Farriers (Registration) Act 1975

1 Functions of Farriers Company. E+W+S

The Worshipful Company of Farriers (hereinafter referred to as “the Company”) shall have the general function of securing adequate standards of competence and conduct among persons engaged in the shoeing of horses (hereinafter referred to as “farriers”) and shall promote, encourage and advance the art and science of farriery and education in connection with the said art and science.

2 Farriers Registration Council. E+W+S

(1) There shall be established a body called the Farriers Registration Council (hereinafter referred to as “the Council”) which shall be a body corporate with perpetual succession and a common seal and shall have the general function of carrying out the powers and duties conferred upon it by this Act.

(2) The provisions of Schedule 1 to this Act shall have effect for determining the constitution and powers of the Council and for regulating its proceedings.

3 Register of farriers. E+W+S

(1) The registrar appointed by the Council in accordance with the provisions of Schedule 1 to this Act shall establish and maintain a register which shall be divided into Parts as hereinafter provided.

(2) The registrar shall cause to be entered in the appropriate Part of the register the name and prescribed particulars of every person who, being qualified for registration, has applied in the prescribed manner for registration and has paid the prescribed fee.

(3) The register shall be kept at the offices of the Council and shall be made available for public inspection at all reasonable times without charge.

(4) The Council shall cause the register to be printed and published as often as it thinks fit.

4 Rules with respect to register. E+W+S

(1) The Council may make rules with respect to the form and keeping of the register, the making of entries therein and the removal of entries therefrom and, in particular—

(a) prescribing a fee to be charged on the entry of a name in the register or on the restoration of any entry to the register;

(b) prescribing a fee to be charged in respect of the retention in the register of the name of a person in any year subsequent to the year in which he was first registered;

(c) authorising the registrar, notwithstanding anything in this Act, to refuse to make in, or restore to, the register any entry until a fee prescribed by rules under this section has been paid.

(2) Rules under this section may authorise the registrar to remove from the register the name of a person who, after such notices and warning as may be prescribed by the rules, fails to pay a fee prescribed under paragraph (b) of the foregoing subsection.

(3) If, within such period as may be prescribed by rules under this section, any person whose name has been removed from the register in accordance with rules made by virtue of the last foregoing subsection pays the fee due from him, together with such additional sum (if any) as may be so prescribed, his name shall be restored to the register and, if the Council so directs, shall be deemed for all purposes not to have been removed therefrom.

(4) Rules under this section prescribing fees may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in prescribed cases.

5 Fraudulent entries in the register. E+W+S

If any person wilfully procures or attempts to procure the entry of his name in the register by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either orally or in writing, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F1 level 3 on the standard scale].

Textual Amendments

F1 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

6 Removal of names from register. E+W+S

The registrar shall remove from the register the names of—

(a) every deceased person;

(b) every person who has applied for his name to be removed; and

(c) every person whose name has been ordered to be removed under section 15 of this Act.

[F2 7 Qualifications for registration. E+W+S

(1) Subject to section 15 of this Act, a person shall be entitled to be registered in Part I of the register if he applies for registration and satisfies the Council—

(a) that on the 1st January 1976 his name was registered in the Register of Farriers kept by the Company; or

(b) that he has satisfied such conditions as to apprenticeship or training or both as the Council may prescribe and has passed a prescribed examination; or

[F3 (ba) that he is the holder of a qualification obtained in another EEA State which demonstrates a level of knowledge and skill in farriery which substantially corresponds to that of a person falling within paragraph (b) ; or

F3 (bb) that he is the holder of a qualification obtained in another EEA State which does not fall within paragraph (ba), but he has acquired or demonstrated the required level of knowledge and skill in accordance with section 7A(3); or

F3 (bc) that he possesses appropriate experience in shoeing horses obtained in another EEA State as set out in section 7A; or

F3 (bd) that he is registered in Part II or Part IV of the Register and possesses appropriate experience in shoeing horses obtained in the United Kingdom as set out in section 7A; or]

(c) that he has completed a course of training as a farrier in Her Majesty’s Army and has passed a prescribed examination; or

(d) that he has been registered in Part II or in Part IV of the register and has passed a prescribed examination; or

(e) that he holds a qualification granted [F4 other than in an EEA State] and for the time being accepted for the purposes of this subsection by the Council and that during any period of two years subsequent to the date when he obtained his qualification he has been regularly and gainfully engaged in the shoeing of horses.

[F5 (1A) For the purposes of this section and section 7A, “EEA State” means any State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.]

