RULES OF RACING
PART I
APPLICATION, INTERPRETATION AND DEFINITIONS
APPLICATION
101 (1) These Rules shall apply to all Races, Race Meetings and all matters connected with racing, and shall apply to and be binding on:
(a) Federation of Mongolian Horse Racing Sport and Trainers;
(b) all Clubs and Club Committees; and agents, employees and officers of every such Club;
(c) all Licensed Persons and others working in or about any racing stable, or in connection with the management, care, control or superintendence of racehorses and their training and riding;
(d) all Owners, lessees and any persons comprising or having a legal or beneficial interest (either directly or indirectly) in an Owner, lessee or Legal Ownership Entity that is an Owner or lessee, or in a Legal Ownership Entity that has a legal or beneficial interest (either directly or indirectly) in an Owner or lessee under these Rules, and the Racing Manager, as applicable, thereof;
(e) all persons seeking admission to or attending any Racecourse on which any Race Meeting is held;
(f) all Horse Breeders;
(g) every person who in any manner directly or indirectly, by himself or any other person on his own behalf or on behalf of any other person, does or attempts to do any act or thing for the purpose of securing any right, benefit or privilege which he or any such other person is not entitled to receive under these Rules, or to evade any disability of any kind imposed on him or any such other person by or under these Rules;
(h) every person who aids, abets, counsels or procures a breach of these Rules (and such person shall be liable to the same penalty as is provided for the actual breach);
(i) every person who so acts as to bring himself within the purview of these Rules; and
(j) all Judicial Committees and Appeals Tribunals.
(2) These Rules shall apply to any horse:
(a) as soon as it is taken in hand by any person for the purpose of being trained for racing;
(b) whether then taken in hand or not as aforesaid, as soon as it is entered for any Race or registered under these Rules;
(c) irrespective of the two last preceding paragraphs, at all times when it is in the possession or ownership of a disqualified person, or (during the period of disqualification) while it is in the ownership or possession of any person to whom it was sold or otherwise disposed of, after the commission of the breach or Serious Racing Offence in respect of which his disqualification was imposed; or
(d) generally when anything is required or otherwise provided to be done under these Rules in respect of such horse.
(3) All bodies and persons to whom these Rules are applied as aforesaid shall at all times be deemed to have full knowledge of these Rules, and of their rights, duties, liabilities and obligations thereunder, and to agree to be bound by the decisions and acts of all tribunals and persons authorised by these Rules to act and give decisions.
INTERPRETATION
102 In these Rules, unless the context otherwise requires:
(a) words importing the singular also include the plural and vice versa;
(b) the headings and subheadings in these Rules are not deemed to be part of the Rules or to be taken into consideration in interpreting and construing the Rules;
(c) references to inclusions do not imply any limitation;
(d) a reference to any policy includes all amendments to, supplements to and replacements of such policy;
(e) all references to Rules are references to Rules in these Rules of Racing;
(f) a reference to a Schedule or an Appendix is a reference to a Schedule or an Appendix to these Rules; and
(g) words importing the masculine gender include the feminine.
103 (1) These Rules are to be read and interpreted with the purpose of ensuring that Races and racing be conducted effectively, efficiently and with integrity.
(2) For the purpose of jurisdiction of these Rules, where any act or omission forming part of any breach or Serious Racing Offence, or any event necessary to the completion of any breach or Serious Racing Offence, occurs in Mongolia, the breach or Serious Racing Offence shall be deemed to be committed in Mongolia, whether the person charged with the breach or Serious Racing Offence was in Mongolia or not at the time of the act, omission, or event.
DEFINITIONS
104 In these Rules, unless the context requires otherwise:
Agent means a person who is legally authorised to act on behalf of another, whether generally or for a limited purpose, to create a legally binding relationship with a third party.
Agreement of Apprenticeship means an agreement of apprenticeship between an Apprentice and a Club or Trainer, as applicable, provided the agreement is executed in the form prescribed by FMHRST and is entered into in accordance with the Apprentice Policy.
Another Racing Authority means FMHRST or a recognised authority of thoroughbred horse racing, or of any country (or state in such country) other than Mongolia.
Apprentice means:
(a) a person who is a holder of a rider’s licence and who is undertaking a modern or other apprenticeship towards a qualification as a Rider or Stablehand, as applicable; or
(b) any other person who is undertaking a modern or other apprenticeship towards a qualification in Racecourse management, in accordance with FMHRST’s Apprentice Policy and subject to an Agreement of Apprenticeship.
Apprentice Policy means the Apprentice Policy published, from time to time, by FMHRST.
Appeals Tribunal means an Appeals Tribunal appointed by the Judicial Control Authority.
Arrears means any money payable by any person or body under these Rules or payable to FMHRST or a Club in connection with any of its activities or operations and which remains unpaid for more than 28 days after becoming due for payment and includes any money or payment specifically deemed by any of these Rules to be Arrears.
Assistant Investigator means a person appointed under Rule 201.
Assistant Stipendiary Steward means a person appointed under Rule 201.
Authorised Person means:
(a) a person acting in any hospital who is employed;
(b) a nurse registered;
(c) a medical laboratory technologist registered
Chief Executive means the Chief Executive of FMHRST.
Clerk of the Scales means a person appointed by FMHRST or a Club to carry out the duties as the Clerk of the Scales in accordance with these Rules at a Race Meeting.
Club means an incorporated society registered with FMHRST pursuant to FMHRST’s Constitution.
Counsel means a barrister and/or solicitor.
Court of Law means a court of law in Mongolia.
De facto Partner means a person in a de facto relationship with another person, which is a relationship between two persons:
(a) who are both aged 18 years or older;
(b) who live together as a couple; and
(c) who are not married to, or in a civil union with, one another.
Emergency Medical Officer means a qualified first aid provider or emergency medical provider appointed by FMHRST as an Official in that capacity for a Race Meeting.
Foreign Horse means a horse foaled outside of Mongolia.
Horse Breeder means any person who owns or leases a broodmare or stallion entered, or eligible for entry, in Mongolian Stud Book.
International Cataloguing Standards means the International Cataloguing Standards published by the International Federation of Horseracing Authorities.
Investigator means a person appointed under Rule who shall be deemed to be a racecourse inspector.
Judge means the person appointed by FMHRST or a Club to declare the official placings for each Race at a Race Meeting.
Judge’s Report means the report specifying for a Race the placings of horses in stake-bearing placings and the placing immediately following the last stake-bearing placing, which is prepared and signed by the Judge.
Judicial Committee means a Judicial Committee appointed by the Judicial Control Authority.
Legal Ownership Entity means any legal person (e.g. a company or a Limited Partnership) other than a natural person or group of natural persons (e.g., persons in a syndicate or partnership).
Licence means one or more of the following licences:
(a)rider’s licence;
(b)trainer’s licence; or
Licensed means holding a valid and applicable Licence at that time.
Licenceholder means the holder of one or more of the following licences:
(a) rider’s licence;
(b) trainer’s licence; or
Such person may also be referred to as a Licensed Person.
Limited Partnership means a limited partnership formed in accordance with the Limited Partnerships.
List of Disqualifications means the List of persons and horses who are disqualified in accordance with the Rules, which is kept by FMHRST.
Maiden means for a Flat Race, a horse, which at the time of starting in a Flat Race, has not previously won a Flat Race.
Maiden Race means in respect of a Flat Race, a Race of that type in which only Maidens may start.
Near Relative means the:
(a) wife, husband, civil union partner, or De facto Partner;
(b) the father, father-in-law, mother, mother-in-law, and/or civil union partner or De facto Partner of the father or mother;
(c) son, son-in-law, daughter, daughter-in-law, and/or civil union partner or De factor Partner of the son or daughter; and
(d) brother, brother-in-law, sister, sister-in-law, and/or civil union partner or De facto Partner of the brother or sister,
of the person in question.
Notice of Appeal means a prescribed notice of appeal in the appropriate form required by FMHRST, which is filed with the Appeals Tribunal to appeal a ruling or decision made by a Judicial Committee.
Notifiable Gear means the notifiable gear set out in gear list approved and published by FMHRST.
Official means a person appointed or employed by FMHRST or a Club to carry out official duties in accordance with these Rules either at a Race Meeting or in any matter which relates to Races or racing.
Official Result of Placings means the result of the official placings of horses in stake-bearing placings and the placing immediately following the last stake-bearing placing as declared.
Owner includes, in relation to a horse, a person, being a natural person or a group of natural persons or a Legal Ownership Entity, who has an Ownership interest in a horse, and “Ownership” and “Owned” have a corresponding meaning.
Person includes a corporation sole, a body corporate (e.g. a Club), and an incorporated body.
Race means a horse race or competition (not being a harness race or competition) conducted during a Race Meeting, which is conducted by any Club and “to Race” has a corresponding meaning.
Race day means a day of a Race Meeting on which Races are held.
Racecourse means a racecourse which is owned or under the control of a Club and includes all the land and improvements - such as stands, seats, stables, enclosures, rooms, offices, carparks - used in connection with the conduct or observation of Races, Race Meetings or other matters connected with racing.
Race Meeting means any meeting conducted by a Club at which horse racing takes place.
Racing Manager means a person approved by FMHRST as a Racing Manager.
Racing Policy means any Racing Policy published by FMHRST, from time to time.
Racing Year means the period beginning on the first day of January in any calendar year and ending on the 31st day of December in the next succeeding calendar year.
Register of Non Stud Book Mares means the register of Non Stud Book Mares kept by FMHRST.
Register of Stud Book Mares means the register of Stud Book Mares kept by FMHRST.
Registered Medical Practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of Mongolia, a practitioner of the profession of medicine.
Registrar means a person appointed to act as a registrar for a Tribunal.
Review Panel means the panel established to review .
Rider means a person authorised by these Rules, whether as the holder of a Rider’s Licence or otherwise howsoever to ride a horse in a race, and for the purposes of the drug and alcohol testing provisions in these Rules.
Rider’s licence means licence for the rider.
Rules means these Rules of Racing, being the rules made by FMHRST.
Serious Racing Offence means a Serious Racing Offence within the meaning of these Rules and includes any other breach of these Rules which is adjudged or declared, by a Judicial Committee pursuant to a power to do so contained in any of these Rules, or deemed by any of the Rules, to be a Serious Racing Offence.
Starter means the person appointed by FMHRST or a Club to start Races at a Race Meeting together with that person’s assistants.
Stipendiary Steward means a person appointed under Rule 201.
Trainer means the holder of a valid trainer’s licence.
Trainer’s licence means a licence for trainers.
Trainer’s Premises means any place, or part of a place, at which horses that are in training are quartered or trained or worked and:
(a) which is owned, leased or occupied by a Trainer;
(b) in respect of which a Trainer has any right of access; or
(c) which is reasonably believed by FMHRST or a Tribunal to be in some way related to a Trainer.
Training Facility means any place at which horses are actively trained or worked and:
(a) which is owned, leased or occupied by a Club;
(b) in respect of which a Club has any right or ability to access; or
(c) which is reasonably believed by FMHRST or a Tribunal to be in some way used by a Club.
Training Partnership means a training partnership which has been approved under Rule 309.
Tribunal means a Judicial Committee or an Appeals Tribunal.
Weight-for-Age Races means a Race with the weight to be carried by each horse allotted in accordance with the weight-for-age scale set out in the Racing Policy.
Withdrawal Deadline means, for a Race, the time and date fixed and advertised as the closing time and date for withdrawals for that Race.
NON MATERIAL ADMINISTRATIVE ERRORS
105 A failure, omission, error, failure to follow a protocol or instruction, oversight, want of form, irregularity or similar such thing, any of which is administrative in nature, shall not affect any act done, or purportedly done, or an information, penalty, decision, order, document, process or proceeding related to these Rules unless it is of material effect; and the relevant decision-maker (including a Tribunal) has the power to cure or ignore any such failure, omission, error, failure to follow a protocol or instruction, oversight, want of form, irregularity or similar such thing, any of which is administrative in nature, unless it believes it to be of material effect.
REGULATIONS AND OTHER ADMINISTRATIVE MATTERS
106 FMHRST may make or issue the following under these Rules:
(a) regulations;
(b) directives;
(c) policies;
(d) guidelines;
(e) practices,
all of which must be followed by those bound by the Rules.
DELEGATION
107 The Board, or the Chief Executive, of the Federation of Mongolian Horse Racing Sport and Trainers, may delegate any power, duty, right or obligation the Board or the Chief Executive (as applicable) has under these Rules to any agent, employee, director or officer of the Federation of Mongolian Horse Racing Sport and Trainers.
PART II
STIPENDIARY STEWARDS, INVESTIGATORS
APPOINTMENT, FUNCTIONS AND DUTIES OF STIPENDIARY STEWARDS AND INVESTIGATORS
201 (1) FMHRST may appoint:
(a) Stipendiary Stewards;
(b) Assistant Stipendiary Stewards;
(c) Investigators; and
(d) Assistant Investigators.
(2) Assistant Stipendiary Stewards and Assistant Investigators shall be deemed to have the same duties, rights and obligations as are provided in these Rules for a Stipendiary Steward or Investigator, respectively, except in any of the following respects:
(a) where the context of a particular rule requires otherwise; or
(b) where the terms or conditions of his appointment require otherwise.
202 All acts by any Stipendiary Steward or Investigator, Assistant Stipendiary Steward or Assistant Investigator shall, notwithstanding any subsequent discovery of some defect in his appointment, or that he was not qualified for appointment, be valid.
203 Stipendiary Stewards and Investigators shall at all times be admitted free to Racecourses and Training Facilities and to every part thereof and in performance of their duties shall have the right to enter into any building, room, or place thereon provided such entry reasonably relates to their functions.
204 The functions of Stipendiary Stewards and Investigators are to:
(a) maintain the integrity of Races and racing;
(b) regulate and oversee all Race day matters and all matters related to Races and racing;
(c) investigate potential breaches of the Rules;
(d) assist in relation to licensing matters;
(e) generally, to do all things necessary so that Races and racing are conducted efficiently and with integrity and in accordance with these Rules.
205 Stipendiary Stewards and Investigators shall have such powers and functions as provided by these Rules and such further powers as may be reasonably necessary to enable them to carry out their functions under these Rules and to give effect to and implement these Rules.
206 Stipendiary Stewards and Investigators have the power at any time to investigate any matters relating to Races or racing.
207 (1) During a Race Meeting Stipendiary Stewards and Investigators, in addition to all other powers conferred on them by these Rules, have the power to:
(a) regulate and control the conduct of the Officials and of all Licenceholders and persons attending on horses;
(b) request the Judicial Committee to order the removal of an Official for the duration of the meeting and to order the appointment of another person to act in place of the person so removed;
(c) appoint a deputy of or assistant to any such Official;
(d) order the removal of any Rider and substitute another in his place;
(e) request the Judicial Committee to determine any dispute concerning the exercise or proposed exercise by them of any of their powers or duties under these Rules; and
(f) take such steps as they consider necessary for the purpose of horse and Rider welfare.
(2) Stipendiary Stewards and Investigators shall, in addition to all other powers conferred by these Rules, have the power to question any person and require him to supply any information within his knowledge or possession or to make a written declaration (statutory or otherwise) or statement, respecting any matter connected with racing or otherwise being investigated by them.
208 Stipendiary Stewards and Investigators have the power:
(a) to require from the person in whose name such horse is entered, proof:
(i) of his ownership or other interest entitling him to enter such horse for the Race;
(ii) that such horse is not wholly or in part owned by a person whose ownership of such horse would make it ineligible to start in such Race; and
(iii) that such horse is not otherwise ineligible to start in such Race;
(b) at any time to detain and/or take possession or allow any person specified by them to take possession for such period as they or such person considers necessary or desirable, any horse which has been entered for or started in a Race and to examine that horse or order that it be examined by such person or persons as they direct and at such time and place as they specify:
(i) for the purpose of ascertaining whether that horse is the horse it is or was represented to be; and
(ii) for any other purpose as they think fit;
(c) to require any horse to be produced for inspection, examination or observation by any person specified by them at a time and place also so specified, and to have such a horse tested and/or have any sample taken from it (including, without limitation, a sample of its hair, urine and/or blood;
(d) at any time to order and/or cause a horse to be removed from the Racecourse;
(e) to order the person who entered a horse for any Race to declare the name of the Owner or lessee (as the case may be) and the names of all persons interested directly or indirectly in the horse or the horse's stake earnings and if such person fails to prove to the satisfaction of the Stipendiary Stewards or Investigators that the declaration is true in every particular, a Stipendiary Steward or Investigator may file an information requesting the Judicial Committee to declare the entry of such horse to be invalid, the money paid for such entry to be forfeited to FMHRST on behalf of the Club, and the stakes (if any) to be forfeited for the Race in which the horse is entered;
(f) to require a Rider to permit a sample of his blood, breath, urine, saliva or sweat (or more than one thereof), to be obtained from him by or under the supervision of a Registered Medical Practitioner or an Authorised Person at such time and place as a Stipendiary Steward or Investigator shall nominate;
(g) to require a Rider to undergo a medical examination by a Registered Medical Practitioner or an Emergency Medical Officer or similarly experienced person if they consider on reasonable grounds that the Rider may be unfit to ride in a Race he is proposing to ride in on that day because of injury, illness or other disability; and
(h) to enter a Trainer's Premises and access any facility (including a horse float) at reasonable times for the purposes of:
(i) requiring a Rider to permit a sample to be obtained by them pursuant to rule 208(f) above;
(ii) ensuring non-Licensed Persons are not involved in the care, control or training of a horse;
(iii) ensuring horse and Rider welfare;
(iv) ensuring any relevant Trainer's Licence conditions are being observed;
(v) ensuring only a Rider, (permitted to ride horses under their licence) or a Trainer, or a person approved to ride by a Stipendiary Steward, is riding a horse; or
(vi) speaking to a person in connection with an inquiry or investigation.
209 (1) Stipendiary Stewards and Investigators may scratch from a Race, or declare ineligible to start in a Race until a specific condition is met, any horse on any reasonable grounds including but not limited to:
(a) that the horse is not in a fit condition or state to race;
(b) that the horse has a contagious or other disease;
(c) that the horse has or may have had administered to it a Prohibited Substance;
(d) that the horse has had, or is to have, or may have had used on or in relation to it, any gear, appliance or device not previously approved by FMHRST;
(e) that the horse is to race with any gear, appliance, device or equipment which is faulty or unsafe and cannot immediately be replaced by the Trainer or Rider; or
(f) that the brands and/or markings of the horse are incorrect or that the identity of the horse is not able to be established.
(2) A dispute as to the exercise or proposed exercise of a Stipendiary Steward's or Investigator's power pursuant to sub-Rule (1) hereof may be referred to the Judicial Committee for final determination provided:
(a) or any Authorised Wagering Operator has not been notified of the outcome of that exercise or proposed exercise of power; and
(b) it is not within ten minutes of the official start time of the Race determined by the Racing Board.
210 (1) From any time at which withdrawals close for any Race Meeting and during any Race Meeting Stipendiary Stewards and Investigators have power where any horse has been entered for or has run in any Race, to order:
(a) that any person take and maintain possession of any horse at any place for such period and under such conditions as the Stipendiary Stewards or Investigators specify; and/or
(b) that the horse be examined and/or tested and/or have any sample taken therefrom (including a sample of its urine and/or blood). Any such sample ordered to be taken shall as far as practicable be taken in accordance with the swabbing instructions or other direction (if any) from FMHRST in force at the time of the order.
(2) Neither a Stipendiary Steward nor an Investigator nor FMHRST nor any person authorised by any of them to act under these Rules, nor any employee nor agent of any of them shall be liable for damages to the Owner or lessee (as the case may be), or Trainer of such horse or to any other person subject to these Rules at any time when the alleged cause of action arose by reason of the exercise of the powers conferred hereby or by any other Rule.
211 For the purposes of these Rules, where applicable, Stipendiary Stewards and Investigators shall be deemed to be duly authorised officers or agents of the Club and the Club Committee at every Race Meeting.
212 Stipendiary Stewards and Investigators shall have the duty and power to:
(a) exclude and/or remove from any Racecourse any person excluded or prohibited from having admission or entry thereto under these Rules; and
(b) take such steps as may be reasonably practicable to prevent undesirable persons from having any connection with or influence on:
(i) racing;
(ii) Race Meetings; and
(iii) any Licensed Person.
PART III
LICENSED PERSONS AND LICENCES
LICENCES
301 (1) FMHRST may grant Licences.
(2) When considering an application or granting a Licence, FMHRST may:
(a) exempt an applicant from any requirement for that Licence; or
(b) impose such conditions as it sees fit in respect of that Licence.
(3) A Licence shall not be issued to any person:
(a) who is or has been an illegal bookmaker or an illegal bookmaker’s clerk or agent;
(b) who is excluded from entering a Racecourse;
(c) who is undergoing a period of disqualification imposed under these Rules or by Another Racing Authority;
(d) whose name appears in the Arrears List or a list of arrears for Another Racing Authority; and/or
(e) who FMHRST considers to be unsuitable to hold a Licence, for reasons of integrity, competence or otherwise.
(4) Any Licence issued to a person who subsequently comes within any of the provisions of Rule 301(3)(a) to (d) is automatically revoked.
302 Any person applying for a Licence must:
(a) do so on the prescribed form and pay the applicable fee; and
(b) provide such information, beyond that sought in the prescribed form, as FMHRST requires.
TRAINERS’ LICENCES
303 Trainer’s licence may only be granted to a person who:
(a) has attained the age of 18 years;
(b) as his primary occupation, trains race horses;
(c) has rider’s licence for at least two years;
(d) is competent to train race horses;
(e) owns or occupies appropriate Trainer’s Premises; and
(f) is financially sound and of good character.
(2) For the purpose of this Rule only, a horse which is spelling is not being “trained”.
304 Every Trainer’s licence which is issued shall contain, or be presumed conclusively to contain, a condition that the Trainer shall, when required to do so by a Stipendiary Steward or Investigator, permit that Stipendiary Steward or Investigator to have reasonable access to that Trainer’s Premises for the purposes of:
(a) requiring a Rider to permit a sample to be obtained by him pursuant to Rule 208(f);
(b) ensuring non-Licensed Persons are not involved in the care, control or training of a horse;
(c) ensuring horse and Rider welfare;
(d) ensuring any relevant Trainer’s Licence conditions are being observed; and/or
(e) ensuring only a Rider,
305 A Trainer must not allow a non-Licensed Person to be involved in the care, control or training of any horse notified to FMHRST.
306 Any Trainer who wishes to:
(a) train in partnership with another Trainer must seek FMHRST’s permission to do so, which permission may be granted on such conditions as FMHRST sees fit;
(b) no longer train in partnership with another or other Trainer(s) comprising a Training Partnership, must apply to FMHRST to have the condition of training in partnership with such other Trainer(s) removed from their respective Licences, and such application shall result in FMHRST reviewing all the Licences of the Trainers in that Training Partnership which may involve the imposition of further conditions on any Licence, or cancellation or withdrawal or suspension of the Licence held by any Trainer who is part of that Training Partnership.
RIDERS’ LICENCES
307 (1) Rider’s licence (Jockey’s Licence) may be issued to a person who:
(a) has attained the age of 18 years and has completed an apprenticeship in accordance with FMHRST’s requirements;
(b) has rider`s licence
(c) is financially sound and of good character.
308 Every Rider’s Licence which is issued shall contain, or be presumed conclusively to contain, a condition that the holder shall, whenever required to do so by a Stipendiary Steward or Investigator, permit a sample of the holder’s blood, breath, urine, saliva or sweat (or more than one thereof), to be obtained from the holder by, or under the supervision of, a Registered Medical Practitioner or an Authorised Person.
LICENCES FOR OVERSEAS PERSONS
309 FMHRST may grant a temporary Licence to any person temporarily visiting Mongolia on such terms, and for such duration, as it sees fit.
RENEWAL OF LICENCES ETC.
310 Not later than the 1st day of January in each year every Licenceholder who wishes to renew his Licence for the next year, shall forward to FMHRST an application for renewal in the prescribed form and with payment of the applicable fee.
311 All applications for renewal shall be treated as if they were initial applications for the grant of a Licence except that, unless FMHRST decides otherwise, every renewed Licence shall be deemed to have the same conditions and duration as the previous Licence.
312 An Investigator or Stipendiary Steward shall consider any application for renewal referred to him by FMHRST and shall forward to FMHRST any recommendation or comments he may wish to make with respect to such application. The Investigator or Stipendiary Steward may also require the applicant to supply further information relevant to that application.
REVIEW, SUSPENSION, WITHDRAWAL AND CANCELLATION OF LICENCES
313 (1) FMHRST may, on reasonable grounds, at any time review and impose conditions on any Licence, or cancel or withdraw or suspend any Licence including, but not limited to, if:
(a) a Rider or Trackwork Rider or Stablehand who when required by a Stipendiary Steward or Investigator to permit a sample of his blood, breath, urine, saliva or sweat (or more than one thereof), to be obtained from him by or under the supervision of a Registered Medical Practitioner or an Authorised Person, refused or failed to do so at the time and place nominated by such Stipendiary Steward or Investigator; or
(b) a Trainer, when required to do so by a Stipendiary Steward or Investigator, failed to permit that Stipendiary Steward or Investigator to have reasonable access to that Trainer’s Premises for the purposes of Rule 208(h); or
(c) a Licenceholder who holds a Licence but who no longer meets the criteria set out in these Rules for such Licence.
