Horse Breeding Act 1958

JurisdictionUK Non-devolved


Horse Breeding Act, 1958

(6 & 7 Eliz. 2) CHAPTER 43

An Act to consolidate the Horse Breeding Act, 1918, and the Animals Act, 1948.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Keeping of stallions to be subject to licence or permit.

1 Keeping of stallions to be subject to licence or permit.

(1) Subject to the provisions of subsection (2) of this section, it shall not be lawful for any person to keep a stallion which has attained the prescribed age unless there is for the time being in force in respect of it a licence or permit granted by the Minister.

(2) The foregoing subsection shall not apply to—

(a ) any stallion which attained the age of four years before the first day of January, nineteen hundred and forty-nine, or

(b ) a stallion being a thoroughbred or a pony of a prescribed breed;

but it shall not be lawful for a person who keeps a stallion which falls within paragraph (a ) of this subsection, or a stallion which falls within paragraph (b ) thereof and has attained the prescribed age, to travel it for use for breeding purposes or to exhibit it on any premises not in his occupation with a view to its use for breeding purposes, or to permit it to be so travelled or exhibited, unless there is for the time being in force in respect of it a licence granted by the Minister.

(3) A person who contravenes either of the foregoing subsections shall be liable, on summary conviction, to a fine not exceeding twenty pounds, but it shall be a defence for a person charged with a contravention of either of those subsections to prove that, at the date when the contravention is alleged to have occurred, application had been duly made for a licence or permit, or, as the case may be, for a licence in respect of the stallion and that the Minister had not given notice of his decision on the application, or that, at the said date, such a licence had been refused or revoked and either that the time for applying under the following provisions of this Act for a referee's inspection and examination had not expired or that an application had been duly made for such an inspection and examination and the Minister had not notified to the applicant his decision as to confirmation of the refusal or revocation.

(4) For the purposes of this section, a person shall be deemed to keep a stallion if he owns it or has the control of it.

S-2 Grant, and revocation, of licences in respect of stallions.

2 Grant, and revocation, of licences in respect of stallions.

(1) Subject to the provisions of this section, the Minister shall, on application being made in the prescribed manner and within the prescribed time or such further time as the Minister may in any case allow, and on compliance with the prescribed conditions as to inspection and examination, and marking, grant to the owner of a stallion a licence in the prescribed form in respect of it and also, if so requested, a certified copy of the licence on payment of such fee (not exceeding one guinea) as may be prescribed.

(2) A licence in respect of a stallion shall continue in force until—

(a ) it is revoked by the Minister; or

(b ) it ceases to be in force after a change of ownership by virtue of the following provisions of this Act in that behalf; or

(c ) the stallion dies or is castrated; or

(d ) the stallion has been outside Great Britain for a consecutive period of fourteen days or such longer consecutive period as the Minister may allow.

In computing for the purposes of paragraph (d ) of this subsection how long a stallion has been outside Great Britain, the period of its absence shall be deemed to begin at the time when it is put on board a ship or aircraft for the purpose of being carried out of Great Britain and to end at the time when it is landed in Great Britain on its return.

(3) The Minister may refuse to grant a licence, or may revoke a licence, in respect of a stallion if it appears to the Minister that the stallion—

(a ) is permanently affected with any contagious or infectious disease; or

(b ) is permanently affected with any other disease or defect prescribed as a disease or defect rendering the stallion unsuitable for use for breeding purposes; or

(c ) has proved to be inadequately prolific; or

(d ) is calculated, if used for breeding purposes, to injure the breed of horses by reason of its defective or inferior conformation or physique;

but a licence shall not be revoked on the ground only of a stallion's being affected in its wind after it has attained such age as may be prescribed and a licence in respect of it has been in force for such number of years as may be prescribed.

(4) The owner of a stallion in respect of which a licence is in force shall return the licence and the certified copy (if any) to the Minister forthwith on the licence ceasing to be in force; and if he fails to do so he shall be liable, on summary conviction, to a fine not exceeding five pounds.

S-3 Grant, and revocation, of permits in respect of stallions.

3 Grant, and revocation, of permits in respect of stallions.

(1) Where the Minister has refused, or has power to refuse, to grant a licence in respect of a stallion not falling within paragraph (a ) or (b ) of subsection (2) of section one of this Act, or has revoked or proposes to revoke a licence in respect of such a stallion, but it is in his opinion expedient to authorise it to be kept entire, he may, on application being made in the prescribed manner and on compliance with the prescribed conditions as to inspection and examination, and marking, grant to the owner of the stallion a permit in the prescribed form in respect of it and also, if so requested, a certified copy of the permit, on payment of such fee (not exceeding one guinea) as may be prescribed.

(2) A permit in respect of a stallion shall continue in force until—

(a ) it is revoked by the Minister; or

(b ) a period specified therein for its duration expires; or

(c ) it ceases to be in force after a change of ownership by virtue of the following provisions of this Act in that behalf; or

(d ) the stallion dies or is castrated; or

(e ) the stallion has been outside Great Britain for a consecutive period of fourteen days or such longer consecutive period as the Minister may allow.

In computing for the purposes of paragraph (e ) of this subsection how long a stallion has been outside Great Britain, the period of its absence shall be deemed to begin at the time when it is put on board a ship or aircraft for the purpose of being carried out of Great Britain and to end at the time when it is landed in Great Britain on its return.

(3) The Minister may refuse to grant a permit on any grounds which appear to him sufficient, and may grant a permit subject to any conditions which he may think fit to impose.

(4) The Minister may revoke a permit if a condition subject to which that permit, or any other permit to the same person, has been granted is contravened or not complied with.

(5) If a condition subject to which a permit is granted is contravened or not complied with, the holder of the permit shall be liable, on summary conviction, to a fine not exceeding twenty pounds.

(6) The owner of a stallion in respect of which a permit is in force shall return the permit and the certified copy (if any) to the Minister forthwith on the permit ceasing to be in force; and if he fails to do so he shall be liable, on summary conviction, to a fine not exceeding five pounds.

S-4 Provisions as to temporary unsuitability for breeding.

4 Provisions as to temporary unsuitability for breeding.

(1) If it appears to the Minister that a stallion in respect of which a licence is in force, or is about to be granted, is temporarily affected by a disease or defect rendering it unsuitable for use, or for use in any particular way, for breeding purposes, he may, by notice served in the prescribed manner, make it a condition of the licence that the stallion shall not, for a specified period or until further notice, be used, or be used in that way as the case may be, for breeding purposes.

(2) If a person allows a stallion to be used in contravention of a condition imposed in pursuance of this section he shall be liable, on summary conviction, to a fine not exceeding twenty pounds.

S-5 Appeals.

5 Appeals.

(1) If the Minister—

(a ) refuses to grant a licence in respect of a stallion or revokes any such licence; or

(b ) serves a notice making it a condition of a licence that the stallion to which it relates shall not be used, or be used in a particular way, for breeding purposes;

the owner of the stallion shall be entitled, on application made within the prescribed time and in the prescribed manner, and on payment of the prescribed fee (not exceeding five guineas), to have a referee's inspection and examination of the stallion.

(2) For the purposes of this section there shall be constituted a panel of referees consisting of such registered veterinary surgeons and other persons as may be appointed by the Minister to be members of the panel after consultation with such horse breeding societies as in his opinion are interested in such an...

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