(2) Subject to section 15 of this Act, a person shall be entitled to be registered in Part II of the register if he applies for registration before such date as may be prescribed and satisfies the Council that during any period of two years before the date of his application or such shorter period as the Council may approve he was—

(a) otherwise than as an apprentice or while undergoing a course of training regularly engaged in the shoeing of horses in a business which consists exclusively of such shoeing or is the business of a blacksmith or general smith of which the shoeing of horses forms a part; or

(b) practising as a farrier in Her Majesty’s Army.

(3) Subject to section 15 of this Act, a person shall be entitled to be registered in Part III of the register if he applies for registration before such date as may be prescribed and satisfies the Council by means of a certificate by a practising veterinary surgeon, which shall be in the prescribed form, or by such other evidence as the Council may in his case consider appropriate, that during any period of two years before the date of his application for registration he has regularly and competently—

(a) carried out the shoeing of horses belonging to himself; or

(b) otherwise than by way of trade or for reward carried out the shoeing of horses belonging to other persons.

(4) Subject to section 15 of this Act, a person shall be entitled to be registered in Part IV of the register if—

(a) being a person who is not otherwise entitled to be registered under this Act he applies for registration before such date as may be prescribed and satisfies the Council that during any period of two years before the date of his application for registration or such shorter period as the Council may approve he has been regularly and gainfully engaged in the shoeing of horses otherwise than as an apprentice or while undergoing a course of training; or

(b) being a person who has not passed a prescribed examination he applies for registration before the said prescribed date and satisfies the Council that he has complied with—

(i) the conditions as to apprenticeship or training prescribed by the Council in accordance with paragraph (b) of subsection (1) of this section and

(ii) such additional conditions, if any, as to further apprenticeship or training as the Council may require in his case.

(5) In any case in which it appears to the Council that a person has for sufficient reason failed to make application under subsection (2), subsection (3), or subsection (4) of this section before such dates as the Council may have respectively prescribed for the purposes of those subsections the Council may direct that he shall be entitled to apply within such period as may be specified in that direction.]

Textual Amendments

F2 S. 7 substituted by Farriers (Registration) (Amendment) Act 1977 (c. 31), Sch. para. 1

F3 S. 7(1)(ba)-(bd) inserted (16.7.2002) by S.I. 2002/1597, reg. 6, Sch. 2 para. 1

F4 Words in s. 7(1)(e) substituted (16.7.2002) by S.I. 2002/1597, reg. 6, Sch. 2 para. 2

F5 S. 7(1A) inserted (16.7.2002) by S.I. 2002/1657, reg. 6, Sch. 2 para. 3

[F6 7A Corresponding qualifications, etc E+W+S

(1) A person (“the applicant”) who—

(a) holds any qualification in farriery obtained in another EEA State and intends to apply for registration under section 7(1)(ba) or (bb); or

(b) has experience in shoeing horses and intends to apply for registration under section 7(1)(bc); or

(c) has experience in shoeing horses and intends to apply for registration under section 7(1)(bd).

shall, before applying for registration, apply to the Council for a determination under subsection (2).

(2) On an application under sub-section (1), the Council shall determine whether—

(a) (in the case of an applicant falling within subsection (1)(a)), the qualification demonstrates a level of knowledge and skill in farriery which substantially corresponds to that of a person falling within paragraph (b) of section 7(1); or

(b) (in the case of an applicant falling within subsection (1)(b) or (1)(c)), the applicant has appropriate experience.

(3) If in the case of an applicant falling within subsection (1)(a) the Council determine that the qualification does not demonstrate a level of knowledge and skill in farriery which substantially corresponds to that of a person falling within section 7(1)(b), the Council may for the purposes of registration under section 7(1)(bb) require the applicant—

(a) to acquire that level of knowledge and skill during a period of engagement in the shoeing of horses under the supervision of a person who is registered in Part 1 of the Register, in accordance with such rules as the Council may make from time to time as to the provision of training for persons intending to seek registration under section 7(1)(b); or

(b) to demonstrate that level of knowledge and skill by passing such test or examination as the Council may require for the purpose.

(4) An applicant to whom subsection (3) applies may choose to comply either with paragraph (a) or paragraph (b) of that subsection.

