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Requisition for examination by a referee.
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25.—(1) Where the Minister—
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(a) refuses an application for a licence or permit under this
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Act or for the renewal of a licence granted under this Act, or
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(b) refuses to transfer a licence or permit granted under this Act or to grant a new licence or permit in lieu of such transfer, or
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(c) revokes or suspends a licence granted under this Act, or
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(d) serves under this Act a notice requiring that a stallion be castrated,
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the owner or any person keeping or having possession of the stallion to which the application, licence, permit, or notice relates shall be entitled on application in the prescribed manner, and within the prescribed time, and on payment of the prescribed fee not exceeding five guineas, to have such stallion inspected and examined by a referee.
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(2) Upon receipt of an application under the foregoing sub-section of this section together with the prescribed fee thereon, the Minister shall cause the stallion to which such application relates to be inspected and examined by a referee or referees nominated by the Minister from the panel of referees, and such referee or referees shall make a report or reports in writing to the Minister of the result of the inspection and examination of such stallion.
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(3) The Minister shall thereupon consider the said report or reports and shall, as in his absolute discretion he may think proper, either confirm, with or without modification, reverse, or cancel the refusal, revocation, suspension or notice aforesaid.
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(4) Where an application for the inspection and examination of a stallion is made under this section on account of a refusal to grant or to transfer a licence or permit or to grant a new licence or permit in lieu of such transfer or to renew a licence, no offence under this Act shall be deemed to be committed by the keeping or having possession of the stallion to which such application relates pending the decision of the Minister on the report or reports of the referee or referees.
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(5) Where an application for the inspection and examination of a stallion is made under this section on account of the revocation or suspension of a licence or the service of a notice, such revocation, suspension, or notice shall be deemed to be withdrawn pending the decision of the Minister on the report or reports of the referee or referees and if such revocation, suspension, or notice is confirmed, with or without modification, by the Minister under this section, the revocation or suspension as so confirmed shall take effect as on and from the date of such confirmation or the notice as so confirmed shall be deemed for the purposes of this Act to have been served on the date of such confirmation.
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(6) When selecting a member or members of the panel of referees to inspect and examine a stallion under this section, the Minister shall not nominate any member who has previously been employed by the person making the application or by the Minister to inspect or examine such stallion.
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(7) Where the Minister reverses or cancels under this section any such refusal, revocation, suspension, or notice as aforesaid the fee paid on the application for the examination and inspection of the stallion by a referee shall be returned to the person by whom it was paid.
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