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SLAUGHTER-HOUSES ACT (NORTHERN IRELAND) 1953 - SECT 13

Short title and citation.

13.(1) This Act may be cited as the Slaughter-houses Act (Northern Ireland),
1953, and this Act and the Slaughter of Animals Act (Northern Ireland), 1932,
may be cited together as the Slaughter of Animals Acts (Northern Ireland),
1932 and 1953.

Subs.(2) rep. by SLR 1973

1. The local authority, if they object to the Ministry's proposal, may within
one month of the receipt of the notice thereof serve on the Ministry a notice
setting forth particulars of their objection.

2. The Ministry within one month of the service of the notice of objection may
serve on the local authority a notice requiring them to provide within the
time specified in the notice such slaughter-house facilities as are so
specified.

3. The local authority within one month of the service of the last mentioned
notice may serve on the Ministry a notice stating that they undertake to
comply with the requirements specified in the Ministry's notice; and thereupon
it shall be the duty of the local authority to comply with those requirements.
If the local authority fail so to notify the Ministry the Ministry may
forthwith proceed to exercise the power conferred on it by sub-section (1) of
section eight.

4. Where the local authority duly serve a notice under the last preceding
paragraph and after the expiration of six months therefrom it appears to the
Ministry at any time that the authority will be unable to fulfil their
undertaking within the required time, the Ministry may serve on the
local authority a notice stating that in the opinion of the Ministry they will
be unable so to fulfil their undertaking.

5. The local authority within fourteen days of the service of the last
mentioned notice on them may serve on the Ministry a notice disputing the
opinion of the Ministry; and if the local authority duly serve such a notice
the Ministry shall not proceed to the exercise of its powers under sub-section
(1) of section eight until a local inquiry has been held.

6. If

(a)the local authority do not dispute the Ministry's opinion as aforesaid; or

(b)a local inquiry having been held, the Ministry on consideration of the
report of the person who held it is satisfied that the local authority will be
unable duly to fulfil their undertaking;

7. Where an order is made under the last preceding paragraph the Ministry

(a)may proceed to exercise its powers under sub-section (1) of section eight
as if no objection to such exercise had been made in the first instance;

(b)shall pay to the local authority the amount of any expenditure which in the
opinion of the Ministry was properly and necessarily incurred by them between
the date of their undertaking and the making of the order.

8. All notices given under the foregoing provisions of this Part shall be in
writing and shall be served by registered post.

1. The Ministry shall appoint a person to hold the inquiry and report thereon
to the Ministry. A person so appointed is in this Part of this Schedule
referred to as "the inspector".

2. The Ministry may appoint one or more than one person possessing such legal,
medical or other professional qualifications as the Ministry thinks
appropriate, to assist the inspector.

3. The Ministry shall, not less than fourteen days before the holding of the
inquiry, give public notice, and shall send to the local authority by
registered post notice in writing, of the date, hour and place fixed for the
holding thereof.

4. The inspector may by notice require any person

(a)to attend at the time and place set forth in the notice to give evidence or
to produce any books or documents in his custody or under his control which
relate to any matter in question at the inquiry; or

(b)to furnish within such reasonable period as is specified in the notice such
information relating to any matter in question at the inquiry as the inspector
may think fit and as the person so required is able to furnish:

Provided that

(i)no person shall be required in obedience to such a notice to attend at any
place which is more than ten miles from the place where he resides, unless the
necessary expenses are paid or tendered to him; and

(ii)nothing in this paragraph shall empower the inspector to require any
person to produce any book or document or to answer any question which he
would be entitled, on the ground of privilege or otherwise, to refuse to
produce or to answer if the inquiry were a proceeding in a court of law.

5. The inspector may administer oaths and examine witnesses on oath and may
accept in lieu of evidence on oath by any person a statement in writing by
that person.

6. Any person who refuses or wilfully neglects to attend in obedience to a
notice under paragraph 4 of this Part of this Schedule, or to give evidence,
or who wilfully alters, suppresses, conceals, destroys or refuses to produce
any book or document which he may be required to produce by any such notice or
who refuses or wilfully neglects to furnish any information which he is
required to furnish under sub-paragraph (b) of the said paragraph 4 shall be
liable on summary conviction to a fine not exceeding twenty pounds or to
imprisonment for a period not exceeding three months.

7. The expenses incurred by the Ministry in relation to any inquiry held under
this Act (including such sum or sums as the Ministry may with the approval of
the Ministry of Finance determine in respect of the services of the inspector
and any person appointed to assist him) shall be paid by the Ministry and the
local authority in such proportions as the inspector shall recommend in his
report, and the Ministry may make an order accordingly.

8. Any order by the Ministry under the last preceding paragraph may on the
application of either party to the inquiry be made a rule of the High Court.

Second ScheduleAmendments



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