(2) A Licenceholder must within seventy two hours of bankruptcy or admission to the no assets procedure, notify FMHRST of such event.
(3) Any Licenceholder may at any time make written application to FMHRST to relinquish such Licence. FMHRST may accept the relinquishment of such Licence upon such terms (if any) as it thinks fit to impose or refuse to accept that relinquishment.
(4) Every cancellation, withdrawal, relinquishment, suspension or refusal to grant a renewal or accept a relinquishment of a Licence shall be notified by FMHRST in the Thoroughbred Racing Monthly.
(5) On the cancellation, withdrawal, relinquishment or expiration of a Licence the person formerly holding that Licence shall on demand by FMHRST return to it within fourteen days after the date of such demand, any identification card issued by the authority of FMHRST. The identification card automatically shall be deemed to be no longer in force.
ABILITY TO RIDE
314 Only a Rider or Trainer, or such other person approved by a Stipendiary Steward, may ride a horse, which is registered, at any Racecourse, Training Facility or Trainer’s Premises.
TRAINERS
315 (1) A Trainer may engage another Trainer to assist in the care, control or training of a horse only if that first trainer has FMHRST’s permission, which may be granted on such conditions as FMHRST sees fit.
(2) A Licensed Person who is an employee of a Trainer may train any horse of his employer during the latter’s absence not exceeding one month (or such other period as may be approved in any particular case by FMHRST) and he may on behalf of his employer take charge of any such horse at, and for the purposes of, any Race Meeting at which his employer is not present.
(3) Where a Trainer of a horse which is to run at a Race Meeting is not in attendance at that Race Meeting, he must authorize another Trainer or Licensed Person to care for the horse at the Race Meeting and inform a Stipendiary Steward not later than one hour before the start of the Race of the identity of that person.
(4) Subject to the provisions of the preceding sub-Rules of this Rule, a horse may only start in a Race, and a person may only start a horse in a Race, if that horse has been in training under the direct charge or care of a Trainer for a continuous period of not less than four weeks immediately prior to such Race, provided that the spelling of a horse after a Race at any Race Meeting held during the said period of four weeks shall be regarded as training for the purposes of this Rule.
(5) Notwithstanding anything to the contrary in any of these Rules FMHRST may authorize a Trainer to quarter or train horses at more than one Trainer’s Premises, or to train or work horses from more than one Training Facility, subject to such conditions (if any) as FMHRST thinks fit to impose. If a Trainer has been so authorized any horse which he trains at or from any of his authorized Trainer’s Premises or Training Facilities shall for all the purposes of these Rules be deemed to be trained by him and no objection shall be taken to any such horse on the ground that while it was in training in one or more of his authorized Trainer’s Premises or Training Facilities it was not under his direct charge or care.
316(1) Within seven days after any horse is taken or comes into the charge of a Trainer for the purpose of being trained the Trainer shall complete and forward to FMHRST the form prescribed for that purpose by FMHRST and in completing that form the Trainer must ensure that he has correctly identified the horse.
(2) Every Trainer shall, within seven days after a horse trained by him:
(a) ceases to be in his charge or under his supervision for the purpose of being trained; or
(b) commences to spell, if that Trainer is a holder of a trainer’s license , notify FMHRST in writing of that fact.
(3) FMHRST may, on reasonable grounds, require a Trainer to cease to train, Race or trial any horse specified by FMHRST and he shall not thereafter train, Race or trial that horse until he is advised by FMHRST that he may again do so.
(4) The Owner or lessee (as the case may be) shall pay to his Trainer, in respect of each horse trained for him, 10% on the gross stakes (exclusive of trophies, prizes and the value of any awards or rights) credited to the horse while trained by such Trainer and any goods and services tax applicable thereto.
RIDERS
317 (1) An Apprentice Jockey may only be engaged to ride a horse at a Race Meeting with the prior permission of his employer or his employer’s Rider’s Agent.
(2) Any dispute with reference to the engagement or engagements of a Rider to ride at a particular Race Meeting or Race Meetings shall be determined by a Judicial Committee at the request of a Stipendiary Steward or any of the parties to the dispute.
(3) A Rider shall not:
(a) wilfully or without reasonable cause break a riding engagement;
(b) permit himself to be engaged for more than one horse accepted or deemed to have been accepted for the same Race;
(c) fail to ride a horse at the weight or
(d) be represented by more than one Rider’s Agent.
(4) An Owner or lessee (as the case may be) or Trainer, and every Agent of an Owner or lessee (as the case may be) or Trainer, who has engaged a Rider to ride in a Race shall not, without reasonable cause, break such engagement.
(5) An employer of an Apprentice Jockey (or that employer’s Rider’s Agent, in the case of an Apprentice Jockey), and every Rider’s Agent, shall not:
(a) permit the Apprentice Jockey or Rider to be engaged to ride more than one horse accepted or deemed to have been accepted for the same Race; or
(b) without reasonable cause, break an engagement for his Apprentice Jockey or Rider to ride a horse in a Race.
RIDING FEES
318 (1) The fees payable to Riders shall be as from time to time determined and published by FMHRST, unless there is a special arrangement providing for larger remuneration.
(2) Where a horse is disqualified from a Race by reason of the fault or misconduct of the Rider the applicable riding fee shall not be payable provided however that if the Judicial Committee is satisfied the disqualification is due to inexperience or inadvertence it may direct that the Rider be paid the applicable fee.
OWNERSHIP OF HORSES BY RIDER
319 (1) A Rider may own or lease a horse which is in training or entered for a Race only if:
(a) the Rider is not under the age of 18 years or is not a Rider holding a rider’s license; and
(b) (i) the horse is owned by or leased to:
(A) the Rider only; or
(B) the Rider and other persons, where the Rider has at least a 25% interest in the horse, as Owner (where there is no lessee) or lessee (as the case may be).
RIDERS AGENT
320 A Rider’s Agent must, as soon as practical, notify FMHRST in writing in the event of the termination of a contract or arrangement to represent a Rider or an Apprentice Jockey’s employer.
321 A Rider’s Agent may only engage a Rider for a race with the consent of that Rider or, if the Rider is an Apprentice Jockey, the Apprentice Jockey’s employer.
322 A Rider’s Agent may not give, directly or indirectly, riding instructions of any nature to a Rider to whom he represents.
MISCONDUCT
323 A Licensed Person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of Races or racing.
APPRENTICE JOCKEYS
324 (1) Only a Trainer or a Club (as applicable) may employ an Apprentice.
(2) An Apprentice must be employed pursuant to an Agreement of Apprenticeship in accordance with the Apprentice Policy, and during the term of that particular Agreement of Apprenticeship the relevant Apprentice and Trainer, or Club, or any person who is party to a transfer of the Apprentice (as applicable) must comply with the provisions of the Agreement of Apprenticeship and the Apprentice Policy.
325 (1) A person shall not offer or pay any inducement (whether in cash or otherwise) to any other person for the purpose of the engagement or transfer of an Apprentice, or the termination of an Agreement of Apprenticeship prior to the date it would otherwise have expired, and a person shall not accept such an inducement.
(2) Whether or not it imposes any other penalty, the Judicial Committee shall direct a refund of the value of any such inducement. A failure to make such refund within seven days after and exclusive of the day on which it was directed is declared to be a Serious Racing Offence.
RIDER SKILLS REVIEW PANEL
326 (1) FMHRST may appoint one or more rider skills review panels, comprised of such persons as FMHRST considers fit, to:
(a) review a Jockey’s or Apprentice Jockey’s riding manner, practices and/or technique and provide remedial training or advice to that Jockey or Apprentice Jockey;
(b) assist with the mentoring of a Jockey or Apprentice Jockey;
(c) make recommendations to the Jockey or Apprentice Jockey about their riding manner, practices and/or technique and their further training or mentoring needs.
(2) A Stipendiary Steward may direct a Jockey or Apprentice Jockey to meet with a rider skills review panel.
(3) Following such meeting(s), the rider skills review panel may:
(a) make recommendations to the Jockey or Apprentice Jockey relating to the Jockey’s riding manner, practices and/or technique, any further training and/or mentoring required, and whether it considers that the Jockey’s or Apprentice Jockey’s Licence should be modified or suspended by FMHRST;
PART IV
REGISTRATION OF HORSES FOR RACING AND BREEDING; AND OWNERS AND LESSEES
DETERMINATION OF AGE FOR HORSES
401 The age of each horse shall be determined as follows:
(a) in the event that the mare was first covered before 1 January in a calendar year, then the produce of that mare which is born in the following calendar year (regardless of its date of birth) will be deemed to have commenced its second year of life on 1 December of the calendar year in which it is born (i.e. it will become a yearling on that day); or
(b) in the event that the mare was first covered on or after 1January in a calendar year, then the produce of that mare which is born in the following calendar year (regardless of its date of birth) will be deemed to have commenced its first year of life on 1 December of the calendar year in which it is born, provided that date of birth is consistent with such covering.
APPROVAL OF NAME OF HORSES
402 (1) The Owner of a horse must propose the name under which the horse is to be registered at the time he or she applies for registration of the horse pursuant to Rule 406 and may only use that name for the horse once FMHRST has approved that name for registration in accordance with sub-Rule (2) below.
(2) FMHRST may approve a name for registration, or require a change to a registered name, provided that FMHRST shall, subject to sub-Rule (3) of this Rule, not approve for registration any name:
(a) under which any other horse was previously registered under these Rules until a period of 15 years has elapsed from the date on which such other horse was foaled;
(b) which has previously been registered for a mare whose name has appeared in the Mongolian Stud Book until a period of 12 years has elapsed from the year in which FMHRST is notified that the mare has died or has ceased breeding;
(c) which has previously been registered for a stallion whose name has appeared in the list of stallions at stud in the Mongolian Stud Book until a period of 15 years has elapsed from the last year in which such stallion’s name appeared in such list; or
(d) which is recorded in a list of names designated from time to time by FMHRST as names which cannot be used or repeated.
(3) If a Foreign Horse is imported into Mongolia with a name that is not able to be approved under Rule 402(2), FMHRST may nevertheless approve the name of that foreign horse unconditionally or on the condition that it is registered with a numeral, in which case the name with the relevant numeral shall be the name of the Foreign Horse in Mongolia.
NOTIFICATION OF GELDING
403 The Owner, lessee, or Racing Manager of a horse which has been registered under these Rules must notify FMHRST as soon as practicable, but in any event before the Withdrawal Deadline for its next Race or before there is any change in the ownership or any lease is granted in respect of that horse, if such horse is gelded.
HORSE IDENTITY
404 (1) Once the name of a horse is registered in accordance with Rule 402, the name used for that horse in any Race or trial (including a jump-out or test for certification purposes) or otherwise in connection with racing in Mongolia or elsewhere must be its registered name.
(2) A person shall not enter, accept, start or intend to start a horse in a Race under a name other than its registered name or its recorded breeding details in the case of an unnamed horse that is entered for or starts in a trial.
(3) A person shall not, in any matter connected with racing, use a name of and/or breeding details in relation to a horse other than its registered name and its breeding details recorded with FMHRST. A person who acts in contravention of this sub-Rule (3) commits a Serious Racing Offence.
REGISTRATION OF HORSES
405 A horse may only be entered for, and start in, a Race if it is registered in accordance with these Rules.
406 (a) A person who wishes to register a horse must apply, on the prescribed form, to FMHRST. The application form must:
(i) be accompanied by payment of the applicable fee set by FMHRST, from time to time;
(ii) state the full name of every Owner of the horse and any other person who has a legal or beneficial interest in the horse;
(iii) be signed by each person named as an Owner of the horse on the application form;
(iv) nominate a Racing Manager for the horse if it is owned by a Legal Ownership Entity or by two or more persons (including, for the avoidance of doubt, natural persons and Legal Ownership Entities); and
(v) specify whether the Owner is registered, if so specify its Good and Services Tax registration number.
(b) If a Legal Ownership Entity is the Owner or an Owner of (or otherwise has a legal or beneficial interest in) a horse, then the application for registration of that horse must be accompanied by the full name of every person who:
(i) has a legal or beneficial interest (directly or indirectly, whether as a shareholder or otherwise) in that Legal Ownership Entity; and
(ii) is a member of the board of directors or other governing body of that Legal Ownership Entity.
(c) If a lease has been entered into in respect of a horse for which an application for registration is being made, then the application for registration of that horse must also be accompanied by a notice of lease completed in accordance with Rule 422 and payment of the applicable fee for registration of a lease of a horse.
(d) FMHRST may require an application for registration of a horse to be verified by way of statutory declaration by the Owner(s), Horse Breeder(s) or Trainer of the horse and/or for such other particulars or information concerning:
(i) the horse;
(ii) the Owner(s) of the horse or any other person with a legal or beneficial interest in the horse;
(iii) any Legal Ownership Entity which has an Ownership interest, or otherwise has a legal or beneficial interest, in the horse, and, in the case of any such Legal Ownership Entity, the persons referred to in sub-Rule (b) of this Rule; and
(iii) the nominated Racing Manager (if one is required under these Rules),to be disclosed to it as FMHRST may require in its absolute discretion.
407 In order to be eligible for registration, a horse must:
(a) be micro-chipped, freeze branded, DNA-typed or identified in such other manner as is permitted or required by FMHRST;
(b) have been accepted for inclusion:
(i) in the Mongolian Stud Book or in the stud book of Another Racing Authority; or
(ii) in the Register of Non Stud Book Mares as the produce of a sire and dam each registered under these Rules; and
(c) be the product of a natural service, which is the physical mounting of a mare by a stallion with intromission of the penis and ejaculation of semen into the reproductive tract. A natural gestation must take place and delivery must be from the body of the same mare in which the foal was conceived. For the avoidance of doubt:
(i) this natural service may include the immediate reinforcement of the stallion’s service by using residual semen ejaculated by the stallion whilst it penetrated the mare during that service of the same mare, provided that the reinforcement of service must be immediately after the natural covering and the semen must not be processed or altered in any way before it is used for reinforcement; and
(ii) semen obtained from a stallion by any artificial means may not be used to reinforce a service, and any other form of artificial breeding (including artificial insemination, embryo transfer or transplant, cloning, or any other form of genetic manipulation) may not be used to produce the horse.
408 (1) A horse shall only be registered if the application for registration of that horse is approved by FMHRST.
(2) A natural person may have an Ownership interest in a horse for the purposes of racing only if he has attained the age of 18 years.
(3) A person to whom any of sub-Rules 411(b)(i) to (vi) applies may not be:
(a) an Owner of, or otherwise have a legal or beneficial interest in, a horse;
(b) a shareholder of, or otherwise have a legal or beneficial interest (directly or indirectly) in, a Legal Ownership Entity that is an Owner of, or otherwise has a legal or beneficial interest in, a horse; or
(c) a Racing Manager of a horse.
(4) FMHRST has complete discretion whether or not to approve an application for registration of and register a horse, and may approve registration of a horse on such terms and conditions as it sees fit in its absolute discretion, including (but not limited to) requiring a guarantee or other security in a form acceptable to it in its absolute discretion, from such person or persons as it may require (including, if applicable, the directors and shareholders of and any other persons with Ownership interests in, any Legal Ownership Entity which owns or is an Owner of a horse).
(5) If FMHRST approves a horse for registration, notification of registration of the horse shall be given to the Owner(s) and be published in the Thoroughbred Racing Monthly. FMHRST shall also provide the Owner with a certificate of registration in respect of the horse.
409 A horse may not be entered for, or start in, a Race if a person has:
(a) an Ownership interest in, or an interest as lessee of, that horse; or
(b) a legal or beneficial interest (whether as a shareholder or otherwise) in a Legal Ownership Entity which has an Ownership interest in, or an interest as lessee of, that horse,
which has not been notified to FMHRST in accordance with these Rules.
REGISTER OF HORSES
410 FMHRST shall keep a register in respect of each horse approved for registration under Rule 408 stating:
(a) the registered name of the horse;
(b) the branding, micro-chip or DNA-typing for the horse;
(c) the breeding of the horse;
(d) the name(s) of the Owner(s) of the horse (which shall be a prima facie record of the registered Owner(s) of a horse, but not absolute evidence of Ownership); and
(e) the name(s) of lessee(s) of the horse (which shall be a prima facie record of the registered lessee(s) of a horse, but not absolute evidence of a leasehold interest), if a lease of the horse has been registered by FMHRST in accordance with these Rules.
CANCELLATION OF REGISTRATION OF HORSES
411The registration of a horse, or the registration of a lease in respect of a horse may be cancelled by FMHRST at any time in its absolute discretion if:
(a) a person has, or has acquired:
(i) an Ownership interest in, or an interest as lessee of, that horse which has not been notified to and registered by FMHRST; or
(ii) a legal or beneficial interest in that horse or a legal or beneficial interest (directly or indirectly) in a Legal Ownership Entity which:
(A) has an Ownership interest in;
(B) has an interest as lessee of; or
(C) otherwise has a legal or beneficial interest in,
that horse without such interest having been notified to FMHRST, in accordance with these Rules.
(b) an Owner, lessee, or the Racing Manager of, or any person who otherwise has a legal or beneficial interest in, the horse, or a shareholder or person who otherwise has a legal or beneficial interest (directly or indirectly) in a Legal Ownership Entity which has an Ownership interest in, or an interest as lessee or has a legal or beneficial interest in, the horse:
(i) is a disqualified person in accordance with these Rules or the official rules of Another Racing Authority;
(ii) is named for the time being in the Arrears List or in the Thoroughbred Racing Monthly in respect of any entry in such list, or in the list of arrears or other similar list of Another Racing Authority;
(iii) who is or has been an illegal bookmaker or an illegal bookmaker’s clerk or agent;
(iv) is a person who is excluded from entering a Racecourse
(v) commits a Serious Racing Offence; and/or
(vi) is declared bankrupt (in the case of a natural person) or is being wound up or a liquidator or provisional liquidator or a receiver or statutory manager has been appointed in respect of it (in the case of a Legal Ownership Entity);
(c) any information or evidence requested by FMHRST under Rule 406(d) or Rule 428, 430 has not been provided to FMHRST by the time fixed by it;
(d) requested to do so by an Owner who is no longer intending to use that horse for the purpose of racing or breeding in accordance with the Rules.
412 Notification of:
(a) the cancellation of registration, or disqualification, of a horse; or
(b) the cancellation of registration of a lease of a horse,
shall be given to the Owner(s) and lessee(s) (if any), together with the reasons for such cancellation or disqualification, and be published by FMHRST from time to time. FMHRST may, on being satisfied in its absolute discretion that the reasons for any such cancellation no longer exist, direct that such horse or the lease of it (as the case may be) be again registered under these Rules.
413 The Owner, lessee, or Racing Manager (as applicable), of a horse must notify FMHRST in writing if and as soon as any of the events set out in Rules 411(a) and (b) occur and must ensure that the relevant horse is not trained on a Racecourse or Training Facility, or entered for or started in a Race or a trial (including a jump-out or test for certification purposes), while any such event continues.
414 In any case where the registration of a horse, or the registration of a lease of a horse, has been cancelled under Rule 411 because an event described in Rule 411(b)(vi) has occurred, FMHRST may, in its absolute discretion and on such conditions (if any) as it thinks fit, on the application of the liquidator, provisional liquidator, receiver, statutory manager or official assignee (as the case may be) reinstate the registration of that horse or the lease of it.
REGULATIONS FOR OWNERSHIP INTERESTS AND RACING MANAGERS
415 FMHRST may, at any time, make, amend or revoke such regulations (not inconsistent with these Rules) as it thinks fit in respect of:
(a) Ownership interests in and leases of horses; and
(b) Racing Managers.
REGISTRATION OF STALLIONS
416 (1) FMHRST shall keep a Stallions’ Registration List in which the name of each stallion registered in a particular Racing Year will be recorded.
(2) A thoroughbred stallion shall only be used for stud purposes in Mongolia if it has been registered for such purpose in the Stallions’ Registration List in accordance with the Mongolian Stud Book Regulations.
NOTIFICATION ON HORSE’S DEATH
417 On the death of any registered horse the Owner or Racing Manager of the Owner (as the case may be) at the time of death shall, within one month of the date that the horse dies, notify FMHRST in writing to that effect.
FOREIGN HORSES
418 FMHRST may approve the registration of a Foreign Horse in accordance with Rules 406 and 407 on such terms and conditions it sees fit in its absolute discretion provided it has been provided with such evidence of the identity of a Foreign Horse as it may require in its absolute discretion.
CERTIFICATE OF PEDIGREE
419 (1) A person may obtain from FMHRST a certificate of pedigree (if any) of:
(a) any Foreign Horse which arrives in Mongolia; or
(b) any horse about to leave Mongolia, which endorses the certificate of identity of the horse.
(2) Any person who wishes to obtain a certificate of pedigree shall apply, on the prescribed form to FMHRST. The application must be accompanied by the applicable fee set by FMHRST, from time to time.
(3) FMHRST may require an application for a certificate of pedigree to be verified by way of statutory declaration by the Owner(s), Horse Breeder(s) or Trainer of the Foreign Horse and/or for such other particulars or information to be disclosed as FMHRST may require in its absolute discretion, including if it requires verification from Another Racing Authority.
(4) An application for a certificate of pedigree may be approved and a certificate issued by FMHRST under this Rule 419 in its absolute discretion.
HORSES RETURNING TO MONGOLIA
420 Unless FMHRST approves otherwise, a horse which enters Mongolia for the first time, or which has been exported from Mongolia and is brought back to Mongolia, shall not be eligible to be entered for or started in a Race until FMHRST has received:
(a) a certificate of pedigree issued under Rule 419 in respect of that horse, duly endorsed by Another Racing Authority in which the horse raced overseas, or if it did not race each country from which the horse has returned; and
(b) evidence from Another Racing Authority of each country or state in which the horse raced while overseas of:
(i) the distance, conditions and name of each Race in which the horse started in that country or state;
(ii) the date on which each such Race was run and the place it was run at;
(iii) the stake offered to the winner, the weight which the horse carried, its placing and the type and amount of any prizes and/or stakes earned in each such Race.
LEASING
421 (1) If a lease is entered into in respect of a registered horse, the Owner(s) and lessee(s) must apply, on the prescribed form, to FMHRST for registration of the lease. The application form must:
(a) be accompanied by payment of the applicable fee set by FMHRST, from time to time;
(b) state the full name of:
(i) every Owner of the horse;
(ii) every lessee of the horse; and
(iii) any other person who has an interest (directly or indirectly) in the horse;
(c) be signed by each person named as an Owner or lessee of the horse on the application form;
(d) nominate a Racing Manager for the horse if it is leased by a Legal Ownership Entity or there are two or more lessees; and
(c) specify whether the lessee is registered, and if so specify its Good and Services Tax registration number.
(2) If a Legal Ownership Entity is the lessee or a lessee of the horse (or otherwise has an interest in the horse), then the application for registration of the relevant lease must be accompanied by the full name of every person who:
(a) has a legal or beneficial interest (directly or indirectly, whether as a shareholder or otherwise) in that Legal Ownership Entity; and
(b) is a member of the board of directors or other governing body of that Legal Ownership Entity.
(3) FMHRST may require an application for registration of a lease to be verified by way of statutory declaration by the lessee(s), Owner(s), or Trainer of the horse and/or for such other particulars or information concerning:
(a) the horse;
(b) the lessee(s) of the horse or any other person with a legal or beneficial interest in the lease of that horse;
(c) any Legal Ownership Entity which has a legal or beneficial interest in the horse, and, in the case of any such Legal Ownership Entity, the persons referred to in sub-Rule (2) of this Rule; and
(d) the nominated Racing Manager of the lessees for the horse (if one is required under these Rules),
to be disclosed to it as FMHRST may require in its absolute discretion.
(4) A lease of a horse shall only be registered on the approval of FMHRST.
(5) A natural person may have an interest in a horse as lessee for the purposes of racing only if he has attained the age of 18 years.
(6) A person to whom any of the sub-Rules 411(b)(i) to (vi) applies may not be:
(a) a lessee of, or otherwise have a legal or beneficial interest in the lease of, a horse;
(b) a shareholder of, or otherwise have a legal or beneficial interest (directly or indirectly) in a Legal Ownership Entity that is a or the lessee of, or which otherwise has a legal or beneficial interest in the lease of, a horse; or
(c) a Racing Manager of a horse for the lessees of the relevant horse.
(7) FMHRST has complete discretion whether or not to approve the registration of a lease of a horse, and may approve registration of a lease on such terms and conditions as it sees fit in its absolute discretion, including (but not limited to) requiring a guarantee or other security in a form acceptable to it, in its absolute discretion, from such person or persons as it may require (including, if applicable, the directors and shareholders or any other persons with Ownership interests in any Legal Ownership Entity which is a or the lessee of the horse).
(8) If FMHRST approves the lease of a horse for registration, notification of registration shall be given to the Owner(s) and lessee(s) of the horse and be published in the Thoroughbred Racing Monthly.
(9) If a lessee of a horse is required to nominate a Racing Manager, then the Racing Manager nominated by such lessee is the Racing Manager of that horse for the purpose of racing in place of any Racing Manager nominated by the Owner(s) of the horse.
