Welfare of Equids: Guidance

Legal responsibilities

Animal Health and Welfare (Scotland) Act 2006 (the “2006 Act”)

The purpose of Part 2 of the 2006 Act is to promote the welfare of animals and prevent harm. To cause any animal unnecessary suffering is an offence under section 19 of the 2006 Act.

Under section 24 of the 2006 Act, any person responsible for an animal must take such steps as are reasonable in the circumstances to ensure that their needs are met to the standard required by good practice. Although this guidance does not have legislative effect, it is intended to promote and give examples of good practice. The welfare advice in this guidance may also be considered relevant by the courts in any prosecution of offences under sections 19 (unnecessary suffering) and 24 (ensuring welfare of animals) of the 2006 Act. The relevance of the guidance to any prosecution will depend on the facts and circumstances and, in some cases, the guidance may not have any bearing on the prosecution.

The circumstances to which regard is to be had under section 24, include any lawful purpose for which the animal is kept and any lawful activity undertaken in relation to the animal. Section 24 does not apply to the destruction of an animal in an appropriate and humane manner.

The needs of an animal include:

a) their need for a suitable environment,

b) their need for a suitable diet,

c) their need to be able to exhibit normal behaviour patterns,

d) any need they have to be housed with, or apart from, other animals,

e) their need to be protected from suffering, injury, and disease.

Failure to meet these obligations may be an offence under the 2006 Act.

Responsibility for animals

Section 18 of the 2006 Act defines a person as responsible for an animal if they have charge of it on a permanent or temporary basis. This includes owners, livery yard operators, transporters, and anyone else who is permanently or temporarily in charge of the animal.

Individuals are considered responsible for an equid if they own or are in charge of it. Important points include that:

• an owner is always regarded as responsible for an animal even if another person is providing daily care,
• a person does not relinquish responsibility for an animal by reason only of abandoning it,
• a parent or guardian is responsible for any equid for which a person under 16 is responsible.

Owners should therefore ensure that any individual entrusted with temporary care is competent and has authority to act in an emergency.

Anyone responsible for an equid should:

• understand the health and welfare needs of the animal,
• comply with relevant legislation,
• know when and how to seek advice from qualified professionals (e.g. veterinary surgeons and nurses, farriers and allied professionals). Relevant link here:

Employing Allied Professionals (and other service providers) - National Equine Welfare Council.

Each animal may have additional, individual needs beyond the basic requirements outlined in this Guidance. If unsure, owners or keepers should seek advice from appropriate sources.

Recommended organisations include:

• British Horse Society - www.bhs.org.uk.
• World Horse Welfare – www.worldhorsewelfare.org.
• The Donkey Sanctuary - www.thedonkeysanctuary.org.uk.
• The Scottish Society for the Prevention of Cruelty to Animals - www.scottishspca.org.
• Redwings Horse Sanctuary - www.redwings.org.uk.
• Blue Cross - www.bluecross.org.uk.
• National Equine Welfare Council – www.newc.co.uk.

For competition horses, further advice should be obtained from the relevant disciplinary bodies or governing authorities.

Identification and passports

The Animal (Identification) (Scotland) Regulations 2019 (the “2019 Regulations”) make provision to implement and enforce Commission Implementing Regulation (EU) 2015/262. Together, they set out the rules in relation to the identification of equids.

All equids must have an equine passport. In Scotland, the responsibility for applying for a passport lies with the keeper, who is usually the owner. It is a legal requirement for all equids to be microchipped.

The passport:

• assists in preventing equids treated with certain veterinary medicines from entering the food chain,
• helps to prevent the sale of stolen animals,
• ensures accurate identification and links the equid permanently to their passport via microchip.

Microchipping and transponder insertion

Microchipping became mandatory for all equids from 28 March 2021. It is a legal requirement that microchips (transponders) must only be inserted by a veterinary surgeon registered with the Royal College of Veterinary Surgeons (RCVS).

Microchipping:

• establishes a permanent link between an equid and their passport,
• aids in the recovery of stolen or abandoned equids,
• facilitates enforcement in welfare cases.

