Liability under The Animal Welfare Act 2006

The Animal Welfare Act 2006 came into force in Wales on 27 March 2007 and in England on 6 April 2007 and requires those responsible for an animal, including horses, ponies and donkeys to ensure its welfare.

Under the Act you may be responsible for a horse if you have assumed responsibility for the day-to-day care of the horse or for its care for a specific purpose. You may therefore be responsible for a horse that you do not own if you are:

• The owner of a livery yard;
• The owner of a riding stables;
• The owner of land upon which other people graze their horses;
• Someone who transports horses;
• A member of staff at a surgery, boarding kennels or animal sanctuary you may have;

If you do not ensure the welfare of a horse for which you are responsible you will be guilty of an offence and may be served an improvement notice on you which specifies the ways in which you are failing to comply with your duties and the steps that you are required to take in order to comply with your duties.

If you have any concerns about your responsibilities or have been served with a notice we can advise you as to your duties and any steps you need to take to comply with those duties.

For guidance:

Depending on the purpose for which the horse is kept and any activity undertaken in relation to the horse, a horse's needs shall be taken to include-

1. its need for a suitable environment;

2. its need for a suitable diet;

3. its need to be able to exhibit normal behaviour patterns;

4. any need it has to be housed with, or apart from, other animals; and

5. its need to be protected from pain, suffering, injury and disease.

The Government intends to issue codes of practice on the tethering of horses, riding schools and livery yards but the dates on which these will be introduced are to be confirmed. At present it is advisable to comply with industry guidelines such as the Equine Industry Welfare Guidelines Compendium at www.newc.co.uk/codes/industry.php