holder of the licence,

(b) an exact description of the location and the limits and extent of the knackery to which the licence relates,

(c) the date on which the licence was issued and the expiry date thereof,

(d) such other particulars of, or in respect of, the licence or of the knackery to which it relates as the Minister may, from time to time, direct.

(3) Whenever a knackery licence is altered or revoked, there shall be entered in the register such particulars of the alteration or revocation, as the case may be, as the Minister may, from time to time, direct.

(4) A certificate purporting to be under the hand of an officer, authorised by the Minister in that behalf, of the Minister that a knackery specified in the certificate is not entered in the register shall, until the contrary is proved, be evidence of the matters so certified and it shall not be necessary to prove the signature of such officer, or that he was such an officer, or that he was in fact so authorised.

Non-transferability of knackery licence.

28. —(1) The holder of a knackery licence shall not transfer the licence to any other person and any such purported transfer shall be void and of no effect.

(2) Where the holder of a knackery licence dies, the licence shall continue in full force and effect for the benefit of the licence holder's personal representative, or, as the case may be, his spouse or any other member of his family, for the period of four months, or for the period then unexpired of the term of the licence, whichever is the longer, after the death of the licence holder and shall then expire.

Refusal of knackery licence.

29. —(1) The Minister may, at any time, when he considers it proper so to do, refuse an application for the grant or renewal of a knackery licence.

(2) Whenever the Minister considers it proper to refuse an application for the grant or renewal of a knackery licence, he shall, by at least 21 days notice in writing, notify the applicant of his intention to refuse the application and of the reasons therefor.

(3) Whenever the Minister decides to refuse an application for the grant or renewal of a knackery licence, he shall, by notice in writing, notify the applicant—

(a) of his decision and of the reasons therefor, and

(b) of the time limit within which, and of the manner in which, an appeal against such decision may, pursuant to section 31 of this Act, be made, and

(c) if at the date on which such application is made, the premises to which the application relates are used as a knackery, whether such premises may, in accordance with the provisions of this Act, continue to be so used.

Power of Minister to revoke knackery licence.

30. —(1) The Minister may, at any time, revoke a knackery licence if he is satisfied that—

(a) the licence has been obtained by fraud or by misrepresentation (whether fraudulent or innocent), or

(b) there has been any contravention (whether by commission or omission) of any provision of this Act or of any Regulation made thereunder, or

(c) the holder of a licence has not, within a reasonable time, complied with the requirements of a notice served under section 33 of this Act.

(2) Before revoking a knackery licence pursuant to this section, the Minister shall, by at least 21 days notice in writing, notify the holder of the licence of his intention to revoke the licence and of the reasons therefor.

(3) Whenever the Minister decides to revoke a knackery licence pursuant to this section, he shall, by notice in writing, notify the holder of the licence—

(a) of his decision, and of the reasons therefor, and

(b) of the time limit within which, and of the manner in which, an appeal against such revocation may, pursuant to section 31 of this Act, be made, and

(c) whether the premises concerned may, in accordance with the provisions of this Act, continue to be used as a knackery.

Appeal against refusal or revocation of knackery licence.

31. —(1) Whenever the Minister refuses to grant or renew, or revokes, a knackery licence, the applicant for, or the holder of, such licence may, within 21 days after the date of the service of the notice of, as the case may be, the refusal or revocation, appeal to the Circuit Court against such refusal or revocation.

(2) Whenever the Minister refuses to grant or renew, or revokes, a knackery licence in respect of premises which, at the time the Minister made his decision, were lawfully being used as a knackery, such premises may, if the Minister is satisfied that there is no danger to public health, continue to be used as a knackery—

(a) until the time for making an appeal has elapsed, or

(b) if an appeal is made, until such time as the appeal is first mentioned in the Circuit Court,

and thereafter the premises may be so used only by leave of the Circuit Court.

(3) Whenever, in accordance with subsection (2) of this section, a premises is continued to be used as a knackery notwithstanding the refusal or revocation of a knackery licence in relation to that premises, the provisions of—

(a) this Act and the Regulations made thereunder, and

(b) the Slaughter of Animals Act, 1935 ,

shall continue to apply to such premises as if such premises were a licensed knackery.