CHANGE OF OWNER(S) OR LESSEE(S)
422 (1) Notice of any change in the legal or beneficial Ownership of a horse or in the lessees of a horse (including, for the avoidance of doubt, any change in the percentage interest held by any Owner or lessee of the horse) must be given to FMHRST within seven days after any such change takes place, and before the horse is started in any Race, provided that where any such change takes place:
(a) during a Race Meeting; or
(b) within the period of seventy-two hours immediately preceding the commencement of a Race Meeting at which the horse has been accepted for a start,
such notice must be given as soon as possible to FMHRST, and when so given and acknowledged by FMHRST during that Race Meeting it shall be deemed, only for the purposes of such Race Meeting, to have been accepted by FMHRST.
(2) The notice of a change in the Ownership of a horse or in the lessees of a horse must be submitted by the Owner(s), lessee(s) or Racing Manager (as the case may be) on the prescribed form to FMHRST, with such further information as FMHRST may require in its absolute discretion, and must:
(a) be accompanied by payment of the applicable fee set by FMHRST, from time to time;
(b) state the full name(s) of:
(i) each person who is selling, transferring or otherwise disposing of all or any part of any interest he or it has in that horse (whether as Owner, lessee or otherwise);
(ii) each person who is acquiring any interest in that horse (whether as Owner, lessee or otherwise); and
(iii) if any person referred to in Rule 423(2)(b)(ii) is a Legal Ownership Entity, the full name of every person who:
(A) has a legal or beneficial interest in that Legal Ownership Entity (whether as a shareholder or otherwise);
(B) is a member of the board of directors or other governing body of that Legal Ownership Entity;
(c) be signed by each person:
(i) referred to in Rules 423(b)(i) and (ii) above;
(ii) named as an Owner of the horse on the register kept by FMHRST in accordance with Rule 410; and
(iii) named as a lessee of the horse on the register kept by FMHRST in accordance with Rule 410, where the interest being acquired is an interest as lessee in an existing registered lease, except:
(iv) in cases of death or incapacity;
(v) where such person has been absent from Mongolia for more than one month and is unable to be located, in which event the remaining persons comprising Owner(s) or lessee(s), as applicable, agree to indemnify FMHRST from and in connection with any loss, claim or damage that may arise from their failing to obtain the absent person’s signature on notice of any change in the legal or beneficial Ownership of a horse or in the lessees of a horse; or
(vi) if the relevant interest in the horse is no more than 20%, in which case if the horse has a Racing Manager then that Racing Manager, if duly authorised to do so, may sign on behalf of one or more Owner(s) or lessee(s); and
(d) if applicable, specify whether the owner/lessee is now registered, and if so specify its Good and Services Tax registration number.
(3) If any person whose signature is required by this Rule refuses or fails to sign a notice of change, a notice signed by every other person whose signature is required may be accepted by FMHRST as sufficient if accompanied by such evidence as FMHRST may require, in its absolute discretion, that the change in the ownership of the horse or in the lessees of the horse has in fact occurred.
(4) FMHRST may require any notice of a change in the Ownership of a horse or in the lessees of a horse to be verified by way of statutory declaration by the lessee(s), Owner(s), Trainer of the horse, or any of the persons otherwise referred to in Rule 423(b)(i) and (ii), and/or for such other particulars or information to be disclosed in relation to such notice and any person acquiring any interest (whether as owner, lessee) or otherwise in the horse under it as FMHRST may require in its absolute discretion.
(5) In the case of a mare with foal at foot a separate notice must be given in accordance with this Rule in respect of the mare and the foal.
(6) Notice of a change in the Ownership of a horse or in the lessees of a horse shall not be registered until such notice has been approved by FMHRST and notification of such approval has been given to the Owner(s) of the horse and, where applicable, the lessee(s). FMHRST may refuse to accept any such notice in its absolute discretion and shall not be bound to give any reason for such refusal. Notice of acceptance or refusal under this Rule shall be given to the Owner(s) or the lessee(s) as the case may be, and transferee(s) within thirty days after the notice of change of Ownership is received by FMHRST.
(7) A notice of a change in the Ownership of a horse, or in the lessees of a horse, shall not be accepted if any details contained in the notice conflict with the details already recorded with FMHRST in its Register or in the Stud Book.
(8) Subject to the proviso to sub-Rule (1) of this Rule, if there has been a change in the Ownership of a horse or in the lessees of a horse which is leased, that horse shall not be eligible to be entered in, accepted for, or started in a Race until notice of any such change has been approved and registered by FMHRST.
OWNERS’ NAMES FOR RACING
423 (1) A horse registered with up to (and including) ten Owners or lessees shall race in the names of those Owners or lessees (as the case may be), or in the Ownership name(s) nominated by them at the time they were registered as Owners or lessees (as the case may be), provided that Ownership name has been approved by FMHRST. For the avoidance of doubt, an Ownership name may include the term “syndicate”, “partnership”, or “trust” etc if the Owners wish to use that term to describe their Ownership relationship or the nature of their Ownership of the horse.
(2) A horse registered with more than ten Owners or lessees shall race in the ownership name(s) nominated by them at the time they were registered as Owners or lessees (as the case may be), provided that Ownership name has been approved by FMHRST. For the avoidance of doubt, an Ownership name may include the term “syndicate”, “partnership”, or “trust” etc if the Owners wish to use that term to describe their Ownership relationship or the nature of their Ownership of the horse.
RACING MANAGER
424 A Racing Manager must be a natural person who has attained the age of 18 years.
425 (1) Where a horse has a Racing Manager, the Owner(s) or lessee(s) (as the case may be) who appointed the Racing Manager may revoke the appointment and nominate a new Racing Manager at any time. Any such revocation and new nomination must:
(a) be in writing; and
(b) unless FMHRST directs otherwise, be signed by persons holding at least a 51% interest as Owner or lessee (as the case may be) in such horse,
and shall not take effect until it has been notified to, and the appointment of the new Racing Manager has been approved by, FMHRST.
(2) FMHRST may in its absolute discretion, at any time and without assigning any reason, withdraw its approval of the Racing Manager of a horse and require another Racing Manager to be nominated for that horse, including if the Racing Manager is or becomes a person to whom any of sub-Rules 411(b)(i) to (vi) apply.
RESPONSIBILITIES AND AUTHORITY OF RACING MANAGER
426 The Racing Manager of a horse:
(a) shall in place of the Owner(s) or lessee(s) of that horse who appointed him as Racing Manager:
(i) have the authority under these Rules to nominate, enter, or accept that horse for, or withdraw or scratch it from, a Race; and
(ii) receive any prizes or stakes in respect of that horse,
and in that respect any reference to an Owner or lessee in any Rule empowering such persons to carry out such acts and to enjoy such rights shall be deemed to include the rights for the Racing Manager to act in the relevant Owner or lessee’s place;
(b) shall ensure by all reasonable means that the Owner(s) or lessee(s) who appointed him as Racing Manager of the relevant horse:
(i) meet in full all debts incurred in connection with the racing of that horse;
(ii) comply with any conditions imposed by FMHRST on the registration of that horse;
(iii) carry out every obligation imposed on them under these Rules in their capacity as Owner(s) or lessee(s), as the case may be, of the horse; and
(iv) are represented:
(i) by him or failing him some other responsible person (not being Counsel or a lay advocate) at any hearing which commences and is heard on Race day; and
(ii) by him or failing him Counsel or a lay advocate or some other responsible person at any other hearing;
(c) (subject to any right of appeal which they may have under these Rules) shall comply with any decisions made in accordance with these Rules which relate to or affect them or the relevant horse; and
(d) may, if duly authorised to do so, sign a notice of change of ownership on behalf of one or more Owner(s) or lessee(s) provided that:
(i) the relevant interest in the horse represented by that change of ownership is no more than 20%; and
(ii) in doing so, the Racing Manager warrants to FMHRST that he has authority from the relevant Owner(s) or lessee(s) to sign on their behalf.
427 If an Owner or lessee of a horse is a Legal Ownership Entity, then the Racing Manager appointed in respect of that horse by the Owner(s) or lessee(s) (as the case may be) must:
(a) give notice to FMHRST as soon as the Racing Manager becomes aware of any change (directly or indirectly) in the legal or beneficial ownership of any shares, or other similar ownership rights or interests, in that Legal Ownership Entity or any change in the members of the board of directors or other governing body of that Legal Ownership Entity. Each such notice must set out the full name of each person who has:
(i) acquired the legal or beneficial ownership (directly or indirectly) of any such shares or other rights or interests; or
(ii) been appointed to such board or other governing body; and
(b) provide to FMHRST such information in respect of:
(i) the Legal Ownership Entity;
(ii) the persons with legal or beneficial ownership (direct or indirect) of the shares or other similar ownership rights or interests in the Legal Ownership Entity; and
(iii) the members of the board of directors or other governing body of the Legal Ownership Entity,
as FMHRST may require from time to time in its absolute discretion.
428 It shall be the responsibility of every Racing Manager of a horse to take all reasonable steps to ensure that no person who:
(a) nominated him as Racing Manager; or
(b) is a shareholder or has a legal or beneficial interest in, or is a member of the board of directors or other governing body of, any Legal Ownership Entity which nominated him as Racing Manager,
is a person to whom any of sub-Rules 411(b)(i) to (vi) applies and that all such persons comply with all of the Rules applicable to them.
ONGOING INFORMATION OBLIGATIONS
429 Notwithstanding any other Rule in this Part IV, an Owner, lessee or Racing Manager of a horse must provide to FMHRST such information in respect of:
(a) that horse;
(b) the Owners or lessees (as the case may be) of, or any other person with a legal or beneficial interest in, that horse; and
(c) if an Owner or lessee of a horse is a Legal Ownership Entity, the Legal Ownership Entity and:
(i) any persons with legal or beneficial ownership (direct or indirect) of the shares of or other similar ownership rights or interest in that Legal Ownership Entity; and
(ii) the members of the board of directors or other governing body of the Legal Ownership Entity,
as FMHRST may require from time to time in its absolute discretion.
COMPLIANCE WITH SECURITIES ACT
430 It shall be the responsibility of any Legal Ownership Entity or combination of persons who together own or lease a horse to comply with all applicable requirements of the Securities Act.
SYNDICATIONS
431 (1) FMHRST may, if it thinks fit:
(a) maintain and administer a system for the syndication of thoroughbred bloodstock in Mongolia;
(b) include in a Code of Practice that system and all other provisions which it considers necessary or desirable for or in relation to the establishment and maintenance of an effective such system;
(c) incorporate in such Code of Practice all the requirements which are to be met by any person, company or other entity which seeks to or does in any way syndicate thoroughbred bloodstock in Mongolia;
(d) seek the Securities Commission’s approval of the provisions of such Code of Practice;
(e) amend from time to time, or revoke, such Code of Practice; and
(f) cause such Code of Practice to be set forth as an Appendix to these Rules.
(2) Every Code of Practice which is set forth as an Appendix to these Rules shall have full force and effect as part thereof.
(3) Any person who or company or other entity which fails to comply with a provision of any such Code of Practice commits a breach of this Rule and shall be liable to be disqualified or suspended by the Judicial Committee for such period (including for life) as it thinks fit and shall, in addition to or in lieu of being disqualified or suspended, be liable to be fined a sum not exceeding $50,000. Such penalties are in addition to any powers which may be exercised pursuant to the provisions of any such Code of Practice.
(4) Any charge alleging a breach of this Rule shall be prosecuted by an Investigator. The Investigator and the party charged shall each be entitled to be represented by Counsel.
(5) A Judicial Committee, in addition to or in lieu of imposing on any person who or company or other entity which commits a breach of this Rule the penalty or penalties referred to in sub-Rule (3) of this Rule, may order such person or company or other entity to pay a sum towards the costs and expenses of and incidental to the investigation of and any inquiry into such breach (including but not limited to costs incurred in carrying out an audit of the accounts or financial or other records of a syndicate).
(6) In any case where it appears to FMHRST, that there is reason to suspect that in respect of a horse owned or raced by a Syndicate (as defined in such Code of Practice), or the syndication of such a horse, all the applicable provisions of such Code of Practice have not or may not have been complied with, FMHRST may direct that that horse be prohibited from being entered for or started in a Race until such steps as FMHRST requires have been taken or until such events as it shall specify have occurred. Every person who or company or other entity which commits a breach of this Rule shall be liable to the penalty or penalties set out in sub-Rules (3) and (5) of this Rule.
(7) Every Syndicate Promoter, Bloodstock Company, Authorised Syndicator, Amateur Authorised Syndicator, Syndicate and person (as defined in such Code of Practice) or investor in a Syndicate or Bloodstock Company who or which in any way applies to or does participate in the syndication of thoroughbred bloodstock in Mongolia by so applying or participating shall be deemed thereby to agree that in consideration of FMHRST establishing a system for the syndication of thoroughbred bloodstock in Mongolia, including it in such Code Of Practice and causing it to be set forth as an Appendix to these Rules:
(a) he or it shall not have a right to and will not make any claim or commence any legal proceedings against FMHRST itself or any officer or employee or agent thereof on account of or in connection with loss or expense incurred by him or it as a result of any act or omission (including any negligence) on the part of all or any thereof which is in any way directly or indirectly connected with the approval or authorization of a Syndicator or with the syndication of thoroughbred bloodstock in Mongolia; and
(b) the provisions of this Rule may be pleaded against him or it as a complete bar to any such proceedings.
COLOURS
432 (1) All racing colours are subject to the approval of FMHRST.
(2) The Owner or lessee (as the case may be), on entering a horse for a Race, may be required to confirm the racing colours to be carried, which shall be the registered racing colours of the or an Owner or lessee (as the case may be), or the Trainer, and such racing colours must be worn by the horse’s Rider, provided that at any time the Stipendiary Stewards or FMHRST may direct or give permission for alternative racing colours to be worn.
(3) If two or more persons declare the same racing colours at the time of entry, the Stipendiary Stewards shall decide which person shall have the use of such racing colours and direct or authorize the other person or persons to adopt other racing colours or, in respect of two or more horses racing in the colours of the same Owner or Trainer, a different coloured skull cap.
433 (1) A register of racing colours shall be kept by FMHRST.
(2) Any person who wishes to apply for the registration of his racing colours shall apply in accordance with the Racing Colours Policy on the prescribed form to FMHRST. The application must be accompanied by the applicable fee set by FMHRST, from time to time.
(3) Subject to this Rule, registration entitles the person registering to exclusive use of the racing colours during the period covered by such registration.
(4) Registration of racing colours may be renewed on or before the expiry of the applicable registration period (which shall be no longer than five years). If application is not made for renewal of registration within three months of the due date, any right of renewal shall lapse.
(5) The representatives of a deceased Owner or lessee, or other person becoming entitled to race a horse on the death of an Owner or lessee shall, subject to this Rule, have the exclusive right to use the deceased’s racing colours without registration until the time for the renewal of such registration.
(6) FMHRST:
(a) reserves the right to refuse the renewal of registration of any racing colours; and
(b) if satisfied that it is unfair or undesirable that any registered racing colours should continue to be so registered, may at any time cancel the registration.
(7) Disputes as to the right to any racing colours shall be determined by FMHRST.
PART V
PREPARATION FOR RACE MEETINGS
RACING POLICY AND CLASSIFICATION OF RACES
501 (1) FMHRST shall, from time to time, publish a Racing Policy which, amongst other matters, shall:
(a) define different types of Races which may be run under these Rules and/or certain horses which may or may not be entered for or started in certain types of Races;
(b) prescribe the type of Races that may be run on Race days;
(c) prescribe policies associated with weights and weight allowances and adjustments relating to the weight horses carry in a Race; and
(d) contain such transitional provisions (if any) as it considers necessary or desirable in respect of the classification of Races; and
(e) contain such provisions as are, in its opinion, necessary to create or maintain an efficient and effective system for the classification of Races.
(2) Subject to sub-Rule (3) below, a Club, Owners or lessees, Trainers, and/or Riders shall comply with the prescriptions and requirements set out for all Races of a type which that Club is programmed to run, and in which the horse connected to that Trainer and/or Owner or lessee (as the case may be) is entered and which the Rider is riding in a Race Meeting.
(3) A Club may apply to FMHRST for exemption from any of the terms of classification of Races set out in the Racing Policy. FMHRST may grant the application if, and to the extent, it considers necessary or desirable and subject to any such conditions as it sees fit.
(4) All definitions and terms related to Races in this part of the Rules shall bear the meaning set out in the Racing Policy.
STAKES AND PRIZES
502 (1) FMHRST shall set and notify a Club of the minimum stakes payable for each Race Meeting (and each Race comprising each Race Meeting) held by that Club.
(2) FMHRST shall determine the amount of funding to be provided to each Club for the purpose of providing stakes for Races held by that Club in accordance with its programmed Race Meetings.
503 (1) The value of prizes not in money shall, as far as practicable, be stated in the programme as advertised in accordance with these Rules.
(2) All stakes shall be advertised as exclusive of goods and services tax.
(3) In respect of a non-returnable prize FMHRST shall pay, on behalf of a Club, the goods and services tax (if applicable) on the value of such prize to an Owner or lessee (as the case may be).
(4) In respect of a returnable prize neither the Club nor FMHRST, on the Club's behalf or otherwise, shall pay goods and services tax.
RACE PROGRAMMES
504FMHRST, shall determine the number of Race Meetings (if any) each Club may hold in a particular Racing Year, and the dates on which any such Race Meetings shall be held by that Club.
505 A Club's programme of Races for each Race Meeting shall:
(a) be approved by FMHRST. FMHRST shall appoint persons (including the regional representatives of the Clubs) to assist it with the consideration and approval of such programmes; and
(b) only contain Races of a type prescribed in accordance with the Racing Policy.
506 A Club or Official from a Club shall not alter a programme (or any conditions thereof) approved by FMHRST.
507 The approved programme of every Race Meeting of a Club at which the Totalisator is to be used shall be advertised in full at least once in the Thoroughbred Racing Monthly and such advertisement shall state:
(a) the dates on which the Race Meeting is to begin and end;
(b) all of the Races programmed for that Race Meeting;
(c) the Club holding that Race Meeting;
(d) the relevant times and dates by which:
(i) entries;
(ii) declaration of weights;
(iii) declaration of withdrawals and/or acceptances, as applicable;
(iv) declaration of Riders; and
(v) scratchings,
must be received, and the place where and the person to whom such notifications or declarations must be sent or delivered; and
(e) any other details FMHRST requires to be advertised for the programme of that Race Meeting.
508 A Club or Official thereof may only advertise or otherwise publish that Club's programme after it is approved by FMHRST.
509 the Racing Board shall determine the starting time of each Race at a Race Meeting. Such starting time may be amended by FMHRST from time to time.
CLUB HOLDING RACE MEETING
510 Each Race Meeting shall be held by a Club in accordance with the programme approved by FMHRST.
511 (1) A Club shall not permit any other Club or organisation to hold a Race Meeting on its Racecourse without the prior written consent of FMHRST.
(2) Unless FMHRST determines otherwise in its sole discretion, the application by a Club for the consent of FMHRST shall be forwarded to FMHRST with full details of the agreement proposed to be made between the Club and such other club or organization.
(3) Notwithstanding the provisions of sub-Rule (1) of this Rule it shall not be necessary for a Club to obtain FMHRST's consent if:
(a) both the club conducting the Race Meeting and the club on whose Racecourse the Race Meeting is to be held are galloping clubs;
(b) they are both in the same Region; and
(c) the club conducting the Race Meeting held its last Race Meeting in the previous year on the same Racecourse.
512 (1) Only a Club may conduct a Race Meeting, and Owners, lessees, Trainers and Riders may not enter, start or ride a horse in a race at a race meeting conducted by a club that is not a Club.
(2) Subject to sub-Rule (3), a Club may only conduct a race meeting if it is a Race Meeting at which the Totalisator is in operation.
STARTING LIMITS
513 (1) Subject to sub-Rule (2) below, a Stipendiary Steward may limit the number of horses permitted to be started at any Race at any Racecourse, which shall be known as the starting limit for that Race.
(2) On any Racecourse a Stipendiary Steward may, in the interests of safety, at any time, reduce the number of horses to be started in a Race.
ENTRY FOR A RACE
514 An entry for a Race shall be made in writing, or by telephone, or other means approved by FMHRST, by stating the registered name of the horse to be entered in that Race, provided that where it is made by telephone FMHRST may require the Owner or lessee or the Agent of the Owner or lessee to confirm its entry for that Race in writing, within a period specified by FMHRST, in which case such Owner or lessee, or the Agent of such Owner or lessee, must ensure that such confirmation is received by FMHRST within that specified period, accompanied by the appropriate fee or other payment.
515 (1) An Owner or lessee, or the Owner's or lessee's Agent who enters or attempts to enter a horse for a Race shall, if required to do so by a Stipendiary Steward or Investigator, a Tribunal, or FMHRST, produce such horse for inspection, examination or observation by any person specified by him or them at a time and place also so specified and allow any such body or persons or authorized agent to take possession of such horse for any of such purposes for such period as it or they deem necessary.
(2) If such horse is not produced at the time and place specified the body or persons requiring production of such horse may take possession of the horse, and the person entering or attempting to enter the horse as aforesaid and the Owner or lessee of the horse shall be deemed to have authorized such taking of possession.
(3) A person who or Tribunal which:
(a) requires the production of a horse pursuant to this Rule;
(b) takes or authorizes or directs the taking of possession of a horse pursuant to this Rule; or
(c) inspects, examines or observes a horse pursuant to this Rule,
shall not be liable in damages to the Owner or lessee or Trainer or Rider of such horse or to any other person subject to these Rules at the time when the alleged cause of action arose by reason of the exercise of the powers hereby conferred.
(4) A person who wilfully breaches this Rule commits a Serious Racing Offence.
516 Entries shall not become void on the death of an Owner or lessee.
517 Any trivial error or violation of this Part V of the Rules in relation to the entry, acceptance, withdrawal or scratching of a horse may be corrected or remedied with the permission of FMHRST.
PENALTIES
518 A horse shall not, in a Race, carry extra weight for having run in second or in any lower place in any other Race, if the weights for the first mentioned Race have already been determined and issued.
519 A horse shall not carry extra weight in a Flat Race.
520 (1) In calculating penalties, the value of a Race shall be the amount actually payable to the winner and penalties shall not be cumulative unless a provision to that effect appears in the conditions of the Race, or in these Rules.
(2) Pending the determination of any proceeding concerning the award of a Race to a horse, the horse placed first by the Judge shall be liable to all weight penalties attaching to the winner of such Race. The eligibility or weight of a horse which won or lost a Race as the result of an information, proceeding or appeal shall be determined by the state of affairs at the time of starting and shall not be affected by any pending information, proceeding or appeal.
PART VI
RACE DAY AND TRIALS
CONTROL OF RACE MEETING ON RACE DAY
601 A Race Meeting shall be deemed to commence at 7:30 am on the day on which the first Race of the Race Meeting is advertised to be run and to conclude at midnight on the last day (or only day, if there is only one) of the Race Meeting.
602 (1) From 7:30 am on Race day, the Stipendiary Stewards shall have the control of the Race Meeting and be charged with the duty of ensuring that the provisions of these Rules are applied and enforced in respect of that Race Meeting.
(2) A Club must follow any directives, policies, guidelines or practices of FMHRST (including the National Racing Bureau) necessary for the administration and control of a Race Meeting or related to Races or racing, including any decision by FMHRST to cancel a Race day, or a Race Meeting, which may be made prior to or after 7:30 am on a Race day of that Race Meeting.
603 A person shall not:
(a) impede the conduct of a Race Meeting; or
(b) behave improperly towards, or impede, a Stipendiary Steward, Investigator, Official, Employee or member of the Committee of a Club, FMHRST or Racing Board in the course of their duties.
604 (1) The following persons (in addition to those who may be excluded and removed under any other of these Rules) and horses shall be excluded from a Racecourse at any time when a Race Meeting is in progress:
(a) all persons and horses whose names appear for the time being in any list of disqualifications kept by FMHRST, or Another Racing Authority;
(b) all persons whose names appear for the time being in the Arrears List kept by FMHRST, or Another Racing Authority; and
(c) all persons whose presence a Stipendiary Steward or an Investigator may deem undesirable;
(2) All persons warned off a Racecourse by a Club or FMHRST, or off a racecourse or racing facility by Another Racing Authority shall be excluded from every Racecourse when any matter connected with racing is in progress.
(3) Notwithstanding that a person liable to be excluded or removed under this Rule, or under any other authority, may have paid to enter the Racecourse, or any enclosure therein, he shall not, by reason of such payment, be deemed to have acquired an irrevocable license to go into or remain in such Racecourse or enclosure, and a Stipendiary Steward or an Investigator, or any officer or Agent thereof, may remove such person from such Racecourse or enclosure.
RIDERS PRESENT
605 (1) A Rider who has a riding engagement at a Race Meeting must present himself in the jockeys’ room at least 40 minutes before the starting time for the first Race in which he has a riding engagement.
(2) On or prior to presenting himself at the jockeys’ room in accordance with sub-Rule (1) above, an Apprentice Jockey must notify a Stipendiary Steward whether it is such Apprentice Jockey’s employer, or a representative of his employer, who is representing that Apprentice Jockey for such Race Meeting, and the person so notified to such Stipendiary Steward must be present at the Racecourse from the time the Stipendiary Steward is notified in accordance with this sub-Rule (2) until the last Race in which such Apprentice Jockey is engaged or any inquiry involving that Apprentice Jockey to be held in respect of that Race is so held on that Race Day (whichever is the later).
