Transfer of Ownership
When a Highland pony is sold, it should be transferred to the new owner immediately by the completion of a transfer form signed by both parties and endorsement of the reverse side of the Registration Certificate. To comply with EU legislation, the new owner of a pony must, within 30 days of purchasing, return the passport to the Passport Issuing Organisation which issued it together with details of the name and address of the new owner. The passport, Registration Certificate and completed transfer of ownership form should be sent to the Society with the appropriate fee. See list of fees for charges.
It is an offence not to report a transfer of ownership. However, if a longer time has elapsed since the change of ownership, please send in the passport and Registration Certificate with the Transfer form and fee as soon as you can. There will be no penalty for late transfers of ownership.
If a pony is being transported by another individual, the passport should accompany the pony. In this situation, the Registration Certificate together with the transfer of ownership form and the appropriate fee should be sent to the Office with a note saying that the passport will follow once the pony has arrived at his new location.
It is the legal responsibility of the new owner to undertake the transfer into their name within 30 days of purchase although the payment for the transfer is often given by the seller as a “luck penny” at the time of sale.
Transfers should be notified to the Society promptly. They are of vital importance when showing regulations require proof of ownership or if a dispute about ownership should arise. Ponies cannot be registered to a breeder unless the dam is in their ownership or an HPS loan transfer has been completed. A completed transfer is the owner’s protection as it forms a contract in Scots Law.
Sometimes sellers give a £10 note or cheque, to meet the cost of the transfer, with the pony and its papers the new owner on the understanding that the new owner will complete the transfer of ownership with the Society. If sellers elect to do this they should inform the Secretary of the Society and give details of the new owner on the Notification of Sale which is the top part of the Transfer of Ownership Form.
National Guidance Notes and forms for the export of ponies are available from Animal Health Divisional Offices of DEFRA and the Rural Directorate of the Scottish Government. The Gov.UK website helpfully gives up-to-date information on the import/export of equines. Here is a link to the requirements from 1 January 2021: https://www.gov.uk/guidance/export-horses-and-ponies-from-1-january-2021. The Society stresses that members exporting ponies should ensure that transfers of ownership are recorded by the Society.
Male progeny will be registered as colts or geldings as appropriate. There is no charge for transfer to gelding for registered colts.
Having a Highland Pony Society Loan Transfer in place allows the keeper of the pony to exhibit and breed (using their own prefix) as if they are the pony owner. Mares on loan for breeding purposes must be recorded as such by completing a loan transfer BEFORE progeny can be registered in the borrower’s name.
The Loan Transfer form MUST be signed and dated both by the LENDER(S) and BORROWER(S) of the pony.
Registration documents need not be sent to the Society with loan applications but the appropriate fee must be included.
The borrower of a pony will be accorded the rights of the owner by the Society and will be recorded as the keeper of the pony.
On completion of a loan, the Highland Pony Society should be informed and the keepership will revert to the registered owner. There is no charge for this.
It is recommended that, when loaning a pony, a commercial loan agreement is also signed by both parties. A template for this is available on the British Horse Society website: https://www.bhs.org.uk/advice-and-information/horse-ownership/loaning-a-horse. This agreement will cover details such as veterinary treatment, field maintenance, visiting rights and the agreed/anticipated date of loan completion. It can be personalised to each owner and borrower’s situation.
Death of Pony
On the death of a pony, the passport should be returned to the Society together with the Registration Certificate. If, for sentimental reasons, owners wish the papers returned, an A4 stamped addressed envelope together with appropriate postage should be included.