Other provisions as to export of horsesE+W+S
44 Slaughter on examination of inspection.E+W+S
If any horse examined under section 40(1) above or inspected under section 41(1) above is found by the veterinary inspector—
(a)to be in such physical condition that it is cruel to keep it alive, or
(b)to be permanently incapable of being worked without suffering,
the inspector shall forthwith slaughter it (or cause it to be slaughtered) with a mechanically operated instrument suitable and sufficient for the purpose, and no compensation shall be made to the owner of that animal.
45 Marking of horses certified for export.E+W+S
(1)A veterinary inspector may, for the purposes of identification, mark a horse certified by him under section 40(1) above or section 41(1) above in such manner as the Ministers may by order prescribe.
(2)A person who, with a view to evading the provisions of section 40 above or section 41 above, marks a horse—
(a)with the prescribed mark, or
(b)with any mark so nearly resembling it as to be calculated to deceive,
is guilty of an offence against this Act.
46 Slaughter of injured horses.E+W+S
(1)If any horse shipped from any port in Great Britain to any port outside the British Islands has a limb broken or is otherwise seriously injured while on board so as to be incapable of being disembarked without cruelty—
(a)the master of the vessel shall forthwith cause the animal to be slaughtered; and
(b)every vessel on which a horse is so shipped shall carry a proper killing instrument, to be approved by the Ministers for that purpose.
(2)It is the duty of the owner and master of every such vessel to see that the vessel is provided with such an instrument, and the master, if so required by an inspector, shall produce the instrument for his inspection.
47 Exemption of thoroughbreds in transit.E+W+S
Sections 40 and 41 and 46 above shall not apply in the case of shipment of any thoroughbred horse certified in writing by a steward or the secretary of the Jockey Club—
(a)to have arrived in Great Britain not more than one month before the date of shipment for the purpose of being run in a race; or
(b)to be shipped for the purpose of being run in a race; or
(c)to be shipped in order to be used for breeding purposes.
48 Certificates.E+W+S
Where—
(a)a certificate is given under section 40(1), section 41(1) or section 47 above, or
(b)an export certificate is given under section 42 above,
that certificate shall be delivered at the time of shipment to the master of the vessel or the pilot of the aircraft on which the animal is shipped, who shall—
(i)on demand produce the certificate to any constable or any inspector or other officer of the appropriate Minister or the local authority; and
(ii)allow such constable, inspector or other officer to take a copy of or extract from the certificate.
49 Enforcement and interpretation.E+W+S
(1)An inspector may enter any vessel or aircraft for the purpose of ascertaining whether the provisions—
(a)of sections 40 to 42 and 44 to 48 above (in this section described as “the relevant sections”), or
(b)of any order under this Act relating to the exportation or shipment of horses,
are being complied with.
(2)Every local authority shall, if and so far as the Ministers by order so direct, execute and enforce the relevant sections.
(3)If—
(a)a person does anything or omits to do anything in contravention of the provisions of the relevant sections, or
(b)the master of a vessel or the pilot of an aircraft permits a horse to be shipped in a vessel or aircraft in contravention of those provisions,
he shall be guilty of an offence against this Act, and the provisions of this Act relating to offences and legal proceedings shall apply accordingly as if the expression “animal” in those provisions included horses.
(4)In this section and the relevant sections—
[F1(a) “ master ”, “ owner ” and “ port ” have the same meanings as in the Merchant Shipping Act 1995, and “ vessel ” has the same meaning as “ ship ” in the Merchant Shipping Act 1995; and ]
(b)“pilot of an aircraft” includes any other person having the command or charge of the aircraft.
Textual Amendments
F1S. 49(4)(a) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 58(a)