606 Unless otherwise permitted by a Stipendiary Steward, once a Rider has presented himself in the jockey’s room in accordance with Rule 605(1) that Rider must remain in the jockeys’ room and other areas specified by the Stipendiary Stewards, until he has completed his riding engagements, when he shall seek the permission of a Stipendiary Steward to leave.
607 A Rider whose License is suspended may not enter the jockeys’ room or weighing room otherwise than in accordance with the proviso to Rule 1106(1).
IDENTIFICATION, RACING GEAR AND RIDING GEAR
608 A horse must be able to be identified by a Stipendiary Steward or Investigator in a manner permitted in accordance with Rule 407(a). If the horse is unable to be identified by a Stipendiary Steward or Investigator in such manner as being the horse it is represented as being, the Stipendiary Steward or Investigator may withdraw that horse from any Race, trial (including a jump-out or test for certification purposes) it was purportedly entered to start or carry out.
609 FMHRST may determine and publish an approved gear list of:
(a) the type and nature of gear which is required to be used, and which it is permissible to use, as racing gear for horses and riding gear for Riders; and
(b) Notifiable Gear, which is to be used in accordance with Rule 616,
and a horse or Rider using racing or riding gear, as applicable, must only use gear in accordance with the requirements of these Rules except where:
(c) a Stipendiary Steward grants a Rider who is temporarily visiting Mongolia permission to use gear which may not comply with the requirements of the approved gear list, provided that the Stipendiary Steward is satisfied that such Rider’s gear is approved for use in the country in which the Rider normally resides; or
(d) FMHRST, in its sole discretion, permits from time to time the use of racing or riding gear which is not in accordance with the requirements of these Rules and the approved gear list, in which event a horse or Rider may use such alternative riding or racing gear as expressly permitted by FMHRST and in accordance with any conditions FMHRST may impose.
610 (1) FMHRST shall, from time to time, publish all types of body protectors as have been approved by it.
(2) A Rider shall, when mounted on a horse, wear:
(a) a properly fastened body protector of a type and standard approved by FMHRST, which shall be in a satisfactory condition and shall have attached to it a manufacturer’s label that states that it complies with the relevant type and standard approved by FMHRST; and
(b) a skull cap of a type and standard approved by FMHRST.
The sole responsibility for wearing a body protector and skull cap in accordance with these Rules and for ensuring that the body protector and skull cap is in a satisfactory condition is that of the Rider, provided that where the Rider is an Apprentice Jockey such Apprentice Jockey’s employer, or a representative of their employer who is in charge of the Apprentice Jockey at any relevant time, is also responsible for the Apprentice Jockey wearing a body protector and skull cap in accordance with these Rules and for ensuring such body protector is in a satisfactory condition.
(3) A Stipendiary Steward may confiscate or order the satisfactory repair of anybody protector or skull cap that does not comply with the requirements of sub-Rule (2).
(4) A Rider may not wear or have in their possession a body protector or a skull cap that has been modified in any way.
611 A Rider must not wear spurs in a Flat Race or flat trial (including a flat jump-out or flat test for certification purposes).
612 A person must use sound and suitable gear on a horse.
613 A person must not start or attempt to start a horse in a Race or trial (including a jump-out, or test for certification purposes with a horse):
(a) in bandages, unless those bandages are securely fastened to the satisfaction of a Stipendiary Steward;
(b) with its ears plugged in any manner;
(c) in plates having a sharp flange or sharp projection on the ground-bearing surface, or which are excessively worn or otherwise faulty or defective; or
(d) unless fully shod with approved plates in accordance with the plating provisions of the approved gear list determined and published by FMHRST in accordance with Rule 609, provided that in exceptional circumstances a Stipendiary Steward may permit a horse to run unshod or partly shod.
If a horse wears shoes, or wears plates which are in breach of paragraph (c) or paragraph (d), it may be, in addition to any other penalty which may be imposed, disqualified for such Race or trial. The obligations set out in paragraph (c) and paragraph (d) of this Rule also apply to a person shoeing the horse for that event, who for the purposes of this Rule shall be deemed to have attempted to start the horse in such Race or trial in such shoes or plates.
614 (1) In order to prevent danger to himself or to any other Riders or to any horses in a Race or trial (including a jump-out or test for certification purposes), a Stipendiary Steward may require a Rider to lengthen his stirrup leathers.
(2) A person must not be neglectful or careless in saddling a horse.
615 A loss or breakage of gear during a Race or trial (including a jump-out or test for certification purposes), or any unusual happening in connection with gear, shall be reported by the Trainer and/or Owner or lessee (as the case may be) and/or Rider to the Stipendiary Stewards immediately after the Race or trial.
NOTIFIABLE GEAR
616 (1) Subject to Rules 609 and 616(2), only an item or items of approved gear or Notifiable Gear may be used on a horse in a Race, a trial, jump-out or in trackwork, provided that the Stipendiary Stewards may approve other gear for a particular horse to be used in trackwork.
(2) A Trainer shall not start or attempt to start a horse in a Race in an item or items of Notifiable Gear unless permission has been obtained from a Stipendiary Steward before the horse is accepted or is deemed to be accepted for that Race.
(3) When permission has been obtained in accordance with sub-Rule (2) of this Rule 616 for the use of an item or items of Notifiable Gear on a horse, such item or items of Notifiable Gear will continue to be used without variation on the horse concerned in consecutive subsequent Races unless permission has been obtained from a Stipendiary Steward before the horse is accepted or is deemed to be accepted for a subsequent Race, or the Trainer is otherwise approved or instructed by a Stipendiary Steward to change or adjust the Notifiable Gear that is to be used for that horse.
(4) A horse which starts, or attempts to start, in a Jumping Race shall be subject to the requirements of sub-Rules (1), (2) and (3) of this Rule 616 together with requirements of Rule 529.
(5) Subject to sub-Rule (3), any permission a Trainer obtains from a Stipendiary Steward under this Rule 616 to start or attempt to start a horse in particular items of Notifiable Gear:
(a) for a Flat Race shall only apply to Flat Races;
(b) for a Jumping Race shall only apply to Jumping Races.
For the avoidance of doubt, the Trainer has no obligation to seek a Stipendiary Steward’s approval to start or attempt to start a horse in a subsequent Flat Race with the same item or items of Notifiable Gear as it started in for the last Flat Race it ran, irrespective of whether it started in a Jumping Race in other approved items of Notifiable Gear between such Flat Races. The same applies in respect of in consecutive subsequent Jumping Races.
WEIGHING OUT
617 All weighing of Riders for the purposes of these Rules shall be done by the Clerk of the Scales or a person approved by the Stipendiary Stewards to carry out the role of the Clerk of the Scales.
618 (1) Subject to sub-Rule (2) below, it is a Rider’s responsibility if he is engaged to ride a horse in a Race to ensure that:
(a) he is weighed out for that horse at the appointed place more than thirty minutes before the starting time of the Race, or such other time specified by FMHRST on Race day;and
(b) he weighs out at the correct weight, including claiming the correct allowance in the event that he is an Apprentice Jockey, or is a Rider eligible to claim an allowance in a Jumping Race or Highweight Race in accordance with Rules 542(2) or (3), as applicable,
provided that where the Rider is an Apprentice Jockey, such Apprentice Jockey’s employer, or a representative of their employer who is in charge of the Apprentice Jockey at any relevant time during that Race Meeting, is also responsible for the Apprentice Jockey complying with his obligations under paragraphs (a) and (b) above.
(2) Any horse which starts in a Race and is ridden by a Rider or an Apprentice Jockey, as applicable, with an incorrect weight or weight allowance, having regard to this Rule, may be, in addition to any other penalty which may be imposed, disqualified for the Race by the Judicial Committee.
619 A Rider shall not be weighed out for a ride in a Race:
(a) where he is carrying more than 3 kg dead weight about his body until any excess weight above 3 kg is removed from about his body; and/or
(b) with a skull cap, a colours cap, padded whip or any substitute for a whip, bridle, any item or items of Notifiable Gear, saddle number cloths or anything worn on a horse’s legs and the weight of such shall not be included in the weight of a Rider for the purposes of weighing-out or weighing-in,
and unless a Stipendiary Steward permits otherwise, that Rider (after being weighed out) must not remove or add any article of wearing apparel (including any dead weight about his body) or riding gear with which he did or did not weigh out as the case may be.
620 (1) A Rider shall be weighed wearing his body protector and shall be deemed to have been weighed out at the weight shown on the scale less 1 kg to take into account the weight of his body protector.
(2) Subject to sub-Rule (1) above, if a Rider, in being weighed out, exceeds by 0.5 kg or more the weight required by the conditions of the Race to be carried by his mount, the amount of such excess shall be deemed overweight and the amount of such overweight shall be declared by the Clerk of the Scales to a Stipendiary Steward and the Rider may then only proceed to ride in the Race with such overweight with the permission of a Stipendiary Steward.
(3) If a Stipendiary Steward or Investigator is satisfied that any Rider whose name has been declared to FMHRST is unable to make the weight which the horse he was to ride was handicapped to carry (or such other weight at which he may have agreed to ride the horse) the Stipendiary Steward or Investigator may permit another Rider to be substituted for the declared Rider and in such case no riding fees shall be payable to the declared Rider and no penalty shall be imposed upon the Trainer on account of the change in Riders.
SAFETY, ACCIDENTS AND ILLNESS PRIOR TO START
621 A Rider who has been declared by a Registered Medical Practitioner or an Emergency Medical Officer at the relevant Race Meeting to be unfit to ride in a Race must not:
(a) weigh out or attempt to weigh out or be weighed out to ride in a Race; and
(b) notwithstanding paragraph (a) ride in a Race at a Race Meeting, or ride in any trackwork or trials (including a jump-out or test for certification purposes),
without first obtaining a medical certificate from a Registered Medical Practitioner as fit to ride and presenting such medical certificate to a Stipendiary Steward or Investigator.
622 A Rider who is examined by or consults a Registered Medical Practitioner because of injury suffered through an accident or because of having for any reason become unfit for work or riding or who becomes aware or ought reasonably to become aware of circumstances, whether resulting from accident, illness or otherwise, which may affect his fitness for work or riding shall be required to obtain from a Registered Medical Practitioner, and to produce to a Stipendiary Steward or Investigator, a medical certificate as to his fitness to ride before riding in a Race at a Race Meeting, or riding in any trials (including jump-outs or tests for certification purposes) or trackwork.
623 A Stipendiary Steward, who on reasonable grounds considers that a Rider may be unfit to fulfil a riding engagement for a Race, trial (including a jump-out or test for certification purposes), or trackwork because of injury, illness or other disability, may require the Rider to undergo a medical examination by a Registered Medical Practitioner in order to determine the Rider’s fitness for riding and a Rider who has been required to undergo such a medical examination shall not ride in any Race, trial (including a jump-out or test for certification purposes), or trackwork unless a medical clearance has first been obtained and a medical certificate to that effect has been produced to a Stipendiary Steward.
624 (1) If a Rider:
(a) is prevented by accident or illness; or
(b) in the opinion of a Stipendiary Steward or the Judicial Committee, is otherwise unfit to ride in a Race or trial (including a jump-out or test for certification purposes), or his removal is necessary to ensure safe riding in a Race or trial,
the Rider may, with the permission of the Stipendiary Steward, be replaced by another Rider.
(2) If, after a Rider has been weighed out for a horse, the horse is in the opinion of the Judicial Committee prevented by accident, injury, illness or other mishap from starting in a Race, a riding fee shall be paid to the Rider. The decision of the Judicial Committee shall be final.
BIRDCAGE
625 (1) A horse shall be in the birdcage not later than the time fixed by the Stipendiary Stewards (being the time specified in the Club’s race book or as otherwise specified by FMHRST).
(2) A horse shall not be ordered to the starting post more than fifteen minutes before the appointed starting time (being the time specified in the Club’s race book or as otherwise specified by FMHRST) and each horse shall be at the starting post ready to start at the appointed time.
626 (1) Unless the Stipendiary Stewards direct otherwise, a horse, on leaving the birdcage, shall before proceeding to the starting post be ridden in front of the stand.
(2) All horses and Riders shall remain in the charge of a Clerk of the Course on leaving the Birdcage until their arrival at the starting post.
STARTING BARRIERS
627 (1) Subject to sub-Rule (2), the order of stall positions at the starting post from which horses shall start shall be determined by FMHRST either conducting a draw for such stall positions or using a random number selection facility.
(2) Where the order of stall positions is to be determined by a manual draw for promotional purposes, the draw shall be conducted by a Stipendiary Steward.
628 (1) At a Race Meeting all Races shall, unless a Stipendiary Steward otherwise determines, be started with starting stalls approved by the Stipendiary Stewards.
(2) A blindfold, rope or other means of persuading a horse to enter the starting stalls, may be used at the start with the prior permission of a Stipendiary Steward.
AT THE START
629 All Races shall be started by the Starter and, if applicable, Starter’s assistant, or a person approved by the Stipendiary Stewards to carry out the role of Starter or Starter’s assistant.
630 Only the Starter and his assistants, a Veterinarian, a farrier, the Clerks of the Course and the Riders in the Race, are permitted to be at the start of a Race, unless a Stipendiary Steward provides otherwise.
631 (1) A Rider and his horse shall, immediately on arriving at the starting post, be under the Starter’s orders and a horse and/or its Rider shall thereafter not leave such starting post without the consent of the Starter.
(2) Each horse shall, as far as is practicable, be started from the starting stalls corresponding to such stall position determined by FMHRST in accordance with Rule 627.
(3) Subject to sub-Rule (4), a Stipendiary Steward in consultation with the Starter may refuse to allow to start in the Race a horse which:
(a) refuses to enter its starting stall or is excessively unruly or fractious; or
(b) is considered by the Stipendiary Steward to be causing undue delay or to be injured or otherwise disabled,
in which case such horse shall be declared by such Stipendiary Steward to have been scratched from the Race.
(4) If the Race is a Jumping Race then, a Stipendiary Steward in consultation with the Starter may in any case of emergency or with the prior permission of the Judicial Committee start a Race without using the approved starting stalls in which case the horses shall be drawn up in their proper order of stall positions and as nearly as possible in a straight line and the Race shall commence from a standing start, if possible, although this is not obligatory. If in so doing the Race is run over a shorter distance it shall not be void. An objection or protest shall not be taken or made, and an information shall not be filed or received, under these Rules on the ground that the horses were not started in accordance this Rule.
(5) The Starter’s decision as to whether or not a proper start has been effected and to any other matter in connection with the start shall be final and shall not be subject to appeal, including where the Starter has by his actions declared a Race to be a false start.
(6) Except as provided in Rules 628(1) and 631(4), where:
(a) the horses are started in front of the starting post;
(b) the Race is run over the wrong distance, on a wrong course or before the appointed time; or
(c) any horse or horses is prevented by mechanical failure of the starting stalls from participating in the Race,
the Judicial Committee shall have an absolute discretion to determine whether the Race shall be deemed to have been run or to be void, provided, however, that in exercising such discretion the Judicial Committee shall have regard to:
(d) the degree of variation from the advertised length of the Race; and
(e) the interests of the public who have invested on that Race.
In any case where the Race has been declared void the horses may be started again as soon as practicable. The decision of the Judicial Committee on any such matter shall be final and shall not be subject to appeal.
(7) In the case of a horse which has behaved in an unruly or fractious manner prior to the start of or during a Race the Stipendiary Stewards may ban such horse from being entered for or started in a Race until the horse or its Trainer has complied with such conditions as the Stipendiary Stewards specify.
632 If, in the opinion of the Judicial Committee, a horse which does not finish in the first three placings was prevented from taking an effective part in a Race owing to the mechanical failure of starting stalls, or is denied a fair start and such occurrence materially prejudiced the chances of that horse (but not where the horse is slow away by its own accord), the Judicial Committee may declare such horse to be a non-starter.
AGE RESTRICTIONS FOR RUNNING IN RACES
633 A horse shall not be run in a Race when the horse is less than two years old.
RUNNING RACES
634 A horse shall not run in a Race unless it is eligible for the Race, and has been entered for the Race in accordance with these Rules. If a horse starts in a Race for which it is ineligible it shall be, in addition to any other penalty which may be imposed, disqualified.
635 (1) If a horse:
(a) is being trained by a person who is not a Trainer; or
(b) is to be ridden by a person who is not a Rider qualified to ride in that Race,
then that horse shall not be started in that Race.
(2) If the horse has been trained by a person referred to in sub-Rule (1)(a) above:
(a) it may be, in addition to any other penalty which may be imposed, disqualified for the Race and/or for such further period as the Judicial Committee thinks fit; and
(b) the person who has trained the horse and the Owner or lessee (as the case may be) or any other person who has employed or permitted such person to train the horse knowing that he was not qualified to do so shall be liable.
(3) If the horse referred to in sub-Rule (1) above is to be ridden, or was ridden in that Race by a person referred to in sub-Rule (1)(b):
(a) it may be, in addition to any other penalty which may be imposed, disqualified for the Race and/or for such further period as the Judicial Committee thinks fit; and
(b) the person who was to ride or has ridden the horse and the Owner or lessee (as the case may be) or any other person who has employed or permitted the person to ride the horse knowing or who reasonably ought to have known that he was not qualified to do so shall be liable.
(4) A Trainer must ensure that the Rider whose name was declared to FMHRST as the Rider of a horse at a Race Meeting rides that horse if it starts in the Race unless a Stipendiary Steward in his discretion permits the horse to be ridden by another Rider.
636 (1) A person:
(a) shall not run a horse, or cause or permit a horse to be run, other than on its merits;
(b) being the Rider of a horse in a Race, must take all reasonable and permissible measures throughout the Race to ensure that his horse is given full opportunity to win the Race or to obtain the best possible finishing place;
(c) being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared;
(d) being the Rider of a horse in a Race must not rely on the chance of a protest, objection, information or proceeding;
(e) shall not ride a horse in a Race without holding a current Rider’s License; and
(f) being the Rider of a horse, must appear in the racing colours registered in connection with that horse, and wear the requisite riding gear of the type and nature set out in the approved gear list determined and published by FMHRST in accordance with Rule 609.
(2) Where a person acts in contravention of sub-Rule (1) above, the Judicial Committee may disqualify the horse for the Race and for such period as it thinks fit.
637 (1) A horse may be, in addition to any other penalty which may be imposed, disqualified for a Race if:
(a) it runs on the wrong side of any post, flag, drum or other boundary mark and does not turn back and run the proper course from such post, flag, drum or other boundary mark;
(b) such horse, or any horse belonging to the same Owner or lessee (as the case may be), or in which the same Owner or lessee (as the case may be) has any registerable interest and which is running in the same Race, causes interference to another horse.
638 (1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(a) foul;
(b) reckless;
(c) improper;
(d) careless; or
(e) incompetent.
(2) A Rider shall not make a celebratory gesture prior to his horse passing the winning post.
(3) A Rider shall not:
(a) use a whip other than a padded whip of a type, make or model specifically approved by FMHRST, in a Race or trial (including a jump-out or test for certification purposes) or trackwork;
(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
(c) strike a horse forward of its shoulder; and/or
(d) during a Race or trial (including a jump-out or test for certification purposes), use or carry more than one padded whip.
RUNNING OF JUMPING RACES
639 In a Jumping Race a horse which, refusing to jump an obstacle, is led over it by a person or which is given a lead over an obstacle by a person not riding in the Race, shall be, in addition to any other penalty which may be imposed, disqualified for that Jumping Race.
640 (1) The following provisions apply to Hurdle Races and Steeplechase Races:
(a) in every case where the course to be run is not wholly enclosed by rails or where part of the course is indicated by a special mark of any description, a Stipendiary Steward or official appointed by the Stipendiary Stewards for the purpose shall on the day of the Race explain, indicate or point out to all Riders the course and all flags, posts, drums and boundary marks being used. Any subsequent removal or alteration of any flag, post, drum or boundary mark indicating the course and any new flag, post, drum or boundary mark shall not, unless explained, indicated or pointed out to all Riders by a Stipendiary Steward or other Official of the Race Meeting, have any effect for any purpose in connection with the course;
(b) if a horse misses a jump its Rider shall not proceed in the Race until the horse has negotiated the jump;
(c) if the horse gets away from a Rider:
(i) the horse may be remounted and ridden for the remainder of the Race provided that no jumps have been evaded, and after remounting the Rider shall ride to behind that place where the horse got away before proceeding to continue the Race; and
(ii) a Rider so losing his horse may be assisted in remounting it; and
(d) where there is a flight of hurdles, including a brush hurdle, or a moveable steeplechase fence which has to be jumped more than once and in the course of the first or any subsequent time over such hurdles or fence a panel therein is knocked over, it shall be permissible but not obligatory to re-erect, replace or remove such panel before the next time round provided however that no such panel may be re-erected or removed until all horses still retaining their Riders and in the Race have passed over that jump on the round where such panel was knocked over;
(2) In the event of a breach of any of the provisions of paragraphs (a), (b), (c)(i) and (c)(ii) of sub-Rule (1) of this Rule, in addition to any other penalty which may be imposed, the horse shall be disqualified for the Race.
(3) A Rider shall not, at any time between when the horses leave the birdcage for the running of a Hurdle Race or Steeplechase Race and when any such Race is started, permit his horse to jump a hurdle, fence or other obstacle.
JUDGING OF THE RACE
641 (1) The Judge shall place all horses in a Race according to the order in which their noses have reached the winning post.
(2) In a Race for which photo finish apparatus is operational, the Judge shall, after the last of the placed horses has passed the winning post, call for and inspect the photograph or photographs of the finish of such Race with a view to arriving at or checking his decision.
(3) Immediately after the Race or as soon as possible when use is made of the photograph of the finish the Judge must place and name all horses finishing in a stake bearing place and the placing immediately following the stake-bearing placings, or such further number as a Stipendiary Steward may require, and record the distances between such placed horses. The Judge shall sign the report specifying the stake bearing placings and the placing immediately following the stake-bearing placings, or such other placings in accordance with this sub-Rule (3) and shall have it promptly delivered to the Clerk of Scales. The signing of such report by the Judge shall deem it to be the Judge’s Report.
(4) As soon as possible after signing the Judge’s Report, the Judge must prepare a complete placing report for all horses in a Race, specifying the place and name of all horses finishing, their times and the distances between such horses. Once completed, this report is to be promptly delivered to FMHRST.
(5) The decision of the Judge of the order in which the horses have reached the winning post shall be final and shall not be subject to appeal. The Judge, himself, may correct a mistake, provided that a correction made after the declaration of the Official Result of Placings shall not in any way affect the Official Result of Placings.
642 (1) If a placed horse or its Rider causes interference within the meaning of this Rule 642 to another placed horse, and the Judicial Committee is of the opinion that the horse so interfered with would have finished ahead of the first mentioned horse had such interference not occurred, they may place the first mentioned horse immediately after the horse interfered with.
(2) For the purposes of Rules 637 and 642:
(a) “placed horse” shall be a horse placed by the Judge in accordance with Rule 641(3); and
(b) “interference” is defined as:
(i) a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing;
(ii) a horse jostling with another horse, unless it is proved that such jostling was caused by the fault of some other horse or Rider or that the horse or Rider jostled with was partly at fault; or
(iii) a horse itself, or its Rider, in any way interfering with another horse or the Rider of another horse in a Race, unless it is proved that such interference was caused by the fault of some other horse or Rider or that the horse or Rider interfered with was partly at fault.
643 (1) If a Race is run by all the horses at wrong weights or if the Judge or his substitute or assistant or a Stipendiary Steward is not in the Judge’s box when the placed horses or any of them pass the winning post, or all of the placed horses are disqualified, the Race may be declared void by the Judicial Committee who may direct the Race to be run again as soon as practicable.
(2) The decision of the Judicial Committee on any of the matters mentioned in the last preceding sub-Rule shall be final and shall not be subject to any appeal.
644 A Jumping Race shall not exceed twenty minutes in duration. After the expiration of twenty minutes from the start of the Jumping Race, the Judge shall leave his box, and declare the relevant placings, and a horse which subsequently passes the winning post shall not be placed.
DEAD-HEATS
645 (1) If a dead-heat is run in a Race by two or more horses, the Owners or lessees (as the case may be) of such horses shall divide equally all the moneys or other prizes which any of them would have received if there had not been a dead-heat.
(2) If the Owners or lessees (as the case may be) cannot agree as to which of them shall take a cup or other prize which cannot be divided, the question shall be determined by lot by FMHRST who, in such cases, shall decide what sum of money shall be paid to the other Owner or lessee or Owners or lessees by the Owner or lessee who takes such cup or other indivisible prize.
WALK OVER
646 (1) Where only one horse weighs out for a Race, it must proceed to the starting post and shall then be deemed to have walked over.
(2) Where only one horse weighs out in a Race in which a sum of money is given only one-half of the amount which by the conditions of the Race was payable to the winner shall be paid.
(3) If two or more horses are weighed out but a horse is not placed in second or in any lower place, the money or prize provided by the conditions of the Race for the second or lower placed horse shall be retained by the Club.
