Riding Establishments (Inspection) Act 1968

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1968/1968-0010/RidingEstablishmentsInspectionAct1968_1.pdf
Published: 2012-09-01

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Riding Establishments (Inspection) Act 1968

c i e
AT 10 of 1968

RIDING ESTABLISHMENTS (INSPECTION)

ACT 1968

Riding Establishments (Inspection) Act 1968 Index


c AT 10 of 1968 Page 3

c i e
RIDING ESTABLISHMENTS (INSPECTION) ACT 1968

Index Section Page

1 Licensing of riding establishments ............................................................................... 5
2 Inspection of riding establishments ............................................................................. 8
3 Offences ............................................................................................................................ 9
4 Penalties ......................................................................................................................... 10
5 Appeals .......................................................................................................................... 10
6 Interpretation ................................................................................................................. 11
7 [Repealed] ...................................................................................................................... 12
8 Short title and commencement ................................................................................... 12
SCHEDULE 13

PROVISIONS AS TO APPEALS UNDER SECTION ONE OR SECTION FOUR
OF THIS ACT 13
ENDNOTES 15

TABLE OF LEGISLATION HISTORY 15
TABLE OF RENUMBERED PROVISIONS 15
TABLE OF ENDNOTE REFERENCES 15

Riding Establishments (Inspection) Act 1968 Section 1


c AT 10 of 1968 Page 5

c i e
RIDING ESTABLISHMENTS (INSPECTION) ACT 1968

Received Royal Assent: 8 May 1968
Passed: 18 June 1968
Commenced: 18 June 1968
AN ACT
to prohibit the keeping of a riding establishment except under the
authority of a licence granted in accordance with the provisions of this Act and
providing for the inspection thereof.
GENERAL NOTES

1. The maximum fines in this Act are as increased by the Criminal Justice (Penalties,
Etc.) Act 1993 s.1.
Act 1993 s 1.
2. References to a Board of Tynwald are to be construed in accordance with the
Government Departments Act 1987 s 7.
1 Licensing of riding establishments

[1964/1; 1970/32/2]
(1) No person shall keep a riding establishment except under the authority
of a licence granted in accordance with the provisions of this Act.
(2) The Department may on application being made for that purpose by a
person who is an individual over the age of eighteen years or a body
corporate, on payment of a fee of £207, grant a licence to that person to
keep a riding establishment at such premises within the Isle of Man as
may be specified in the application:
Provided that such individual or body corporate appears to the
Department to be suitable or qualified, either by experience in the
management of horses or otherwise, to be the holder of such a licence
and that such licence shall be of no effect or, as the case may be, shall
cease to have effect if the person to whom it is granted is or becomes
disqualified under section 5 of the Cruelty to Animals Act 1997, from
having the custody of animals.1

Section 1 Riding Establishments (Inspection) Act 1968


Page 6 AT 10 of 1968 c

(3) In determining whether to grant a licence for the keeping of a riding
establishment by any person at any premises the Department shall in
particular (but without prejudice to their discretion to withhold a licence
on any grounds) have regard to —
(a) whether that person appears to them to be suitable and qualified,
either by experience in the management of horses or by being the
holder of an approved certificate or by employing in the
management of the riding establishment a person so qualified, to
be the holder of such a licence; and
(b) the need for securing —
(i) that paramount consideration will be given to the
condition of the horses and that they will be maintained in
good health, and in all respects physically fit and that, in
the case of a horse kept for the purpose of its being let out
on hire for riding or a horse kept for the purpose of its
being used in providing instruction in riding, the horse
will be suitable for the purpose for which it is kept;
(ii) that the feet of all horses are properly trimmed and that, if
shod, their shoes are properly fitted and in good condition;
(iii) that there will be available at all times, accommodation
sufficient for horses which are to be kept stabled, and
suitable as respects construction, size, number of
occupants, lighting, ventilation, drainage and cleanliness
and that these requirements be complied with not only in
the case of new buildings but also in the case of buildings
converted for use as stabling;
(iv) that in the case of horses maintained at grass there will be
available for them at all times during which they are so
maintained adequate pasture and shelter and water and
that supplementary feeds will be provided as and when
required;
(v) that horses will be adequately supplied with suitable food,
drink and (except in the case of horses maintained at grass,
so long as they are so maintained) bedding material, and
will be adequately exercised, groomed and rested and
visited at suitable intervals;
(vi) that all reasonable precautions will be taken to prevent and
control the spread among horses of infectious or
contagious diseases and that veterinary first aid equipment
and medicines will be provided and maintained in the
premises;
(vii) that appropriate steps will be taken for the protection and
extrication of horses in case of fire and, in particular, that
the name, address and telephone number of the licence
Riding Establishments (Inspection) Act 1968 Section 1


