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37 1996

CONTROL OF HORSES ACT, 1996

PART III

Control of Horses

Inspection of horses.

29. —(1) An authorised person or a member of the Garda Síochána may inspect and examine any horse.

(2) Any person who is apparently in charge or control of a horse the subject of an inspection or examination under subsection (1) shall give to the authorised person or member of the Garda Síochána making the inspection or examination such reasonable assistance as the authorised person or member may request.

(3) A person who, without reasonable excuse, fails to comply with a request under subsection (2) shall be guilty of an offence.

Obligation to give name and address of owner of horse.

30. —(1) Any person who keeps or has charge or control of a horse, or the owner or any person having the charge or management of any premises on which a horse is found, shall, if requested by an authorised person or a member of the Garda Síochána, give to such authorised person or member, in so far as is known to him or her, the name and address of the owner of the horse.

(2) A person who fails to comply with a request under subsection (1) or gives information which is false or misleading shall be guilty of an offence.

Obligation to give name and address where authorised person or member of Garda Síochána suspects offence under Act is committed.

31. —(1) An authorised person or a member of the Garda Síochána may where there are reasonable grounds for suspecting that a person is committing or has committed an offence under this Act request of the person his or her name and address.

(2) A person who refuses to give his or her name and address when requested under subsection (1) or gives a name and address or information which is false or misleading shall be guilty of an offence.

Obligation to desist from continuing to offend against certain provisions of Act.

32. —(1) An authorised person or a member of the Garda Síochána who has reasonable cause to suspect that a person is offending against the provisions of section 45 or any bye-laws made under section 46 or 47 or section 1 (as amended by section 48 ) of the Protection of Animals Act, 1911, in relation to a horse, may direct the person so suspected to desist from so offending.

(2) A person who, without reasonable excuse, fails to comply with a direction under subsection (1) shall be guilty of an offence.

Authorised person or member of Garda Síochána may require veterinary attention for horses in extreme pain or distress, etc.

33. —(1) An authorised person or a member of the Garda Síochána who has reasonable cause to suspect that a horse is in such pain, distress or acute state of neglect or so severely injured or diseased as to be in need of veterinary attention, may require the owner or keeper of the horse, or if the owner or keeper is not readily available, a person apparently in charge or control of the horse, to immediately, or as soon as may be, obtain any necessary veterinary attention from a veterinary surgeon for the horse.

(2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) shall be guilty of an offence.

Power of entry to premises by authorised persons or members of Garda Síochána.

34. —(1) Where an authorised person or a member of the Garda Síochána has reasonable cause to suspect that—

(a) an offence is being or has been committed under this Act in or on any premises or in any vehicle, or

(b) a person is causing harm to or mistreating a horse on any premises or in any vehicle,

such person or member may, subject to subsection (2), stop any such vehicle or enter (if necessary by the use of reasonable force) any such premises or any such vehicle, and there, or at any other place, and with such authorised persons and members of the Garda Síochána (if any) as the person or member considers appropriate—

(i) search for any horse,

(ii) search for and examine any document and take extracts from and copies of any such document, and

(iii) exercise, in the case of an authorised person any of the functions conferred on an authorised person, or in the case of a member of the Garda Síochána any of the functions conferred on a member of the Garda Síochána, under this Act.

(2) In the exercise of a power of entry by an authorised person or a member of the Garda Síochána into any premises under this Act, such other persons as may be necessary for the purpose of assisting the authorised person or member in the exercise of his or her functions under this section may be brought into such premises and the authorised person, member or any such other person may take with them into the premises such equipment as they consider to be necessary.

(3) An authorised person or a member of the Garda Síochána shall not, other than with the consent of the occupier, enter a dwelling unless the person or member has obtained a search warrant from the District Court under section 35 authorising such entry.

(4) Where an authorised person or a member of the Garda Síochána in the exercise of his or her powers under this section is prevented from entering any premises, an application may be made under section 35 for a search warrant authorising such entry.

Search warrants.

