Control of Horses Act, 1996

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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 .