Passport contents and use

Each passport includes:

• unique equid life number (UELN),
• microchip code number,
• silhouette / markings and site of microchip implantation,
• owners' details,
• breed/type and age,
• vaccination history,
• record of food chain eligibility.

The passport is not an ownership document. It is an identification document and a veterinary record. Passports must accompany the equid at all times, except in the limited circumstances permitted in legislation.

Applying for a passport

Passport application forms are available from authorised passport issuing organisations (PIOs). A passport issued by an unauthorised body is not valid. PIOs must comply with the standards set out in the official guidance: Horse passports: Minimum Operating Standards (MOpS) for Passport Issuing Organisations (PIOs) - gov.scot.

Application deadlines

If applying to a PIO in Scotland, your application must be received no later than 30 days prior to the deadline, which is the later of:

• 31 December in the year of birth, or
• End of the month that is six months after the animal’s birth.

ScotEquine card

The ScotEquine card is a secure, plastic ID card containing statutory details. It:

• is issued by the same body that issued the equid’s passport,
• can accompany the equid during transport within Scotland as an alternative to the paper passport.

ScotEquine cards provide an exception to the general rule that passports must accompany equids at all times. However, it does not replace the passport and cannot be used for:

• moving an equid to slaughter,
• the sale or transfer of ownership.

Movement restrictions without a passport

Equids must not be moved without a valid passport or, where applicable, a ScotEquine card. For example, without a passport or ScotEquine card, equids cannot be:

• moved to participate in a competition,
• ridden or driven away from the home premises (unless in the vicinity of those premises or during seasonal movement to or from registered summer grazing ground and provided that the passport or smartcard can be produced without undue delay),
• permanently moved from the place of birth (unless they are foals at foot with their dam).

Slaughter and food chain eligibility

An equid can only be slaughtered for human consumption if:

• it is accompanied by a valid passport, and
• the appropriate section of the passport confirms it is intended for human consumption.

In Section II, Part II of the passport, there is a declaration to indicate if the equid is not intended for slaughter for human consumption. Part II, Section IX in pre-2016 issued passports are different in that they require a signature to confirm that either the animal is intended for human consumptions or that the animal is not intended for human consumption. If this declaration is not signed, the equid is to be treated as though it is intended for human consumption. In certain circumstances the declaration must be signed to declare the equid as not intended for slaughter for human consumption. Declarations that indicate that an equid is ‘not intended for slaughter for human consumption’ cannot be reversed.

For all equids eligible to enter the food chain, a registered (UK Practising) veterinary surgeon must record all the medicinal products containing “essential substances” (substances essential or bringing added clinical benefit for the treatment of equids listed in Regulation (EC) No 1950/2006) in the passport, as this may affect slaughter eligibility.

Selling or buying an equid

If buying an equid, you should ensure that you obtain the passport from the previous keeper, as the passport will need to be updated to reflect your new ownership. Failure to update the passport with new ownership details is an offence.

If you purchase an equid, you must lodge the updated passport with the relevant passport issuing organisation (PIO) within 30 days of the change in ownership.

Report attempts to sell an equid without a passport to Trading Standards.

Importing and Exporting

Equids imported from the EU must have a valid passport issued by an authorised EU PIO. If the equid is to stay in the UK for longer than 90 days, its passport must be sent to a UK PIO within 30 days of arrival.

Death of an Equid

If your equid dies, you must return the passport to the issuing body within 30 days of its death. Failure to return the passport is an offence.

You may request the passport be returned after invalidation for personal records.

If the equid is slaughtered at an abattoir, the abattoir is responsible for returning the passport within 30 working days.

What is equid welfare?

An equid’s welfare represents how they feel at a particular moment or over a period of time and can be measured on a scale from very good to very poor. An equid’s welfare is determined by both their physical health and mental state, with the balance of positive to negative experiences reflected in their emotional state.

