Control of Horses Act 2015

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New protection for horses as fly-grazing act comes into force
https://www.gov.uk/government/news/new- ... into-force

Fly-grazing - Your questions answered
http://www.worldhorsewelfare.org/fly-grazing-questions

Status: This is the original version (as it was originally enacted).
http://www.legislation.gov.uk/ukpga/2015/23/enacted

Table of Contents
http://www.legislation.gov.uk/ukpga/2015/23/contents

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Thames Vallery Dogwatch, No 1068

1. CONTROL OF HORSES ACT

New laws to clamp down on people illegally abandoning horses came into force on 26th May 2015, improving horse welfare standards across the country.
The Control of Horses Act 2015 makes changes to the law to deter people from illegally grazing or simply abandoning horses on public and private land, which is known as ‘fly-grazing’.
The changes mean horse owners who fly-graze their animals without permission can now be dealt with more quickly and effectively.
Under the previous Animals Act 1971 an abandoned horse could only be disposed of after 14 days through sale at market or public auction. The new Act means fly-grazing horses have to be reported to police within 24 hours, and owners now have four days to claim their animals.Previously, an abandoned horse could only be disposed of through sale at market or public auction. The new law extends the options for dealing with abandoned horses, which now include private sale, gifting and rehoming.

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West Mercia Horsewatch - 13 February 2016

Frequently asked question re fly grazing

Horses have been placed on land I own without my permission. What can I/the police do?

Abandoning horses on public/private land without the permission of the land owner is known as ‘fly grazing.’ If this happens, the police must be notified of this within 24 hours and the owners have up to 4 days to reclaim their horses. (previously it was 14 days).

Before taking action to remove the horses, you should enquire whether your neighbours or anyone locally know who the animals belong to. If, after the 4 days nobody reclaims the animals, the land owners have a much wider range of options as to what to do with them. Though they can still choose to sell them at auction, they can also choose to re home seized horses privately or to charities, sell them privately or as a last resort they can have the animals humanely euthanised . Any excess money will remain recoverable with the owner.

You will be responsible for the control and welfare of the animals during the time that they are detained on your land and will need to make sure that they are fed and have access to water. If there is no water supply in the area where the horses are, or you have any other concerns regarding the welfare of the animals, you should raise your concerns with the RSPCA.

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In recent weeks there has been several instances across East and West Sussex of horses being dumped in peoples fields, this has caused both Sussex Police and myself (sussex horsewatch) a lot of time in helping land owners advice on the 2015 Control of Horses Act 2015.

Under the Act land owners can now legally dispose of these horses provided simple rules are followed, these are listed in the attachment.

Basically if you find a horse or horses dumped in your field/s this is what you do

• The occupier of the land, or the freeholder (if not the occupant) with the occupier’s consent may detain the horse
• Within 24 hours of detaining the horse you must give notice of the detention to the officer in charge of a police station and the horse’s owner if known
• Place notices in the area where the horse was found (form in attached)
• You should arrange for the equine to be checked for a microchip, if a microchip is found Trading Standards can assist in trying to trace the registered keeper
• If within 96 hours (4 working days(Mon – Fri)) beginning when the horse was first detained the owner comes forward the right to detain ceases, subject to the satisfactory tender of
reasonable expenses for keep and/or damages (Section 4A)
• If after 96 hours (4 days) the horse has not been claimed, the ownership of the horse passes to the person detaining the horse, they may then dispose of it, this may include by
arranging for it to be euthanased.
• If the horse is sold and there is a profit after the deduction of costs of keep, sale and damages, the owner if they come forward may recover this from the person who detained
the horse.
• If you detain a horse you are responsible for it’s welfare whilst detaining it If you are looking to detain livestock and/or claim the cost of any damage, we would always
advise that you seek legal advice first.

I hope this is of help to you.

SHW Control of Horses Act 2015.pdf

(116.99 KiB) Downloaded 118 times

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Sent out by Sussex Horsewatch, 30 March 2016

Your rights as a land owner

Under the Animals Act 1971 as amended by the Control of Horses Act 2015, you have certain rights to detain any horses that are on any land in England without lawful authority.

If horses have strayed onto your land, the easiest option is to locate the owner of the horse(s) and ask them to collect them.

Information on who owns horses can often be obtained from local stable yards, farms, equestrian suppliers, etc.

