Understand the new Control of Horses Act

Solicitor Deborah Flynn, a Director at Cartmell Shepherd Solicitors, explains the new Act, which provides greater powers to deal with thousands of horses left to graze illegally without the landowners' permission.

The eagerly anticipated Control of Horses Act 2015 ('the Act') came into force on 26 May 2015 and is welcomed by many in the equine industry. My firm has already used the Act successfully to remove fly-grazing horses from land in Cumbria.

For those in the industry, the welfare of horses has been an area of concern. Rising maintenance costs, such as veterinary expenses, livery and feed, coupled with over breeding, have led to an increased risk of horses being abandoned as their owners cannot provide proper care for them.

Landowners and farmers, as well as local authorities, have been affected by horses being illegally fly-grazed; that is, unlawfully grazed horses on public and private land. The government suggests that an estimated 3,000 horses are fly-grazed in England each year.

Provisions of the Act:

The intention of the Act is to give local authorities, freeholders and occupiers of land in England greater powers to deal with animals that are fly-grazed. The Act amends the Animals Act 1971 (the Animals Act) to insert a new section 7.

Section 7A of the Animals Act provides local authorities with the power to detain horses which are in any public place in their area without lawful authority provided:

(1) The local authority has reasonable grounds for believing that the horse is there without lawful authority; and

(2) If the land is lawfully occupied by a person:

That person consents to the detention or the horse; or

The local authority has reasonable grounds for believing that that person would consent to the detention of the horse.

Under the new section 7B of the Animals Act, freeholders and occupiers of land in England now have the power to detain horses which are on their land without lawful authority.

The procedure for the detention and disposal of fly-grazed horses is provided under section 7C of the Animals Act. Detention of any horses under section 7A or 7B must be reported to the local police station within 24 hours. If known, the owner of the horse should be notified also.

Owners have 96 hours (4 working days) to claim their horses. After expiration of this period, the horse can be disposed of. Methods of clearance include by sale, humane destruction or disposal in any other way, for example, to a welfare charity.

It is hoped that the Act will ensure that local authorities, freeholders and occupiers of land are no longer burdened by illegal practice on the part of horse owners. This said, the Act will need to be robustly enforced if it is to achieve its desired effect.

For owners or occupiers of land the Act provides you with greater powers to remove any horses illegally grazing on your land after 4 working days.

The procedure provided by the Act must be followed if you need to take action to remove a horse that has been illegally grazing on your land. Remember to report to the Police within 24 hours any horses that you have detained on your land. You must also notify the owner of the horse, if known.

If you detain a horse in accordance with the Act, you must ensure that it is supplied with sufficient food and water; during the detention period, you are liable for any damage that may be caused to the animal if you fail to treat it with reasonable care.

The Land Owner

As a landowner it is important that you implement the Act carefully and make sure that you comply with all of the requirements set out in it. If fly grazing is a problem for you please take legal advice before relying on this new piece of legislation or you could be faced with an expensive vet’s bill or Sale of Goods Act legal battle. If you are considering renting your land, ensure that you have a legal contract drawn up between you and the occupant so that should you need to use the Act you can easily demonstrate that your land is being used outwith any agreement/contract. The Act applies only to cases where the land is being used ‘without lawful authority’.

The Horse Owner

As a horse owner, make sure that your horse is properly fenced in to avoid accidental fly-grazing and get it microchipped. The Act stipulates that the right to detain the horse ceases at the end of the period of 24 hours beginning with the time when it was first detained unless the person detaining the horse gives notice to the police and if the person detaining the horse knows to whom the horse belongs, that person. Therefore the person detaining the horse must notify the owner of the horse that they are detaining it if at all possible. Having your horse microchipped provides a means of identifying you as the owner of the horse.

It is also important to make sure that your horse is properly fenced in to avoid liability due to damage caused by the horse or you could be faced with a bill to repair any damage caused and expenses which are reasonable incurred in keeping the horse while it has been detained.

 For further advice and individual information, contact Cartmell Shepherd Solicitors on 01228 516666 or visit www.cartmells.co.uk