(4) A horse who walks over for a Race shall for the purposes of the classification of horses or Races or for liability to re-handicapping be regarded as having won the Race and as having had credited to it the actual amount in money paid in the aggregate to the Owner or lessee (as the case may be), Trainer and Rider of that horse (disregarding any deductions made by the Club for nomination, acceptance or other similar fees and goods and services tax).
WEIGHING-IN
647 (1) All Riders in a Race shall weigh-in, unless excused from doing so by a Stipendiary Steward. A horse whose Rider does not weigh in shall, in addition to any other penalty which may be imposed, be disqualified from the Race, unless the Stipendiary Stewards are satisfied that the:
(a) Rider’s failure to weigh-in, in accordance with this Rule, was justified by extraordinary circumstances, including if the Stipendiary Stewards are satisfied that, on account of accident or sudden illness, it is impracticable for him to weigh in; and
(b) Rider weighed out correctly with, and carried, his proper weight.
(2) The Clerk of the Scales shall record the exact time the last Rider, required by the Stipendiary Stewards to be weighed in, is so weighed in.
648 (1) A muzzle, martingale, breastplate, crupper, suspender or clothing of the horse (other than the articles mentioned in Rule 619(b) hereof) in which a horse runs, shall be put into the scales and included in the Rider’s weight.
(2) If a horse is led away from the scales before the Rider’s weight has been declared by the Clerk of the Scales, no article shall thereafter be taken off such horse for the purpose of being weighed with the Rider whether or not he may be the proper weight without it.
(3) If, on being weighed in, a Rider cannot draw the proper weight the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.
(4) A horse carrying more than its proper weight or weight in excess of that at which the Rider weighed out shall not be disqualified by reason of that fact alone.
(5) If the Rider of a horse weighs in at a weight of 1kg or more in excess of that at which the Rider weighed out, the Clerk of the Scales shall record the weight by which the Rider on weighing in exceeded the weight at which he weighed out and inform a Stipendiary Steward and that Rider commits a breach of these Rules.
649 (1) A Rider must not:
(a) do or permit any wrongful act or omission with respect to weight or weighing; or
(b) touch (other than accidentally) another person or anything other than an article of his own equipment before weighing in provided, however, that a Stipendiary Steward may waive a breach of this sub-Rule if, in his opinion, the integrity of the weighing-in process has not been prejudiced by such action.
(2) In the event of a Rider acting in contravention of Rule 649(1)(b), his horse may be disqualified for the Race concerned, irrespective of whether or not any penalty is imposed on the Rider for the breach, provided however that the Judicial Committee may in its discretion waive the disqualification of the horse if it is satisfied that the breach committed by the Rider was in no way related to the horse.
(3) A Rider must not weigh-in at a weight that exceeds or is less than the proper weight as is defined in and with the allowance permitted by Rule 648(3).
(4) An Owner or lessee (as the case may be), Trainer or other person for the time being in charge of a horse must not:
(a) do or permit any wrongful act or omission with respect to weight or weighing; or
(b) after the horse’s Rider has weighed out and before the horse races, remove or add any article of wearing apparel or riding or other gear with which the Rider did or did not weigh out as the case may be.
HORSE WELFARE
650 (1) The Trainer or any other person in charge of a horse that is to be brought to the Racecourse or is at the Racecourse to start in a Race must:
(a) ensure that such horse is fit and properly conditioned for the Race in which it is entered; and
(b) report to the Stipendiary Stewards as soon as possible, and in any event no later than one hour before the starting time of that Race, being the time determined by Racing Board (as amended by FMHRST from time to time), any condition or occurrence that may affect the running of the horse in that Race unless the condition or occurrence is first noticed by the Trainer or other such person or brought to their notice after such time.
(2) The Trainer and/or Owner or lessee (as the case may be) and/or Rider shall report to the Stipendiary Stewards as soon as possible anything which might have affected the running of their horse in a Race.
(3) Should anything which might have any bearing on the past or the future running of the horse come to the notice of the Trainer, Owner or lessee (as the case may be) and/or Rider, after the horse has left the Racecourse, it must be reported as soon as possible to the Stipendiary Stewards.
651 (1) An attack of nasal bleeding shall be the appearance of blood at one or both nostrils, irrespective of quantity, unless in the opinion of the Stipendiary Stewards such bleeding was caused by external trauma.
(2) If a horse suffers an attack of nasal bleeding at any time the Trainer of the horse shall report the fact of such bleeding to a Stipendiary Steward without delay and shall subsequently supply that Stipendiary Steward with any further information in relation to such attack which he may require.
(3) A horse which has, in the opinion of a Stipendiary Steward (following consultation with a Veterinarian, as applicable), suffered an attack of nasal bleeding shall not without permission of a Stipendiary Steward:
(a) be trained, exercised or galloped on any Training Facility or Racecourse for a period of two months from the date of the attack;
(b) start in any Race or trial for a period of three months, and then only after a satisfactory gallop of at least 1,000 metres in the presence of a Stipendiary Steward and/or a Veterinarian.
(4) If a horse suffers more than one attack of nasal bleeding such horse shall be ineligible to start in any Race.
652 (1) A mare or filly shall not Race or participate in any trials (including jump-outs or tests for certification purposes), or trackwork after day 120 of its pregnancy.
(2) A Trainer shall, as soon as possible upon becoming aware of the pregnancy of a mare or filly in his charge, notify the Stipendiary Stewards in writing of the pregnancy, and the date of the last service, of such mare or filly.
653 A horse that has been subjected to any form of shock wave therapy shall be ineligible to Race or participate in any trial (including a jump-out or test for certification purposes) in the seven days immediately following such treatment.
654 A horse which has a tracheostomy is ineligible to Race or participate in trials (including jump-outs or tests for certification purposes) or trackwork.
655 (1) A Stipendiary Steward may, without any requirement to seek or receive the consent of the Owner or his Agent or its Racing Manager, order a horse to be destroyed by such person as the Stipendiary Steward considers suitable if that horse is injured on a Racecourse during a Race Meeting and in the opinion of the Stipendiary Steward the destruction of such horse is advisable to save it unnecessary suffering, provided that where a Veterinarian appointed for that Race Meeting is present the Stipendiary Steward first seeks the recommendation of that Veterinarian. For the purpose of this Rule the term “Owner” shall be deemed to include any person who has a legal or beneficial interest in that horse or Legal Ownership Entity that owns such horse.
(2)FMHRST, the Club, the Stipendiary Steward and any other officer or employee of FMHRST or the Club, the Veterinarian, and any other person ordered or permitted by the Stipendiary Steward to destroy such horse shall have no liability for any loss suffered by any person as a result of or in connection with the destruction of such horse or any such order or recommendation as is referred to in Rule 655(1). The Stipendiary Steward may order that a post-mortem examination be carried out in respect of any horse which dies or is killed on a Racecourse.
DRUG AND ALCOHOL TESTING
656 (1) A Rider who rides or presents himself to ride a horse at a Racecourse, Training Facility or Trainer’s Premises shall thereby be deemed to have consented to a sample of his blood, breath, urine, saliva or sweat (or more than one thereof), being obtained from him by or under the supervision of a Registered Medical Practitioner or by an Authorised Person if and whenever the Rider is required by a Stipendiary Steward or Investigator to permit such a sample to be so obtained.
(2) A Stipendiary Steward or Investigator may require a Rider to supply a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) at a time and place nominated by the Stipendiary Steward or Investigator. If so, such Rider must comply with such a requirement. Any Rider acting in contravention of this Rule shall be reported to FMHRST by the Stipendiary Steward or Investigator dealing with the breach and FMHRST shall consider whether, in addition to any penalty which may be imposed by the Judicial Committee, such person’s License should be cancelled under Rule 322(1) of these Rules.
(3) A Rider who, having been required by a Stipendiary Steward or Investigator to supply a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) in accordance with this Rule must not have blood, breath, urine, saliva or sweat (whichever is the subject of the applicable sample) which is found upon analysis to contain any controlled drug or other illicit substance or diuretic and/or its metabolites, artifacts or isomers.
(4) A Rider who rides or presents himself to ride a horse at a Racecourse, Training Facility or Trainer’s Premises must not have a breath alcohol level greater than 100 micrograms of alcohol per litre of breath.
657 (1) If a Rider has supplied a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) in accordance with Rule 656(2), and such sample or samples is or are found upon analysis to contain any controlled drug or other illicit substance and/or its metabolites, artifacts or isomers, then:
(a) that such person shall be notified in writing of the finding of that analysis as soon as reasonably practicable; and
(b) that person’s License shall be automatically withdrawn from the date of the written notice until the Judicial Committee issues a substantive decision in relation to any information filed against that person in relation to that sample or samples.
(2) If:
(a) no information against that Rider is filed within 21 days of the written notice referred to in Rule 657(1)(a) being served on that person; and
(b) that Rider has subsequently provided a further sample of his blood, breath, urine, saliva or sweat (being the same type or sample as the first sample provided, e.g. urine) and such sample is found upon analysis not to contain a controlled drug or other illicit substance and/or its metabolites, artifacts or isomers,
then that person’s License shall be reinstated.
(3) If, in the opinion of FMHRST, the hearing of an information against a Rider in relation to a sample or samples referred to in sub-Rule (1) above is not held in a timely way as a result of delays or omissions on the part of the informant, then FMHRST may reinstate that person’s Licence on such terms and conditions as FMHRST sees fit.
(4) The above provisions shall take effect notwithstanding anything to the contrary in the provisions of Rule 322.
TRIALS GENERALLY
658 Trials shall be conducted in accordance with the regulations set out at the Third Appendix.
PART VI
RACE DAY AND TRIALS
CONTROL OF RACE MEETING ON RACE DAY
601 A Race Meeting shall be deemed to commence at 7:30 am on the day on which the first Race of the Race Meeting is advertised to be run and to conclude at midnight on the last day (or only day, if there is only one) of the Race Meeting.
602 (1) From 7:30 am on Race day, the Stipendiary Stewards shall have the control of the Race Meeting and be charged with the duty of ensuring that the provisions of these Rules are applied and enforced in respect of that Race Meeting.
(2) A Club must follow any directives, policies, guidelines or practices of FMHRST (including the National Racing Bureau) necessary for the administration and control of a Race Meeting or related to Races or racing, including any decision by FMHRST to cancel a Race day, or a Race Meeting, which may be made prior to or after 7:30 am on a Race day of that Race Meeting.
603 A person shall not:
(a) impede the conduct of a Race Meeting; or
(b) behave improperly towards, or impede, a Stipendiary Steward, Investigator, Official, Employee or member of the Committee of a Club, FMHRST or Racing Board in the course of their duties.
604 (1) The following persons (in addition to those who may be excluded and removed under any other of these Rules) and horses shall be excluded from a Racecourse at any time when a Race Meeting is in progress:
(a) all persons and horses whose names appear for the time being in any list of disqualifications kept by FMHRST, or Another Racing Authority;
(b) all persons whose names appear for the time being in the Arrears List kept by FMHRST, or Another Racing Authority; and
(c) all persons whose presence a Stipendiary Steward or an Investigator may deem undesirable;
(2) All persons warned off a Racecourse by a Club or FMHRST, or off a racecourse or racing facility by Another Racing Authority shall be excluded from every Racecourse when any matter connected with racing is in progress.
(3) Notwithstanding that a person liable to be excluded or removed under this Rule, or under any other authority, may have paid to enter the Racecourse, or any enclosure therein, he shall not, by reason of such payment, be deemed to have acquired an irrevocable license to go into or remain in such Racecourse or enclosure, and a Stipendiary Steward or an Investigator, or any officer or Agent thereof, may remove such person from such Racecourse or enclosure.
RIDERS PRESENT
605 (1) A Rider who has a riding engagement at a Race Meeting must present himself in the jockeys' room at least 40 minutes before the starting time for the first Race in which he has a riding engagement.
(2) On or prior to presenting himself at the jockeys' room in accordance with sub-Rule (1) above, an Apprentice Jockey must notify a Stipendiary Steward whether it is such Apprentice Jockey's employer, or a representative of his employer, who is representing that Apprentice Jockey for such Race Meeting, and the person so notified to such Stipendiary Steward must be present at the Racecourse from the time the Stipendiary Steward is notified in accordance with this sub-Rule (2) until the last Race in which such Apprentice Jockey is engaged or any inquiry involving that Apprentice Jockey to be held in respect of that Race is so held on that Race Day (whichever is the later).
606 Unless otherwise permitted by a Stipendiary Steward, once a Rider has presented himself in the jockey's room in accordance with Rule 605(1) that Rider must remain in the jockeys' room and other areas specified by the Stipendiary Stewards, until he has completed his riding engagements, when he shall seek the permission of a Stipendiary Steward to leave.
607 A Rider whose License is suspended may not enter the jockeys' room or weighing room otherwise than in accordance with the proviso to Rule 1106(1).
IDENTIFICATION, RACING GEAR AND RIDING GEAR
608 A horse must be able to be identified by a Stipendiary Steward or Investigator in a manner permitted in accordance with Rule 407(a). If the horse is unable to be identified by a Stipendiary Steward or Investigator in such manner as being the horse it is represented as being, the Stipendiary Steward or Investigator may withdraw that horse from any Race, trial (including a jump-out or test for certification purposes) it was purportedly entered to start or carry out.
609 FMHRST may determine and publish an approved gear list of:
(a) the type and nature of gear which is required to be used, and which it is permissible to use, as racing gear for horses and riding gear for Riders; and
(b) Notifiable Gear, which is to be used in accordance with Rule 616,
and a horse or Rider using racing or riding gear, as applicable, must only use gear in accordance with the requirements of these Rules except where:
(c) a Stipendiary Steward grants a Rider who is temporarily visiting Mongolia permission to use gear which may not comply with the requirements of the approved gear list, provided that the Stipendiary Steward is satisfied that such Rider's gear is approved for use in the country in which the Rider normally resides; or
(d) FMHRST, in its sole discretion, permits from time to time the use of racing or riding gear which is not in accordance with the requirements of these Rules and the approved gear list, in which event a horse or Rider may use such alternative riding or racing gear as expressly permitted by FMHRST and in accordance with any conditions FMHRST may impose.
610 (1) FMHRST shall, from time to time, publish all types of body protectors as have been approved by it.
(2) A Rider shall, when mounted on a horse, wear:
(a) a properly fastened body protector of a type and standard approved by FMHRST, which shall be in a satisfactory condition and shall have attached to it a manufacturer's label that states that it complies with the relevant type and standard approved by FMHRST; and
(b) a skull cap of a type and standard approved by FMHRST.
The sole responsibility for wearing a body protector and skull cap in accordance with these Rules and for ensuring that the body protector and skull cap is in a satisfactory condition is that of the Rider, provided that where the Rider is an Apprentice Jockey such Apprentice Jockey's employer, or a representative of their employer who is in charge of the Apprentice Jockey at any relevant time, is also responsible for the Apprentice Jockey wearing a body protector and skull cap in accordance with these Rules and for ensuring such body protector is in a satisfactory condition.
(3) A Stipendiary Steward may confiscate or order the satisfactory repair of anybody protector or skull cap that does not comply with the requirements of sub-Rule (2).
(4) A Rider may not wear or have in their possession a body protector or a skull cap that has been modified in any way.
611 A Rider must not wear spurs in a Flat Race or flat trial (including a flat jump-out or flat test for certification purposes).
612 A person must use sound and suitable gear on a horse.
613 A person must not start or attempt to start a horse in a Race or trial (including a jump-out, or test for certification purposes with a horse):
(a) in bandages, unless those bandages are securely fastened to the satisfaction of a Stipendiary Steward;
(b) with its ears plugged in any manner;
(c) in plates having a sharp flange or sharp projection on the ground-bearing surface, or which are excessively worn or otherwise faulty or defective; or
(d) unless fully shod with approved plates in accordance with the plating provisions of the approved gear list determined and published by FMHRST in accordance with Rule 609, provided that in exceptional circumstances a Stipendiary Steward may permit a horse to run unshod or partly shod.
If a horse wears shoes, or wears plates which are in breach of paragraph (c) or paragraph (d), it may be, in addition to any other penalty which may be imposed, disqualified for such Race or trial. The obligations set out in paragraph (c) and paragraph (d) of this Rule also apply to a person shoeing the horse for that event, who for the purposes of this Rule shall be deemed to have attempted to start the horse in such Race or trial in such shoes or plates.
614 (1) In order to prevent danger to himself or to any other Riders or to any horses in a Race or trial (including a jump-out or test for certification purposes), a Stipendiary Steward may require a Rider to lengthen his stirrup leathers.
(2) A person must not be neglectful or careless in saddling a horse.
615 A loss or breakage of gear during a Race or trial (including a jump-out or test for certification purposes), or any unusual happening in connection with gear, shall be reported by the Trainer and/or Owner or lessee (as the case may be) and/or Rider to the Stipendiary Stewards immediately after the Race or trial.
NOTIFIABLE GEAR
616 (1) Subject to Rules 609 and 616(2), only an item or items of approved gear or Notifiable Gear may be used on a horse in a Race, a trial, jump-out or in trackwork, provided that the Stipendiary Stewards may approve other gear for a particular horse to be used in trackwork.
(2) A Trainer shall not start or attempt to start a horse in a Race in an item or items of Notifiable Gear unless permission has been obtained from a Stipendiary Steward before the horse is accepted or is deemed to be accepted for that Race.
(3) When permission has been obtained in accordance with sub-Rule (2) of this Rule 616 for the use of an item or items of Notifiable Gear on a horse, such item or items of Notifiable Gear will continue to be used without variation on the horse concerned in consecutive subsequent Races unless permission has been obtained from a Stipendiary Steward before the horse is accepted or is deemed to be accepted for a subsequent Race, or the Trainer is otherwise approved or instructed by a Stipendiary Steward to change or adjust the Notifiable Gear that is to be used for that horse.
(4) A horse which starts, or attempts to start, in a Jumping Race shall be subject to the requirements of sub-Rules (1), (2) and (3) of this Rule 616 together with requirements of Rule 529.
(5) Subject to sub-Rule (3), any permission a Trainer obtains from a Stipendiary Steward under this Rule 616 to start or attempt to start a horse in particular items of Notifiable Gear:
(a) for a Flat Race shall only apply to Flat Races;
(b) for a Jumping Race shall only apply to Jumping Races.
For the avoidance of doubt, the Trainer has no obligation to seek a Stipendiary Steward's approval to start or attempt to start a horse in a subsequent Flat Race with the same item or items of Notifiable Gear as it started in for the last Flat Race it ran, irrespective of whether it started in a Jumping Race in other approved items of Notifiable Gear between such Flat Races. The same applies in respect of in consecutive subsequent Jumping Races.
WEIGHING OUT
617 All weighing of Riders for the purposes of these Rules shall be done by the Clerk of the Scales or a person approved by the Stipendiary Stewards to carry out the role of the Clerk of the Scales.
618 (1) Subject to sub-Rule (2) below, it is a Rider's responsibility if he is engaged to ride a horse in a Race to ensure that:
(a) he is weighed out for that horse at the appointed place more than thirty minutes before the starting time of the Race, or such other time specified by FMHRST on Race day;and
(b) he weighs out at the correct weight, including claiming the correct allowance in the event that he is an Apprentice Jockey, or is a Rider eligible to claim an allowance in a Jumping Race or Highweight Race in accordance with Rules 542(2) or (3), as applicable,
provided that where the Rider is an Apprentice Jockey, such Apprentice Jockey's employer, or a representative of their employer who is in charge of the Apprentice Jockey at any relevant time during that Race Meeting, is also responsible for the Apprentice Jockey complying with his obligations under paragraphs (a) and (b) above.
(2) Any horse which starts in a Race and is ridden by a Rider or an Apprentice Jockey, as applicable, with an incorrect weight or weight allowance, having regard to this Rule, may be, in addition to any other penalty which may be imposed, disqualified for the Race by the Judicial Committee.
619 A Rider shall not be weighed out for a ride in a Race:
(a) where he is carrying more than 3 kg dead weight about his body until any excess weight above 3 kg is removed from about his body; and/or
(b) with a skull cap, a colours cap, padded whip or any substitute for a whip, bridle, any item or items of Notifiable Gear, saddle number cloths or anything worn on a horse's legs and the weight of such shall not be included in the weight of a Rider for the purposes of weighing-out or weighing-in,
and unless a Stipendiary Steward permits otherwise, that Rider (after being weighed out) must not remove or add any article of wearing apparel (including any dead weight about his body) or riding gear with which he did or did not weigh out as the case may be.
620 (1) A Rider shall be weighed wearing his body protector and shall be deemed to have been weighed out at the weight shown on the scale less 1 kg to take into account the weight of his body protector.
(2) Subject to sub-Rule (1) above, if a Rider, in being weighed out, exceeds by 0.5 kg or more the weight required by the conditions of the Race to be carried by his mount, the amount of such excess shall be deemed overweight and the amount of such overweight shall be declared by the Clerk of the Scales to a Stipendiary Steward and the Rider may then only proceed to ride in the Race with such overweight with the permission of a Stipendiary Steward.
(3) If a Stipendiary Steward or Investigator is satisfied that any Rider whose name has been declared to FMHRST is unable to make the weight which the horse he was to ride was handicapped to carry (or such other weight at which he may have agreed to ride the horse) the Stipendiary Steward or Investigator may permit another Rider to be substituted for the declared Rider and in such case no riding fees shall be payable to the declared Rider and no penalty shall be imposed upon the Trainer on account of the change in Riders.
SAFETY, ACCIDENTS AND ILLNESS PRIOR TO START
621 A Rider who has been declared by a Registered Medical Practitioner or an Emergency Medical Officer at the relevant Race Meeting to be unfit to ride in a Race must not:
(a) weigh out or attempt to weigh out or be weighed out to ride in a Race; and
(b) notwithstanding paragraph (a) ride in a Race at a Race Meeting, or ride in any trackwork or trials (including a jump-out or test for certification purposes),
without first obtaining a medical certificate from a Registered Medical Practitioner as fit to ride and presenting such medical certificate to a Stipendiary Steward or Investigator.
622 A Rider who is examined by or consults a Registered Medical Practitioner because of injury suffered through an accident or because of having for any reason become unfit for work or riding or who becomes aware or ought reasonably to become aware of circumstances, whether resulting from accident, illness or otherwise, which may affect his fitness for work or riding shall be required to obtain from a Registered Medical Practitioner, and to produce to a Stipendiary Steward or Investigator, a medical certificate as to his fitness to ride before riding in a Race at a Race Meeting, or riding in any trials (including jump-outs or tests for certification purposes) or trackwork.
623 A Stipendiary Steward, who on reasonable grounds considers that a Rider may be unfit to fulfil a riding engagement for a Race, trial (including a jump-out or test for certification purposes), or trackwork because of injury, illness or other disability, may require the Rider to undergo a medical examination by a Registered Medical Practitioner in order to determine the Rider's fitness for riding and a Rider who has been required to undergo such a medical examination shall not ride in any Race, trial (including a jump-out or test for certification purposes), or trackwork unless a medical clearance has first been obtained and a medical certificate to that effect has been produced to a Stipendiary Steward.
624 (1) If a Rider:
(a) is prevented by accident or illness; or
(b) in the opinion of a Stipendiary Steward or the Judicial Committee, is otherwise unfit to ride in a Race or trial (including a jump-out or test for certification purposes), or his removal is necessary to ensure safe riding in a Race or trial,
the Rider may, with the permission of the Stipendiary Steward, be replaced by another Rider.
(2) If, after a Rider has been weighed out for a horse, the horse is in the opinion of the Judicial Committee prevented by accident, injury, illness or other mishap from starting in a Race, a riding fee shall be paid to the Rider. The decision of the Judicial Committee shall be final.
BIRDCAGE
625 (1) A horse shall be in the birdcage not later than the time fixed by the Stipendiary Stewards (being the time specified in the Club's race book or as otherwise specified by FMHRST).
(2) A horse shall not be ordered to the starting post more than fifteen minutes before the appointed starting time (being the time specified in the Club's race book or as otherwise specified by FMHRST) and each horse shall be at the starting post ready to start at the appointed time.
626 (1) Unless the Stipendiary Stewards direct otherwise, a horse, on leaving the birdcage, shall before proceeding to the starting post be ridden in front of the stand.
(2) All horses and Riders shall remain in the charge of a Clerk of the Course on leaving the Birdcage until their arrival at the starting post.
STARTING BARRIERS
627 (1) Subject to sub-Rule (2), the order of stall positions at the starting post from which horses shall start shall be determined by FMHRST either conducting a draw for such stall positions or using a random number selection facility.
(2) Where the order of stall positions is to be determined by a manual draw for promotional purposes, the draw shall be conducted by a Stipendiary Steward.
628 (1) At a Race Meeting all Races shall, unless a Stipendiary Steward otherwise determines, be started with starting stalls approved by the Stipendiary Stewards.
(2) A blindfold, rope or other means of persuading a horse to enter the starting stalls, may be used at the start with the prior permission of a Stipendiary Steward.
AT THE START
629 All Races shall be started by the Starter and, if applicable, Starter's assistant, or a person approved by the Stipendiary Stewards to carry out the role of Starter or Starter's assistant.
630 Only the Starter and his assistants, a Veterinarian, a farrier, the Clerks of the Course and the Riders in the Race, are permitted to be at the start of a Race, unless a Stipendiary Steward provides otherwise.
