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No. 45/1935:
SLAUGHTER OF ANIMALS, ACT, 1935
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ARRANGEMENT OF
SECTIONS
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PART I
PRELIMINARY AND GENERAL
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1 Short title
and commencement.
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2 Definitions.
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3 Area of
application.
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4 Application to
county health districts.
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5 Enforcement of
Act by sanitary authorities.
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6 Duties of
veterinary officers.
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7 Prosecution of
offences.
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8 Expenses.
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9 Powers of Gárda Síochána and sanitary
officers.
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10 Amendment of
section 128 of the Towns Improvement Clauses Act, 1847.
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11 Public
Inquiries.
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PART II
TREATMENT OF ANIMALS IN SLAUGHTER-HOUSES
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12 Supply of
water and food to animals in slaughter-houses.
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13 Prohibition
of slaughter in sight of another animal.
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14 Prohibition
of slaughter causing excessive suffering.
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15 Compulsory
use of approved instrument of slaughter of animals.
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16 Approved
instruments for slaughter of animals.
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17 General defence of special circumstances.
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18 Persons
liable in respect of offences.
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PART III
SLAUGHTER LICENCES
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19 Prohibition
of slaughtering without licence.
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20 Application
for slaughter licences.
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21 Issue of
slaughter licences.
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22 Commencement
and duration of slaughter licences.
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23 Renewal of
slaughter licences.
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24 Fees on
issue of slaughter licences.
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25 Issue of
duplicate slaughter licences.
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26 Revocation
of slaughter licences by sanitary authority.
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27 Appeal
against refusal or revocation of slaughter licence.
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28 Revocation
of slaughter licences by the Court.
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29 Surrender of
slaughter licence on revocation.
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30 Offences in
relation to slaughter licences.
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31 Regulations.
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AN ACT TO MAKE PROVISION FOR SECURING THE MORE HUMANE TREATMENT OF
ANIMALS IN SLAUGHTERHOUSES AND TO MAKE FURTHER AND BETTER PROVISION IN
RELATION GENERALLY TO THE SLAUGHTER OF ANIMALS.
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[12th December, 1935.]
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BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
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PART I PRELIMINARY AND GENERAL
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Short title and
commencement.
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1.—(1) This Act may be cited as the Slaughter of Animals
Act, 1935 .
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(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.
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Definitions.
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2.—(1) In this Act—
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the expression "the Minister" means the Minister for Local
Government and Public Health;
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the word "prescribed" means prescribed by regulations made by
the Minister under this Act;
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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;
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the expression "board of health" includes both a board of
public health and a board of health and public assistance;
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the word "animal" includes only
cattle, sheep, goats, pigs, horses, asses and mules.
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(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
"slaughterhouse" shall be construed accordingly in this Act.
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(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.
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Area of
application.
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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.
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Application to
county health districts.
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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.
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(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:—
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( 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:—
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(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
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(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
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(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 slaughterhouses 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;
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( 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 the 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;
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( 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
thoroughfares, 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;
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( 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;
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( 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;
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( 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.
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(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.
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Enforcement of
Act by sanitary authorities.
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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.
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(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.
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(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.
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Duties of
veterinary officers.
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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.
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Prosecution of
offences.
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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.
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Expenses.
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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.
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(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.
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(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.
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Powers of Gárda Síochána and sanitary
officers.
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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 may do in such slaughter-house all or any of the following things, that
is to say:—
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( a ) inspect such slaughter-house and the plant, appliances,
and equipment therein and all animals and carcases of animals in such
slaughter house;
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( b ) observe all or any of the processes used in the
business carried on in such slaughter-house;
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( 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
slaughter-house;
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( 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.
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(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.
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(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.
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(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.
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(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
lie did or did not hold a slaughter licence it 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.
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(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.
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Amendment of
section 128 of the Towns Improvement Clauses Act, 1847.
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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.
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Public
Inquiries.
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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.
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(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.
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PART II TREATMENT OF ANIMALS IN SLAUGHTER-HOUSES
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Supply of
water and food to animals in slaughter-houses.
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12.—(1) It shall be the duty of every occupier of a
slaughter-house—
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( a ) to provide a sufficient quantity of wholesome drinking
water for the use of the animals in such slaughter house, and
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( 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
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( 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.
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(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.
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Prohibition of
slaughter in sight of another animal.
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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.
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(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.
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Prohibition of
slaughter causing excessive suffering.
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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.
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(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.
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Compulsory use
of approved instrument of slaughter of animals.
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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.
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(2) Nothing in this section shall apply to or render unlawful—
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( 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
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( 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
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( 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.
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(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.
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(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—
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( a ) that an approved instrument which would normally have
been available for such slaughter or tendering 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
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( 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
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( c ) that no other approved instrument was reasonably
obtainable for the purpose of the said slaughter or rendering unconscious of
such animal, and
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( d ) that all reasonable steps were
taken in the said slaughter or rendering unconscious to avoid causing
unnecessary pain or suffering to such animal.
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(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.
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(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.
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Approved
instruments for slaughter of animals.
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
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General
defence of special circumstances.
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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.
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Persons liable
in respect of offences.
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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.
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(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.
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PART III SLAUGHTER LICENCES
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Prohibition of
slaughtering without licence.
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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.
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(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 ton 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.
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Application
for slaughter licences.
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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
are 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.
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(2) Every application under this section shall be accompanied by the
prescribed evidence of the age of the applicant and by the prescribed fee.
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(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.
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Issue of
slaughter licences.
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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—
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( a ) has not attained the age of eighteen years, or
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( 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
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( c ) is not a fit and proper person
to hold a slaughter licence.
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(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.
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(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.
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Commencement
and duration of slaughter licences.
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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.
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(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.
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Renewal of
slaughter licences.
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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.
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(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.
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Fees on issue
of slaughter licences.
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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.
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(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.
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(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.
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Issue of
duplicate slaughter licences.
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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.
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Revocation of
slaughter licences by sanitary authority.
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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 way think proper or revoke such slaughter licence.
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(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.
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(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.
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Appeal against
refusal or revocation of slaughter licence.
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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.
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(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:—
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( a ) dismiss such appeal, either with or without costs to be
paid by the appellant to the sanitary authority concerned;
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( 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;
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( 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;
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( d ) in the case of an appeal against a revocation of a
slaughter licence, allow such appeal and annul such revocation;
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( e ) where such Justice allows such appeal, order the
sanitary authority concerned to pay to the appellant his costs of such
appeal;
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( 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.
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(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.
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(4) No appeal shall lie to the Circuit Court from an order made by a
Justice of the District Court under this section.
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Revocation of
slaughter licences by the Court.
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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.
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(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.
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(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:—
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( 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;
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( b ) it shall not be lawful for such person to apply for,
receive, or hold a slaughter licence during the period of such
disqualification;
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( c ) every slaughter licence issued in contravention of this
sub-section shall be null and void;
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( 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.
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Surrender of
slaughter licence on revocation.
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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.
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(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.
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Offences in
relation to slaughter licences.
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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.
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Regulations.
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31.—(1) The Minister may by order make regulations for all or any
of the following purposes, that is to say:—
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( a ) prescribing the procedure of sanitary authorities in
relation to the issue of slaughter licences;
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( b ) prescribing the registers and records to be kept by
sanitary authorities in relation to slaughter licences;
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( 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;
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( 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;
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( 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;
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( f ) prescribing any matter
or thing which is referred to in this Part of this Act as prescribed or to
be prescribed.
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(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.
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(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.
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