Farriers (Registration) Act 1975

1 Functions of Farriers Company

The Worshipful Company of Farriers (hereinafter referred to as " the Company") shall have the general function of securing adequate standards of competence and conduct among persons engaged in the shoeing of horses (hereinafter referred to as " farriers ") and shall promote, encourage and advance the art and science of farriery and education in connection with the said art and science.

2 Farriers Registration Council

(1) There shall be established a body called the Farriers Registration Council (hereinafter referred to as "the Council") which shall be a body corporate with perpetual succession and a common seal and shall have the general function of carrying out the powers and duties conferred upon it by this Act.

(2) The provisions of Schedule 1 to this Act shall have effect for determining the constitution and powers of the Council and for regulating its proceedings.

3 Register of farriers

(1) The registrar appointed by the Council in accordance with the provisions of Schedule 1 to this Act shall establish and maintain a register which shall be divided into Parts as hereinafter provided.

(2) The registrar shall cause to be entered in the appropriate Part of the register the name and prescribed particulars of every person who, being qualified for registration, has applied in the prescribed manner for registration and has paid the prescribed fee.

(3) The register shall be kept at the offices of the Council and shall be made available for public inspection at all reasonable times without charge.

(4) The Council shall cause the register to be printed and published as often as it thinks fit.

4 Rules with respect to register

(1) The Council may make rules with respect to the form and keeping of the register, the making of entries therein and the removal of entries therefrom and, in particular—

(a) prescribing a fee to be charged on the entry of a name in the register or on the restoration of any entry to the register;

(b) prescribing a fee to be charged in respect of the retention in the register of the name of a person in any year subsequent to the year in which he was first registered ;

(c) authorising the registrar, notwithstanding anything in this Act, to refuse to make in, or restore to, the register any entry until a fee prescribed by rules under this section has been paid.

(2) Rules under this section may authorise the registrar to remove from the register the name of a person who, after such notices and warning as may be prescribed by the rules, fails to pay a fee prescribed under paragraph (b) of the foregoing subsection.

(3) If, within such period as may be prescribed by rules under this section, any person whose name has been removed from the register in accordance with rules made by virtue of the last foregoing subsection pays the fee due from him, together with such additional sum (if any) as may be so prescribed, his name shall be restored to the register and, if the Council so directs, shall be deemed for all purposes not to have been removed therefrom.

(4) Rules under this section prescribing fees may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in prescribed cases.

5 Fraudulent entries in the register

If any person wilfully procures or attempts to procure the entry of his name in the register by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either orally or in writing, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

6 Removal of names from register

The registrar shall remove from the register the names of—:

(a) every deceased person ;

(b) every person who has applied for his name to be removed; and

(c) every person whose name has been ordered to be removed under section 15 of this Act.

7 Qualifications for registration

(1) A person shall be entitled to be registered in Part I of the register if he satisfies the Council that he has—

(a) served under articles of apprenticeship in accordance with such terms and conditions as may be prescribed by the Council for a term not less than four years or such shorter period as the Council may prescribe and attended a course of training approved by the Council under section 11 of this Act; or

(b) attended a course of training at a school of farriery or other establishment approved by the Council under section 11 of this Act and has received such further practical training and experience as the Council may from time to time prescribe ; or

(c) completed a course of training as a farrier in Her Majesty's Army;

and in each case satisfies the Council by passing a prescribed examination that he has attained a sufficient standard to qualify him to carry out the shoeing of horses.

(2) A person shall be entitled to be registered in Part I of the register if not later than two years after the appointed day he applies for registration and satisfies the Council—

(a) that on the appointed day his name was registered in the Register of Farriers kept by the Company; and

(b) that during an aggregate period of 18 months in the period of 24 months ending on the said date he has been regularly and gainfully employed in the shoeing of horses.

(3) A person shall be entitled to be registered in Part I of the register if—

(a) he satisfies the Council that he holds a qualification granted outside the United Kingdom and for the time being accepted for the purposes of this subsection by the Council and that during the period of two years ending on the date of his application for registration he has been regularly and gainfully employed in the shoeing of horses ; or

(b) being a person whose name has been registered in Part II of the register he subsequently passes a prescribed examination.

(4) A person shall be entitled to be registered in Part II of the register if not later than two years after the appointed day he applies for registration and satisfies the Council—– 

(a) that during an aggregate period of three years in the period of five years ending on the appointed day he was engaged in the shoeing of horses by way of trade ; or

(b) that during the period of two years ending on the said date he was practising as a farrier in Her Majesty's Army.

(5) A person shall be entitled to be registered in Part III of the register if not later than 12 months after the appointed day he applies for registration and satisfies the Council by means of a statutory declaration by a practising veterinary surgeon, which shall be in the prescribed form, that during the period of two years ending on the appointed day he has regularly and competently—

(a) carried out the shoeing of horses belonging to himself; or

(b) otherwise than by way of trade or for reward carried out the shoeing of horses belonging to other persons.

