A change to the Rules of Racing will see BHA Stewards able to declare a non-runner in any race beginning from starting stalls if they believe that a horse has been denied a fair start.

Under the existing Rules, a horse can only be declared a non-runner if it has been prevented from starting due to a faulty action of the starting stalls or if it is riderless at the off.

But from 1 May 2024, the powers of the Stewards will be extended to include situations where a horse has been prevented from starting on equal terms and its chances in a race have been materially affected as a consequence.

The change – which aligns Britain with the International Federation of Horseracing Authorities (IFHA) model rule and the approach applied by other major racing nations – follows engagement with and feedback from industry stakeholders, including participants and the betting industry, and approval by the BHA Board.

Use of the updated Rule will be at the discretion of the BHA Stewards and may include instances where a stalls malfunction causes some stalls to open more slowly than others, as was the case in the 2023 Epsom Dash.

It could also cover scenarios where there is a problem with equipment fitted at the start, or a stalls handler is still attempting to assist a horse and jockey when the starting mechanism is triggered.

The updated Rule can also be applied in circumstances where a horse has obtained an unfair advantage at the start, for example if a runner forces the gates open prematurely before the Starter has triggered the starting mechanism. However, a horse will not be declared a non-runner if it merely accelerates the gates once the Starter has operated the starting mechanism.

Any consideration by the Stewards will always precede the ‘weighed in’ signal, with participants, racegoers and the betting public alerted that an incident at the start of the race is being reviewed.

BHA Chief Regulatory Officer, Brant Dunshea, said: 

“This amendment to the Rules will enable British racing to become signatories to the International Federation of Horseracing Authorities model rule on non-runners and therefore see us align with other major racing nations.

“It seeks to provide greater clarity and consistency for all involved and provides a regulatory solution in scenarios where it is deemed that a horse has been denied a fair start due to a situation beyond its own control or that of its rider, not previously covered by the rules.

“While we don’t expect this Rule to be required very often, we hope that extending the Stewards’ power in this area – something we have discussed at length with industry stakeholders prior to implementation – is a positive development for participants and bettors.”

The full change to Rule (H)6 is as follows:

Current wording of Rule (H)6

6. In a Race started from starting stalls, the Stewards may declare a horse a non-runner where:

6.1 that horse has been prevented from starting due to a faulty action of the starting stalls; or

6.2 that horse is riderless at the ‘Off’.

New wording of Rule (H)6 from 1 May 2024

6. In a Race started from starting stalls, the Stewards may declare a horse a non-runner where:

6.1 A horse is denied a fair start, and its chances are materially affected, including but not limited to where:

6.1.1 a horse is prevented from starting on equal terms due to a faulty action of the starting stalls; or

6.1.2 that horse is riderless at the ‘Off’.

6.2 a horse has gained an unfair advantage at the start of the race.

Below is a selection of potential scenarios where Stewards may consider declaring a horse a non-runner under the updated Rule.

Equipment

The late or slow removal of blindfolds by a rider is not in itself a reason to declare a non-runner under the new Rule. However, if it is established that a horse has been prevented from starting on equal terms due to a problem with equipment fitted at the start by anyone other than the rider (i.e. stalls rugs, blindfolds etc.), then the Stewards may consider declaring the horse a non-runner if it is deemed that the horse’s chances have been materially affected as a result.

Stalls malfunction

In the 2023 Epsom Dash, a stalls malfunction caused the high-numbered starting gates to open slowly and the runners in those stalls were prevented from starting on equal terms. If a similar situation occurred and it was established that a runner’s chances were materially affected as a result, then the Stewards can consider declaring a non-runner.

Handler intervention

If a stalls handler is holding on to a horse when the starting gates open (which could happen in scenarios where a horse is fractious in the stalls and the handler is attempting to assist the jockey in controlling the horse) and it is established that the runner is prevented from starting on equal terms as a result, then the Stewards can consider declaring the horse a non-runner.

Horse misbehaviour

Where a horse’s own behaviour alone, after the starting mechanism has been operated, results in the horse being unable to start on equal terms, the horse shall not be declared a non-runner. However, if a horse, for example, kicks out and gets caught in the starting gates before the starting mechanism has been operated, and the starter is unaware leading to the horse being unable to start on equal terms as a result, the Stewards can consider declaring a non-runner.

Unfair advantage

The revised Rule also allows the Stewards to declare a horse a non-runner if a horse has gained an unfair advantage at the start of a race. For example, if a horse forces the gates open prematurely before the Starter has operated the starting mechanism, the Stewards can consider whether the horse has gained an unfair advantage. However, if a horse merely accelerates the gates once the Starter has operated the starting mechanism, the Stewards will not consider that horse to have gained an unfair advantage.

Note: a horse cannot be declared a non-runner under the provisions of Rule (H)6.1 if it wins the race, however it can if it gains an unfair advantage under the provisions of Rule (H)6.2.

The above list of potential scenarios is not exhaustive and use of the updated Rule will be at the discretion of the BHA Stewards.