Control of Horses Act 2015

JurisdictionUK Non-devolved
Citation2015 c. 23
(1) After section 7 of the Animals Act 1971 insert—
    (7A) Power of local authorities in England to detain horses
  • “(1) A local authority in England may detain a horse which is in any public place in its area, if the conditions in subsection (2) are met.
  • (2) The conditions are—
  • (a) the local authority has reasonable grounds for believing that the horse is there without lawful authority, and
  • (b) if the land is lawfully occupied by a person—
  • (i) that person consents to the detention of the horse, or
  • (ii) the local authority has reasonable grounds for believing that that person would consent to the detention of the horse (but this does not require the authority to seek consent) .
A local authority in England may detain a horse which is in any public place in its area, if the conditions in subsection (2) are met.the local authority has reasonable grounds for believing that the horse is there without lawful authority, andthat person consents to the detention of the horse, orthe local authority has reasonable grounds for believing that that person would consent to the detention of the horse (but this does not require the authority to seek consent) .Section 7C contains further provision about detention under this section.a county council,a district council,a London borough council,the Common Council of the City of London, andthe Council of the Isles of Scilly.(2) In section 7 of that Act (detention and sale of trespassing livestock) , at the end insert—
  • “(8) Subsections (2) to (7) do not apply to horses on land in England (as to which, see sections 7A to 7C) .
Subsections (2) to (7) do not apply to horses on land in England (as to which, see sections 7A to 7C) .after the definition of “fencing” insert—
    horse” includes an ass, mule or hinny;
;
in the definition of “livestock” omit “asses, mules, hinnies,”;after the definition of “poultry” insert—
    public place” includes—
  • (a) any common land or town or village green;
  • (b) any highway (and the verges of any highway) ;
.
any common land or town or village green;any highway (and the verges of any highway) ;
  • After section 7A of the Animals Act 1971 (as inserted by section 1 of this Act) , insert—
      (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.
  • This section applies where a horse is on any land in England without lawful authority.in any case, by the occupier of the land, andif the freeholder is not the occupier, by the freeholder with the occupier's consent.Section 7C contains further provision about detention under this section.
  • After section 7B of the Animals Act 1971 (as inserted by section 2 of this Act) , insert—
      (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.
  • This section applies where a horse is detained under section 7A or 7B.the officer in charge of a police station, andif the person detaining the horse knows to whom the horse belongs, that person.

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