The Horse Passports (England) Regulations 2003 (revoked)

Title, commencement and application E+W

1.  These Regulations, which shall apply in England, may be cited as the Horse Passports (England) Regulations 2003 and shall come into force on 30th November 2003.

Interpretation E+W

2.—(1) In these Regulations—

“horse” means a domestic animal of the equine or asinine species or crossbreeds of those species;

“keeper” means a person who is not the owner of a horse but is appointed by the owner to have day to day charge of that horse;

“passport” means an identification document which has been issued for a horse by a recognised organisation and which is completed appropriately and is in conformity with the provisions of the Schedule to these Regulations;

“recognised organisation” means an organisation—

(a)

recognised by the Secretary of State for Environment, Food and Rural Affairs under Regulation 3 of the Horses (Zootechnical Standards) Regulations 1992 M1 or

(b)

recognised by any other authority in the United Kingdom competent to recognise such organisation; or

(c)

recognised by any other authority in another Member State competent to recognise such organisations; or

(d)

an international association or organisation registered under regulation 3 or registered under equivalent statutory provision in any other part of the United Kingdom; or

(e)

Fédération Equestre Internationale;

“studbook” means any book, register, file or data medium—

(a)

which is maintained by a recognised organisation, and

(b)

in which particulars of horses are entered or registered with mention of all their known ascendants.

(2) For the purposes of the passport “the competent authority” is the recognised organisation as defined in paragraph (1) above.

Marginal Citations

M1 S.I. 1992/3045.

Horses for competition or racing E+W

3.—(1) Any international association or organisation which manages horses for competition or racing in England and at the date of the coming into force of these Regulations is registered with the Secretary of State for Environment, Food and Rural Affairs under Article 4 of the Horse Passports Order 1997 M2 , shall continue to be registered for the purposes of these Regulations.

(2) Any international association or organisation not operating in England at the date of the coming into force of these Regulations but which intends to manage horses for competition or racing in England shall register with the Secretary of State for Environment, Food and Rural Affairs before it does so.

(3) Any international association or organisation registered under an equivalent statutory provision to these Regulations in force in any other part of the United Kingdom shall be exempt from the requirement in paragraph (2) to register with the Secretary of State.

Marginal Citations

M2 S.I. 1997/2789.

Issue of a passport for horses registered before 30th November 2003 E+W

4.—(1) The owner of a horse, with the exception of the owner of a horse as referred to in regulations 6, 7 and 8, whose horse was, prior to 30th November 2003, either registered or eligible for entry in a studbook of a recognised organisation and which does not have a passport issued by a recognised organisation, shall on or before 30th June 2004—

(a) obtain from a recognised organisation a passport for that horse which is in conformity with the provisions of the Schedule; and

(b) where they have already been issued with a passport by a recognised organisation which is not in conformity with the Schedule, ensure that they obtain the appropriate extra pages from the recognised organisation.

(2) On application in accordance with regulation 4(1)(a) or 4(1)(b) and on compliance by the owner with any requirements of the recognised organisation, the recognised organisation shall issue to the owner a passport or appropriate extra pages, as the case may be, in conformity with the provisions of the Schedule.

Issue of a passport for horses not registered before 30th November 2003 E+W

5.—(1) The owner of a horse not registered prior to 30th November 2003, with the exception of the owner of a horse referred to in regulations 6, 7 and 8, shall on or before 30th June 2004, obtain from a recognised organisation a passport for that horse.

(2) On application in accordance with paragraph (1) and on compliance by the owner with the requirements of the recognised organisation, the recognised organisation shall issue to the owner a passport in conformity with at least sections I, II, III, IV and IX of the Schedule.

Horses entering England E+W

6.—(1) The owner of a horse entering England without a passport issued by a recognised organisation shall, within 30 days of so entering, apply to a recognised organisation for a passport in conformity with the provisions of the Schedule.

(2) A passport issued under paragraph (1) shall state that the horse is not intended for human consumption.

Horses entered in the lists of the New Forest Verderers, or Dartmoor Commoners Council E+W

7.—(1) Where a horse is entered in the lists kept by the New Forest Verderers, or Dartmoor Commoners Council, a passport shall only be required when the horse is moved from the area in which its owner has grazing rights for equines granted by those bodies.

