Control of Horses Act 2015 (c. 23)

(1) After section 7 of the Animals Act 1971 insert— (1) A local authority in England may detain a horse which is in any public place in its area, if the conditions in subsection (2) are met. (2) The conditions are— (a) the local authority has reasonable grounds for believing that the horse is there without lawful authority, and (b) if the land is lawfully occupied by a person— (i) that person consents to the detention of the horse, or (ii) the local authority has reasonable grounds for believing that that person would consent to the detention of the horse (but this does not require the authority to seek consent). (3) Section 7C contains further provision about detention under this section. (4) In this section “ local authority ” means— (a) a county council, (b) a district council, (c) a London borough council, (d) the Common Council of the City of London, and (e) the Council of the Isles of Scilly. ” (2) In section 7 of that Act (detention and sale of trespassing livestock), at the end insert— “ (8) Subsections (2) to (7) do not apply to horses on land in England (as to which, see sections 7A to 7C). ” (3) In section 11 of that Act (interpretation)— (a) after the definition of “fencing” insert— “ “ horse ” includes an ass, mule or hinny; ” ; (b) in the definition of “livestock” omit “asses, mules, hinnies,”; (c) after the definition of “poultry” insert— “ “ public place ” includes— (a) any common land or town or village green; (b) any highway (and the verges of any highway); ” .

After section 7A of the Animals Act 1971 (as inserted by section 1 of this Act), insert— (1) This section applies where a horse is on any land in England without lawful authority. (2) The horse may be detained— (a) in any case, by the occupier of the land, and (b) if the freeholder is not the occupier, by the freeholder with the occupier's consent. (3) Section 7C contains further provision about detention under this section. ”