OpenLegislation

Section 16 Offences by unregistered persons.I1

England, Wales and Scotland

(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

F1(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F2(b)

who, having applied for registration in the register, has not had his application finally determined; F3...

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

A person who contravenes this section shall be liable on summary conviction to a fine not exceeding F4level 3 on the standard scale.

F5(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 16(1)(c) repealed by Farriers (Registration) (Amendment) Act 1977 (c. 31), s. 1(2)

F2

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

F3

S. 16(2)(c) and word omitted (31.12.2020) by virtue of The Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/457), regs. 1(1), 2(8) (with regs. 3-4A) (as amended by S.I. 2020/1038, regs. 1(3), 6); 2020 c. 1, Sch. 5 para. 1(1)

F4

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

F5

Ss. 11(2), 16(4) repealed by Farriers (Registration) (Amendment) Act 1977 (c. 31), s. 1(2)

Commencement

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