S.I. No. 178/2000 - Irish Horseracing Industry Act, 1994 Thoroughbred Foal Levy Regulations, 2000.

Arrangement of sections

IRISH HORSERACING INDUSTRY ACT, 1994

THOROUGHBRED FOAL LEVY REGULATIONS, 2000

The Irish Horseracing Authority, in exercise of the powers conferred upon it by Section 38A of the Irish Horseracing Industry Act. 1994, as inserted by Section 5 of the Horse and Greyhound Racing (Betting Charges and Levies) Act. 1999, hereby makes the following Regulations:

1.         Citation and Commencement

(a)    These Regulations may be cited as the Thoroughbred Foal Levy Regulations. 2000.

(b)    These Regulations shall come into effect on the 1^st day of March in the year 2000.

2.         Definitions

(a)    In these Regulations, save where the context otherwise requires —

“the Act” means the Irish Horseracing Industry Act. 1994 as amended by the Horse and Greyhound Racing (Betting Charges and Levies) Act. 1999:

“advertised value of the nomination fee” means the value of the nomination fee for a particular stallion which is deemed by the Authority, following consultation with the owner of the stallion, as being generally applicable for a covering of a mare by that stallion on February 15th in the calendar year prior to the year of birth of the foal by that stallion:

“the Authority” means the Irish Horseracing Authority established by the Act:

“levy” means levy payable under section 38A(1) of the Act:

“the Minister” means the Minister for Agriculture. Food and Rural Development:

“owner of a thoroughbred foal” means the person who submits the Registration Form for that thoroughbred foal for registration in the stud book:

“Registered Stallion” means a stallion registered as breeding stock with Weatherbys Ireland Limited in the General Stud Book for the calendar year prior to the year of birth of the foal by that stallion as advised to the Authority by Weatherbys Ireland Limited:

“the stud book” means that part of the General Stud Book of Great Britain and Ireland which is maintained by Weatherbys Ireland Limited.

(b)    In these Regulations words and phrases which are defined in the Act and not in these Regulations shall have the meaning given to them in the Act.

3.         Levy payable

(a)    The owner of a thoroughbred foal registered in the General Stud Book through the office of Weatherbys Ireland Limited shall pay, at the time of application for registration of the foal in the General Stud Book, a levy to the Irish Horseracing Authority.

(b)    Where the foal's sire is a Registered Stallion the rate of levy shall be the amount calculated by reference to the advertised value of the nomination fee of that stallion in accordance with the table in sub-paragraph (d) below or such other amounts as the Authority, with the consent of the Minister, may from time to time prescribe.

(c)    Where the foal's sire is not a Registered Stallion the levy payable shall be the Standard rate or such other rate as may be determined by the Authority based on relevant information provided by the owner of the thoroughbred foal.

4.         Payment of Levies

(a)    The levy shall be payable, for and on behalf of the Authority, to Weatherbys Ireland Limited.

(b)    The levy shall be remitted to Weatherbys Ireland Limited at the time of application for registration of the foal in the General Stud Book with the General Stud Book Registration Form in respect of the foal.

5.         Appeals

(a)    The owner of a thoroughbred foal, having paid the levy, may appeal to the Chief Executive of the Authority to change the rate band applicable to that foal where he considers that the rate band advised as being applicable to that foal is incorrect. Any such appeals must be in writing and shall set out the grounds of the appeal in detail. Where relevant the appeal should include any supporting documentation or representations.

(b)    The Chief Executive of the Authority, after considering any such appeal, shall advise the appellant in writing of his decision and the reason therefor and, where appropriate, shall arrange for a refund of any levy overpaid.

6.         Amendments to Regulations

These Regulations may be amended from time to time by the Authority with, where necessary, the consent of the Minister.

Given under the seal of the Authority this 14^th day of February, 2000.

I hereby consent to the above Regulations.