(5) An applicant has “appropriate experience” in the shoeing of horses if—

(a) he has worked in that activity during a period ending not more than 10 years prior to his application under subsection (1), for at least six consecutive years in either a self-employed capacity or as a manager of a farriery undertaking; or

(b) he has worked in that activity for at least three consecutive years in a self-employed capacity or as a manager of an undertaking and he has received at least three years’ prior training in the shoeing of horses; or

(c) he has worked in that activity, during a period ending not more than 10 years prior to his application under subsection (1), for three consecutive years in a self-employed capacity and for at least five years in an employed capacity; or

(d) he has worked in that activity for at least five consecutive years in a managerial capacity of which at least three years were spent in technical posts with responsibility for one or more departments of the undertaking and he received at least three years’ prior training in shoeing horses.

(6) For the purposes of subsection (5)(b) and (d), the training must be attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements.

(7) If an applicant has worked as mentioned in paragraph (b) or (d) of subsection (5), and has received at least two years but less than three years prior training, he falls within the paragraph if the time he has spent working and the time during which he has received training together equal—

(a) at least six years (in respect of paragraph(b));

(b) at least eight years (in respect of paragraph (d)).

(8) For the purposes of this section, a certificate issued by a competent authority of an EEA State in accordance with Article 8 of the Directive 1999/42 of the European Parliament and of the Council is proof of the matter which it certifies.

(9) The Directive referred to in subsection (8) is the Directive of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications.

(10) A person shall be regarded as having pursued an activity as a manager of an undertaking within the meaning of this section if he has pursued such an activity in an undertaking engaged in the shoeing of horses—

(a) as a manager of an undertaking or a manager of a branch of an undertaking;

(b) as a deputy to the proprietor or the manager of an undertaking where that post involves responsibility equivalent to that of the proprietor or manager represented; or

(c) in a managerial post in the undertaking with duties of a commercial or technical nature and with responsibility for one or more departments of the undertaking.]

Textual Amendments

F6 S. 7A inserted (16.7.2002) by S.I. 2002/1597, reg. 6, Sch. 2 para. 4

[F7 7B Determination of applications. E+W+S

(1) The Council must determine an application under section 7 or 7A as soon as reasonably practicable and no later than four months after the date on which the application is received.

(2) The Council must notify a person who makes an application under section 7 or 7A of the Council’s decision in respect of the application and the reasons for the decision.]

Textual Amendments

F7 S. 7B inserted (16.7.2002) by S.I. 2002/1597, reg. 6, Sch. 2 para. 5

8 The Company’s Register. E+W+S

For the purposes of [F8 subsection (1)] of the foregoing section of this Act the Company shall make available its Register of Farriers and permit the Council to make copies thereof and to take extracts therefrom.

Textual Amendments

F8 Words substituted by Farriers (Registration) (Amendment) Act 1977 (c. 31), Sch. para. 2

9 Determination of questions as to qualifications. E+W+S

[F9 (1)] Where an application for registration under the foregoing provisions of this Act is refused or the registrar fails to enter the name of the applicant in the appropriate Part of the register, the applicant may appeal to the Disciplinary Committee established under section 14 of this Act and the Committee shall have power to direct that the applicant be registered in the appropriate Part of the register.

[F10 (2) A person who makes an application under section 7A may appeal to the Disciplinary Committee in respect of—

(a) a failure by the Council to make a decision in respect of the application; or

(b) a determination or decision of the Council in respect of the application.

F10 (3) On an appeal under subsection (2) the Committee shall have the power to direct the Council to make any determination, or to take any decision, which the Council has power to make or take under section 7A.]

Textual Amendments

F9 S. 9 renumbered as s. 9(1) (16.7.2002) by S.I. 2002/1597, reg. 6, Sch. 2 para. 6(1)

F10 S. 9(2)(3) inserted (16.7.2002) by S.I. 2002/1597, reg. 6, Sch. 2 para. 6(2)

10 Certificate of registration etc. E+W+S

(1) The registrar shall issue—

(a) to a person registered in Part I or Part II of the register a certificate of registration in the prescribed form;

(b) to a person registered in Part III [F11 or Part IV] of the register an acknowledgement of such registration in the prescribed form.

(2) The Council shall make rules as to the surrender of certificates and acknowledgements issued under subsection (1) of this section.