(6) In any case in which it appears to the Council that a person has for sufficient reason failed to make application under subsection (2) or subsection (4) as the case may be of this section within two years of the appointed day or under subsection (5) of this section within 12 months thereof, the Council may direct that he shall be entitled to apply within such period as may be specified in the direction.

(7) For the purposes of subsections (4) and (5) of this section a person shall be deemed to have been engaged in the shoeing of horses by way of trade if—

(a) he has been self employed in the carrying out of the shoeing of horses owned by persons other than himself and such shoeing of horses has been carried out either as a full-time occupation or as a part-time occupation in conjunction with the trade of blacksmith or general smith; or

(b) he has otherwise than as an apprentice or while undergoing a course of training carried out the shoeing of horses in the course of his employment and such shoeing of horses has been carried out either—

(i) as a full-time occupation or as a part-time occupation in conjunction with the carrying on by his employer of the trade of a blacksmith or general smith; or

(ii) (in any case where his employer is not carrying on the trade of a blacksmith or general smith) as a full-time occupation or a part-time occupation and in relation only to horses owned by or in the charge of his employer or (with the prior approval and consent of his employer) to horses owned by a third person.

8 The Company's Register

For the purposes of subsection (2) of the foregoing section of this Act the Company shall make available its Register of Farriers and permit the Council to make copies thereof and to take extracts therefrom.

9 Determination of questions as to qualifications

Where an application for registration under the foregoing provisions of this Act is refused or the registrar fails to enter the name of the applicant in the appropriate Part of the register, the applicant may appeal to the Disciplinary Committee established under section 14 of this Act and the Committee shall have power to direct that the applicant be registered in the appropriate Part of the register.

10 Certificate of registration etc.

(1) The registrar shall issue—

(a) to a person registered in Part I or Part II of the register a certificate of registration in the prescribed form ;

(b) to a person registered in Part III of the register an acknowledgement of such registration in the prescribed form.

(2) The Council shall make rules as to the surrender of certificates and acknowledgements issued under subsection (1) of this section.

11 Approval of courses, qualifications and institutions

(1) Subject to the provisions of this section the Council may approve for the purposes of this Act—

(a) any course of training which the Council considers is designed to confer on persons completing it sufficient knowledge and skill for carrying out the shoeing of horses;

(b) any qualification which, as the result of an examination taken in conjunction with a course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination indicating, in the opinion of the Council, that they have sufficient knowledge and skill to carry out the shoeing of horses ;

(c) any qualification which, as a result of an examination . taken by a person whose name has been registered in Part II of the register, is granted to candidates reaching such standards as is mentioned in paragraph (b) . hereof;

(d) any institution which the Council considers is properly organised and equipped for conducting the whole or any part of a course of training approved by the Council under this section ;

and may refuse its approval under this section or withdraw such an approval previously given; and notice of the giving, refusal or withdrawal of such an approval shall be served by the Council on the body or person affected.

(2) Where the Council has refused to approve, or has withdrawn its approval from, any qualification or institution under this section, it shall give notice of its decision to the body or person affected.

(3) The withdrawal of an approval under this section shall not prejudice the registration or entitlement to registration of any person who was registered or entitled to registration by virtue of that approval immediately before it was withdrawn.

(4) Any reference in this section to a body or person affected, in relation to an approval, is a reference to the body or person who applied for approval.

12 Supervision of approved institutions and examinations

It shall be the duty of the Council to keep itself informed of the nature of the instruction given at institutions approved under the last foregoing section of this Act to persons attending courses approved under that section and of the examinations in the carrying out of farriery the passing of which may be prescribed by the Council as being a condition of registration under this Act.

13 The Investigating Committee

(1) The Council shall set up a committee from among its members to be known as the Investigating Committee, for the preliminary investigation of cases (hereinafter referred to as " disciplinary cases ") in which it is alleged that a person is liable to have his name erased from the register on any grounds specified in section 15 of this Act.

(2) It shall be the function of the Investigating Committee to decide whether a disciplinary case ought to be referred to the Disciplinary Committee, set up under the next following section, to be dealt with by it in accordance with the following provisions of this Act.

(3) The provisions of Schedule 2 to this Act shall have effect with respect to the constitution of the Investigating Committee.

14 The Disciplinary Committee

(1) The Council shall set up a committee from among its members to be known as the Disciplinary Committee, for the consideration and determination of disciplinary cases referred to it under the last foregoing section and of any other cases of which they have cognizance under section 9 or any of the following provisions of this Act.

(2) The provisions of Schedule 3 to this Act shall have effect with respect to the constitution and procedure of the Disciplinary Committee.

15 Removal of names from register

(1) Where—

(a) a person who is registered by the Council is judged by the Disciplinary Committee to be guilty of serious misconduct in any professional respect; or

(b) the Disciplinary Committee is satisfied that such a person was not qualified for registration at the time he was registered; or

(c) such a person has been convicted of an offence involving cruelty to animals,

the Committee may, if it thinks fit, direct that the person's name shall be removed from the register or that his registration therein shall be suspended, that is to say, it shall not have effect during a period specified in the direction:

Provided that, in any case falling within paragraph (b) of this subsection, where the application for registration was referred to the Disciplinary Committee under section 9 of this Act, the Committee shall not direct that a person's name shall be removed from the register except upon evidence which was not before the Committee when it considered the application.