631 (1) A Rider and his horse shall, immediately on arriving at the starting post, be under the Starter's orders and a horse and/or its Rider shall thereafter not leave such starting post without the consent of the Starter.
(2) Each horse shall, as far as is practicable, be started from the starting stalls corresponding to such stall position determined by FMHRST in accordance with Rule 627.
(3) Subject to sub-Rule (4), a Stipendiary Steward in consultation with the Starter may refuse to allow to start in the Race a horse which:
(a) refuses to enter its starting stall or is excessively unruly or fractious; or
(b) is considered by the Stipendiary Steward to be causing undue delay or to be injured or otherwise disabled,
in which case such horse shall be declared by such Stipendiary Steward to have been scratched from the Race.
(4) If the Race is a Jumping Race then, a Stipendiary Steward in consultation with the Starter may in any case of emergency or with the prior permission of the Judicial Committee start a Race without using the approved starting stalls in which case the horses shall be drawn up in their proper order of stall positions and as nearly as possible in a straight line and the Race shall commence from a standing start, if possible, although this is not obligatory. If in so doing the Race is run over a shorter distance it shall not be void. An objection or protest shall not be taken or made, and an information shall not be filed or received, under these Rules on the ground that the horses were not started in accordance this Rule.
(5) The Starter's decision as to whether or not a proper start has been effected and to any other matter in connection with the start shall be final and shall not be subject to appeal, including where the Starter has by his actions declared a Race to be a false start.
(6) Except as provided in Rules 628(1) and 631(4), where:
(a) the horses are started in front of the starting post;
(b) the Race is run over the wrong distance, on a wrong course or before the appointed time; or
(c) any horse or horses is prevented by mechanical failure of the starting stalls from participating in the Race,
the Judicial Committee shall have an absolute discretion to determine whether the Race shall be deemed to have been run or to be void, provided, however, that in exercising such discretion the Judicial Committee shall have regard to:
(d) the degree of variation from the advertised length of the Race; and
(e) the interests of the public who have invested on that Race.
In any case where the Race has been declared void the horses may be started again as soon as practicable. The decision of the Judicial Committee on any such matter shall be final and shall not be subject to appeal.
(7) In the case of a horse which has behaved in an unruly or fractious manner prior to the start of or during a Race the Stipendiary Stewards may ban such horse from being entered for or started in a Race until the horse or its Trainer has complied with such conditions as the Stipendiary Stewards specify.
632 If, in the opinion of the Judicial Committee, a horse which does not finish in the first three placings was prevented from taking an effective part in a Race owing to the mechanical failure of starting stalls, or is denied a fair start and such occurrence materially prejudiced the chances of that horse (but not where the horse is slow away by its own accord), the Judicial Committee may declare such horse to be a non-starter.
AGE RESTRICTIONS FOR RUNNING IN RACES
633 A horse shall not be run in a Race when the horse is less than two years old.
RUNNING RACES
634 A horse shall not run in a Race unless it is eligible for the Race, and has been entered for the Race in accordance with these Rules. If a horse starts in a Race for which it is ineligible it shall be, in addition to any other penalty which may be imposed, disqualified.
635 (1) If a horse:
(a) is being trained by a person who is not a Trainer; or
(b) is to be ridden by a person who is not a Rider qualified to ride in that Race,
then that horse shall not be started in that Race.
(2) If the horse has been trained by a person referred to in sub-Rule (1)(a) above:
(a) it may be, in addition to any other penalty which may be imposed, disqualified for the Race and/or for such further period as the Judicial Committee thinks fit; and
(b) the person who has trained the horse and the Owner or lessee (as the case may be) or any other person who has employed or permitted such person to train the horse knowing that he was not qualified to do so shall be liable.
(3) If the horse referred to in sub-Rule (1) above is to be ridden, or was ridden in that Race by a person referred to in sub-Rule (1)(b):
(a) it may be, in addition to any other penalty which may be imposed, disqualified for the Race and/or for such further period as the Judicial Committee thinks fit; and
(b) the person who was to ride or has ridden the horse and the Owner or lessee (as the case may be) or any other person who has employed or permitted the person to ride the horse knowing or who reasonably ought to have known that he was not qualified to do so shall be liable.
(4) A Trainer must ensure that the Rider whose name was declared to FMHRST as the Rider of a horse at a Race Meeting rides that horse if it starts in the Race unless a Stipendiary Steward in his discretion permits the horse to be ridden by another Rider.
636 (1) A person:
(a) shall not run a horse, or cause or permit a horse to be run, other than on its merits;
(b) being the Rider of a horse in a Race, must take all reasonable and permissible measures throughout the Race to ensure that his horse is given full opportunity to win the Race or to obtain the best possible finishing place;
(c) being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared;
(d) being the Rider of a horse in a Race must not rely on the chance of a protest, objection, information or proceeding;
(e) shall not ride a horse in a Race without holding a current Rider’s License; and
(f) being the Rider of a horse, must appear in the racing colours registered in connection with that horse, and wear the requisite riding gear of the type and nature set out in the approved gear list determined and published by FMHRST in accordance with Rule 609.
(2) Where a person acts in contravention of sub-Rule (1) above, the Judicial Committee may disqualify the horse for the Race and for such period as it thinks fit.
637 (1) A horse may be, in addition to any other penalty which may be imposed, disqualified for a Race if:
(a) it runs on the wrong side of any post, flag, drum or other boundary mark and does not turn back and run the proper course from such post, flag, drum or other boundary mark;
(b) such horse, or any horse belonging to the same Owner or lessee (as the case may be), or in which the same Owner or lessee (as the case may be) has any registerable interest and which is running in the same Race, causes interference to another horse.
638 (1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(a) foul;
(b) reckless;
(c) improper;
(d) careless; or
(e) incompetent.
(2) A Rider shall not make a celebratory gesture prior to his horse passing the winning post.
(3) A Rider shall not:
(a) use a whip other than a padded whip of a type, make or model specifically approved by FMHRST, in a Race or trial (including a jump-out or test for certification purposes) or trackwork;
(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
(c) strike a horse forward of its shoulder; and/or
(d) during a Race or trial (including a jump-out or test for certification purposes), use or carry more than one padded whip.
RUNNING OF JUMPING RACES
639 In a Jumping Race a horse which, refusing to jump an obstacle, is led over it by a person or which is given a lead over an obstacle by a person not riding in the Race, shall be, in addition to any other penalty which may be imposed, disqualified for that Jumping Race.
640 (1) The following provisions apply to Hurdle Races and Steeplechase Races:
(a) in every case where the course to be run is not wholly enclosed by rails or where part of the course is indicated by a special mark of any description, a Stipendiary Steward or official appointed by the Stipendiary Stewards for the purpose shall on the day of the Race explain, indicate or point out to all Riders the course and all flags, posts, drums and boundary marks being used. Any subsequent removal or alteration of any flag, post, drum or boundary mark indicating the course and any new flag, post, drum or boundary mark shall not, unless explained, indicated or pointed out to all Riders by a Stipendiary Steward or other Official of the Race Meeting, have any effect for any purpose in connection with the course;
(b) if a horse misses a jump its Rider shall not proceed in the Race until the horse has negotiated the jump;
(c) if the horse gets away from a Rider:
(i) the horse may be remounted and ridden for the remainder of the Race provided that no jumps have been evaded, and after remounting the Rider shall ride to behind that place where the horse got away before proceeding to continue the Race; and
(ii) a Rider so losing his horse may be assisted in remounting it; and
(d) where there is a flight of hurdles, including a brush hurdle, or a moveable steeplechase fence which has to be jumped more than once and in the course of the first or any subsequent time over such hurdles or fence a panel therein is knocked over, it shall be permissible but not obligatory to re-erect, replace or remove such panel before the next time round provided however that no such panel may be re-erected or removed until all horses still retaining their Riders and in the Race have passed over that jump on the round where such panel was knocked over;
(2) In the event of a breach of any of the provisions of paragraphs (a), (b), (c)(i) and (c)(ii) of sub-Rule (1) of this Rule, in addition to any other penalty which may be imposed, the horse shall be disqualified for the Race.
(3) A Rider shall not, at any time between when the horses leave the birdcage for the running of a Hurdle Race or Steeplechase Race and when any such Race is started, permit his horse to jump a hurdle, fence or other obstacle.
JUDGING OF THE RACE
641 (1) The Judge shall place all horses in a Race according to the order in which their noses have reached the winning post.
(2) In a Race for which photo finish apparatus is operational, the Judge shall, after the last of the placed horses has passed the winning post, call for and inspect the photograph or photographs of the finish of such Race with a view to arriving at or checking his decision.
(3) Immediately after the Race or as soon as possible when use is made of the photograph of the finish the Judge must place and name all horses finishing in a stake bearing place and the placing immediately following the stake-bearing placings, or such further number as a Stipendiary Steward may require, and record the distances between such placed horses. The Judge shall sign the report specifying the stake bearing placings and the placing immediately following the stake-bearing placings, or such other placings in accordance with this sub-Rule (3) and shall have it promptly delivered to the Clerk of Scales. The signing of such report by the Judge shall deem it to be the Judge’s Report.
(4) As soon as possible after signing the Judge’s Report, the Judge must prepare a complete placing report for all horses in a Race, specifying the place and name of all horses finishing, their times and the distances between such horses. Once completed, this report is to be promptly delivered to FMHRST.
(5) The decision of the Judge of the order in which the horses have reached the winning post shall be final and shall not be subject to appeal. The Judge, himself, may correct a mistake, provided that a correction made after the declaration of the Official Result of Placings shall not in any way affect the Official Result of Placings.
642 (1) If a placed horse or its Rider causes interference within the meaning of this Rule 642 to another placed horse, and the Judicial Committee is of the opinion that the horse so interfered with would have finished ahead of the first mentioned horse had such interference not occurred, they may place the first mentioned horse immediately after the horse interfered with.
(2) For the purposes of Rules 637 and 642:
(a) “placed horse” shall be a horse placed by the Judge in accordance with Rule 641(3); and
(b) “interference” is defined as:
(i) a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing;
(ii) a horse jostling with another horse, unless it is proved that such jostling was caused by the fault of some other horse or Rider or that the horse or Rider jostled with was partly at fault; or
(iii) a horse itself, or its Rider, in any way interfering with another horse or the Rider of another horse in a Race, unless it is proved that such interference was caused by the fault of some other horse or Rider or that the horse or Rider interfered with was partly at fault.
643 (1) If a Race is run by all the horses at wrong weights or if the Judge or his substitute or assistant or a Stipendiary Steward is not in the Judge’s box when the placed horses or any of them pass the winning post, or all of the placed horses are disqualified, the Race may be declared void by the Judicial Committee who may direct the Race to be run again as soon as practicable.
(2) The decision of the Judicial Committee on any of the matters mentioned in the last preceding sub-Rule shall be final and shall not be subject to any appeal.
644 A Jumping Race shall not exceed twenty minutes in duration. After the expiration of twenty minutes from the start of the Jumping Race, the Judge shall leave his box, and declare the relevant placings, and a horse which subsequently passes the winning post shall not be placed.
DEAD-HEATS
645 (1) If a dead-heat is run in a Race by two or more horses, the Owners or lessees (as the case may be) of such horses shall divide equally all the moneys or other prizes which any of them would have received if there had not been a dead-heat.
(2) If the Owners or lessees (as the case may be) cannot agree as to which of them shall take a cup or other prize which cannot be divided, the question shall be determined by lot by FMHRST who, in such cases, shall decide what sum of money shall be paid to the other Owner or lessee or Owners or lessees by the Owner or lessee who takes such cup or other indivisible prize.
WALK OVER
646 (1) Where only one horse weighs out for a Race, it must proceed to the starting post and shall then be deemed to have walked over.
(2) Where only one horse weighs out in a Race in which a sum of money is given only one-half of the amount which by the conditions of the Race was payable to the winner shall be paid.
(3) If two or more horses are weighed out but a horse is not placed in second or in any lower place, the money or prize provided by the conditions of the Race for the second or lower placed horse shall be retained by the Club.
(4) A horse who walks over for a Race shall for the purposes of the classification of horses or Races or for liability to re-handicapping be regarded as having won the Race and as having had credited to it the actual amount in money paid in the aggregate to the Owner or lessee (as the case may be), Trainer and Rider of that horse (disregarding any deductions made by the Club for nomination, acceptance or other similar fees and goods and services tax).
WEIGHING-IN
647 (1) All Riders in a Race shall weigh-in, unless excused from doing so by a Stipendiary Steward. A horse whose Rider does not weigh in shall, in addition to any other penalty which may be imposed, be disqualified from the Race, unless the Stipendiary Stewards are satisfied that the:
(a) Rider’s failure to weigh-in, in accordance with this Rule, was justified by extraordinary circumstances, including if the Stipendiary Stewards are satisfied that, on account of accident or sudden illness, it is impracticable for him to weigh in; and
(b) Rider weighed out correctly with, and carried, his proper weight.
(2) The Clerk of the Scales shall record the exact time the last Rider, required by the Stipendiary Stewards to be weighed in, is so weighed in.
648 (1) A muzzle, martingale, breastplate, crupper, suspender or clothing of the horse (other than the articles mentioned in Rule 619(b) hereof) in which a horse runs, shall be put into the scales and included in the Rider’s weight.
(2) If a horse is led away from the scales before the Rider’s weight has been declared by the Clerk of the Scales, no article shall thereafter be taken off such horse for the purpose of being weighed with the Rider whether or not he may be the proper weight without it.
(3) If, on being weighed in, a Rider cannot draw the proper weight the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.
(4) A horse carrying more than its proper weight or weight in excess of that at which the Rider weighed out shall not be disqualified by reason of that fact alone.
(5) If the Rider of a horse weighs in at a weight of 1kg or more in excess of that at which the Rider weighed out, the Clerk of the Scales shall record the weight by which the Rider on weighing in exceeded the weight at which he weighed out and inform a Stipendiary Steward and that Rider commits a breach of these Rules.
649 (1) A Rider must not:
(a) do or permit any wrongful act or omission with respect to weight or weighing; or
(b) touch (other than accidentally) another person or anything other than an article of his own equipment before weighing in provided, however, that a Stipendiary Steward may waive a breach of this sub-Rule if, in his opinion, the integrity of the weighing-in process has not been prejudiced by such action.
(2) In the event of a Rider acting in contravention of Rule 649(1)(b), his horse may be disqualified for the Race concerned, irrespective of whether or not any penalty is imposed on the Rider for the breach, provided however that the Judicial Committee may in its discretion waive the disqualification of the horse if it is satisfied that the breach committed by the Rider was in no way related to the horse.
(3) A Rider must not weigh-in at a weight that exceeds or is less than the proper weight as is defined in and with the allowance permitted by Rule 648(3).
(4) An Owner or lessee (as the case may be), Trainer or other person for the time being in charge of a horse must not:
(a) do or permit any wrongful act or omission with respect to weight or weighing; or
(b) after the horse’s Rider has weighed out and before the horse races, remove or add any article of wearing apparel or riding or other gear with which the Rider did or did not weigh out as the case may be.
HORSE WELFARE
650 (1) The Trainer or any other person in charge of a horse that is to be brought to the Racecourse or is at the Racecourse to start in a Race must:
(a) ensure that such horse is fit and properly conditioned for the Race in which it is entered; and
(b) report to the Stipendiary Stewards as soon as possible, and in any event no later than one hour before the starting time of that Race, being the time determined by Racing Board (as amended by FMHRST from time to time), any condition or occurrence that may affect the running of the horse in that Race unless the condition or occurrence is first noticed by the Trainer or other such person or brought to their notice after such time.
(2) The Trainer and/or Owner or lessee (as the case may be) and/or Rider shall report to the Stipendiary Stewards as soon as possible anything which might have affected the running of their horse in a Race.
(3) Should anything which might have any bearing on the past or the future running of the horse come to the notice of the Trainer, Owner or lessee (as the case may be) and/or Rider, after the horse has left the Racecourse, it must be reported as soon as possible to the Stipendiary Stewards.
651 (1) An attack of nasal bleeding shall be the appearance of blood at one or both nostrils, irrespective of quantity, unless in the opinion of the Stipendiary Stewards such bleeding was caused by external trauma.
(2) If a horse suffers an attack of nasal bleeding at any time the Trainer of the horse shall report the fact of such bleeding to a Stipendiary Steward without delay and shall subsequently supply that Stipendiary Steward with any further information in relation to such attack which he may require.
(3) A horse which has, in the opinion of a Stipendiary Steward (following consultation with a Veterinarian, as applicable), suffered an attack of nasal bleeding shall not without permission of a Stipendiary Steward:
(a) be trained, exercised or galloped on any Training Facility or Racecourse for a period of two months from the date of the attack;
(b) start in any Race or trial for a period of three months, and then only after a satisfactory gallop of at least 1,000 metres in the presence of a Stipendiary Steward and/or a Veterinarian.
(4) If a horse suffers more than one attack of nasal bleeding such horse shall be ineligible to start in any Race.
652 (1) A mare or filly shall not Race or participate in any trials (including jump-outs or tests for certification purposes), or trackwork after day 120 of its pregnancy.
(2) A Trainer shall, as soon as possible upon becoming aware of the pregnancy of a mare or filly in his charge, notify the Stipendiary Stewards in writing of the pregnancy, and the date of the last service, of such mare or filly.
653 A horse that has been subjected to any form of shock wave therapy shall be ineligible to Race or participate in any trial (including a jump-out or test for certification purposes) in the seven days immediately following such treatment.
654 A horse which has a tracheostomy is ineligible to Race or participate in trials (including jump-outs or tests for certification purposes) or trackwork.
655 (1) A Stipendiary Steward may, without any requirement to seek or receive the consent of the Owner or his Agent or its Racing Manager, order a horse to be destroyed by such person as the Stipendiary Steward considers suitable if that horse is injured on a Racecourse during a Race Meeting and in the opinion of the Stipendiary Steward the destruction of such horse is advisable to save it unnecessary suffering, provided that where a Veterinarian appointed for that Race Meeting is present the Stipendiary Steward first seeks the recommendation of that Veterinarian. For the purpose of this Rule the term “Owner” shall be deemed to include any person who has a legal or beneficial interest in that horse or Legal Ownership Entity that owns such horse.
(2)FMHRST, the Club, the Stipendiary Steward and any other officer or employee of FMHRST or the Club, the Veterinarian, and any other person ordered or permitted by the Stipendiary Steward to destroy such horse shall have no liability for any loss suffered by any person as a result of or in connection with the destruction of such horse or any such order or recommendation as is referred to in Rule 655(1). The Stipendiary Steward may order that a post-mortem examination be carried out in respect of any horse which dies or is killed on a Racecourse.
DRUG AND ALCOHOL TESTING
656 (1) A Rider who rides or presents himself to ride a horse at a Racecourse, Training Facility or Trainer’s Premises shall thereby be deemed to have consented to a sample of his blood, breath, urine, saliva or sweat (or more than one thereof), being obtained from him by or under the supervision of a Registered Medical Practitioner or by an Authorised Person if and whenever the Rider is required by a Stipendiary Steward or Investigator to permit such a sample to be so obtained.
(2) A Stipendiary Steward or Investigator may require a Rider to supply a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) at a time and place nominated by the Stipendiary Steward or Investigator. If so, such Rider must comply with such a requirement. Any Rider acting in contravention of this Rule shall be reported to FMHRST by the Stipendiary Steward or Investigator dealing with the breach and FMHRST shall consider whether, in addition to any penalty which may be imposed by the Judicial Committee, such person’s License should be cancelled under Rule 322(1) of these Rules.
(3) A Rider who, having been required by a Stipendiary Steward or Investigator to supply a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) in accordance with this Rule must not have blood, breath, urine, saliva or sweat (whichever is the subject of the applicable sample) which is found upon analysis to contain any controlled drug or other illicit substance or diuretic and/or its metabolites, artifacts or isomers.
(4) A Rider who rides or presents himself to ride a horse at a Racecourse, Training Facility or Trainer’s Premises must not have a breath alcohol level greater than 100 micrograms of alcohol per litre of breath.
657 (1) If a Rider has supplied a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) in accordance with Rule 656(2), and such sample or samples is or are found upon analysis to contain any controlled drug or other illicit substance and/or its metabolites, artifacts or isomers, then:
(a) that such person shall be notified in writing of the finding of that analysis as soon as reasonably practicable; and
(b) that person’s License shall be automatically withdrawn from the date of the written notice until the Judicial Committee issues a substantive decision in relation to any information filed against that person in relation to that sample or samples.
(2) If:
(a) no information against that Rider is filed within 21 days of the written notice referred to in Rule 657(1)(a) being served on that person; and
(b) that Rider has subsequently provided a further sample of his blood, breath, urine, saliva or sweat (being the same type or sample as the first sample provided, e.g. urine) and such sample is found upon analysis not to contain a controlled drug or other illicit substance and/or its metabolites, artifacts or isomers,
then that person’s License shall be reinstated.
(3) If, in the opinion of FMHRST, the hearing of an information against a Rider in relation to a sample or samples referred to in sub-Rule (1) above is not held in a timely way as a result of delays or omissions on the part of the informant, then FMHRST may reinstate that person’s Licence on such terms and conditions as FMHRST sees fit.
(4) The above provisions shall take effect notwithstanding anything to the contrary in the provisions of Rule 322.
TRIALS GENERALLY
658 Trials shall be conducted in accordance with the regulations set out at the Third Appendix.
PART VII
SERIOUS RACING OFFENCES, BREACHES AND GENERAL PROVISIONS
SERIOUS RACING OFFENCES
701 (1) A person commits a Serious Racing Offence within the meaning of these Rules who:
(a) corruptly gives or offers, directly or indirectly, any money, present, or other benefit, to a person having official duties in relation to a Race, or to an Owner or lessee (as the case may be), Trainer, Rider, or other person having charge of or access to a horse;
(b) having official duties in relation to a Race, or being the Owner or lessee (as the case may be), Trainer, Rider or other person having charge of or access to a horse, corruptly accepts or offers to accept any money, present or other benefit;
(c) wilfully enters for or starts in, or causes or procures to be entered for or started in, a Race a horse which he or she knows or believes or has reason to believe to be disqualified or not to be qualified to be entered for or to start in such Race, or wilfully enters a horse for a Race unless entitled under these Rules or the conditions of the Race to do so;
(d) fraudulently enters a horse for a Race or disguises or alters the appearance of a horse with intent to conceal its identity or to hold it out to be another horse or is in any way interested in or knowingly connected with any such entry or disguise or alteration;
(f) refuses to supply any information, or to make a written declaration (statutory or otherwise), or statement respecting any matter connected with racing or a horse registered with FMHRST or the ownership thereof which a Tribunal or FMHRST (including a Stipendiary Steward or Investigator) require him to supply or make; or
(g) hinders or obstructs a Tribunal or FMHRST from carrying out or determining an inquiry, investigation, information or proceeding in connection with racing or otherwise under these Rules;
(h) wilfully supplies false or misleading information, or makes a false or misleading declaration or statement, respecting any matter connected with racing or otherwise in connection with these Rules to a Tribunal, FMHRST, or Committee of a Club, a Stipendiary Steward, an Investigator or any other body or tribunal or is knowingly a party to the giving of, false or misleading information or particulars; or
(i) knowingly employs or keeps in his employment a person whose name for the time being appears in the List of Disqualifications, provided that a disqualified person shall not be debarred from obtaining employment unconnected with the training or racing of horses;
(j) wilfully fails to register a financial arrangement, interest, sale, lease or other dealing by these Rules required to be registered;
(k) wilfully fails to perform an act ordered by a Tribunal, FMHRST, Stipendiary Steward or Investigator to be performed by him;
(l) rides in a Race knowing or believing or having reason to believe that he is not qualified and eligible under these Rules to do so;
(m) commits a dishonest or fraudulent act connected with racing;
(n) administers, causes or permits to be administered or who attempts to administer or to cause to be administered or who permits a person to administer or cause to be administered to a horse;
(i) for the purpose of affecting the speed, stamina, courage or conduct , a Prohibited Substance of the type set out in paragraphs 1 to 4 of the Fourth Appendix to these Rules;
(ii) a Prohibited Substance of the type set out in paragraph 6 of the Fourth Appendix to these Rules;
(o) at any time uses or permits or causes to be used or who attempts to use or to cause to be used on or in relation to a horse any:
(i) electrical, mechanical or galvanic device; and/or
(ii) equipment, appliance or apparatus, other than as approved, from time to time, by FMHRST,
for the purpose of affecting either at the time of such use or attempted use or subsequently the speed, stamina, courage or conduct of such horse;
(p) inflicts undue suffering on a horse by any means;
(q) knowing that any person comprising or having a legal or beneficial interest in a Legal Ownership Entity (including a shareholder or director or a person with any other ownership rights in that Legal Ownership Entity, if applicable) is a prohibited person, enters a horse for or starts it in a Race in the name(s) or on behalf of such Legal Ownership Entity in which such prohibited person has an interest;
(r) (unless he is a Registered Medical Practitioner or Emergency Medical Officer correcting an error) wilfully obliterates or removes or alters or tampers or interferes with any entry, note or writing made by that Registered Medical Practitioner or Emergency Medical Officer, as applicable, in any medical record form or other document issued by FMHRST;
(s) either by himself or in conjunction with any other person:
(i) does or permits or suffers to be done any act which a Judicial Committee deems fraudulent, corrupt or detrimental to the interests of racing; or
(ii) at any time writes or causes to be written, publishes or causes to be published, or utters or causes to be uttered, any insulting or abusive words with reference to a Tribunal, FMHRST, Committee of a Club or a member or Official of any such body or a Stipendiary Steward or Investigator, or Registered Medical Practitioner;
(t) commits a breach of any Rule which is or may be deemed to be a Serious Racing Offence by these Rules;
(u) does or omits any act for the purpose of aiding a person to commit a Serious Racing Offence;
(v) abets a person in the commission of a Serious Racing Offence;
(w) counsels, procures or incites a person to commit a Serious Racing Offence;
(x) conceals the commission of a Serious Racing Offence;
(y) attempts to commit a Serious Racing Offence;
(z) being a Licensed Person or Owner or lessee (as the case may be), his Agent or Racing Manager aids or assists or associates with a prohibited person or disqualified person for the purposes of the sale, purchase, care, breeding, training or racing of a horse registered under these Rules;
(aa) either by himself or in conjunction with others or as a member of a society, union or association, publishes, communicates or sends to or causes to be published, communicated or sent to the Tribunal or to a member or officer thereof any statement, comment, or expression of opinion upon any question which is to be judicially decided by such Tribunal with intent corruptly to influence or affect the decision thereof;
(ab) after being summonsed to attend to give evidence before a Tribunal or to produce to a Tribunal any paper, document, record or thing, without sufficient cause:
(i) fails to attend in accordance with the summons;
(ii) refuses to be sworn or to give evidence or, having been sworn, refuses to answer any questions that the person is required by the Tribunal or a member of it to answer concerning the proceeding; or
(iii) fails to produce any such paper, document, record or thing; or
(ac) pays a fine or costs imposed under these Rules on behalf of the person who was ordered to pay that fine or those costs.
