Exportation of Horses Act 1948

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1948/1948-0004/ExportationofHorsesAct1948_1.pdf
Published: 2012-09-01

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Exportation of Horses Act 1948

c i e
AT 4 of 1948

EXPORTATION OF HORSES ACT 1948

Exportation of Horses Act 1948 Index


c AT 4 of 1948 Page 3

c i e
EXPORTATION OF HORSES ACT 1948

Index Section Page

1 Prohibition of export of unfit horses ............................................................................ 5
2 Master to cause slaughter of injured horses with approved killing
instrument ........................................................................................................................ 7
3 Powers of entry ............................................................................................................... 7
4 Offences ............................................................................................................................ 7
5 Exemption of horses certified to be travelling for certain purposes........................ 7
6 Provisions as to orders ................................................................................................... 8
7 Interpretation ................................................................................................................... 8
8 Short title .......................................................................................................................... 8
9 Commencement .............................................................................................................. 8
ENDNOTES 9

TABLE OF LEGISLATION HISTORY 9
TABLE OF RENUMBERED PROVISIONS 9
TABLE OF ENDNOTE REFERENCES 9

Exportation of Horses Act 1948 Section 1


c AT 4 of 1948 Page 5

c i e
EXPORTATION OF HORSES ACT 1948

Received Royal Assent: 5 August 1948
Passed: 19 October 1948
Commenced: 19 October 1948
AN ACT
to amend the law with respect to the exportation of horses and for
purposes connected therewith.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Welfare of
Animals Act 1981, by the Fines Act 1986 and by the Criminal Justice (Penalties, Etc.) Act
1993 s 1.
1 Prohibition of export of unfit horses

[1910/1]
(1) It shall not be lawful, except as in this Act provided, and in such cases as
may be prescribed by Order of the Department, to send, or attempt to
send, to a destination outside the Isle of Man and the United Kingdom,
any horse unless immediately before exportation the horse has been
examined by the inspector and has been certified in writing by him
to be —
(a) capable of being conveyed by sea or air and disembarked without
cruelty;
(b) capable of being worked without suffering; and
(c) in any of the cases hereinafter mentioned to be in the opinion of
the inspector not more than twelve years of age, and of not less
value than the respective amounts hereinafter specified.
The cases last hereinbefore referred to are where the inspector is satisfied
that the animal is —
(a) a heavy draught horse;
(b) a vanner, mule or jennet; or
(c) an ass,
and the amounts above referred to in relation to the foregoing
paragraph (a), (b) and (c) respectively are twenty-five pounds, twenty
Section 1 Exportation of Horses Act 1948


Page 6 AT 4 of 1948 c

pounds and three pounds, or such other amounts as may be prescribed
by Order of the Department.
Provided also that the foregoing provisions of this subsection relating to
age and value shall not apply in the case of any horse as to which the
inspector is satisfied either —
(a) that it is intended to use the horse as a performing animal; or
(b) that the horse is registered in the stud book of a society for the
encouragement of horse breeding recognised by the Minister of
Agriculture and Fisheries or the Secretary of State concerned with
agriculture in Scotland or Northern Ireland or the Department
and is intended to be used for breeding or exhibition purposes; or1

(c) that the horse is a foal at foot accompanying such a horse as is
referred to in the last foregoing paragraph; or
(d) that the horse is to be sent to a home or institution where the
animal will receive proper care and attention.2

(2) There shall be paid to the Department, or to such person as the
Department may direct, in respect of such examination and before it
takes place, such fees as may be prescribed by Order of the Department.3

(3) Such certificate shall be delivered at the time of exportation to the master
of the vessel or the pilot of the aircraft on which the animal is to be
transported, who shall on demand produce the same to the inspector or
any constable, and allow such person to take a copy of, or extract from,
the certificate.
(4) If any horse examined under this Act is found by the inspector to be in
such a physical condition that it is cruel to keep it alive, or to be
permanently incapable of being worked without suffering, the inspector
shall forthwith slaughter it, or cause it to be slaughtered by a
mechanically operated instrument suitable and sufficient for the
purpose, and no compensation shall be made to the owner of the said
animal.
(5) The inspector may, for the purposes of identification, mark a horse
certified by him under this section in such manner as the Department
may by Order prescribe.4