(2) When the Disciplinary Committee directs that a person's name shall be removed from the register, the Committee shall cause notice of the direction to be served on that person.

(3) A person in respect of whom a direction is made under subsection (1) of this section may, within twenty-eight days after notice of the direction was given to him, appeal against the direction to the High Court, or, in Scotland, to the Court of Session.

(4) The Council may appear as respondent on any such appeal, and for the purpose of enabling directions to be given as to costs of any such appeal the Council shall be deemed to be a party thereto, whether it appears on the hearing of the appeal or not.

(5) On the hearing of the appeal the Court may make such order as it thinks fit, and its order shall be final.

(6) A direction made under subsection (1) of this section shall not take effect before the expiration of the time limited for appealing against it, and where an appeal is lodged the direction shall not take effect before the appeal is disposed of or withdrawn or fails for want of prosecution.

(7) A person whose name is removed from the register in pursuance of a direction of the Disciplinary Committee under this section shall not be entitled to be registered in the register again except in pursuance of a direction in that behalf given by the Committee on the application of that person; and a direction ; under this section for the removal of a person's name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has duly made such ah application, from the date of his last application) as may be specified in the direction.

16 Offences by unregistered persons

(1) Subject to the provisions of this section it shall be unlawful—

(a) for a person who is not registered in the register to carry out any farriery; or

(b) for a person who is registered in Part III of the register to carry out farriery by way of trade or for reward ; or

(c) for a person who is not registered in the register to use or adopt the style, title or description "farrier" or " shoeing smith " or any other style, title or description similar thereto or which may be calculated to deceive or mislead or cause any person to believe that such person is so registered:

Provided that this subsection shall not apply to the carrying out of farriery by—

(i) a person serving under articles of apprenticeship which satisfy the prescribed terms and conditions, if carried out in the course of his apprenticeship;

(ii) a person attending a course of training approved by the Council under section 11 of this Act conducted at an institution so approved if carried out in the course of his training ;

(iii) a veterinary surgeon or veterinary : practitioner;

(iv) a person undergoing training as a veterinary surgeon in respect of any farriery carried out by him under the supervision of a veterinary surgeon, veterinary practitioner or a person registered under this Act; or

(v) a person rendering first-aid in case of emergency to a horse.

(2) Subsection (1) of this section shall not apply to a person—

(a) who, having had his name removed from the register has not yet been given notice by the registrar of its removal; or

(b) who, having applied for registration in the register before the expiration of the period of two years or 12 months as the case may be beginning with the day appointed by the Secretary of State under section 19 of this Act as the day on which this Act, except this section, is to come into force, or such period as the Council may direct in pursuance of subsection (6) of section 7 of this Act, has not had his application finally determined.

(3) A person who contravenes this section shall be liable on summary conviction to a fine not exceeding £100.

(4) (a) Where an offence under this section has been committed by an employee and it is proved that his employer has failed to take all reasonable steps to prevent the offence then such employer shall be deemed also to be guilty of an offence under this section and shall be liable to be proceeded against and punished accordingly and where such employer is a body corporate and an offence punishable under this section is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(b) In this subsection, "director" in relation to any body corporate established by or under any enactment for the purpose of carrying oh under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

17 Service of documents

Any notice or other document authorised or required to be given under this Act may, without prejudice to any other method of service but subject to any provision to the contrary in rules under this Act, be served by post; and for the purposes of the application to this section of section 26 of the [1889 c. 63.] Interpretation Act 1889 (which relates to service by post) the proper address of a person to whose registration such a document relates shall be his address in the register.

18 Interpretation

In this Act, unless the context otherwise requires—

• " appointed day " in relation to any provision means the day appointed under section 19 of this Act for the commencement of that provision ;

• " the Company " means The Worshipful Company of Farriers being The Livery Company of the City of London bearing that name and incorporated by Royal Charter dated the seventeenth day of January 1674 granted by His late Majesty King Charles II;

• " the Council " means the Farriers Registration Council established pursuant to section 2 of this Act;

• " farriery " means any work in connection with the preparation or treatment of the foot of a horse for the immediate reception of a shoe thereon, the fitting by nailing or otherwise of a shoe to the foot or the finishing off of such work to the foot;

• " horse " includes pony, mule, donkey or other equine animal;

• " notice " means notice in writing;

• " prescribed " means prescribed by rules drawn up by the Council;

• " register " means the register maintained pursuant to section 3 of this Act;

• " registrar " means the registrar of the Council; and

• " shoeing " has the same meaning as farriery.

19 Short title and commencement

(1) This Act may be cited as the Farriers (Registration) Act 1975.

(2) This Act, except section 16, shall come into force on such day as the Secretary of State may by order appoint.

(3) The provisions of section 16 of this Act shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed under this section for the coming into force of those provisions in different areas.

(4) The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument.

(5) This Act shall not extend to Northern Ireland.