Textual Amendments

F11 Words inserted by Farriers (Registration) (Amendment) Act 1977 (c. 31), Sch. para. 3

11 Approval of courses, qualifications and institutions. E+W+S

(1) Subject to the provisions of this section the Council may approve for the purposes of this Act [F12 or of rules made by the Council thereunder]—

(a) any course of training which the Council considers is designed to confer on persons completing it sufficient knowledge and skill for carrying out the shoeing of horses;

(b) any qualification which, as the result of an examination taken in conjunction with a course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination indicating, in the opinion of the Council, that they have sufficient knowledge and skill to carry out the shoeing of horses;

(c) any qualification which, as a result of an examination taken by a person whose name has been registered in Part II of the register, is granted to candidates reaching such standards as is mentioned in paragraph (b) hereof;

(d) any institution which the Council considers is properly organised and equipped for conducting the whole or any part of a course of training approved by the Council under this section;

and may refuse its approval under this section or withdraw such an approval previously given; and notice of the giving, refusal or withdrawal of such an approval shall be served by the Council on the body or person affected.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(3) The withdrawal of an approval under this section shall not prejudice the registration or entitlement to registration of any person who was registered or entitled to registration by virtue of that approval immediately before it was withdrawn.

(4) Any reference in this section to a body or person affected, in relation to an approval, is a reference to the body or person who applied for approval.

Textual Amendments

F12 Words inserted by Farriers (Registration) (Amendment) Act 1977 (c. 31), Sch. para. 4

F13 Ss. 11(2), 16(4) repealed by Farriers (Registration) (Amendment) Act 1977 (c. 31), s. 1(2)

12 Supervision of approved institutions and examinations. E+W+S

It shall be the duty of the Council to keep itself informed of the nature of the instruction given at institutions approved under the last foregoing section of this Act to persons attending courses approved under that section and of the examinations in the carrying out of farriery the passing of which may be prescribed by the Council as being a condition of registration under this Act.

13 The Investigating Committee. E+W+S

(1) The Council shall set up a committee from among its members to be known as the Investigating Committee, for the preliminary investigation of cases (hereinafter referred to as “disciplinary cases”) in which it is alleged that a person is liable to have his name erased from the register on any grounds specified in section 15 of this Act.

(2) It shall be the function of the Investigating Committee to decide whether a disciplinary case ought to be referred to the Disciplinary Committee, set up under the next following section, to be dealt with by it in accordance with the following provisions of this Act.

(3) The provisions of Schedule 2 to this Act shall have effect with respect to the constitution of the Investigating Committee.

14 The Disciplinary Committee. E+W+S

(1) The Council shall set up a committee from among its members to be known as the Disciplinary Committee, for the consideration and determination of disciplinary cases referred to it under the last foregoing section and of any other cases of which they have cognizance under section 9 or any of the following provisions of this Act.

(2) The provisions of Schedule 3 to this Act shall have effect with respect to the constitution and procedure of the Disciplinary Committee.

15 Removal of names from register. E+W+S

(1) Where—

(a) a person who is registered by the Council is judged by the Disciplinary Committee to be guilty of serious misconduct in any professional respect; or

(b) the Disciplinary Committee is satisfied that such a person was not qualified for registration at the time he was registered; or

(c) such a person has been convicted of an offence involving cruelty to animals,

the Committee may, if it thinks fit, direct that the person’s name shall be removed from the register or that his registration therein shall be suspended, that is to say, it shall not have effect during a period specified in the direction:

Provided that, in any case falling within paragraph (b) of this subsection, where the application for registration was referred to the Disciplinary Committee under section 9 of this Act, the Committee shall not direct that a person’s name shall be removed from the register except upon evidence which was not before the Committee when it considered the application.

(2) When the Disciplinary Committee directs that a person’s name shall be removed from the register, the Committee shall cause notice of the direction to be served on that person.

(3) A person in respect of whom a direction is made under subsection (1) of this section may, within twenty-eight days after notice of the direction was given to him, appeal against the direction to the High Court, or, in Scotland, to the Court of Session.

(4) The Council may appear as respondent on any such appeal, and for the purpose of enabling directions to be given as to costs of any such appeal the Council shall be deemed to be a party thereto, whether it appears on the hearing of the appeal or not.

(5) On the hearing of the appeal the Court may make such order as it thinks fit, and its order shall be final.

(6) A direction made under subsection (1) of this section shall not take effect before the expiration of the time limited for appealing against it, and where an appeal is lodged the direction shall not take effect before the appeal is disposed of or withdrawn or fails for want of prosecution.

(7) A person whose name is removed from the register in pursuance of a direction of the Disciplinary Committee under this section shall not be entitled to be registered in the register again except in pursuance of a direction in that behalf given by the Committee on the application of that person; and a direction under this section for the removal of a person’s name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has duly made such an application, from the date of his last application) as may be specified in the direction.