35. —(1) If a judge of the District Court is satisfied by the information on oath of an authorised person or a member of the Garda Síochána that there are reasonable grounds for suspecting that—

(a) there is evidence on any premises in relation to an offence under this Act, or

(b) a person is causing harm to or mistreating a horse on any premises,

situated within the district court district to which the judge is for the time being assigned, the judge may issue a search warrant.

(2) A search warrant issued under this section shall be expressed and operate to authorise a named member of the Garda Síochána accompanied by such members of the Garda Síochána or authorised persons and with such equipment as the named member thinks necessary, at any time or times within one month from the date of issue of the warrant, on production of it if so requested, to enter (if necessary by reasonable force) the premises named in the warrant and exercise any of the powers conferred on a member of the Garda Síochána under this Act.

Obstruction of authorised person or member of Garda Síochána.

36. —A person who obstructs or impedes an authorised person or a member of the Garda Síochána in the exercise of the person's or member's functions under this Act shall be guilty of an offence.

Seizure and detention of horses.

37. —(1) An authorised person or a member of the Garda Síochána may seize and detain any horse that the person or member has reason to suspect is—

(a) a stray horse, or

(b) causing a nuisance, or

(c) not under adequate control, or

(d) posing a danger to persons or property, or

(e) posing a threat to the health and welfare of persons or other animals, or

(f) being kept in a control area, without a horse licence in respect of it entitling the horse to be kept in that area, or

(g) not identifiable or capable of identification as may be required by section 28 , or

(h) in or being kept or ridden or driven in an area contrary to any bye-laws made under section 47 .

(2) An authorised person or a member of the Garda Síochána may seize and detain a horse in relation to which a requirement has been made under section 33 and the person or member has reasonable cause to suspect that the necessary veterinary attention has not been or is not likely to be obtained.

(3) A horse seized under this section may be detained in a pound anywhere or in such other place as may be specified by the local authority in whose functional area the horse was seized or by the Superintendent, as the case may be.

(4) A person who without lawful authority removes a horse while it is being detained under this section shall be guilty of an offence.

Identification of seized horses or horses detained in control areas.

38. —Where a horse has been detained under section 37 the local authority in whose functional area the horse is detained or the Superintendent, as the case may be, may cause to be attached to the horse such identification mark or device as the authority or the Superintendent sees fit.

Period of detention and disposal of horses detained under section 37 .

39. —(1) Subject to section 41 , whenever a horse has been detained under section 37 , the local authority in whose functional area the horse is detained or the Superintendent, as the case may be, may—

(a) continue to detain the horse for use in evidence in any criminal proceedings, for such period from the seizure or detention as is reasonable, or, if proceedings are commenced in which the horse is required for use in evidence, until the conclusion of the proceedings, or

(b) where it is intended to make an application under section 8 for the forfeiture of the horse, continue to detain the horse until the conclusion of the proceedings, or

(c) where that horse has previously been detained on two or more occasions within a period of 12 months, deal with it in accordance with section 40 , or

(d) in any other case, deal with the horse in accordance with any bye-laws made under subsection (2).

(2) Bye-laws may be made by a local authority for all or any of the following matters in relation to horses detained within its functional area under section 37

(a) the notices to be given or displayed in connection with the detaining of such horses,

(b) the fees to be paid by the owner or keeper of such horses including fees in respect of their keep, any veterinary services and any transportation,

(c) the provision of veterinary services for such horses,

(d) the disposal pursuant to a direction of the local authority in whose functional area a horse is detained or of the Superintendent, as the case may be, of a horse where the owner or keeper is unknown or cannot be found and the time after which such disposal shall take place,

(e) the disposal pursuant to a direction of the local authority in whose functional area a horse is detained or of the Superintendent, as the case may be, of a horse where the owner or keeper is known and can be readily found, and where the owner or keeper, on request of the local authority, Superintendent or person in charge of a pound or place where a horse is detained within such time as may be specified in the bye-laws—

(i) fails to pay any fees specified in bye-laws made under this subsection, or

(ii) fails to produce, where appropriate, a horse licence for the time being in force in respect of the horse granted by that local authority or another relevant local authority if the horse is kept in a control area declared by that authority or another authority, or

(iii) fails to remove the horse,

(f) the disposal pursuant to a direction of the local authority in whose functional area a horse is detained or of the Superintendent, as the case may be, where the release of a horse is refused under subsection (5), and the time after which such disposal shall take place,

(g) such other matters as it considers relevant.

