Citation and commencement

1. This Order, which may be cited as the Export of Horses (Excepted Cases) Order 1969, shall come into operation on 1st January 1970.

Interpretation

2.-(1) In this Order unless the context otherwise requires-

"the Act" means the Diseases of Animals Act 1950;

"horse" means a horse (including an ass and mule) over 14½ hands in height;

"local authority" means a local authority for the purposes of the Act;

"master" includes any person having the charge or command of a vessel except the pilot;

"the Minister", in its application to horses shipped or intended to be shipped from England and Wales, means the Minister of Agriculture, Fisheries and Food, and in its corresponding application to Scotland, means the Secretary of State;

"permit" means a permit issued by the Minister under the provisions of this Order;

"pilot", in relation to an aircraft, means the pilot or other person having the command or charge of the aircraft;

"shipped" means carried by sea or by air and "shipment" shall be construed accordingly;

"veterinary inspector" means a veterinary inspector appointed by the Minister of Agriculture, Fisheries and Food.

(2) The Interpretation Act 1889 applies to the interpretation of this Order as it applies to the interpretation of an Act of Parliament, and as if this Order and the Order hereby revoked were Acts of Parliament.

Exemption of certain horses from examination before export

3. Section 37(1) of the Act, as adapted to air transport by section 11 of the Agriculture (Miscellaneous Provisions) Act 1954 and as amended by section 1 of the Ponies Act 1969 (which as so adapted and amended requires any horse over 14½ hands in height and a foal travelling with its dam if the dam is over that height shipped from any port or aerodrome in Great Britain to any port or aerodrome outside the United Kingdom, the Channel Islands and the Isle of Man to be examined by a veterinary inspector immediately before being shipped), shall not apply to-

(a)any horse shipped to any port or aerodrome which is in the Republic of Ireland or which is not in Europe, and any foal travelling with its dam if the dam is such a horse;

(b)any horse which the Minister is satisfied is intended for exhibition, breeding, racing, jumping, riding or polo; or

(c)a foal travelling with its dam if the dam is any such horse as is referred to in paragraph (b) of this Article.

Provided that in every case in which paragraph (b) or (c) of this Article shall apply, a permit authorising the shipment of the horse shall be obtained before shipment takes place.

Provisions as to permits authorising shipment

4.-(1) An application for a permit authorising shipment of a horse shall be made to the Minister 7 days before the proposed date of shipment (or within such lesser period as the Minister may at his discretion allow), in such form as the Minister may require, and the applicant for the permit shall furnish to the Minister if requested to do so such information and evidence as the Minister may require to satisfy himself that the case falls within the terms of paragraph (b) or (c) of Article 3 of this Order.

(2) A permit shall be delivered at the time of shipment to the master of the vessel or the pilot of the aircraft on which the horse to which the permit relates is shipped, who shall on demand produce the same to any police officer, officer of the Minister or Customs and Excise or an inspector of the local authority and allow such person to take a copy of or extract from the permit, and if the master or pilot fails to do so, or allows the hose to be shipped without delivery of the permit, he shall be guilty of an offence against the Act.

Local Authority to enforce Order

5. This Order shall, except where it is otherwise provided, be executed and enforced by the local authority.

Revocation

6.-(1) The Export of Horses (Excepted Cases) Order 1966 (3) is hereby revoked.

(2) Any permit insofar as it relates to a horse as defined by this Order or to a foal travelling with its dam where the dam is such a horse made or having effect under the aforesaid Order, if in force immediately before the coming into operation of this Order, shall thenceforth have effect under and by virtue of this Article.

EXPLANATORY NOTE

This Order revokes and re-enacts with modifications the Export of Horses (Excepted Cases) Order 1966.

By its terms, there are exempted from examination by a veterinary inspector (as required by section 37(1) (as amended) of the Diseases of Animals Act 1950 for horses over 14½ hands in height intended for export) (1) horses intended for export by sea or air to the Republic of Ireland or to any place outside Europe. (2) horses intended for export to Europe which the Minister of Agriculture, Fisheries and Food or the Secretary of State for Scotland is satisfied are intended for exhibition, breeding or various sporting purposes, and (3) foals travelling with their dams when the dams fall within a category above described.

In all cases, (other than accompanying foals), these exemptions relate to horses over 14½ hand in height.