The law and the rights conferred on you as a land-owner and/or occupier are quoted overleaf, but your rights can be summarised as follows:-

Where a horse is on any land in England without authority
• The occupier of the land, or the freeholder (if not the occupant) with the occupier’s consent may detain the horse
• Within 24 hours of detaining the horse you must give notice of the detention to the officer in charge of a police station and the horse’s owner if known
• Place notices in the area where the horse was found (form attached)
• You should arrange for the equine to be checked for a microchip, if a microchip is found Trading Standards can assist in trying to trace the registered keeper
• If within 96 hours (4 working days(Mon – Fri)) beginning when the horse was first detained the owner comes forward the right to detain ceases, subject to the satisfactory tender of
reasonable expenses for keep and/or damages (Section 4A)
• If after 96 hours (4 days) the horse has not been claimed, the ownership of the horse passes to the person detaining the horse, they may then dispose of it, this may include by
arranging for it to be euthanased.
• If the horse is sold and there is a profit after the deduction of costs of keep, sale and damages, the owner if they come forward may recover this from the person who detained
the horse.
• If you detain a horse you are responsible for it’s welfare whilst detaining it

If you are looking to detain livestock and/or claim the cost of any damage, we would always advise that you seek legal advice first.

For further information on the law, please see overleaf

The Animals Act 1971 as amended by The Control of Horses Act 2015

7B Powers of freeholders and occupiers in England to detain horses
(1) This section applies where a horse is on any land in England without lawful authority.
(2) The horse may be detained—
(a) in any case, by the occupier of the land, and
(b) if the freeholder is not the occupier, by the freeholder with the occupier’s consent.
(3) Section 7C contains further provision about detention under this section.

7C Detention of horses under sections 7A and 7B
(1) This section applies where a horse is detained under section 7A or 7B.
(2) The right to detain the horse ceases at the end of the period of 24 hours beginning with the time when it is first detained unless, within that period, the person detaining the horse gives notice of the detention to—
(a) the officer in charge of a police station, and
(b) if the person detaining the horse knows to whom the horse belongs, that person.
(3) Where notice is given under subsection (2), the right to detain the horse ceases if, within the period of 96 hours beginning with the time when it is first detained, the person entitled to possession of the horse—
(a) claims it, and
(b) complies with the condition in subsection (4).
(4) The condition is that the person tenders to each person with a claim under section 4A in respect of the horse such amount as is sufficient to satisfy the claim.
(5) If by the end of the 96 hour period referred to in subsection (3) the right to detain the horse has not ceased under this section—
(a) ownership of the horse passes to the person detaining the horse, and
(b) accordingly, the person detaining the horse may dispose of it by selling it, arranging for it to be destroyed or in any other way.
(6) Where a horse is sold under this section and the proceeds of sale, less the costs of the sale and any costs incurred in connection with it, exceed the amount of any claims under section 4A in respect of the horse, the excess is recoverable from the person detaining the horse by the person who would have been entitled to possession of the horse but for this section.
(7) A person detaining a horse under this section is liable for any damage caused to it by a failure to treat it with reasonable care and supply it with adequate food and water while it is so detained.
(8) References in this section to a claim under section 4A in respect of any horse do not include a claim under that section for damage done by or expenses incurred in respect of the horse before it was on the land without lawful authority.
(9) In calculating a period of 96 hours for the purposes of this section, disregard any time falling on—
(a) a Saturday or Sunday,
(b) Good Friday or Christmas Day, or
(c) a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

4A Liability for damage and expenses due to horses on land in England without lawful authority
(1) This section applies where a horse is on any land in England without lawful authority.
(2) The person to whom the horse belongs is liable for—
(a) any damage done by the horse to—
(i) the land, or
(ii) any property on it which is in the ownership or possession of the freeholder or occupier of the land, and
(b) any expenses which are reasonably incurred by a person detaining the horse under section 7A or 7B of this Act—
(i) in keeping the horse while it cannot be restored to the person to whom it belongs or while it is detained under section 7A or 7B of this Act, or
(ii) in ascertaining to whom it belongs.

This is subject to the other provisions of this Act.
(3) For the purposes of this section a horse belongs to the person in whose possession it is.
Further details can be obtained on the Office of Public Information website at
http://www.legislation.gov.uk/ukpga/1971/22