(3) A local authority may recover as a simple contract debt in any court of competent jurisdiction from any person by whom it is payable any amount due and owing to it under this section.

(4) A local authority or a Superintendent may enter into arrangements with any person (including a pound keeper) in respect of the acceptance, detention and disposal of horses detained under section 37 .

(5) A local authority or a Superintendent or a person referred to in subsection (4) may refuse to release any horse detained under section 37 where it or he or she, as the case may be—

(a) is not satisfied that adequate accommodation and sustenance, or if detained under section 37 (2) adequate veterinary attention, will be provided for the horse, or

(b) has reason to believe that the horse will be cruelly treated,

following such release.

(6) Where a horse is to be disposed of under subsection (2) (f) or section 40 by way of sale or auction, the local authority or the Superintendent concerned shall take reasonable steps to ensure that the horse is not sold to the owner or keeper of the horse at the time it was seized under section 37 or any person acting on his or her behalf.

(7) Where a local authority decides to destroy, or has entered into arrangements under subsection (4) for the destruction of, a horse detained under section 37 it shall endeavour to ensure that the horse is humanely destroyed.

(8) Section 8 of the Pounds (Provision and Maintenance) Act, 1935 , and section 5 (3) of the Animals Act, 1985 , shall not apply to horses detained under section 37 .

Disposal of horses detained on 3 or more occasions.

40. —(1) A horse which has been detained under section 37 and which has previously been detained on two or more occasions within a period of 12 months under that section may be disposed of as the local authority in whose functional area the horse has been detained or the Superintendent, as the case may be, sees fit where that authority or Superintendent is of the opinion that—

(a) the owner or keeper of the horse is not exercising adequate control over the horse so as to prevent it straying, causing a nuisance, or posing a danger to persons or property, or

(b) such horse is likely to be in a public place whilst not—

(i) under adequate control, or

(ii) identifiable or capable of identification as may be required by section 28 .

(2) (a) A local authority may in bye-laws specify the fees to be paid by the owner or keeper of a horse which is detained within its functional area and which is to be disposed of under this section (including fees in respect of the keeping and any transportation of, or veterinary services provided to, such horse).

(b) A local authority may recover as a simple contract debt in any court of competent jurisdiction from any person by whom it is payable any amount due and owing to it under this subsection.

(3) Where a local authority or a Superintendent proposes to dispose of a horse under this section the authority or the Superintendent, as the case may be, shall display publicly a notice to that effect at the place where the horse is detained and in such other places (if any) as it or he or she sees fit and shall send a notice in writing to the owner or keeper (whose whereabouts is known and can be readily found) of the horse, stating that at any time after the expiration of 5 days, or such longer period as may be stated in the notice, from the publication of the first-mentioned notice it is intended to dispose of the horse and the reasons for and the nature of the proposed disposal and that the owner or keeper may within that period make representations (including representations to the effect that the owner of the horse was not the owner of the horse on any previous occasion when it was detained under section 37 during the aforesaid period of 12 months) to the local authority or the Superintendent, as the case may be, against the proposal.

(4) Where a local authority or a Superintendent having considered any representations that may have been made to it or him or her under subsection (3) decides to dispose of a horse under this section the authority or the Superintendent, as the case may be, shall notify any person who has made such representations of the decision and the person may within 7 days of such notification appeal against the decision to the judge of the District Court within whose district court district the horse is detained.

(5) A decision to dispose of a horse under this section shall not take effect until after any representations under subsection (3) have been considered and the expiration of the period allowed for the appeal under subsection (4).

(6) Where an appeal is made under subsection (4) against a decision to dispose of a horse, the decision shall stand suspended until the appeal is determined or withdrawn.

(7) On the hearing of the appeal under subsection (4) in relation to a decision of a local authority or a Superintendent to dispose of a horse, the District Court may either confirm the decision or allow the appeal.