All equids have three fundamental behavioural needs - the 3 F’s: Friends, Forage, and Freedom - which are essential for supporting normal behaviours and promoting positive emotions. Restricting one or more of the 3 F’s can trigger a stress response and cause emotional distress, the severity of which depends not only on the degree of restriction but also on various other factors that influence how the equid feels. While there are often practical limitations that may restrict full access to all three needs, which can prevent an equid from living its best possible life, even small changes to management practices can have a positive impact on equid welfare.

The internationally recognised Five Domains Model of Animal Welfare Assessment framework ensures a comprehensive approach to equid well-being by addressing how nutrition, physical environment, health and behavioural interactions impact on the fifth domain- mental state.

The Five Domains of Animal Welfare:

1. Nutrition – Equids require a diet that meets their physiological and behavioural needs, ensuring access to appropriate forage, fresh water, and a feeding regime that promotes good physical and mental health.

2. Environment – The living environment should provide shelter, space and conditions that promote safety, rest, freedom of movement and minimising exposure to hazards or extreme weather.

3. Health – Preventative healthcare, including routine veterinary checks, vaccination, parasite control, hoof care, and dental care is essential to maintaining physical well-being. Timely intervention is crucial when signs of illness, injury, or distress arise.

4. Behavioural Interactions – This is further broken down into three subsections:

a. Interactions with other animals: Management practices should prevent boredom, frustration or social isolation. Equids are social animals with natural behaviours that must be accommodated, including opportunities for social interaction, exercise and mental stimulation.

b. Interactions with the environment: Equids thrive when living in varied and enriched environments that they can engage with to learn, develop appropriate skills and reduce boredom.

c. Interactions with people: Equids should experience more positive experiences in their interactions with people than negative ones, this includes riding and training, where appropriate, but also general handling.

5. Mental State – Each of the first four domains influences the equid’s mental state, generating either positive or negative experiences. By ensuring safety, security and choice, and by meeting species-appropriate needs such as social bonds, movement, and forage, keepers can minimise stress, fear or discomfort. Positive, low-stress interactions with people are especially important for both equid welfare and human safety. In this way, equids can feel secure, content, and able to express natural behaviours, thriving in the life provided for them.

Owners and keepers should focus on promoting positive experiences and minimising negative experiences for their equids. To find out more about the 5 Domains of animal welfare please visit - The Five Domains of animal welfare - World Horse Welfare.

The welfare of an equid and their overall quality of life is determined by the balance between positive and negative emotional experiences. While some unpleasant experiences may occur for health or welfare reasons, it is essential that such experiences are minimised wherever possible.

Owners and keepers should not only be aiming to reduce negative experience, but striving to provide opportunities to meet equid needs effectively and provide positive experiences. Allowing equids to have choice/agency within their lives is crucial in providing them with a good life. When equids are denied the opportunity to meet their own needs or resolve stressors themselves at the time of their experience, these repeated negative experiences can become prolonged leading to chronic stress, ultimately compromising both mental and physical welfare. Persistent negative states may also reduce the equid’s capacity to engage in positive experiences.

Equids that experience a greater balance of positive over negative mental states are more resilient to stress, physically healthier and better able to cope with challenges. They are likely to be more adaptable, recover more quickly from setbacks and injury and build stronger bonds with people and other equids. Such animals do not just achieve a life worth living but move towards a good life, where they can thrive through security, confidence and the expression of species-specific behaviours. Providing positive experiences also benefits owners and keepers - equids in good mental states are usually easier and safer to handle, more trainable, more consistent in performance and less likely to incur veterinary costs.

Professional support

Veterinarians, equid veterinary nurses and allied professionals play a vital role in supporting owners and keepers of equids to safeguard and prioritise equid welfare. Through preventative healthcare, timely diagnosis and treatment, and clear, evidence‑based advice, they help promote good management, early intervention and responsible decision‑making. By working collaboratively across disciplines and building trusting relationships with owners and keepers, these professionals support high standards of care, advocate for the equid’s needs and promote welfare‑focused outcomes throughout every stage of an equid’s life. Owners and keepers should ensure that any allied professional they use is appropriately qualified and insured, and where appropriate registered.