[F14 15A Restriction on use of style. E+W+S

(1) It shall be unlawful for a person who is not registered in the register to use or adopt the style, title or description “farrier” or “shoeing smith” or any other style, title or description which is likely to cause any other person to believe that such first mentioned person is so registered:

Provided that this subsection shall not apply to a person—

(i)

who, having had his name removed from the register, has not yet been given notice by the registrar of its removal; or

(ii)

who, having applied for registration in the register, has not had his application finally determined.

(2) A person who contravenes this section shall be liable on summary conviction to a fine not exceeding £100.]

Textual Amendments

F14 S. 15A inserted by Farriers (Registration) (Amendment) Act 1977 (c. 31), Sch. para. 5

16 Offences by unregistered persons. E+W+S

(1) Subject to the provisions of this section it shall be unlawful—

(a) for a person who is not registered in the register to carry out any farriery; or

(b) for a person who is registered in Part III of the register to carry out farriery by way of trade or for reward; or

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Provided that this subsection shall not apply to the carrying out of farriery by—

(i) a person serving under articles of apprenticeship which satisfy the prescribed terms and conditions, if carried out in the course of his apprenticeship;

(ii) a person attending a course of training approved by the Council under section 11 of this Act conducted at an institution so approved if carried out in the course of his training;

(iii) a veterinary surgeon or veterinary practitioner;

(iv) a person undergoing training as a veterinary surgeon in respect of any farriery carried out by him under the supervision of a veterinary surgeon, veterinary practitioner or a person registered under this Act; or

(v) a person rendering first-aid in case of emergency to a horse.

(2) Subsection (1) of this section shall not apply to a person—

(a) who, having had his name removed from the register has not yet been given notice by the registrar of its removal; or

[F16 (b) who, having applied for registration in the register, has not had his application finally determined].

(3) A person who contravenes this section shall be liable on summary conviction to a fine not exceeding [F17 level 3 on the standard scale].

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Textual Amendments

F15 S. 16(1)(c) repealed by Farriers (Registration) (Amendment) Act 1977 (c. 31), s. 1(2)

F16 S. 16(2)(b) substituted by Farriers (Registration) (Amendment) Act 1977 (c. 31), Sch. para. 6

F17 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F18 Ss. 11(2), 16(4) repealed by Farriers (Registration) (Amendment) Act 1977 (c. 31), s. 1(2)

Commencement Information

I1 S. 16 in force at 30.3.2007 for S. in so far as not already in force by S.S.I. 2006/581, art. 2

17 Service of documents. E+W+S

Any notice or other document authorised or required to be given under this Act may, without prejudice to any other method of service but subject to any provision to the contrary in rules under this Act, be served by post; and for the purposes of the application to this section of [F19 section 7 of the M1 Interpretation Act 1978] (which relates to service by post) the proper address of a person to whose registration such a document relates shall be his address in the register.

Textual Amendments

F19 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M1 1978 c. 30.

18 Interpretation. E+W+S

In this Act, unless the context otherwise requires—

• “appointed day” in relation to any provision means the day appointed under section 19 of this Act for the commencement of that provision;

• “the Company” means The Worshipful Company of Farriers being The Livery Company of the City of London bearing that name and incorporated by Royal Charter dated the seventeenth day of January 1674 granted by His late Majesty King Charles II;

• “the Council” means the Farriers Registration Council established pursuant to secton 2 of this Act;

• “farriery” means any work in connection with the preparation or treatment of the foot of a horse for the immediate reception of a shoe thereon, the fitting by nailing or otherwise of a shoe to the foot or the finishing off of such work to the foot;

• “horse” includes pony, mule, donkey or other equine animal;

• “notice” means notice in writing;

• “prescribed” means prescribed by rules drawn up by the Council;

• “register” means the register maintained pursuant to section 3 of this Act;

• “registrar” means the registrar of the Council; and

• “shoeing” has the same meaning as farriery.

19 Short title and commencement. E+W+S

(1) This Act may be cited as the Farriers (Registration) Act 1975.

(2) This Act, except section 16, shall come into force on such day as the Secretary of State may by order appoint.

(3) The provisions of section 16 of this Act shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed under this section for the coming into force of those provisions in different areas.

(4) The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument.

(5) This Act shall not extend to Northern Ireland.

Modifications etc. (not altering text)

C1 1.1.1976 appointed under s. 19(2) by S.I. 1975/2018

C2 1.6.1979 appointed (E.W.) under s. 19(3) by S.I. 1978/1928

C3 1.11.1981 appointed (S.) under s. 19(3) with the exception of certain areas namely (i) Highland Region (ii) Western Isles Islands Area (iii) Orkney Islands Area (iv) Shetlands Islands Area and (v) all other islands: S.I. 1981/767