PART III

Functions of Local Authorities

Duties of local authorities.

36. —Each local authority shall execute and enforce this Act and every order of the Minister so far as they are to be executed and enforced by local authorities.

Default of local authorities.

37. —(1) Where a local authority fails to execute or enforce any of the provisions of this Act or of an order of the Minister the Minister may by order empower a person therein named to execute and enforce those provisions or to procure the execution and enforcement thereof.

(2) The expenses incurred under any such order or in respect of any such default by or on behalf of the Minister shall be expenses of the local authority, and the accountant or other proper officer of the local authority shall pay the amount of such expenses to the Minister on demand, and in default of payment a person appointed by the Minister to sue in that behalf may recover the amount of such expenses from the local authority.

(3) For the purposes of this section an order of the Minister shall be conclusive in respect of any default, amount of expenses, or other matter therein stated or appearing.

(4) The provisions of this section are without prejudice to the right or power of the Minister, or any other authority or any person, to take any other proceedings for requiring a local authority to execute or enforce any of the provisions of this Act or of an order thereunder.

Power to authorise the making of regulations by local authorities.

38. —The Minister may make such orders as he thinks fit directing or authorising a local authority to make regulations for any of the purposes of this Act or of an order thereunder.

Slaughter of animals and poultry by local authorities.

39. —(1) The Minister may make orders directing or authorising, in case of the existence or suspected existence of any disease and under such conditions as he may prescribe, the slaughter of animals and poultry and the destruction of carcases and eggs or other things by local authorities, either generally or in particular instances, and for the payment of compensation, in all or any of such cases, by local authorities.

(2) The Minister may by such orders direct or authorise the slaughter both of animals and poultry actually affected with disease and also of animals or poultry suspected of disease or being or having been in the same field, shed or other place or in the same herd or flock or otherwise in contact with animals affected with disease or being or having been otherwise exposed to the infection thereof.

Regulations of local authorities.

40. —(1) A regulation of a local authority may be proved—

(a) by the production of a newspaper purporting to contain the regulation as an advertisement, or

(b) by the production of a copy of the regulation purporting to be certified by the secretary of the local authority as a true copy.

(2) A regulation so proved shall be taken to have been duly made, unless and until the contrary is proved.

Functions of local authority as to orders, etc.

41. —(1) A local authority shall at its own expense publish every order of the Minister and every licence or other instrument sent to it by the Minister for publication, in such manner as the Minister directs, and subject to and in the absence of any direction, by advertisement in a newspaper circulating in the district of the local authority.

(2) The validity or effect of an order of the Minister or licence or other instrument issued by the Minister shall not be affected by want of or defect or irregularity in any publication thereof.