(2) An owner who has been granted grazing rights for equines in the New Forest or Dartmoor shall—

(a) ensure that all such equines are individually identified and entered in the lists kept by the New Forest Verderers or the Dartmoor Commoners Council; or

(b) shall obtain a passport from a recognised organisation.

Passports for young horses E+W

8.  A horse is required to have a passport—

(a) by 31st December of the year of its birth; or

(b) by six months after its birth, whichever is the longer; or

(c) if, before then, it leaves the premises on which its dam is normally kept for a continuous period of two weeks or more.

Requirements of owners and keepers of horses as to declaration on human consumption E+W

9.—(1) The owner or keeper of a horse, on receipt of a passport or appropriate extra pages issued by a recognised organisation, shall sign the declaration in section IX, Part II or III-A , as to whether or not the horse is intended for human consumption.

(2) If the declaration referred to in paragraph (1) above is signed by the owner or keeper of a horse confirming that the horse is not intended for human consumption, then that declaration cannot be changed by any subsequent owner or keeper.

(3) Subject to regulation 9(2) if the declaration in Part II has been made, it shall be reconfirmed on each subsequent change of ownership of the horse by the signature of the new owner.

Whereabouts of passports E+W

10.—(1) The owner of a horse shall ensure that the passport is held by the keeper of the horse.

(2) If the keeper changes, the previous keeper shall give the passport to the new keeper.

(3) The owner or keeper of a horse shall ensure that the horse is accompanied by its passport when it is moved—

(a) into or out of Great Britain;

(b) to other premises for competition purposes;

(c) to other premises to receive veterinary treatment;

(d) to the premises of a new keeper;

(e) to a slaughterhouse for slaughter;

(f) for the purpose of sale; or

(g) for breeding purposes.

Requirements of Veterinary Surgeons E+W

11.—(1) Where veterinary treatment is to be administered to a horse, the owner or keeper shall show the passport to the veterinary surgeon who is to administer such treatment.

(2) The veterinary surgeon shall—

(a) satisfy himself that the horse is the one described in the passport;

(b) record in the passport the treatments administered to the horse as required in sections V and VI of the passport; and

(c) if the owner or keeper of the horse has signed the declaration contained in section IX, Part III-A of the passport that the horse is intended for human consumption—

(i) refrain from administering any of the drugs listed in Annex IV of Council Regulation 2377/90/EEC M3 ; and

(ii) enter in section IX, Part III-B of the passport the date of the last treatment administered to the horse with a medicinal product containing substances not included in Annex I, II, III or IV of Council Regulation 2377/90/EEC.

(3) If the veterinary surgeon is not able to satisfy himself as provided in paragraph 2, he shall refrain from administering any of the drugs listed in Annex IV of Council Regulation 2377/90/EEC.

Marginal Citations

M3 OJ No. L224, 18.8.90, p. 1.

Life Number E+W

12.  The recognised organisation when issuing a passport or appropriate extra pages shall—

(a) identify that horse by a number which has not been used for any other horse;

(b) record that number in section II and section IX of the passport or appropriate extra pages issued in respect of that horse; and

(c) provide the number in accordance with any codes which may be issued from time to time by the Secretary of State for Environment, Food and Rural Affairs.

Language of passports E+W

13.  All passports and extra pages issued in England shall be in English and French, but may in addition contain a translation (either of the whole passport or of part of it) into such other language or languages as the recognised organisation thinks fit, except that section IX may be in English only.

Prohibitions E+W

14.  No person shall—

(a) amend sections I to IV of a passport unless he is a person authorised by the recognised organisation which issues it;

(b) hold more than one passport for any horse at the same time;

(c) change the name of a horse as stated in its passport unless the passport has previously been amended by the recognised authority to show the new name whilst retaining an indication of the previous name or names;

(d) retain a passport unless he is the owner or keeper of the horse; or

(e) apply for a passport for a horse for which a passport has already been issued.

Sale or death of a horse E+W

15.—(1) On the sale of a horse, the seller shall give the passport to the buyer or, at auction sales, the auctioneer shall give the passport to the buyer.

(2) The buyer shall send the details of the new owner to the recognised organisation of issue within 28 days of the purchase of the horse.

(3) If a horse dies in a slaughterhouse, the slaughterhouse shall retain its passport for one year.

