Parliamentary.ai

Overview

The Control of Horses Bill aims to clarify the legal framework surrounding horses found on land in England without the owner's permission. It grants powers to local authorities, landowners, and occupiers to detain stray horses, and it establishes liability for damages and expenses caused by such horses.

Description

This bill amends the Animals Act 1971. Key changes include:

Powers of Detention:

• Local Authorities: Can detain horses found on public land in their area without lawful authority, with or without the landowner's consent (reasonable grounds for believing consent would be given are sufficient).
• Landowners/Occupiers: Can detain horses on their land without lawful authority; the occupier can always detain, while the freeholder needs the occupier's consent.
• Detention Period: Detention is limited to 24 hours unless notice is given to the police and the horse's owner (if known). If the owner claims the horse within 96 hours (excluding weekends and bank holidays) and pays any associated costs, the horse is returned. If not, ownership passes to the person who detained the horse.

Liability for Damages and Expenses:

• The horse's owner (defined as the person in possession) is liable for damage to land or property and for reasonable expenses incurred by those detaining the horse.
• Exceptions exist, such as for horses straying from a highway which are lawfully using the highway.

Government Spending

The bill's impact on government spending is not explicitly stated in the text. It is likely minimal, possibly involving administrative costs for local authorities regarding enforcement and potential legal challenges.

Groups Affected

• Local Authorities: Given new powers and responsibilities for dealing with stray horses.
• Landowners and Occupiers: Granted powers to detain horses and recover expenses, but also liable for damage caused by negligence during detention.
• Horse Owners: Potentially liable for damages and expenses caused by their horses, as well as losing ownership of their horse if not retrieved within 96 hours.
• Police: Involved in receiving notification of horse detentions.