§ Mr. Cartwright
asked the Secretary of State for the Environment what powers are available to local authorities to deal with nuisance caused by horses roaming wild in urban areas or tethered on public or private open space.
§ Mr. Denis Howell
Sections 24 and 25 of the Town Police (Clauses) Act 1847 provide for the impounding and disposal by local authorities of stray horses found in the street, and under Section 7 of the Animals Act 1971 any person can, subject to conditions impound livestock straying on his land.199W
Under Section 164 of the Public Health Act 1875 and Section 15 of the Open Spaces Act 1906 local authorities can make byelaws prohibiting the taking of horses on to public open space, and under Section 135 of the Highways Act 1959 they can prosecute the owner of a horse found straying on a highway. The statutory nuisance provisions of the Public Health Act 1936 may also be relevant in particular cases.