Control of Horses Act Explained

The Control of Horses Act 2015 is an Act of Parliament giving private landowners and local authorities the power to detain horses unlawfully grazing on their land. Action can be taken quickly and effectively against equine owners who deliberately break the rules. The Act allows private landowners and local authorities to deal with abandoned horses within a four working day procedure, giving statute options for disposal, including private sale, gifting or rehoming.

Background

The Control of Horses Act 2015 has brought about significant lawful changes in favour of landowners and local authorities, allowing them to deal with the nuisance caused by abandonment, straying and fly-grazing of horses.

Fly-Grazing, straying or abandoned horses present several problems to landowners, members of the public and the horses themselves. Horses may present a risk to public safety, particularly when left on public or private land such as parks or residential areas. Horses can negatively impact the land where grazing is already poor, and the land can easily become poached. The cost of dealing with illegally grazing horses can be substantial. Horses that are abandoned and not appropriately cared for can become a welfare concern and quickly escalate to cases of neglect.

Anyone that allows their horses to graze on land without the landowner’s permission, either intentionally or unintentionally, including abandonment, straying, fly-grazing and circumstances where the landowner has withdrawn permission for the horse to graze on their land, is committing an offence.

The Control of Horses Act 2015 can be implemented within the first 24-hour period of detention. The landowner is legally required to notify the police and advise them that horses are illegally grazing on land without permission and have been detained under The Control of Horses Act 2015 Notice 3 s. 7C (2)(a).

If the landowner or person detaining the horse knows to whom the horse belongs to then they should also give notice to that person- Notice 2 s.7C(2)(b) Owner.

The landowner must give notice of detention and continue to detain the horse for four working days (96 hours), not including weekends or Bank Holidays, unless the owner comes forward and claims the horse before the detention period has lapsed- Notice 1s. 7C Detention.

If an owner has not come forward within the detention period of four working days, then ownership passes directly to the landowner or local authority. The landowner can lawfully keep the horses or dispose of as they see fit, this can include selling the horse, rehoming the horse or arranging for the horse to be humanely destroyed.

It is important to evidence records so that as a landowner you can prove that you have acted within the constraints of the legislation and have implemented The Control of Horses Act 2015 lawfully.

Exercise Powers of Detention Explained

Notice 1s. 7C Detention.

A person detaining a horse must give notice of detention and take practicable steps to do so, for example a notice of detention on the field gate where the horse/s are being illegally fly-grazed can be displayed. Notices should include the time and dates of the detention period beginning and ending.

Notice 2 s.7C(2)(b) Owner.

If the owner is known to the landowner or local authority, then a notice can be served directly to them.

Notice 3 s. 7C (2)(a) Officer in charge of a police station.

Giving notice of intention to the police advising the landowner’s intention to detain a horse unlawfully grazing on land.

Landowner Responsibilities and Duty of Care

A landowner or local authority detaining a horse is also legally responsible under The Animal Welfare Act 2006 (AWA) for providing a Duty of Care and must ensure that the horse has the adequate provision of food, water, shelter and veterinary care under section 9 and section 4 of the AWA. However, a landowner or local authority will not be liable for any injury or neglect sustained to a horse prior to being detained on private or public land.

Landowners and local authorities can claim back reasonable expenses for damage and care costs incurred during the detention period from the owners, should they come forward, within the detention period of four working days (96 hours) excluding weekends or Bank Holidays. As this is a civil matter it is advisable to seek legal advice as claiming expenses may prove to be challenging. It is also sensible to keep receipts, records, take photographs of any damage caused and repair works undertaken to provide proof of incurred costs.

It is also advisable that private landowners take steps to avoid being targeted by fly-grazers and ensure that access and entrances to fields are secured by locked gates.

HAPPA are here to help. For more information and guidance call: 01282 455992 or email [email protected]

Read the full legislation here.