If any horse examined under section 40(1) above or inspected under section 41(1) above is found by the veterinary inspector—
(a)to be in such a physical condition that it is cruel to keep it alive, or
(b)to be permanently incapable of being worked without suffering,
the inspector shall forthwith slaughter it (or cause it to be slaughtered) with a mechanically operated instrument suitable and sufficient for the purpose, and no compensation shall be made to the owner of that animal.