c AT 10 of 1968 Page 7

holder or some other responsible person will be kept
displayed in a prominent position on the outside of the
premises and that instructions as to action to be taken in
the event of fire, with particular regard to the extrication of
horses, will be kept displayed in a prominent position on
the outside of the premises;
(viii) that adequate accommodation will be provided for forage,
bedding, stable equipment and saddlery;
(ix) that saddlery and other equipment used for the riding of
horses will be kept in such a condition as not to cause
danger to riders or other persons or danger or suffering to
horses;
(x) that protective headgear will be provided for all riders, and
advice given by clearly visible notices and otherwise as to
the need to wear such headgear;
(xi) that, where necessary, suitable warning devices are
available for both horses and persons leading and riding
them, and advice given by clearly visible notices and
otherwise as to the need to use such devices on roads
during the hours of darkness;
(xii) that, where groups of horses are ridden or led on roads,
they should be supervised by a sufficient number of
experienced persons aged 16 years or over who the holder
of the licence is satisfied are competent to do so;
(xiii) where instruction in riding is provided in return for
payment, that a suitable place is available for that
instruction;
and shall specify such conditions in the licence, if granted by them, as
appear to the Department necessary or expedient in the particular case
for securing all the objects specified in paragraph (b).2

(3A) Without prejudice to subsection (2) or (3), every licence granted under
this Act after the 31st March 1986 shall be subject to the following
conditions, namely —
(a) a horse found on inspection of the premises by an authorised
officer to be in need of veterinary attention shall not be returned
to work until the holder of the licence has obtained at his own
expense and has lodged with the Department a veterinary
certificate that the horse is fit for work;3

(b) no horse will be let out on hire for riding or used for providing
instruction in riding without supervision by a responsible person
of the age of 16 years or over, unless (in the case of a horse let out
for hire for riding) the holder of the licence is satisfied that the
hirer of the horse is competent to ride without supervision;
Section 2 Riding Establishments (Inspection) Act 1968


Page 8 AT 10 of 1968 c

(c) the carrying on of the business of a riding establishment shall at
no time be left in the charge of any person under 16 years of age;
(d) the licence holder shall hold a current insurance policy which
insures him against liability for any injury sustained by those who
hire a horse from him for riding and those who use a horse in the
course of receiving from him, in return for payment, instruction in
riding and arising out of the hire or use of a horse as aforesaid
and which also insures such persons in respect of any liability
which may be incurred by them in respect of injury to any person
caused by, or arising out of, the hire or use of a horse as aforesaid;
(e) a register shall be kept by the licence holder of all horses in his
possession whose permanent lateral incisor teeth have not
erupted and which are usually kept on the premises, and shall be
available for inspection by an authorised officer at all reasonable
times.4

(4) Any such licence shall come into operation on the day on which it is
granted and shall continue in operation until and including the thirty-
first day of March then next ensuing and shall then expire.
(5) In the event of the death of a person who immediately before his death
was keeping a riding establishment at any premises under the authority
of a licence granted under this Act, that licence shall be deemed to have
been granted to his personal representatives in respect of those premises
and shall remain in force for the remainder of the then current period:
Provided that the Department may from time to time on the application
of those representatives, extend or further extend the period granted by
the said licence if the Department are satisfied that the extension is
necessary for the purpose of winding up the deceased’s estate and that
there are no circumstances making it undesirable.5