(2) A person who commits a Serious Racing Offence shall be liable to:
(a) be disqualified for any specific period or for life; and/or
(b) be suspended from holding or obtaining a License for a period not exceeding 12 months. If a License is renewed during a term of suspension, then the suspension shall continue to apply to the renewed License; and/or
(c) a fine not exceeding $50,000.
(3) The Judicial Committee may in addition to, or substitution of, any penalty imposed under sub-Rule (2) hereof disqualify for any Race and/or for any specific period or for life any horse connected with the Serious Racing Offence.
BREACHES OF THE RULES
702 (1) A person commits a breach of these Rules who:
(a) acts in contravention of or fails to comply with any provision of these Rules or any Regulations made thereunder, or any policy, notice, direction, instruction, guideline, restriction, requirement or condition given, made or imposed under these Rules;
(b) commits a Serious Racing Offence;
(c) is an accessory after the fact to a breach of these Rules;
(d) conspires with a person to commit a breach of these Rules;
(e) attempts to commit, or does or omits to do an act in an attempt to commit, a breach of these Rules;
(f) does or omits to do an act for the purpose of aiding a person or horse to commit a breach of these Rules;
(g) abets any person in the commission of a breach of these Rules; and/or
(h) incites, counsels or procures a person to commit a breach of these Rules.
(2) A horse commits a breach of these Rules which contravenes or does not comply with any provision of these Rules or any Regulations made thereunder or any policy, notice, direction, instruction, restriction, requirement or condition given, made or imposed under these Rules.
(3) A person who, having an intent to commit a breach of these Rules, does or omits to do an act for the purpose of accomplishing his object is guilty of an attempt to commit a breach of these Rules intended, whether in the circumstances it was possible to commit a breach of these Rules or not.
(4) A person is an accessory after the fact to a breach of these Rules who, knowing a person to have been a party to or to have committed a breach of these Rules, receives, comforts or assists that person or tampers with or actively suppresses any evidence against him in order to enable him to avoid prosecution under these Rules.
GENERAL PENALTIES
703 (1) A person who, or body or other entity which, commits or is deemed to have committed a breach of these Rules or any of them for which a penalty is not provided elsewhere in these Rules shall be liable to:
(a) be disqualified for a period not exceeding 12 months; and/or
(b) be suspended from holding or obtaining a Licence for a period not exceeding 12 months. If a Licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or
(c) a fine not exceeding $20,000.
Where a Rule or any part of a Rule provides that the or a horse may be disqualified if a person commits a breach in respect of such Rule or any such part the liability to disqualification of the horse shall not be regarded as a penalty for the person's or body's or other entity's breach of the Rule or of the part.
(2) Where a horse or its Rider commits or is deemed to have committed a breach of these Rules or of any of them and a penalty is not provided elsewhere in these Rules for that breach:
(a) the horse may:
(i) be disqualified or scratched from any Race; and/or
(ii) be disqualified for a period not exceeding 12 months from and after the date of that Race;
(b) a Rider committing the breach, or a person who in the opinion of the Judicial Committee was in charge of the horse at any material time may:
(i) be disqualified for a period not exceeding 12 months; and/or
(ii) be suspended from holding or obtaining a Licence for a period not exceeding 12 months. If a Licence expires and is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or
(iii) be fined a sum not exceeding $20,000, unless the breach is:
(A) a riding breach;
(B) a breach related to drugs, alcohol or a Prohibited Substance,
in which event such person shall be liable to a fine not exceeding $50,000 or the amount of the fee and share of stakes payable to the Rider or Trainer concerned for the relevant Race (whichever is the greater amount) and to a period of disqualification not exceeding five years.
(3) Nothing in the preceding sub-Rules of this Rule shall apply to a Serious Racing Offence.
(4) The Judicial Committee may, in addition to or in substitution of any penalty imposed under this Rule, disqualify for any Race and/or for any period not exceeding 12 months, any horse connected with a breach.
PROHIBITED SUBSTANCE OFFENCES
704 (1) A horse which has been brought to a Racecourse or similar racing facility and which is found by a Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism a Prohibited Substance of the type set out in any part of the Fourth Appendix to these Rules shall be, in addition to any other penalty which may be imposed, disqualified for any Race or trial to which the Third Appendix hereto applies in which it has started on that day.
(2) When a horse which has been brought to a Racecourse or similar racing facility for the purpose of engaging in a Race or trial to which the Third Appendix hereto applies is found by a Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism a Prohibited Substance of the type set out in paragraphs 1 to 4 of the Fourth Appendix to these Rules, the Trainer and any other person who in the opinion of such Tribunal conducting such inquiry was in charge of such horse at any relevant time commits a breach of these Rules unless he satisfies the Tribunal that he had taken all proper precautions to prevent the administration or presence of such Prohibited Substance.
(3) The Trainer and any other person who in the opinion of a Tribunal conducting an inquiry was in charge of a horse, which was or was to be brought to a Racecourse or similar racing facility for the purpose of engaging in any Race or trial to which the Third Appendix hereto applies, commits a breach of these Rules if such Tribunal conducting an inquiry finds that the result of analysis of any test or sample taken from the horse after the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by FMHRST from time to time) on the day on which the horse was to Race or trial discloses a level of article, substance or liquid equal to or greater than such level as is set by FMHRST and published in the Thoroughbred Racing Monthly from time to time.
(4) A person shall not have in his or her possession on a Racecourse or similar racing facility, where a Race Meeting is being conducted or trials to which the Third Appendix hereto applies, a Prohibited Substance, syringe, needle, device or other instrument which could be used to administer a Prohibited Substance to a horse unless that person shall have first obtained the permission of the Stipendiary Steward or Investigator to be in possession or satisfies them that such possession is for his lawful use.
(5) A person, except for a Veterinarian who is an official, shall not, during a day of racing, administer by injection, nasal gastric tube, gastric tube, ventilator or nebulizer to a horse entered in a Race, or trial to which the Third Appendix hereto applies, on that day of racing any substance whatsoever, unless such administration occurred after the horse has raced or under the direction of a Stipendiary Steward or Investigator. For the purposes of this sub-Rule the day of racing is deemed to commence at 12.01 am and to conclude after the last Race.
(6) A Trainer of a horse commits a breach of these Rules if the Tribunal conducting an inquiry finds that the horse has had administered to it or has had present in its metabolism a Prohibited Substance of the type set out in paragraph 6 or the Fourth Appendix to these Rules.
(7) A person who commits a breach of sub-Rule (2) or (3) or (4) or (5) or (6) of this Rule shall be liable to:
(a) be disqualified for a period not exceeding five years; and/or
(b) be suspended from holding or obtaining a Licence for a period not exceeding 12 months. If a Licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or
(c) a fine not exceeding $25,000.
(8) Any horse connected with a breach of sub-Rule (2) or (3) or (4) or (5) or (6) of this Rule shall be, in addition to any other penalty which may be imposed, disqualified from any Race or trial to which the Third Appendix hereto applies and/or be liable to a period of disqualification not exceeding five years.
(9) If a Stipendiary Steward is satisfied following the outcome or analysis of the exercise of any powers in Rules 208(c) that a horse has had administered to it or has had present in its metabolism a Prohibited Substance of the type set out in paragraph 6 of the Fourth Appendix to these Rules, then the Stipendiary Steward may declare the horse ineligible to start in any Race or trial to which the Third Appendix hereto applies for a reasonable period (taking in account the nature of the Prohibited Substance administered or which is or was present), such period to be determined by the Stipendiary Steward following consultation with a Veterinarian.
(10) If a Owner or lessee (as the case may be) or his Agent or the Racing Manager or the Trainer of a horse, which is declared ineligible to start in any Race or Trial to which the Third Appendix applied Race pursuant to Rule 804(9), wishes to appeal against that decision (including the decision to declare the horse ineligible and/or the period of ineligibility), he shall inform the Stipendiary Stewards of the wish and a Stipendiary Steward shall file an information with the Judicial Committee who shall consider the matter de novo.
(11) If, in a proceeding in which any breach of this Rule or of Rule 701(1)(n) is alleged, it is proved that:
(a) a horse has had administered to it an article, substance or liquid; or
(b) before being administered to the horse the article, substance or liquid was contained in a bottle or other container it shall be presumed until the contrary is shown that the article, substance or liquid contained, at the time of administration, as a minimum those ingredients specified in any label which it is proved:
(i) was at the time of administration on the bottle or other container; or
(ii) was at the time of sale usually on the bottle or other container in which that article, substance or liquid was customarily sold.
Nothing in this sub-Rule (11) shall prevent a party to a proceeding calling evidence concerning:
(c) whether an article, substance, liquid or Prohibited Substance was administered to a horse;
(d) the ingredients of an article, substance, liquid or Prohibited Substance so administered; and/or
(e) ingredients additional to or different from those so specified as having been contained in an article, substance, liquid or Prohibited Substance so administered.
(12) The Fourth Appendix to these Rules may be amended by FMHRST's directive made and issued by FMHRST in accordance with Rule 106. Any amendment to the Fourth Appendix must be advertised in the Thoroughbred Racing Monthly before it comes into effect.
GENERAL PROVISIONS
705 Any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany the description of the breach in these Rules, may be proved by the defendant but need not be negated in the information and, whether or not it is so negated, no proof in relation to the matter shall be required on the part of the informant.
706 At a hearing under these Rules a person shall not, without the leave of a Tribunal, adduce evidence that he was not the Owner or lessee (as the case may be), Trainer, Rider or person in charge of the horse unless, before the hearing commenced, he gave written notice to the Registrar for the Judicial Committee and the informant of his intention to raise such a defence and the details of the person who he states is or was at the material time the Owner or lessee (as the case may be), Trainer, Rider or person in charge of the horse (as the case may be). Where a hearing is to take place other than during a Race Meeting the defendant shall give such notice within two days after and exclusive of the date of service of the information.
707 In a proceeding where it is alleged that a person has acted without the required License he shall be deemed to have been unlicensed at the material time unless he produces his License or otherwise proves to the satisfaction of the Judicial Committee that at the material time he was a duly Licensed Person under these Rules.
708 In a proceeding for a breach of these Rules, other than a breach of Rule 701, it shall not be necessary for the informant to prove that the person charged intended to commit that or any breach of these Rules.
709 In a proceeding it shall not be necessary, and a person shall not be called upon, to prove:
(a) that a person is a Stipendiary Steward or Investigator; or
(b) that the information was laid by a Stipendiary Steward or Investigator.
710 A person who, or other body or entity which, is fined or ordered to pay costs under these Rules shall pay that fine or costs to FMHRST within 28 days of the fine or costs being imposed or, in the case of an appeal, within 28 days of a decision of the Appeals Tribunal upholding that fine or costs or imposing any other fine or costs.
711 (1) All bodies and persons affected by the decision of a Tribunal shall forthwith do all that it is necessary for them to do for the purpose of giving full effect to such decision.
(2) A person who or body which wilfully fails forthwith to do all that it is necessary for him or it to do for the purpose of giving full effect to a decision of a Tribunal commits a breach of these Rules and, in addition to being liable to the penalty which may be imposed for that breach under any other Rule shall, unless the Tribunal determines otherwise, be disqualified for life. Such disqualification shall be notified in the List of Disqualifications.
(3) It shall be the duty of all bodies or persons subject to these Rules to investigate and report to FMHRST upon all matters which the Appeals Tribunal indicates in its decision are proper subjects for investigation.
PART VIII
JUDICIAL COMMITTEE
FUNCTIONS AND DUTIES OF JUDICIAL COMMITTEE
801(1) A member of the Judicial Committee shall not sit as a member thereof in the determination of any matter, information or proceeding in which he is in any manner interested.
(2) The Judicial Committee may decide to hold a hearing, or any part of a hearing, in private, otherwise all hearings shall be open to the public.
(3) The Judicial Committee may, subject to the provisions of these Rules, determine the procedure and conduct of any hearing as it thinks fit.
(4) The Judicial Control Authority shall appoint one of the members of a Judicial Committee to act as the Chairperson of that Judicial Committee. In any case where the appointed Chairperson of the Judicial Committee is unable or unwilling to act in relation to a particular matter the Judicial Committee shall appoint another of its members to act as Chairperson in relation to that matter.
(5) Subject to the preceding sub-Rules of this Rule all appointed members of a Judicial Committee shall, if practicable, determine any matter, information or proceeding submitted for the determination of that Committee but one member shall constitute a quorum.
802 (1) The Judicial Committee shall have jurisdiction to hear and determine all proceedings commenced pursuant to these Rules, which are not expressly stated by any of these Rules to be within the jurisdiction of any other person or body.
(2) The functions of a Judicial Committee shall be:
(a) from the commencement of the first proceeding which it commences to deal with on any day of a Race Meeting or one hour prior to the starting time of the first Race of that day until after the conclusion of the last proceeding which it commences to deal with on that day, or thirty minutes after the last Race run on that day (whichever is the later) to:
(i) hear all matters of a judicial nature which arise during and in relation to that day of racing and are submitted to it;
(ii) determine any question as to whether that day of racing or any part thereof should be postponed, abandoned or cancelled;
(iii) declare a Race null and void and if it thinks expedient order that such Race be run again; and
(iv) exercise the powers, duties and functions conferred or imposed on Judicial Committees by these Rules;
(b) to consider and determine the following matters in connection with racing:
(i) all information and proceedings in relation thereto;
(ii) any matter in connection with the riding or running of a horse which has become the subject of a proceeding;
(iii) all questions of application or interpretation of these Rules which arise in the course of the hearing and determination of a proceeding;
(iv) all questions of qualification of persons or horses which so arise;
(v) all questions of liability of persons in respect of payments under these Rules which so arise;
(vi) all matters submitted to it by a Stipendiary Steward or Investigator;
(vii) any dispute concerning the exercise or proposed exercise by a Stipendiary Steward or Investigator of any of his powers, duties or functions under these Rules;
(viii) all matters submitted to it for judicial determination or for a ruling under these Rules;
(ix) whether it should order that the Judge, Starter, Clerk of the Course or any other Official be removed during and for the duration of the Race Meeting or any day thereof and that any person should be appointed in his stead;
(x) whether to declare the entry of any horse to be invalid, the money paid for such entry to be forfeited to the Club and sweepstake (if any) to be forfeited for the Race in which the horse is entered; and
(xi) all other matters which these Rules require or permit to be and are submitted to it;
(c) subject to the powers of the Stipendiary Steward, to determine whether any horse should be scratched for any Race and to order that any horse be so scratched;
(d) in any circumstances in which it deems such action necessary or desirable, to order the removal of any Rider and the substitution of another;
(e) to order that a horse be swabbed or examined or tested or that a sample or samples be taken from it, as part of any investigation being carried out or hearing being conducted by the Judicial Committee, and in the event of such order being made neither the Judicial Committee nor a person carrying out its order shall be liable to the Owner or lessee (as the case may be) of or any other person having any or a beneficial interest in the horse or in a Legal Ownership Entity, which is the Owner of that horse for any loss suffered as a result of or in connection with such order or the carrying out thereof;
(f) to hold an inquiry into any alleged failure to comply with the provisions of Rule 636 notwithstanding that such inquiry involves consideration of the running or riding of a horse both in the particular Race to which the alleged failure relates and in some other Race or Races at a Race Meeting or Race Meetings at which that Judicial Committee did not necessarily officiate; and
(g) to require a Rider to permit a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) to be obtained from him by or under the supervision of a Registered Medical Practitioner or an Authorised Person at such time and place nominated by a Stipendiary Steward or Investigator.
(3) A Judicial Committee shall, in addition to having all the powers which are conferred on it by any of these Rules, have all such powers as are necessary to enable it to discharge the functions set out in sub-Rules (1) and (2) of this Rule.
INFORMATIONS
803 (1) All proceedings shall be commenced by way of filing an information either:
(a) with the Registrar for the Judicial Committee, where the information is filed during a Race Meeting; or
(b) with a person appointed by the Judicial Control Authority to receive an information, where the information is filed other than during a Race Meeting.
(2) (a) During a Race Meeting an information may be filed only by:
(i) a Stipendiary Steward or Investigator;
(ii) the Rider, Owner or lessee (as the case may be), or the Owner or lessee's Agent or the Racing Manager, Trainer or the person in charge of the horse, against another horse or Rider in that Race; or
(iii) a person with the leave of the Judicial Committee.
(b) An information which seeks or may result in any change to the Judge's placings specified in the Judge's Report on account of interference with the chances of another horse or horses placed by the Judge or any ground referred to in Rule 807(2) shall not be filed later than the time at which the last Rider weighs in unless the Official Result of Placings has not been declared and an extension of time in which to file an information is granted by a Stipendiary Steward.
(c) After the time specified in paragraph (b) hereof an information shall not be filed against any person, or any horse which started in a Race, except by a Stipendiary Steward or Investigator.
(d) Otherwise than during a Race Meeting an information may be filed only by a Stipendiary Steward or Investigator, after receiving the written permission of the Chief Executive to do so.
(e) Nothing in paragraph (b) of this sub-Rule shall prevent a Stipendiary Steward or Investigator filing an information at any time later than the time specified in Rule 807(2) and seeking the disqualification of a horse from a Race or Races but such information, or proceeding resulting from the filing of such information, shall not have any effect on the Official Result of Placings declared.
(3) An information may contain one or more alleged breach of these Rules against one or more persons or horses.
(4) Subject to sub-Rule (2)(b) hereof, an information shall be filed within three years after the facts alleged in the information were brought to the knowledge of a Stipendiary Steward or Investigator.
(5) Nothing in these Rules shall prevent:
(a) a Stipendiary Steward or Investigator at any time after a Race filing an information that a horse should be disqualified on account of or in connection with a Prohibited Substance having been administered to it, or its having been ineligible to be entered for or started in a Race or on any other ground on which, under these Rules, a horse can be disqualified for a Race after starting in a Race; or
(b) a Judicial Committee from disqualifying such horse if the information is proved and making such resultant orders as it considers required, and as are permitted by these Rules (including orders disqualifying the horse and ordering that any money, prize or trophy already handed over be refunded), but such disqualification or order, if ordered or made after the Official Result of Placings has been declared, shall not in any way affect that Official Result of Placings.
804 (1) An information in respect of a Race may be filed on any of the following grounds:
(a) that the Race was run over the wrong distance; and/or
(b) that the Race was started before the appointed time.
(2) The Judicial Committee on determining the proceeding may declare the Race to be void and may direct that it be run again.
(3) Any decision of the Judicial Committee pursuant to this Rule is final.
805 (1) An information or any breach of these Rules alleged in an information may, by leave of the Judicial Committee, be withdrawn by the informant before determination of the information by the Judicial Committee, or, where the defendant has admitted the charge, before penalty has been imposed.
(2) The withdrawal of an information, or the dismissal of an information for want of prosecution, shall not operate as a bar to any other proceedings in the same matter and any subsequent information concerning such proceedings shall not be barred by Rule 803(4) provided that the original information complied with Rule 803(4).
806 If an information relating to the eligibility of a horse entered for a Race is filed on the day on which the Race is to be run, the Judicial Committee may require proof that such horse is qualified for the Race to be furnished before its Rider is weighed out and may, if such proof is not furnished to its satisfaction, disqualify the horse for the Race and direct the Clerk of the Scales to refuse to weigh out any Rider for it.
807 (1) Save in the case of fraud, an information against a horse on the ground of misdescription or of any error or omission in any entry shall not be filed or received after a Race has been run.
(2) An information against a horse on the ground of:
(a) a cross or jostle or other act on the part of its Rider during the Race;
(b) its not having run the proper course;
(c) the Race having been started in front of the starting post, or before the time appointed for the start, or run on a wrong course; or
(d) any other act or thing occurring during the running of the Race or after the horses placed by the Judge have passed the post, shall, subject to Rule 703(2)(b), be filed before the Official Result of Placings has been declared.
808 If any information against a horse in a Race is duly filed any money or other prize to which the horse would otherwise have been entitled shall, if not already paid or handed over, be withheld until such information has been determined or, by leave of the Judicial Committee, withdrawn.
809 (1) Where, before an information is duly filed, any money or other prize has been paid over the Club or FMHRST on behalf of the Club, as applicable, shall not be responsible for such payment to any other person found to be entitled to such money or other prize unless it recovers the amount from a person who has been directed to refund the same, whose name in the case of failure to pay shall be placed in the Arrears List.
(2) Where any money or other prize has been paid or handed over in respect of a horse and subsequently it is determined that the horse was ineligible to be entered for or started in the Race concerned or that it be disqualified for such Race, the Tribunal making such determination as aforesaid, whether or not it imposes any penalty authorised by these Rules, may direct:
(a) that the gross stake credited to the horse or any other sum credited to the horse or paid to its Owner or lessee (as the case may be) or the Racing Manager on the Owner or lessee's behalf and any goods and services tax paid by FMHRST on behalf of the Club to the Owner or lessee (as the case may be) or the Racing Manager in respect of such stake or other prize be paid by the Owner or lessee (as the case may be) or the Racing Manager to FMHRST to be held and disposed of as FMHRST shall direct; and/or
(b) that such prize so handed over or the money equivalent to the value thereof at the time of such handing over be returned or paid to the Club or FMHRST on its behalf, as the case may be;
and in the event of the Owner or lessee, as the case may be, (or its Racing Manager on its behalf) failing to carry out any such direction as aforesaid he shall, in addition to any other penalty which may be imposed, be deemed to be in Arrears and his name shall be placed in the Arrears List.
(3) A direction made by FMHRST pursuant to this Rule shall be published by FMHRST.
NOTICE OF HEARING
810 (1) Subject to sub-Rule (2) hereof a defendant shall be served with a copy of the information and shall be advised by the Registrar of the date, time and place of hearing.
(2) Where the hearing of an information is to take place during a Race Meeting, and the decision of the Judicial Committee may affect the placings of a horse, the following shall apply:
(a) where in respect of any proceedings the defendant is not present, he shall be deemed to have been served when service of the information and advice of the date, time and place of hearing is effected upon the person in apparent control of a horse named in the information; and
(b) the defendant or person upon whom service may be effected shall be deemed to have been served with a copy of the information and advised of the date, time and place of hearing, if advice that there is to be a hearing and of the horse or horses involved is given over the public address system at the Racecourse.
SERVICE OF INFORMATIONS
811 (1) An information or other document which is required to be served on a person pursuant to these Rules may be served on him in any of the following ways:
(a) by being delivered to him personally or being brought to his notice if he refuses to accept it;
(b) being left for him at his place of residence with a person appearing to reside there and appearing to be of or over the age of 14 years;
(c) by being sent to him by letter addressed to him at his last known or usual place of residence or at his place of business;
(d) by being sent to him by facsimile at his known facsimile number or the facsimile number at his place of business;
(e) by being sent to him by email at his known email address;
(f) by being served on his training partner by any of the above methods, if he is part of a Training Partnership; or
(g) by compliance with Rule 810(2).
(2) Where service is effected in accordance with Rule 811(1)(c) above, then, unless the contrary is proved, service shall be deemed to have been effected on the person:
(a) in the case of personal delivery to the person or a person of the type set out in Rule 811(1)(b) or (d), when received by that person;
(b) in the case of posting by mail, on the second working day following the date of posting to the addressee's last known address in Mongolia;
(c) in the case of facsimile transmission, when sent to the addressee's facsimile number; and
(d) in the case of email, when acknowledged by the addressee by return email or otherwise in writing.
