Control of Horses Act, 1996
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Disposal of horses detained on 3 or more occasions. |
40.—(1) A horse which has been detained under section 37 and which has previously been detained on two or more occasions within a period of 12 months under that section may be disposed of as the local authority in whose functional area the horse has been detained or the Superintendent, as the case may be, sees fit where that authority or Superintendent is of the opinion that— | |
(a) the owner or keeper of the horse is not exercising adequate control over the horse so as to prevent it straying, causing a nuisance, or posing a danger to persons or property, or | ||
(b) such horse is likely to be in a public place whilst not— | ||
(i) under adequate control, or | ||
(ii) identifiable or capable of identification as may be required by section 28 . | ||
(2) (a) A local authority may in bye-laws specify the fees to be paid by the owner or keeper of a horse which is detained within its functional area and which is to be disposed of under this section (including fees in respect of the keeping and any transportation of, or veterinary services provided to, such horse). | ||
(b) A local authority may recover as a simple contract debt in any court of competent jurisdiction from any person by whom it is payable any amount due and owing to it under this subsection. | ||
(3) Where a local authority or a Superintendent proposes to dispose of a horse under this section the authority or the Superintendent, as the case may be, shall display publicly a notice to that effect at the place where the horse is detained and in such other places (if any) as it or he or she sees fit and shall send a notice in writing to the owner or keeper (whose whereabouts is known and can be readily found) of the horse, stating that at any time after the expiration of 5 days, or such longer period as may be stated in the notice, from the publication of the first-mentioned notice it is intended to dispose of the horse and the reasons for and the nature of the proposed disposal and that the owner or keeper may within that period make representations (including representations to the effect that the owner of the horse was not the owner of the horse on any previous occasion when it was detained under section 37 during the aforesaid period of 12 months) to the local authority or the Superintendent, as the case may be, against the proposal. | ||
(4) Where a local authority or a Superintendent having considered any representations that may have been made to it or him or her under subsection (3) decides to dispose of a horse under this section the authority or the Superintendent, as the case may be, shall notify any person who has made such representations of the decision and the person may within 7 days of such notification appeal against the decision to the judge of the District Court within whose district court district the horse is detained. | ||
(5) A decision to dispose of a horse under this section shall not take effect until after any representations under subsection (3) have been considered and the expiration of the period allowed for the appeal under subsection (4). | ||
(6) Where an appeal is made under subsection (4) against a decision to dispose of a horse, the decision shall stand suspended until the appeal is determined or withdrawn. | ||
(7) On the hearing of the appeal under subsection (4) in relation to a decision of a local authority or a Superintendent to dispose of a horse, the District Court may either confirm the decision or allow the appeal. | ||
(8) A decision of the District Court on an appeal under subsection (4) shall be final save that by leave of the Court, an appeal from the decision shall lie to the High Court on a specified question of law. |