(6) If any person, with a view to evading the provisions of this Act, marks a
horse with the prescribed mark, or with any mark so nearly resembling it
as to be calculated to deceive, he shall be guilty of an offence against the
provisions of this Act.
Exportation of Horses Act 1948 Section 2


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2 Master to cause slaughter of injured horses with approved killing

instrument

[1910/3]
If any horse has a limb broken or is otherwise seriously injured while on board
the vessel so as to be incapable of being disembarked without cruelty, the
master of the vessel shall forthwith cause the animal to be slaughtered, and
every vessel on which a horse is so shipped shall carry a proper killing
instrument, to be approved by the Department, for that purpose, and it shall be
the duty of the owner and master of every such vessel to see that the vessel is
provided with such an instrument, and the master, if so required by the
inspector, shall produce the instrument for his inspection.5

3 Powers of entry

[1910/4]
The inspector may enter any vessel or aircraft for the purpose of ascertaining
whether the provisions of this Act are being complied with.
4 Offences

[1910/6]
(1) If any person does anything, or omits to do anything, in contravention of
any of the provisions of this Act, or if the master of a vessel or the pilot of
an aircraft permits a horse to be transported therein in contravention of
this Act, he shall be deemed guilty of an offence against the provisions of
this Act, and shall be liable on summary conviction to imprisonment for
a term not exceeding 6 months or a fine not exceeding £5,000, or to both.6

(2) Where a person convicted of an offence against any of the provisions of
this Act is a body corporate, every person who at the time of the
commission of the offence was a director or officer of the body corporate
shall be deemed to be guilty of that offence, unless he proves that the
offence was committed without his knowledge, or that he exercised all
due diligence to prevent the commission of the offence.
5 Exemption of horses certified to be travelling for certain purposes

[1910/7]
The provisions of this Act shall not apply in the case of the exportation of any
thoroughbred horse certified in writing by a steward or the secretary of the
Jockey Club (being the authority responsible for controlling flat racing in Great
Britain) to be exported in order to be used for breeding purposes;
Provided that such certificate shall be delivered at the time of exportation to the
master of the vessel or the pilot of the aircraft on which the animal is
transported, who shall on demand produce the same to the inspector or any
constable, and allow such person to take a copy of or extract from the certificate.
Section 6 Exportation of Horses Act 1948


Page 8 AT 4 of 1948 c

6 Provisions as to orders

(1) Any order made by the Department under this Act shall be laid before
Tynwald as soon as may be after it has been made, but shall not take
effect until approved by resolution of Tynwald.7

(2) Any Order made by the Department under the provisions of this Act
may be varied or revoked by a subsequent Order made by the
Department.8

7 Interpretation

In this Act, unless the context otherwise requires, the following expressions
shall have the meanings hereby respectively assigned to them —
“Board
” [Repealed]9

“the Department
” means the Department of Environment, Food and
Agriculture.10

“Horse
” includes ass and mule.
“Inspector
” means any person appointed as an inspector under the provisions
of the Isle of Man Diseases of Animals (Prevention) Act, 1948, or any Act
amending the same.
“Master
” includes every person (except a pilot) having command or charge of
any ship.
“Vessel
” includes any ship or boat, or any other description of vessel used in
navigation.
8 Short title

This Act may be cited as the Exportation of Horses Act, 1948.
9 Commencement

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.
Exportation of Horses Act 1948 Endnotes


c AT 4 of 1948 Page 9

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Para (b) amended by GC121/86. 2
Subs (1) amended by GC121/86 and by Horse Welfare (Amendment) Act 1988 s 1. 3
Subs (2) amended by GC121/86. 4
Subs (5) amended by GC121/86. 5
S 2 amended by GC121/86. 6
Subs (1) amended by Welfare of Animals Act 1981 s 14. 7
Subs (1) amended by GC121/86. 8
Subs (2) amended by GC121/86. 9
Definition of ‘Board’ repealed by GC121/86. 10
Definition of ‘the Department’ inserted by GC121/86 and amended by SD155/10 Sch
3.