40 Restriction on export of horses.E+W+S
(1)It is an offence against this Act to ship or attempt to ship any horse (which for the purpose of this section does not include a horse defined by this Act to be a pony) in any vessel or aircraft from any port or aerodrome in Great Britain to any port or aerodrome outside the British Islands unless the horse—
(a)immediately before shipment has been examined by a veterinary inspector appointed by the Minister for the purpose of conducting examinations under this section, and
(b)has been certified in writing by the inspector to comply with the conditions mentioned in subsection (2) below,
but this subsection shall not apply in such cases as may be prescribed by order of the Ministers.
A statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2)The conditions referred to in subsection (1) above are that the horse—
(a)is capable of being conveyed to the port or aerodrome outside the British Islands and disembarked without cruelty; and
(b)is capable of being worked without suffering.
(3)Where the inspector is satisfied that the horse is of one of the categories set out in the first column of the following table the conditions to be complied with shall include the condition that in the inspector’s opinion the horse—
(a)is not more than 8 years of age; and
(b)is of not less value than the amount specified in respect of it in the second column of that table, or such other amount as may be prescribed by order of the Ministers.
TABLE
| £ | ||
|---|---|---|
| A heavy draft horse | 715 | |
| A vanner, mule or jennet | 495 | |
| An ass | 220 |
(4)Subsection (3) above shall not apply in the case of any horse where the inspector is satisfied—
(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 Ministers, and is intended to be used for breeding or exhibition; or
(c)that the horse is a foal at foot accompanying such a horse as is referred to in paragraph (b) above.