(4) On the hearing of an appeal under this section, the Circuit Court may do whatever appears to it to be just and proper having regard to the provisions of this Act and the Regulations made thereunder and may either—

(a) dismiss the appeal, with or without costs, or

(b) allow the appeal, with costs, and direct the Minister to grant or renew the licence, or to cancel the revocation,

and the decision of the Circuit Court on an appeal under this section shall be final save that, by leave of that Court, an appeal shall lie to the Supreme Court on a point of law.

(5) On the hearing of an appeal under this section, the onus of establishing that the provisions of this Act in relation to the granting, renewal or continuing in force of a licence have been complied with shall lie on the person making the appeal.

Permit relating to knackery.

32. —(1) Subject to subsection (5) of this section, where, in the opinion of the Minister, special circumstances exist and he considers it reasonable so to do, the Minister may, after consultation with the local authority in whose functional area a knackery is situate, in lieu of granting a knackery licence in respect of any premises, grant to a person a permit to operate the premises as a knackery for such period as may be specified in the permit and the Minister may attach to such permit such conditions as appear to him to be necessary.

(2) On the expiration of the period specified in a permit granted under subsection (1) of this section, the Minister may, if he considers it reasonable so to do, renew the permit for such further period as may be specified in the renewed permit.

(3) A permit granted or renewed under this section shall, for the period of its validity, have the same force and effect as a knackery licence under this Act and the provisions of this Act (other than section 31 of this Act) relating to knackery licences shall apply to a permit granted under this section.

(4) The Minister shall not grant or renew a permit under this section unless the applicant has first paid to the Minister a fee of the amount specified in section 25 of this Act as if the permit were a knackery licence.

(5) A permit under this section shall not be granted in respect of a premises unless the premises—

(a) was constructed as, or was adapted for use as, or was used as, a knackery on or before the commencement of this section, and

(b) is capable, within a reasonable time, of being so reconstructed or altered that it complies in every respect with the requirements of this Act and of the Regulations made thereunder.

(6) This section shall cease to have effect on the expiry of five years after its commencement.

Suspension of knackery.

33. —(1) Whenever, in relation to a knackery, an authorised officer is of opinion that there is grave and immediate danger to public health or to animal health, or to public health and animal health, arising from the manner in which such knackery is managed or maintained, the authorised officer may serve on the holder of the knackery licence in relation to that knackery, or on the person who seems to him to be, for the time being, in charge of such knackery, a notice in writing requiring the immediate closure of such knackery.

(2) A notice served under subsection (1) of this section may specify the steps that ought to be taken, or the things that ought to be done, before the knackery, in respect of which the notice was served, may continue to operate as a knackery.

(3) A notice served under subsection (1) of this section may also direct the holder of the knackery licence, or any other person on whom such notice is served, to prominently display notice of the closure of the knackery at the entrance to such premises and in such other places, if any, as may be specified in the notice.

(4) A person upon whom a notice is served under subsection (1) of this section shall forthwith comply with the terms of the notice.

(5) Any person who fails to comply with the terms of a notice under subsection (1) of this section shall be guilty of an offence.

(6) An authorised officer may at any time revoke a notice served by him under subsection (1) of this section.

(7) The service of a notice under subsection (1) of this section shall not be construed as in any way affecting any proceedings, whether instituted before or after such service, in which a contravention of any provision of this Act or of Regulations made thereunder is alleged.

(8) Any person aggrieved by a notice under subsection (1) of this section may, not later than 21 days after the service of the notice, appeal to the District Court against the notice.

(9) On the hearing of an appeal under subsection (8) of this section, the District Court may, as it thinks proper, cancel or confirm the notice, and the decision of the District Court on such hearing shall be final save that, by leave of that Court, an appeal shall lie to the High Court on a point of law.

Regulations relating to knackeries.

34. —(1) The Minister may, in relation to knackeries, make Regulations in respect of all or any of the following matters—

(a) the operational hygiene of staff and the keeping of premises and equipment (including transport) in a secure and sanitary condition;

(b) the proper management (including proper arrangements for the storage and disposal of dead animals and parts of dead animals) and maintenance of premises and equipment;

(c) the regulation and control of the sale for non-human consumption of the products of knackeries (including the staining of such products);

(d) the keeping of records relating to animals handled in or by the knackery (including their origin and disposal);

(e) the advertising and placing of advertisements by knackeries for the purchase, sale, collection, delivery, supply, slaughter, storage, skinning or cutting-up of animals.

(2) Any person who contravenes the provisions of Regulations made under this section shall be guilty of an offence.