(4) If a horse dies in a place other than a slaughterhouse, the owner or keeper shall return the passport to the recognised organisation with an indication of the date and circumstances of death and the recognised organisation shall amend their records accordingly.

Replacement of a lost or damaged passport E+W

16.—(1) Where a passport has been lost or damaged the owner of a horse in respect of which that passport has been issued shall apply for a replacement passport for that horse—

(a) where the recognised organisation of issue is known to him, to that organisation for a replacement passport for that horse; or

(b) where the recognised organisation of issue is not known, to any recognised organisation.

(2) The recognised organisation applied to in accordance with paragraph (1) shall issue a replacement passport marked with the word “Duplicate” and including, in the case of a passport which—

(a) Is lost or is damaged so that the original declaration as to fitness for human consumption is not legible, a declaration that the horse is not fit for human consumption; or

(b) Is damaged but the original declaration as to fitness for human consumption is still legible, a declaration which is the same as the original.

Time limits for applications E+W

17.  Where the owner of a horse makes an application for a passport for that horse outside the time limits provided for in these Regulations, the owner shall be issued with a passport indicating that the horse is not intended for human consumption.

Powers and duties of recognised organisations E+W

18.—(1) A recognised organisation may cancel a passport issued by it under these Regulations if it is satisfied that the provisions of these Regulations have not been or are not being complied with or that the passport has not been properly completed or has been falsified in any way.

(2) A recognised organisation may require any person in possession of a passport which it issued to produce it on reasonable demand and surrender it on demand.

(3) A recognised organisation in England shall—

(a) supply to the Secretary of State information contained in applications for passports and appropriate extra pages and notifications of deaths of horses in such form and in such frequency as she may from time to time require;

(b) require in application forms for passports and appropriate extra pages an indication of the intended declaration as to whether or not the horse is intended for human consumption and sign the passports or appropriate extra pages accordingly;

(c) keep records of such information and of the issue of passports and appropriate extra pages and of deaths of horses notified to it.

Withdrawal of recognition E+W

19.  The Secretary of State for Environment, Food and Rural Affairs may withdraw recognition from any recognised organisation or registered organisation that issues a passport which does not comply with the provisions of regulations 4(1), 5(2) and 12 and the Schedule and may withdraw any such passport.

Offences E+W

20.  It shall be an offence for any person or organisation to fail to comply with the provisions of these Regulations.

Powers of Entry E+W

21.—(1) An inspector appointed by a local authority or the Secretary of State for Environment, Food and Rural Affairs for the enforcement of these Regulations shall, on producing some duly authenticated document showing his authority, have a right at all reasonable hours, to enter any premises (excluding any premises not containing any horse and used only as a dwelling) for the purpose of administering and enforcing these Regulations; and in this regulation “ premises” includes any vehicle or container.

(2) An inspector so appointed may—

(a) carry out any inquiries;

(b) have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations;

(c) remove such records to enable them to be copied;

(d) have access to, inspect and check the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;

(e) mark any animal or other thing for identification purposes; and

(f) take with him—

(i) such other persons as he considers necessary; and

(ii) any representative of the European Commission properly interested in the administration of these Regulations.

(3) Any person who defaces, obliterates or removes any mark applied under paragraph (2) shall be guilty of an offence.

(4) If such an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.

Obstruction E+W

22.—(1) No person shall—

(a) intentionally obstruct any person acting in the execution of these Regulations;

(b) without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations;

(c) furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading; or

(d) fail to produce a record when required to do so to any person acting in the execution of these Regulations.

(2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question if to do so might incriminate him.

Penalties E+W

23.—(1) A person guilty of an offence under these Regulations shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both; or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.

(2) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar person of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3) For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Enforcement E+W

24.—(1) These Regulations shall be enforced by the local authority.

(2) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation shall be discharged by the Secretary of State and not by the local authority.

Revocations E+W

25.  The Passports Order 1997 M4 and the Passports (Amendment) Order 1998 M5 are hereby revoked insofar as they relate to England.

Marginal Citations

M4 S.I. 1997/2789.

M5 S.I. 1998/2637.

Alun Michael

Minister of State

Department for Environment, Food and Rural Affairs

4th November 2003