Title and commencement

1. This Order may be cited as the Horse Passports Order 1997 and shall come into force on 1st January 1998.

Interpretation

2.-(1) In this Order, unless the context otherwise requires-

"the Act" means the Animal Health Act 1981;

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

"horse passport" means an identification document which has been issued for that horse by a recognised organisation and which is in conformity with the provisions of the Schedule to this Order;

"recognised organisation" means an organisation recognised by the Minister under the Horses (Zootechnical Standards) Regulations 1992(2) or an international association or organisation registered under article 4;

"semi-feral breed" means a breed registered with one of the following recognised organisations-

"studbook" means any book, register, file or data medium-

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

(3) In this Order any application or registration shall be in writing.

(4) Except in so far as the context otherwise requires, any reference in this Order to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order.

Application

3. This Order shall apply in relation to horses which are either-

(a)entered or registered and eligible for entry in a studbook of an organisation recognised by the Minister under the Horses (Zootechnical Standards) Regulations 1992, or

(b)registered with an international association or organisation registered under this Order.

Horses for competition or racing

4.-(1) Any international association or organisation which manages horses for competition or racing in Great Britain shall register as such with the appropriate Minister within three months of the date of the Order coming into force.

(2) Any international association or organisation not operating in Great Britain on the date this Order comes into force but which intends to manage horses for competition or racing in Great Britain shall register with the appropriate Minister before it does so.

Issue of a horse passport

5.-(1) Where the owner of a horse born on or after 1st January 1998 registers it with a recognised organisation he shall, at the time of registration, apply to that recognised organisation for a horse passport for that horse.

(2) Subject to the exception for semi-feral breeds in article 7, a recognised organisation shall, at the time of registration of any horse born on or after 1st January 1998, issue a horse passport with sections I to IV completed.

(3) In the case of a horse born prior to 1st January 1998 and registered in the studbook of a recognised organisation, the owner of that horse may apply to that organisation for a horse passport for that horse and the recognised organisation shall issue a horse passport.

(4) The horse passport shall be in conformity with the provisions of the Schedule, and shall be in English and French, but may in addition contain a translation (either of the whole horse passport or of part of it) into such other language or languages as the recognised organisation thinks fit.

(5) In the case of a horse born prior to 1st January 1998 where the studbook shows that the horse has had more than one owner since it was originally registered in the studbook, the recognised organisation shall ensure that details relating to ownership in section I of the Schedule are completed prior to issue.

(6) No person other than a person authorised by the recognised organisation which issued the horse passport may amend sections I to IV of the horse passport.

Multiple registration and cancellation of registration

6.-(1) Where an owner of a horse registered with a recognised organisation and with a horse passport wishes to register that horse with a further recognised organisation, he shall send the existing horse passport to the second recognised organisation to enable registration to be endorsed on the horse passport.

(2) Where an owner of a horse registered with one or more recognised organisations wishes to de-register that horse from a recognised organisation, he shall return the horse passport to that organisation and that organisation shall endorse the horse passport with the cancellation of registration and return the horse passport to the owner.

(3) Where the owner of a horse born before 1st January 1998 applies for a horse passport from a recognised organisation, then, when he receives the horse passport, he shall within 28 days send it to be endorsed by any other recognised organisation with which that horse is registered.

(4) Once a horse passport has been issued in respect of a horse, no person may apply for a replacement horse passport from a further recognised organisation unless the original horse passport issued in respect of that horse has been cancelled by the recognised organisation and the horse passport surrendered to that organisation.

(5) Where a person applies for a replacement horse passport from a further recognised organisation under paragraph (4) above, that organisation shall ensure that all the details included in the original horse passport relating to the identity of the horse and veterinary treatment contained in sections II to VII of the Schedule are included in the replacement horse passport.

Semi-feral breeds

7.-(1) In the case of a semi-feral breed, sections III and IV of the horse passport need not be completed by the recognised organisation at the time of registration of the horse.

(2) In the case of a semi-feral breed, the owner of a horse shall send the horse passport to the recognised organisation which issued the horse passport for completion of sections III and IV of the horse passport-

(a)before any of the following events occurs-

(i)the horse reaches 12 months old;

(ii)the horse is sold by auction for the second time;

(iii)the horse is moved to other premises for competition purposes;

(iv)the horse is moved out of Great Britain;

(v)the horse is moved to the premises of a new keeper;

(vi)the horse is moved on any other occasion specified by the recognised organisation; or

(b)within 14 days of the horse being moved to other premises for veterinary treatment.

