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PART II
Licensing of Horses in Control Areas
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Control areas.
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17.—(1) A local authority may by bye-laws declare all or any part of its functional area to be a control area where it is satisfied that horses in that area should be licensed having regard to the need to control the keeping of horses, the need to prevent nuisance, annoyance or injury to persons or damage to property by horses and such other matters as it considers relevant.
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(2) Where a local authority has declared under subsection (1) all or any part of its functional area to be a control area and horses are regularly—
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(a) straying or being brought into that control area from any area, or
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(b) kept or straying into any area adjacent to the control area,
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which is part of the functional area of an adjoining local authority which is not a control area and are causing nuisance, annoyance or injury to persons or damage to property in the control area, the first-mentioned local authority may—
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(i) request the adjoining local authority to declare that part of its functional area to be a control area, and
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(ii) where the adjoining local authority is unwilling to so declare, request the Minister to make a direction under subsection (3) to the adjoining authority.
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(3) The Minister, having received a request under subsection (2) and consulted with the adjoining local authority, and where he or she is satisfied that horses in that part or the whole of the functional area concerned should be licensed having regard to the need to control the keeping of horses, the need to prevent nuisance, annoyance or injury to persons or damage to property by horses, may direct the adjoining local authority to declare by bye-laws the aforesaid part or the whole of the functional area of the adjoining local authority to be a control area.
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(4) An area declared to be a control area under this section may be described in the bye-laws in whatever manner the local authority sees fit including by reference to a map.
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