(8) A decision of the District Court on an appeal under subsection (4) shall be final save that by leave of the Court, an appeal from the decision shall lie to the High Court on a specified question of law.

Destruction of detained horses which are in pain, distress or acute state of neglect, etc.

41. —Where in relation to any horse detained under section 37 , after veterinary examination, it is the opinion of the veterinary surgeon making the examination that the horse is in such pain or distress or state of acute neglect or so severely injured or diseased that it would be in the interests of the welfare of the horse, or the safety, health or welfare of other animals or persons it may come into contact with, to have it humanely destroyed, the local authority in whose functional area the horse is detained or the Superintendent or a person authorised by the authority or Superintendent, as the case may be, may direct that the horse be so destroyed immediately or as soon as may be.

Register of seized or detained horses.

42. —(1) Every local authority shall cause to be established and maintained a register of all horses seized and detained in its functional area which come into its possession.

(2) Every Superintendent shall cause to be established and maintained a register of all horses seized or detained by a member of the Garda Síochána under that Superintendent's control.

(3) Every register maintained under this section shall contain at least the following particulars, that is to say:

(a) an identification reference,

(b) a description of the horse,

(c) the date of the seizure or detention of the horse,

(d) particulars of the manner in which the horse is dealt with,

(e) details of the person by whom a horse is reclaimed,

(f) particulars of where the horse is detained.

Prohibition on sale of horse to minor under 16 years of age.

43. —(1) A person who sells or offers to sell a horse to a person apparently under the age of 16 years shall be guilty of an offence.

(2) In this section “sell” and “sells” includes barter, exchange and other transactions by which a horse is disposed of for value.

Consequential amendment to section 24 of Protection of Animals (Amendment) Act, 1965.

44. Section 24 of the Protection of Animals (Amendment) Act, 1965 , is hereby amended by the insertion after “animal” of “(other than a horse)” and the said section as so amended is set out in the Table to this section.

TABLE

24. If any person sells an animal (other than a horse) as a pet to a person apparently under the age of twelve years he shall be guilty of an offence under this Part.

Criminal liability for injury or damage caused by horses.

45. —(1) The owner, keeper or person in charge or control of a horse who wilfully or recklessly permits the horse to pose a danger to a person or property or to cause injury to a person or damage to any property shall be guilty of an offence.

(2) A person who wilfully or recklessly causes a horse to pose a danger to a person or property or to injure a person or damage any property shall be guilty of an offence.

Bye-laws for control and welfare of horses.

46. —(1) A local authority may make bye-laws for the control and welfare of horses in the whole or part of its functional area.

(2) Without prejudice to the generality of subsection (1), bye-laws made under this section may—

(a) specify the manner in which a horse is to be kept under control by a person having charge or control of it in a public place (including a market or fair) or other place so as to prevent injury or nuisance to persons or damage to property,

(b) specify the manner and conditions in which a horse is to be kept (including the stabling, feeding and watering of the horse) in any place (including a market or fair),

(c) specify the measures to be taken by the owner or keeper of a horse to prevent a nuisance being caused to persons occupying any premises adjacent to or in the vicinity of the place where the horse is usually kept.

(3) A person who fails to comply with any bye-law made under this section shall be guilty of an offence.

Exclusion of horses from certain areas by bye-laws.

47. —(1) Subject to subsection (2), a local authority may, where it considers that, in any place or area within its functional area, horses are causing or may cause a nuisance or danger to persons or damage to property, make bye-laws to prohibit a person from having, keeping, riding or driving a horse in that place or area at any time or at such times as may be specified in the bye-laws.

(2) Bye-laws made under this section shall not apply to such class or classes of persons or in such circumstances as may be specified in the bye-laws.

(3) A person who contravenes any bye-law made under this section shall be guilty of an offence.

(4) An authorised person or a member of the Garda Síochána may require a person whom the authorised person or member has reason to suspect is contravening any bye-law made under this section to remove immediately the horse from the area to which the prohibition applies.

(5) A person who, without reasonable excuse, fails to comply with a requirement under subsection (4) shall be guilty of an offence.