1992 No. 3044

AGRICULTURE

The Horses (Free Access to Competitions) Regulations 1992
Made
1st December 1992
Laid before Parliament
10th December 1992
Coming into force
1st January 1993
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the Economic Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), hereby make the following Regulations:

Citation and commencement
1
These Regulations may be cited as the Horses (Free Access to Competitions) Regulations 1992 and shall come into force on 1st January 1993.

Interpretation
2
In these Regulations, unless the context otherwise requires–
- “competition” means any equestrian competition, including horse racing, show-jumping, eventing, dressage, events reserved for horse-drawn vehicles and showing classes;
- “horses” means domestic animals of the equine or asinine species or crossbreeds of those species.

Application
3
1
These Regulations apply in England, Scotland and Wales to horses intended for competition and the conditions governing their participation therein.
2
The Regulations do not apply to–
a
competitions reserved for the purpose of permitting the improvement of the breed;
b
regional competitions with a view to selecting horses;
c
historic or traditional events.

Rules governing non-discrimination
4
1
The rules of any competition shall not discriminate between horses which are registered or originate in the United Kingdom and horses which are registered or originate in any Member State.
2
Such rules of competition shall not discriminate in particular with regard to–
a
the requirements for entering the competition, in particular the minimum or maximum requirements;
b
the judging of the competition;
c
the prize money or profits which may accrue from the competition.

Reasons for refusal
5
The grounds on which a horse registered or originating in any Member State is refused entry to a competition shall be communicated in writing by the organiser of the competition to the owner or his authorised representative.

Reservation of prize money or profits
6
1
For each competition or type of competition, the competent authority may reserve, through bodies officially approved or recognised for that purpose, a certain percentage (which must not exceed 20%) of the prize money or profits for the safeguard, development and improvement of breeding.
2
For the purposes of paragraph (1), “
the competent authority
” means—
a
in relation to a competition or type of competition taking place in—
i
England, the Secretary of State;
ii
Wales, the Welsh Ministers;
iii
Scotland, the Scottish Ministers;
b
but the competent authority is the Secretary of State in relation to any competition or type of competition taking place in Great Britain where the exercise of the function referred to in paragraph (1) is outside devolved competence.
3
For the purposes of paragraph (2)(b), the exercise of the function referred to in paragraph (1) is outside devolved competence—
a
in relation to Wales, if it would not be within the legislative competence of Senedd Cymru if it were contained in a provision of an Act of Senedd Cymru (assuming, in the case of a provision that could only be made with the consent of a Minister of the Crown within the meaning in the Ministers of the Crown Act 1975, that such consent were given);
b
in relation to Scotland, if it would not be within the legislative competence of the Scottish Parliament if it were contained in a provision of an Act of that Parliament.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
One of Her Majesty’s Principal Secretaries of State
(This note is not part of the Regulations)
These Regulations implement Council Directive 90/428/EEC (OJ No. L224, 18.8.90, p.60) on trade in equidae intended for competition and laying down the conditions for participation therein. Subject to specified exceptions, discrimination in competition on grounds of registration or origin in another member State is prohibited (regulation 4). If a horse is not permitted to compete, reasons must be given in writing to its owner or his authorised representative (regulation 5).
S.I.
1972/1811
.
1972 c. 68.
Reg. 1 in force at 1.1.1993, see reg. 1
Reg. 4 in force at 1.1.1993, see reg. 1
Reg. 5 in force at 1.1.1993, see reg. 1
Reg. 2 in force at 1.1.1993, see reg. 1
Reg. 3 in force at 1.1.1993, see reg. 1
Reg. 6 inserted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 39(2)
Word in reg. 4(1) substituted (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 37(2)
Word in reg. 5 substituted (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 37(3)