Point 15 - DISPOSAL OF DETAINED HORSE(S) PURSUANT TO SECTION 39(2)(F) OF THE ACT

1. Where the Council or Superintendent decides to refuse to release a detained horse because it;
   1. Is not satisfied that adequate accommodation and sustenance, or if detained under Section 37(2) of the Act, adequate veterinary attention will be provided to the horse or;
   2. Has reason to believe the horse will be cruelly treated and has decided to dispose of the horse, its disposal may be by way of sale, destruction or rehoming
2. Where it is proposed to dispose of a horse under the Bye-Law, the Council or the Superintendent shall send a notice in writing as set out in Form 3 of Schedule A to the owner or keeper (whose whereabouts is known or can be readily found) of the horse, stating the reason(s) for the refusal to release the horse and that at any time at the expiration of five days from the date of the notice, or such longer period as may be stated in the notice, it is proposed to dispose of the horse and that the owner or keeper may within that period make representations to the Council or the Superintendent, as the case may be, against the proposal.
3. Where a horse has been disposed of under this Bye-Law by way of sale, the Council or the Superintendent shall retain out of the proceeds of sale the amount equivalent to all costs, fees and expenses of any kind in relation to the horse, incurred by the Council or the Superintendent of any kind in relation to the horse, incurred in relation to the seizure, detention and disposal of the horse if known and any balance shall be remitted to the keeper of the horse if known, or if unknown shall be retained by the Council.
4. Prior to the Council or the Superintendent deciding to dispose of a horse under this Bye-Law they shall firstly consider any representations that may have been made to it or them in writing by the owner or the keeper.