(6) Any person who contravenes the provisions of subsection (1) of this
section shall be guilty of an offence; and if any condition to which a
licence under this Act is subject by virtue of subsection (3) or (3A) is
contravened or not complied with, the person to whom the licence is
granted shall be guilty of an offence.6

(7) Any person aggrieved by the refusal of the Department to grant or renew
a licence under the provisions of this Act, or by any condition specified
in a licence by virtue of subsection (3), may appeal to the tribunal
constituted under the provisions of section five of this Act.7

2 Inspection of riding establishments

[1964/2]
(1) The Department shall, subject to the provisions of this section, authorise
in writing any such person as the following, namely an official of the
Department who is a veterinary surgeon, to inspect at periods of at least
Riding Establishments (Inspection) Act 1968 Section 3


c AT 10 of 1968 Page 9

every six months, any such premises in the Isle of Man as the following,
that is to say —
(a) any premises where they have reason to believe a person is
keeping a riding establishment;
(b) any premises as respects which a licence granted in accordance
with the provisions of this Act is for the time being in force; and
(c) any premises in respect of which an application for a licence has
been made.8

(2) Any person authorised under this section may, on producing his
authority if so required, enter at all reasonable times any premises which
he is authorised under this section to enter and inspect them and any
horses found thereon or anything therein for the purpose of making a
report to the Department —
(a) as to whether a riding establishment is being kept on the
premises; and
(b) the condition of any horses found thereon.9

(3) Any person who —
(a) wilfully obstructs or delays any person in the exercise of his
powers of entry or inspection conferred by subsection (2) above;
or
(b) with intent to avoid inspection under this section, conceals, or
causes to be concealed, any horse maintained by the riding
establishment,
shall be guilty of an offence under this Act.
3 Offences

[1970/32/3]
If any person —
(a) lets out on hire, uses for riding instruction or for demonstration
purposes any horse which is in such a condition that the purpose
for which it is being used would be likely to cause suffering; or
(aa) lets out on hire for riding or uses for the purpose of providing, in
return for payment, instruction in riding or for the purpose of
demonstrating riding any horse whose permanent lateral incisor
teeth have not erupted or any mare heavy with foal or any mare
within 3 months after foaling;10

(b) supplies for a horse let out on hire by him riding equipment
which suffers from a defect, apparent on inspection, which is
likely to cause an accident to the rider or suffering to the horse; or
(c) fails to provide such curative care as may be suitable, if any, for a
sick or injured horse which is kept by him with a view to its being
Section 4 Riding Establishments (Inspection) Act 1968


Page 10 AT 10 of 1968 c

let out on hire, used for riding instruction or for demonstration
purposes; or
(d) in keeping a riding establishment, knowingly permits any person
who is disqualified under this Act from keeping a riding
establishment to have control or management of the
establishment; or
(e) with intent to avoid inspection under section two of this Act,
conceals or causes to be concealed any horse maintained by the
riding establishment,
he shall be guilty of an offence under this Act.
4 Penalties

(1) Any person guilty of an offence under any provision of this Act other
than section two (3) hereof shall be liable on summary conviction to a
fine not exceeding £2,500.11

(2) Any person guilty of an offence under section two (3) of this Act shall be
liable on summary conviction to a fine not exceeding £1,000.12

(3) Where a person is convicted of any offence under this Act or of any
offence under section 6 of the Cruelty to Animals Act 1997, the
Department may cancel any licence held by him under this Act and may,
whether or not he is the holder of such a licence, disqualify him from
keeping a riding establishment for such period as the Department
thinks fit.13

(4) If the Department has ordered the cancellation of a person’s licence or his
disqualification in pursuance of the last foregoing subsection, the
Department may, if it thinks fit, suspend the operation of the cancellation
or disqualification until the expiration of the time for appealing against
conviction or for appealing under the next following subsection or, if any
such appeal is entered, until the determination thereof.14