812 (1) All informations filed during any day of a Race Meeting shall be determined by the Judicial Committee appointed to officiate on that day by the Judicial Control Authority, except where the hearing of the information is adjourned, in which case the hearing and the determination shall be by either that Judicial Committee or such other Judicial Committee as is appointed by the Judicial Control Authority.
(2) All informations filed other than during a day of racing shall be determined by a Judicial Committee appointed by the Judicial Control Authority.
RULINGS
813 (1) The following persons may file an information to which there is no defendant but which seeks a ruling from the Judicial Committee on a matter referred to in the information:
(a) a Stipendiary Steward;
(b) an Investigator; or
(c) any person with the leave of the Judicial Committee. Such person shall unless exempted by the Judicial Committee prior to filing an information lodge with the Judicial Committee a filing fee the amount of which shall be set from time to time by FMHRST, provided that the Judicial Committee may accept in lieu of such fee a written undertaking by the informant to pay such fee within seven days.
(2) Any such information shall be served on such persons, bodies, Clubs or other entities (if any) as the Judicial Committee or the Chairperson thereof directs.
(3) In dealing with any such information the Judicial Committee shall adopt such procedure as it thinks fit.
DECISIONS OF THE JUDICIAL COMMITTEE
814 (1) The Judicial Committee, having heard what the informant and any other party entitled to be heard has to say and the evidence adduced may find any breach alleged in the information proved or dismiss the information, either on the merits or without prejudice to its again being laid, or make such other order as it thinks fit.
(2) On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule; and/or
(d) the need to maintain integrity and public confidence in racing.
(3) The Judicial Committee may order that all or any of the costs and expenses of:
(a) any party to the hearing;
(b) any other person granted permission to be heard at the hearing by direction of the Judicial Committee;
(c) FMHRST and/or any employee or officer thereof,
(d) the Judicial Control Authority and the Judicial Committee,
be paid by such person or body as it thinks fit. Such amount if unpaid for 28 days shall be deemed Arrears and may be placed on the Arrears List. The Judicial Committee may in addition to or substitution of any other order or penalty, order that a Rider's riding fee or any part thereof be paid to the Rider or such other person as it thinks fit or be repaid to the Owner or lessee (as the case may be).
(4) The decision of the Judicial Committee shall:
(a) be committed to writing and signed by the Chairperson;
(b) state the specific Rule or Rules under which any person or horse is penalised; and
(c) if it involves any penalty, be communicated to each person penalised and FMHRST as soon as practicable and published by the Judicial Control Authority on its website, unless the Chairperson of the Judicial Committee otherwise directs.
(5) The Judicial Committee may, if it thinks fit, reserve its decision and in that case may give it at any adjourned or subsequent sitting of the Judicial Committee or may draw up its decision in writing and have it signed by the Chairperson. Nothing in this Rule shall authorize an adjournment in breach of Rule 815(2).
(6) The written decision shall be delivered in such manner as the Chairperson directs or, failing any such direction, as he thinks fit.
(7) When a Judicial Committee disqualifies a horse which started in a Race and was placed by the Judge in a stake bearing place in the Judge's Report, or places such a horse after a horse or horses with the chances of which the first-mentioned horse interfered, it shall amend the placings of that horse and those which finished behind it and, if the stakes have not already been paid or handed over, direct that they be paid or handed over in accordance with the amended placings. If the stakes have already been paid or handed over before a horse is disqualified the position shall be governed by Rule 809 of these Rules.
(8) Subject to Rule 703, where the Official Result of Placings has not been declared for a Race and when on the determination of an information the Judicial Committee amends the placing of any horse in a stake-bearing place, the Judicial Committee shall order the Stipendiary Steward to counter-sign the Judge's Report and declare the Official Result of Placings in accord with its decision.
(9) Where any person has pursuant to Rule 818 lodged a filing fee the Judicial Committee may order that such fee be returned or refunded to such person. Where the Judicial Committee refuses or fails to make such order, the filing fee lodged shall forfeit to FMHRST.
815 (1) Subject to any right of appeal pursuant to these Rules the decision of the Judicial Committee shall bind all bodies and persons.
(2) Every body which and person who is affected by such decision shall forthwith do all that it is necessary for it or him to do for the purpose of giving full effect to such decision.
(3) A person who or body which wilfully fails forthwith to do all that it is necessary for him or it to do for the purpose of giving full effect to a decision of a Tribunal commits a breach of these Rules and, in addition to being liable to the penalty which may be imposed for that breach under any other Rule shall, unless the Tribunal determines otherwise, be disqualified for life. Such disqualification shall be notified in the List of Disqualifications.
(4) It shall be the duty of all bodies or persons subject to these Rules to investigate and report to the Board upon all matters which a Judicial Committee indicates in its decision are proper subjects for investigation by any such body or person.
(5) Any stakes already paid or prize awarded in respect of a disqualified horse shall if directed by the Judicial Committee be repaid to FMHRST, on behalf of the Club, or returned to the Club (as applicable) immediately. Where any stake has been paid or handed over, FMHRST, on behalf of the Club, shall not be responsible for the payment thereof and/or the handing over of any stake or prize to the person ultimately found to be entitled thereto unless it recovers the stake or prize from the person to whom the same was paid and/or handed over.
(6) A person who fails to repay and/or return the stake shall be placed on the Arrears List for the amount unpaid and/or the value of any prize not returned. FMHRST, on behalf of a Club, may commence and continue in any Court of competent jurisdiction an action for the return of the stake which has been paid or handed over to any person who is, as a result of a decision of the Judicial Committee, not entitled thereto.
PART IX
APPEALS TRIBUNAL AND APPEALS
APPEALS
901 (1) An appeal may lie against any decision of the Judicial Committee except:
(a) any decision made by a Judicial Committee during the currency of a Race day or Race Meeting that a horse should or should not be disqualified or placed after another horse on account of something which happened during the running of a Race and any findings relating thereto;
(b) any decision made by the Judicial Committee to which Rule 642 of these Rules apply; or
(c) any decision of the Judicial Committee with respect to any matter of fact in connection with weighing, a start in front of the post or on the wrong course, or before the appointed time, or in connection with the running of a Race over the wrong distance.
(2) Nothing in this Rule shall prevent an appeal being brought against a decision of a Judicial Committee:
(a) disqualifying or refusing to disqualify any horse on account of or in connection with a Prohibited Substance having allegedly been administered to that horse; or
(b) a horse allegedly having been ineligible to be entered for or started in the Race concerned; or
(c) ordering that any money or other prize or trophy which has been paid or handed over in respect of a horse, which was placed in the Official Result of Placings for a Race, or was placed as a result of an amendment to the placings in accordance with these Rules following the declaration of the Official Result of Placings, and which was subsequently disqualified should be paid or returned.
(3) Subject to sub-Rule (1) hereof:
(a) Where on the determination of an information by the Judicial Committee, the Judicial Committee in its decision:
(i) finds, or does not find, a breach of these Rules proved;
(ii) makes an order or declines to make an order; or
(iii) imposes any penalty or declines to impose any penalty,
the informant or the defendant may appeal to the Appeals Tribunal against the decision, finding, order or penalty of the Judicial Committee.
(b) The appeal may be against:
(i) the findings of the Judicial Committee;
(ii) if applicable, the order for or the penalty ordered, or both; and/or
(iii) if applicable, the order or the amount of the costs ordered to be paid, or both.
(c) An appeal against a finding shall not be lodged until the Judicial Committee's decision in respect of penalty has been given.
TIME FOR FILING APPEAL
902 (1) A person who or body which wishes to appeal against a decision of a Judicial Committee in respect of any matter which arose on the day of the relevant Race Meeting (whether or not it was finally concluded on that day) must, not later than 4.00 pm on the third working day after and exclusive of the date on which the decision of the Judicial Committee was given in writing, file with the Appeals Tribunal a notice of appeal in the appropriate form determined by FMHRST and a filing fee the amount of which shall be set, from time to time, by FMHRST. The notice and the filing fee must both reach the Appeals Tribunal by that time.
(2) A person or body wishing to appeal against any other decision in respect of which an appeal may be brought under these Rules must, by 4.00 pm on the fourteenth day after and exclusive of the day on which the decision was given in writing, file with the Appeals Tribunal a notice of appeal in the appropriate form determined by FMHRST and a filing fee the amount of which shall be set, from time to time, by FMHRST. The notice and the filing fee must both reach the Appeals Tribunal by that time.
(3) Where the appellant is a Stipendiary Steward or an Investigator the filing fee shall not be required to be paid.
(4) The notice of appeal shall be signed by the appellant or his Agent and shall set out in full the grounds of the appeal and only a ground so set out shall be argued at the hearing of the appeal except by special leave of the Appeals Tribunal granted on such terms and conditions as it thinks fit.
(5) Where an appeal is to be heard expeditiously any time limits, conditions or requirements in these Rules relating to appeals, may be waived, abridged or amended by order of the Appeals Tribunal or its Chairperson.
TRANSMISSION OF NOTICE OF APPEAL TO JUDICIAL COMMITTEE
903 (1) Where an appeal is against a decision of the Judicial Committee, the Appeals Tribunal shall as soon as possible send a copy of the notice of appeal to every respondent, FMHRST and the Judicial Committee and any other person to whom the Chairperson of the Appeals Tribunal directs a copy to be sent.
(2) The Judicial Committee shall send to the Appeals Tribunal:
(a) the information;
(b) a transcribed record of the hearing;
(c) any tapes on which the hearing was recorded;
(d) any articles, documents, films or other items which were produced to the Judicial Committee at the hearing;
(e) a copy or transcript of the decision of the Judicial Committee; and
(f) any other documents, exhibits or items relating to the hearing which remain in its custody.
SETTING DOWN APPEAL FOR HEARING
904 (1) As soon as possible after the Appeals Tribunal has received the documents referred to in sub-Rule (2) of Rule 1003 the Chairperson of the Appeals Tribunal shall determine a date and place for the hearing of the appeal.
(2) He shall thereafter notify the parties to the appeal, and any other person who or body which was sent by him a copy of the notice of appeal, of the date, time and place appointed for the hearing.
(3) The Appeals Tribunal shall also give notice of the date, time and place fixed for the hearing of the appeal to such other bodies and/or persons as the Chairperson of the Appeals Tribunal directs.
(4) A body which or persons who has an interest in the subject matter of the appeal, may be added to the appeal either as a party or in some other capacity, at the discretion of the Appeals Tribunal.
PROCEDURE ON APPEAL
905 (1) The Appeals Tribunal may conduct the hearing of the appeal in such manner as it thinks fit and may adjourn the hearing from time to time on such terms and conditions as it thinks fit.
(2) The Appeals Tribunal may decide to hold an appeal, or any part of an appeal, in private.
(3) All appeals shall, except when and to the extent that the Appeals Tribunal otherwise directs, be by way of rehearing based on the evidence adduced at the hearing conducted by the persons or body whose decision is appealed against.
(4) The Appeals Tribunal shall have the same jurisdiction and authority as the Judicial Committee or other persons or body appealed from, including powers as to amendment, and shall have power to receive such further evidence, if any, as it thinks fit. Except by special leave of the Appeals Tribunal an appellant shall not argue or be permitted to argue any ground of appeal not set out in the notice of appeal.
(5) If the appellant fails to appear at the time fixed for hearing of the appeal the Appeals Tribunal may dismiss the appeal or proceed with the hearing or adjourn it to such time and place and on such conditions (if any) as it thinks fit.
(6) At the hearing of the appeal each party and any other person or body permitted by the Chairperson of the Appeals Tribunal to be heard at the hearing shall be entitled to have representation by Counsel or a lay advocate.
(7) Subject to sub-Rule (8) of this Rule, all appointed members of an Appeals Tribunal shall, if practicable, determine any appeal or matter submitted to that Tribunal, but any two members shall constitute a quorum.
(8) A member of an Appeals Tribunal shall not sit as a member thereof in the hearing and determination of any appeal in which the member is in any manner interested.
906 (1) An appellant may withdraw his appeal with leave of the Appeals Tribunal and on such terms, including as to payment of costs and expenses, as it sees fit to impose.
(2) Any amount ordered by the Appeals Tribunal to be paid in respect of the costs and expenses in connection with an appeal which is withdrawn shall, if unpaid within 14 days after and exclusive of the date on which that amount was ordered to be paid, be deemed to be Arrears and may be placed in the Arrears List.
POWERS OF APPEALS TRIBUNAL ON APPEAL
907 (1) In its decision the Appeals Tribunal may:
(a) uphold the finding, order or decision appealed against and dismiss the appeal;
(b) set aside the finding, order or decision appealed against;
(c) amend the finding, order or decision appealed against (within the limits imposed by these Rules);
(d) quash the penalty imposed and either impose any penalty (whether more or less severe) which the Tribunal whose decision is appealed against could have imposed pursuant to the finding, order or decision as so amended or deal with the appellant in any other way in which the Tribunal whose decision is appealed from could have dealt with the appellant on the finding, order or decision as so amended;
(e) impose a penalty if the Tribunal whose decision was appealed against has not imposed a penalty; or
(f) refer any matter back to the original Tribunal for further hearing or consideration or for rehearing.
(2) In the case of an appeal against penalty the Appeals Tribunal may:
(a) confirm the penalty and dismiss the appeal;
(b) if the penalty (either in whole or in part) is one which the Tribunal imposing it had no jurisdiction to impose, or is one which is inadequate or inappropriate or manifestly excessive, either:
(i) quash the penalty and impose such other penalty permitted by these Rules (whether more or less severe) in substitution therefore as the Appeals Tribunal considers ought to have been imposed or deal with the appellant in any other way that such Tribunal could have dealt with him or it on finding the information or charge proved;
(ii) quash any invalid part of the penalty that is separable from the residue; or
(iii) vary, within the limits imposed by these Rules, the penalty or any part of it or any condition imposed in it;
(c) in any case of an appeal against the amount of any sum ordered to be paid, confirm the amount or increase or reduce it within the limits imposed by these Rules;
(d) exercise any power that the Tribunal whose decision is appealed against might have exercised;
(e) where a penalty was not imposed, impose such penalty as is permitted by these Rules; and/or
(f) refer any matter back to the original Tribunal for further hearing or consideration or for rehearing.
(3) The Appeals Tribunal may order that all or any of the costs and expenses of any party to the appeal, any other person granted permission to be heard at the hearing by direction of the Chairperson of the Appeals Tribunal, FMHRST and/or any employee or officer thereof, the Judicial Control Authority and the Appeals Tribunal be paid by such person or body as it thinks fit. Such amount if unpaid within 14 days after and exclusive of the date on which that amount was ordered to be paid, shall be deemed Arrears and may be placed on the Arrears List. The Appeals Tribunal may in addition to or substitution of any other order or penalty, order that a Rider's riding fee or any part thereof be paid to the Rider or such other person as it thinks fit or be repaid to the Owner.
(4) The Appeals Tribunal may, if it thinks fit, reserve its decision and in that case may give it at any adjourned or subsequent sitting of the Appeals Tribunal or may draw up its decision in writing and have it signed by the Chairperson.
(5) A decision of the Appeals Tribunal (whether reserved or not) shall be committed to writing and signed by the Chairperson.
(6) The Appeals Tribunal shall give notice of the written decision to the parties to the appeal, any other body or person whom the Chairperson of the Appeals Tribunal had directed was to be given notice of the hearing of the appeal, any other person or body whom the Chairperson had directed was permitted to be heard at the hearing of the appeal, FMHRST and the Judicial Control Authority.
(7) A decision of an Appeals Tribunal shall be notified in the Thoroughbred Racing Monthly.
908 If a decision of a Judicial Committee is held by an Appeals Tribunal to be invalid or void on the ground that one or more of the Judicial Committee's members ought not to have sat as a member thereof in the determination of a matter in which he was in some manner interested, the Appeals Tribunal shall also decide whether the matter in question shall be heard and determined by the remaining members of that Judicial Committee or by those members plus a newly appointed member who shall sit in the place of the member who ought not to have sat or by a newly appointed Judicial Committee.
909 The Appeals Tribunal may permit any party to the appeal to be out of the hearing during the whole or any part of the hearing on such terms as it thinks fit.
910 (1) An information, penalty, decision, order, document, process or proceeding shall not be quashed, set aside or held invalid by an Appeals Tribunal by reason only of any defect, irregularity, omission or want of form unless the Appeals Tribunal is satisfied that there has been a miscarriage of justice.
(2) The decision of the Appeals Tribunal shall be final, shall bind all bodies and persons and shall not be subject to any appeal under these Rules.
911 The filing fee deposited with the notice of appeal shall be disposed of in such manner as the Appeals Tribunal may direct and in the absence of any direction shall be forfeited to FMHRST.
912 Subject to the provisions of these Rules the Appeals Tribunal may determine its procedure as it thinks fit.
913 Where a decision imposing a term of disqualification or suspension is stayed pending determination of an appeal and that appeal is subsequently dismissed or with leave of the Appeals Tribunal is withdrawn then, in exercising its powers under Rule 907, the Appeals Tribunal shall impose a term of disqualification or suspension commensurate with that originally imposed or so much of it as has not been served and if, in the opinion of the Appeals Tribunal the appeal is frivolous and/or was lodged for the principal purpose of delaying the commencement of a term of disqualification or suspension, the Appeals Tribunal may increase the term of disqualification or suspension or impose a fine not exceeding $5,000 in addition to the disqualification or suspension.
914 (1) The Appeals Tribunal, of its own motion or on the application of any party to any appeal, shall have the power to require (by way of summons signed by the Chairperson or other member thereof) any person to appear before it to answer any question put to that person and to produce to it any papers, documents, records or things referred to in such summons.
(2) A person bound by these Rules commits a Serious Racing Offence who after being summonsed to attend to give evidence before an Appeals Tribunal or to produce to an Appeals Tribunal any papers, documents, records or things, without sufficient cause (the onus of proving which shall be on him):
(a) fails to attend in accordance with the summons;
(b) refuses to be sworn or to give evidence or, having been sworn, refuses to answer any questions that the person is lawfully required by the Judicial Committee or any member of it to answer concerning the proceeding; or
(c) fails to produce any such paper, document, record or thing.
(3) A party to an appeal shall be entitled to be present at the hearing of the appeal unless he so unreasonably interrupts the hearing as to render its continuance in his presence impractical or absents himself without leave of the Appeals Tribunal or the Appeals Tribunal believes there is good reason to continue the proceeding in his absence in which case the hearing may continue in his absence.
915 (1) Notwithstanding anything to the contrary in these Rules expressed or implied, but subject to sub-Rule (2) of this Rule, a person who has been disqualified for at least 12 months, or who owns a horse which has been disqualified other than for a Race, may apply in writing to the Appeals Tribunal for a cancellation of the remainder of the disqualification, provided that such application may not be filed in respect of the disqualification:
(a) of such person prior to the expiry of the 12 month period commencing on the date such disqualification was imposed, or in the event such disqualification was for life the expiry of the five year period commencing on such date; or
(b) of such horse prior to the expiry of the three month period commencing on the date such disqualification was imposed.
(2) If an application made pursuant to sub-Rule (1) of this Rule is dismissed the applicant may not make any further application until at least 12 months have elapsed since the date on which the first-mentioned application was dismissed.
(3) The Appeals Tribunal or its Chairperson may direct that any application under sub-Rule (1) of this Rule should be served on such body or person as it or he shall specify and every such body or person on which a copy of the application is served shall be entitled to appear and be heard on the hearing of the application.
(4) The Appeals Tribunal may order that all or any of the costs and expenses of any party to an application under sub-Rule (1) of this Rule, any person or body on whom the application was directed by the Appeals Tribunal or its Chairperson to be served, FMHRST or any Official or employee thereof, the Judicial Control Authority and the Appeals Tribunal be paid by the applicant and within 14 days after and exclusive of the date on which that amount was ordered to be paid, may fix an amount by way of such costs and expenses. Such amount if unpaid shall be deemed Arrears and may be placed on the Arrears List.
PART X
DISQUALIFICATIONS AND SUSPENSIONS
DISQUALIFICATIONS
1001 (1) Each disqualification imposed under these Rules will take effect immediately, unless the Tribunal imposing the disqualification specifies a later date on which the disqualification will take effect.
(2) For the avoidance of doubt, from the date such disqualification takes effect until such time as a person's and/or a horse's name appears in the List of Disqualifications that person and/or horse shall be subject to the same disabilities affecting persons and horses whose names then currently appear in the List of Disqualifications.
1002 If a horse placed by a Judge in a Race is disqualified pursuant to these Rules after running that Race, then for the purposes of placings it shall be regarded as if it did not start the Race and the placings will be altered accordingly.
1003 (1) A List of Disqualifications, which shall have effect throughout Mongolia, shall be kept and, from time to time, may be published by FMHRST. It shall include details of each disqualification notified to FMHRST by a Tribunal.
(2) Where a person is disqualified pursuant to these Rules, the List of Disqualifications shall include the names of:
(a) all horses of which such person was the Owner or had a leasehold interest on the date such disqualification takes effect or such other date specified by the Tribunal, which may be either the day when the breach of these Rules was committed for which such person was disqualified or any date later than that day;
(b) all horses of which such disqualified person has become the Owner or in which he has acquired any interest (including a leasehold interest) since the date so named; and
(c) all horses in which such disqualified person acquires any interest during the term of his disqualification or which at any time during that term are under his management, care, control or superintendence.
(3) The entry of a horse's name in the List of Disqualifications shall operate as a disqualification of such horse for the term of such person's Disqualification and any horse which could be so named on the List of Disqualifications shall be deemed to have been named and disqualified on the same basis.
1004 (1) A person who is disqualified, or whose name appears in the list of disqualifications of Another Racing Authority shall not during the period of that disqualification:
(a) enter or run any horse for any Race, either in his own name or in that of any other person and every entry theretofore made by him or of a horse in which he has any interest for a Race to be run shall be void as from the date of disqualification;
(b) train any horse or ride any horse in a Race or be employed in any capacity in connection with the training or racing of horses; and/or
(c) enter or go upon any Racecourse or any Training Facility or other place owned or controlled by any Club or by any consortium or other entity of which a Club is a member or in which it is a participant.
(2) A horse named in the List of Disqualifications shall, during the period of its disqualification, be prohibited from being entered for or being started in any Race and from being taken for any purpose to a Racecourse or into any other place controlled by a Club or any consortium or other entity of which a Club is a member or in which it is a participant.
(3) A person who contravenes this Rule shall, in addition to any other penalty which may be imposed under any of these Rules, be disqualified for an additional period of not less than six months to commence at the end of the period of the current disqualification. For every second or subsequent breach he shall, in addition to any other such penalty, be disqualified for a period of not less than 12 months to commence at the expiry of the immediately previous period of disqualification.
1005 An entry may only be removed from the List of Disqualifications:
(a) by FMHRST where FMHRST approved or imposed the disqualification in accordance with these Rules; or
(b) on the direction of a Tribunal who approved or imposed the disqualification.
SUSPENSIONS
1006 (1) During the term of any suspension and irrespective of whether such suspension has been duly notified in accordance with any of the preceding Rules the person who is suspended shall not:
(a) if the person holds a Trainer's License, train a horse or, without the prior written consent of FMHRST, be employed or work or assist in any capacity in connection with the care, control, training or riding of a horse; and/or
(b) if the person holds a Rider's License, ride any horse in any Race or enter the jockey's room or weighing room on any Racecourse on any Race day. Provided however that where the person so suspended was the holder at the time of his suspension of both a Trainer's License and a Rider's License and the suspension relates to the Rider's License only, then such person may train any horse and, with the prior consent of the Judicial Committee for a particular Race Meeting (which may be revoked at any time) and for the purposes only of carrying out his work as a Trainer, may enter the weighing room on the relevant Racecourse on any day of such Race Meeting.
(2) Each suspension of a Rider or Rider's License which is imposed under these Rules by the Judicial Committee during any day of a Race Meeting shall take effect as follows:
(a) if, at the time the suspension is imposed, the Rider has no engagements to ride a horse in a Race during the next seven day period after that Race day, from the completion of that Rider's engagements on that Race day; or
(b) if, at the time the suspension is imposed, the Rider is engaged to ride a horse or horses in a Race(s) during the next seven day period after that Race day, then from the earlier of:
(i) the completion of such engagements within that seven day period; or
(ii) the completion of that seven day period.
(3) Each suspension of a Rider or Rider's License which is imposed under these Rules by a Judicial Committee otherwise than during any day of a Race Meeting shall take effect as follows:
(a) if, at the time the suspension is imposed, the Rider has no engagements to ride a horse in a Race during the next seven day period after that day, from the day the suspension is imposed; or
(b) if, at the time the suspension is imposed, the Rider is engaged to ride a horse or horses in a Race(s) during the next seven day period after that day, then from the earlier of:
(i) the completion of such engagements within that seven day period; or
(ii) the completion of that seven day period.
(4) Each suspension of a Trainer or a Trainer's License shall, unless the Tribunal imposing the suspension otherwise directs, take effect immediately.
1007 A person who is suspended by Another Racing Authority or who appears in the list of suspensions of Another Racing Authority shall be deemed to be suspended in Mongolia and Rule 1006 shall apply with all necessary modifications.
STAY OF DECISION
1008 The filing of a Notice of Appeal shall not operate as a stay of the decision or of any disqualification or suspension appealed against unless, on a written application made to it, the Appeals Tribunal or its Chairperson otherwise directs.