PART 7 - PRIZES AND SETTLING OF ACCOUNTS - (F)115 to (F)131
128. Succeeding to the business of deceased recorded breeder
128.1 This Rule applies to Rules 123 (Breeders' prizes) and 128A - C (British Owners and Breeders Incentive Scheme) where a recorded breeder dies and one or more Persons succeed to his business of breeding racehorses.
- 128.2.1 the deceased is shown in the General Stud Book or the Non Thoroughbred Register as the sole breeder, and
128.2.2 the surviving partner or partners continue with the business,
the surviving partner or partners in the business of the deceased may apply under Paragraph 128.4 to be registered as recorded breeder.
128.3 If the Authority considers it appropriate to do so, it may on an application under Paragraph 128.4 register a Person other than a surviving partner as recorded breeder of the business if that person's interest in the business derives from the will or intestacy or from comparable proceedings consequent on the death apart from any purchase or other acquisition.
128.4 An application under this Rule must
- 128.4.1 be made to The Racing Calendar Office by notice in writing which is signed by the applicant,
128.4.2 be supported by evidence that the applicant is carrying on the business in succession to the deceased, and
128.4.3 be submitted within 180 days of the race for which the application for a breeder's prize is being made.
128.5 The Authority may, before determining the application, request the applicant to provide such further information as it may specify.
128.6 Where the Authority grants the application and the applicant becomes registered as the recorded breeder of the business, the Authority may
- 128.6.1 from time to time require such evidence as to the continuation of the business as it may specify, and
128.6.2 suspend the breeder's registration to the same extent that they would have been able to suspend the deceased's registration before his death.
128.7 A Person who is registered under Paragraph 128.6 as the recorded breeder of the business may
- 128.7.1 apply under Rule 124 or 128B.1 to register any horse bred by the deceased in the course of business before his death, and
128.7.2 receive payments under the Scheme in respect of any horse so registered.