Keepers

8.-(1) The owner of a horse shall ensure that the horse passport is given to the keeper of the horse.

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

Movement of a horse

9. The keeper of a horse in respect of which a horse passport has been issued shall ensure that the horse is accompanied by its horse passport-

(a)when it is moved into or out of Great Britain;

(b)when it is moved to other premises for competition purposes;

(c)when it is moved to other premises for the purposes of veterinary treatment;

(d)when it is moved to the premises of a new keeper; or

(e)when it is moved on any other occasion specified by the recognised organisation.

Completion of the horse passport by a veterinary surgeon

10.-(1) When the owner of a horse receives a horse passport from a recognised organisation he shall ensure that any veterinary surgeon who has, to his knowledge, treated the horse, enters in the horse passport all details of treatment of the type listed in sections V to VII of the Schedule and given before the horse passport was issued.

(2) Whenever the horse is given veterinary treatment of the type listed in sections V to VII of the Schedule after the horse passport has been issued, the owner of the horse shall ensure that the veterinary surgeon giving the treatment completes the relevant part of the horse passport.

Sale of a horse

11.-(1) When a horse in respect of which a horse passport has been issued is sold, the seller shall send the horse passport to the recognised organisation of issue within 28 days of the sale, with details of the new owner, and the recognised organisation shall complete the details of ownership and re-issue it to the new owner.

(2) In the case where a horse referred to in paragraph (1) above is registered with a second or more recognised organisations, then the seller shall also send details of the new owner of the horse to the second and subsequent recognised organisations within 28 days of the sale.

(3) In the case where a horse referred to in paragraph (1) above is no longer registered with the recognised organisation of issue, the seller shall send the horse passport with details of the new owner to all of the recognised organisations with which the horse is still registered and shall do so, so far as practicable, within 28 days of the sale.

Prohibition on holding more than one horse passport

12. No person may hold more than one horse passport for any horse at the same time.

Replacement of a lost or damaged horse passport

13.-(1) Where a horse passport has been lost or damaged, then the owner of a horse in respect of which that horse passport has been issued shall apply to the recognised organisation of issue for a replacement horse passport for that horse.

(2) The recognised organisation shall issue a replacement horse passport marked with the word "Duplicate".

(3) Where a duplicate horse passport is issued, the recognised organisation which issued that horse passport shall ensure that all the details included in the original horse passport relating to the identity of the horse and veterinary treatment contained in sections II to VII of the Schedule are included in the duplicate horse passport.

Powers of recognised organisations

14.-(1) A recognised organisation may withdraw a horse passport issued by it under this Order if it is satisfied that the provisions of this Order have not been or are not being complied with or that the horse 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 horse passport which it issued to produce it on reasonable demand at any time and surrender it on demand.

Identification of horses born before 1st January 1998

15. In the case of a horse born before 1st January 1998, a horse passport shall be sufficient identification for the purposes of the identification document required under the provisions of Article 8 of Council Directive 90/427/EEC (on the zootechnical and genealogical conditions governing intra-Community trade in equidae(3)).

Offences

16.-(1) It shall be an offence against the Act for any person other than a person authorised by the recognised organisation to complete sections I to IV of a horse passport.

(2) It shall be an offence against the Act for any person other than a veterinary surgeon to make an entry in sections V to VIII of a horse passport.

Enforcement

17. This Order shall be enforced by the local authority.

Article 5

SCHEDULEFORM OF HORSE PASSPORT

SECTION I

SECTION II

SECTION III

SECTION IV

SECTION V

SECTION VI

SECTION VII

SECTION VIII

Explanatory Note

(This note is not part of the Order)

This Order establishes a system of identification documents (horse passports) for horses registered with recognised organisations and born in Great Britain. The Order specifies the form of those passports (Schedule). The Order implements article 8 of Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae (OJ No. L224, 18.8.90, p.55), and Commission Decision 93/623/EEC establishing the identification document (passport) accompanying registered equidae (OJ No. L 298, 3.12.93, p.45). The Order is enforced by the local authority (article 17).

A Regulatory Appraisal has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (Disease Control) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.