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Farriers (Registration) Act 2017

Contents

Policy background

  1. The Farriers Registration Council (FRC) is the regulatory body for the farriery profession in Great Britain (GB). It has statutory responsibilities as set out in the Farriers (Registration) Act 1975 (FRA) to maintain a register of farriers, determining who is eligible for registration and to regulate farriery training. The FRC investigates and, where necessary, determines disciplinary cases through the statutory Investigating Committee and Disciplinary Committee. In common with other statutory regulatory bodies its primary function is to protect and maintain the public interest; in doing so this also serves to act in the interests of animal welfare.
  2. The FRA was introduced in the 1974/75 session of Parliament as a Private Member's Bill. The FRA introduced a legal requirement of ensuring that only suitably qualified, approved and registered persons could shoe horses.
  3. The FRC has explained how the constraints of the FRA meant that they were experiencing operational difficulties, and has sought Government help to remedy the deficiencies it sees within the FRA.
  4. The Government, in conjunction with the Scottish and Welsh devolved administrations, has worked with the FRC to consider the most appropriate way to reform its constitution and its committees as well as introducing flexibility for the future into the FRA. The regulatory reforms within this Act relate only to the internal governance, structure and operation of the regulatory body itself.
  5. The Act:
    1. eliminates practical difficulties encountered by the FRC;
    2. modernises the regulatory structure and internal practices of the FRC;
    3. eliminates the risk of legal challenge and bring the regulation of the farriery profession into line with other professions;
    4. builds flexibility into the FRA by allowing future changes to be made by secondary rather than primary legislation.
  6. The Government's position is that reforms will provide a better fit with the five principles of Better Regulation, as established by the Legislative and Regulatory Reform Act 2006. This Act obliges regulatory bodies to have regard to certain principles, which are:
    1. Proportionality – intervene only when necessary; remedies appropriate to the risks posed;
    2. Accountability – decisions need to be justified and subject to public scrutiny;
    3. Consistent – rules and standards must be joined-up and implemented fairly;
    4. Transparent – regulators should be open with simple, user-friendly rules and regulations;
    5. Targeted – regulation needs to focus on the problem and should minimise side-effects.
  7. A joint 6-week consultation held by Defra and the Scottish and Welsh Governments was launched on the 12 November 2013. This consultation was in line with Cabinet Office consultation principles published in July 2012.
  8. The responses to the consultation were analysed and were used to inform the final proposals for the required legislative changes. This Act makes the legislative changes needed to take forward those reforms.
  9. The Act:
    1. Replaces the current legal prescription requiring both self-employed and employed working-farrier members of the FRC. In the Government's view, this distinction is no longer necessary, or representative as 96% of registered farriers are self-employed.
    2. Stipulates that the chair of the FRC must be elected by the FRC.
    3. Alters the membership of the statutory Investigating Committee and Disciplinary Committee. Instead of the committees constituted from members of the FRC the reverse will apply; membership must not be members of the FRC. This seeks to achieve a 'separation of powers' ensuing that those who set standards for the profession are not the same as those who investigate and adjudicate upon potential breaches of those standards. In the Government's view, the current system is out of date and at risk of legal challenge on the grounds of insufficient independence and lack of impartiality. Such a challenge might arise in the form of a judicial review or on the basis that the Act is incompatible with the European Convention on Human Rights (ECHR).
    4. Introduces 'fitness to serve' requirements for all members of the FRC and the statutory committees. This is the practice in other regulatory bodies, as well as defined terms of office;
    5. Provides that any future amendments to the governance arrangements of the FRC and committees can be made by secondary legislation.

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