(5) Any person aggrieved by the decision of the Department under
subsection (3) of this section may appeal to the tribunal constituted
under the provisions of section five of this Act.15

5 Appeals

(1) There shall be constituted an appeal tribunal to be called the Riding
Establishments Appeal Tribunal and to consist of a chairman and two
other members appointed from time to time in accordance with the
Tribunals Act 2006.16

(2) The provisions as to appeals set forth in the Schedule to this Act shall
apply to appeals to the tribunal under section one or section four of
this Act.
Riding Establishments (Inspection) Act 1968 Section 6


c AT 10 of 1968 Page 11

6 Interpretation

(1) References in this Act to the keeping of a riding establishment shall,
subject to the provisions of this section, be construed as references to the
carrying on of a business of keeping horses for either or both of the
following purposes, that is to say, for the purpose of their being let out
on hire for riding, or for the purpose of their being used in providing, in
return for payment, instruction in riding, but not as including a reference
to the carrying on of such a business in a case where the premises where
the horses employed for the purposes of the business are kept, are
occupied by or under the management of any Board of Tynwald or of
Her Majesty’s Government in the Isle of Man or any department thereof.
(2) For the purposes of this Act a person keeping a riding establishment
shall be taken to keep it at the premises where the horses employed for
the purposes of the business are kept.
(3) In this Act the following words and expressions have the meanings
hereinafter respectively assigned to them, that is to say —
“approved certificate
” means —
(a) any of the following certificates issued by the British Horse
Society, namely, assistant instructor’s certificate, instructor’s
certificate and fellowship;
(b) fellowship of the Institute of the Horse;
(c) any other certificate for the time being prescribed by order of the
Department;17

“authorised officer
” means a person authorised by the Department under
section 2;18

“Board
” [Repealed]19

“Department
” means the Department of Environment, Food and Agriculture;20

“horse
” includes any mare, gelding, pony, foal, colt, filly or stallion and also
any ass, mule or jennet;
“premises
” includes land;
“tribunal
” means the Riding Establishments Appeal Tribunal constituted under
the provisions of section five of this Act;
“veterinary practitioner
” [Repealed]21

“veterinary surgeon
” has the meaning given by section 1(1) of the Veterinary
Surgeons Act 2005;22

Section 7 Riding Establishments (Inspection) Act 1968


Page 12 AT 10 of 1968 c

7 [Repealed]
23

8 Short title and commencement

(1) This Act may be cited as the Riding Establishments (Inspection) Act,
1968.
(2) This Act shall come into operation when the Royal Assent thereto has
been by the Governor announced to Tynwald and a certificate thereof
has been signed by the Governor and the Speaker of the House of Keys.
Riding Establishments (Inspection) Act 1968 Schedule



c AT 10 of 1968 Page 13

SCHEDULE

PROVISIONS AS TO APPEALS UNDER SECTION ONE OR

SECTION FOUR OF THIS ACT

Section 5
1. The Department shall assign to the tribunal a clerk of the tribunal.24

2. Notice of an appeal signed by the appellant or by his agent on his behalf and
stating the general grounds of the appeal shall be given by him to the clerk of the
tribunal and also to the Department.25

3. A notice of appeal shall be given within 14 days after the date on which the
appellant has received notice of the decision of the Department in respect of which he
is aggrieved or, where he has appealed against a conviction for an offence under this
Act or under section 6 of the Cruelty to Animals Act 1997, within 14 days after the date
of the determination of that appeal.26

4. On receiving notice of an appeal the clerk of the tribunal shall enter the appeal
and give notice to the appellant and to the Department of the date, time and place fixed
for the hearing.27

5. An appellant may at any time, not less than two clear days before the date fixed
for the hearing, abandon the appeal by giving notice in writing to the clerk of the
tribunal and to the Department and, in the event of any such abandonment, the
tribunal may order the appellant to pay to the Department such costs as appear to the
Department to be just and reasonable in respect of the expenses properly incurred by
the Department in connection with the appeal before notice of the abandonment was
given to the Department.28

6. Any member or officer of the Department may appear and be heard at the
hearing of an appeal.29

7. The tribunal may from time to time adjourn the hearing of an appeal.
8. On the hearing of an appeal the tribunal may either dismiss the appeal or give
to the Department such directions as the tribunal thinks fit as respects the licence
which is the subject of the appeal, which directions shall be carried into effect by the
Department.30

9. On the determination of an appeal the tribunal may make such order as to
payment of costs as the tribunal thinks fit, or may fix a sum to be paid by way of costs
in lieu of directing a taxation thereof and any costs ordered to be paid by the tribunal
may be recovered summarily as a civil debt and shall not be recoverable in any other
manner.
Schedule
Riding Establishments (Inspection) Act 1968


Page 14 AT 10 of 1968 c

10. The tribunal may —
(a) by summons require any person to attend at such time and place
as is set forth in the summons, to give evidence or to produce any
documents in his custody or under his control which are relevant
to the subject matter of the appeal;
(b) take evidence on oath, and for that purpose the chairman of the
tribunal may administer oaths or may, instead of administering
an oath, require the person examined to make and submit a
declaration of the truth of the matter in respect of which he is
examined; and
(c) by order require any person who appears to the tribunal to have
knowledge of the subject matter of the appeal, to furnish in
writing or otherwise such particulars in relation thereto as the
tribunal may require and, where necessary, to attend before the
tribunal and give evidence on oath.
11. Subject as aforesaid, the tribunal shall regulate its own procedure.
Riding Establishments (Inspection) Act 1968 Endnotes


c AT 10 of 1968 Page 15

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (2) amended by GC121/86, by Cruelty to Animals Act 1997 Sch 5 and by
SD63/13. 2
Subs (3) substituted by Riding Establishments Act 1986 s 1 and amended by
GC121/86. 3
Para (a) amended by GC121/86. 4
Subs (3A) inserted by Riding Establishments Act 1986 s 1. 5
Subs (5) amended by GC121/86. 6
Subs (6) amended by Riding Establishments Act 1986 s 1. 7
Subs (7) amended by Riding Establishments Act 1986 s 1 and by GC121/86. 8
Subs (1) amended by GC121/86 and by Veterinary Surgeons Act 2005 Schs 2 and 3. 9
Subs (2) amended by GC121/86. 10
Para (aa) inserted by Riding Establishments Act 1986 s 2. 11
Subs (1) amended by Riding Establishments Act 1986 s 2. 12
Subs (2) amended by Riding Establishments Act 1986 s 2. 13
Subs (3) amended by GC121/86 and by Cruelty to Animals Act 1997 Sch 5. 14
Subs (4) amended by GC121/86. 15
Subs (5) amended by GC121/86. 16
Subs (1) amended by Tribunals Act 2006 Sch 3. 17
Definition of “approved certificate” inserted by Riding Establishments Act 1986 s 3
Para (c) amended by GC121/86. 18
Definition of “authorised officer” inserted by Riding Establishments Act 1986 s3 and
amended by GC121/86. 19
Definition of “Board” repealed by GC121/86.
Endnotes Riding Establishments (Inspection) Act 1968


Page 16 AT 10 of 1968 c

20
Definition of “Department” inserted by GC121/86 and amended by SD155/10 Sch 3. 21
Definition of “veterinary practitioner” repealed by Veterinary Surgeons Act 2005
Schs 2 and 3. 22
Definition of “veterinary surgeon” substituted by Veterinary Surgeons Act 2005 Sch
2. 23
S 7 repealed by Riding Establishments Act 1986 s 3. 24
Para 1 amended by GC121/86. 25
Para 2 amended by GC121/86. 26
Para 3 amended by GC121/86 and by Cruelty to Animals Act 1997 Sch 5. 27
Para 4 amended by GC121/86. 28
Para 5 amended by GC121/86. 29
Para 6 amended by GC121/86. 30
Para 8 amended by GC121/86.