Irish Horseracing Industry Act, 1994
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —This Act may be cited as the Irish Horseracing Industry Act, 1994.
num: 2
paragraphs: —(1) In this Act, save where the context otherwise requires—
“the Act of 1945” means the Racing Board and Racecourses Act, 1945 ;
“the Act of 1975” means the Racing Board and Racecourses (Amendment) Act, 1975 ;
“authorised bookmaker” means a licensed bookmaker who is the holder of a course-betting permit;
“authorised officer” means a person appointed in writing by the Authority to be an authorised officer for the purposes of this Act;
“authorised racecourse” means a racecourse including the precincts thereof authorised by the Authority under section 59 ;
“the Authority” means the Irish Horseracing Authority established by this Act;
“betting office” means any premises at an authorised racecourse in which betting is permitted by regulations under section 53 ;
“the chairman” means the chairman of the Authority;
“the chief executive” means the chief officer of the Authority;
“company” means—
(a) a company within the meaning of the Companies Acts, 1963 to 1990, or
(b) a body established under the laws of a state other than the State and corresponding to a body referred to in paragraph (a);
“company of the Authority” means a company established under section 36 ;
“course bet” means a bet entered into by an authorised bookmaker at an authorised racecourse;
“course-betting permit” means a permit granted by the Authority under section 48 (1);
“course-betting representative permit” means a permit granted by the Authority under section 48 (2);
“the establishment day” means the day appointed to be the establishment day for the purposes of this Act by the Minister under section 3 ;
“executive”, in relation to a racecourse, means the person who owns or exercises control over that racecourse;
“functions” includes powers and duties;
“integrity services” means those services at a racecourse provided at a race-fixture or related to the running of it which are operated by or on behalf of the Racing Regulatory Body for the purpose of enforcing discipline and ensuring that horses are run fairly and properly;
“levy” means levy payable under section 54 ;
“licensed bookmaker” means a person who is the holder of a bookmaker's licence for the time being in force issued under the Betting Act, 1931 ;
“licensed racecourse” means a racecourse which is licensed by the Racing Regulatory Body under the Rules of Racing;
“the Minister” means the Minister for Agriculture, Food and Forestry;
“precincts”, in relation to an authorised racecourse, means any place (including a car-park) adjacent to the racecourse under the control of the executive of a racecourse to which the public habitually resort for the purpose of attending and watching horseracing;
“prescribed” means prescribed by regulations made by the Authority under this Act;
“racecourse authorisation” means an authorisation granted to a licensed racecourse by the Authority under section 59 ;
“race-fixture” means the venue and the day of a race-meeting and where a race-meeting lasts for more than one day each day of the meeting shall be a separate race-fixture;
“race-meeting” means a series of horseraces held at a racecourse;
“race-programme” means the category, prizes, conditions and number of races at a race-fixture;
“Racing Regulatory Body” means—
(a) the Irish Turf Club, in relation to flat racing,
(b) the Irish National Hunt Steeplechase Committee, in relation to national hunt racing, or
(c) both in relation to horseracing generally;
“Rules of Racing” means—
(a) in relation to flat racing, the Rules of Racing as laid down by the Irish Turf Club, and
(b) in relation to national hunt racing, the Irish National Hunt Steeplechase Rules as laid down by the Irish National Hunt Steeplechase Committee;
“starting price licence” means a licence granted by the Authority under section 33 ;
“subsidiary” means—
(a) in relation to the Racing Board, a racecourse established under section 14 of the Act of 1945, the Tote Investors (Ireland) Limited, or the Leopardstown Club Limited, and
(b) in relation to the Authority, a company of the Authority, a racecourse established under section 38 , or any subsidiary of the Racing Board transferred to the Authority by this Act;
“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;
“totalisator licence” means a licence granted under the Totalisator Act, 1929 .
(2) References however expressed in any enactment in force before the establishment day to an authorised racecourse under the Act of 1945 shall be construed on and after the establishment day as a reference to an authorised racecourse under this Act.
(3) In this Act:
(a) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended;
(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
(4) In this Act a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act.
num: 3
paragraphs: —The Minister may by order appoint a day to be the establishment day for the purposes of this Act.
num: 4
paragraphs: —The Act of 1945 and the Act of 1975 are hereby repealed on the establishment day.
num: 5
paragraphs: —Proceedings in relation to a summary offence under this Act (other than section 65 (5) or 67 (2) or (3)) may be brought and prosecuted by the Authority.
num: 6
paragraphs: —(1) A person who contravenes section 14 (1), 15 (1), 16 (1), 17 (1), 47 (3), 48 (7), (18) or (19), 50 (3), 51 (3) or (4), 52 , 53 (4), 55 (3), 57 (6), 60 (2), 62 (5), 65 (5) or 67 (2) or (3) shall be guilty of a summary offence.
(2) A person who contravenes section 33 (1), 47 (1), 54 (1), or 59 (6) shall be guilty of an offence.
(3) Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or any other officer of such body, such person shall also be guilty of an offence.
(4) A person guilty of an offence under this Act, shall be liable—
(a) on summary conviction, to a fine not exceeding £1,000, or
(b) on conviction on indictment, to a fine not exceeding £100,000.
(5) Where a person, after conviction for an offence under this Act, continues to contravene the provision concerned, he shall be guilty of an offence on every day on which the contravention continues and for each such offence he shall be liable—
(a) on summary conviction, to a fine not exceeding £200, or
(b) on conviction on indictment, to a fine not exceeding £5,000.
(6) In this section, a reference to the contravention of a provision includes, where appropriate, a reference to a refusal or a failure, to comply with that provision.
num: 7
paragraphs: —Every order or regulation made by the Minister (other than an order made under section 3 , 54 (6) or 68 (2)) or regulation made by the Authority under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
num: 8
paragraphs: —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided for by the Oireachtas.
num: 9
paragraphs: —(1) On the establishment day there shall stand established a body to be known as the Irish Horseracing Authority to perform the functions conferred on it by this Act.
num: 10
paragraphs: —The general functions of the Authority shall be—
(a) the overall administration of Irish horseracing other than services operated by the Racing Regulatory Body under this Act,
(b) the development and promotion of the Irish horseracing industry (including the development of authorised racecourses, the guaranteeing of prize money at race-fixtures and the costs of integrity services),
(c) the control of the operations of authorised bookmakers,
(d) the allocation of race-fixtures and the setting of race-programmes,
(e) the operation of racecourses which are owned or leased by the Authority,
(f) the promotion of the Irish thoroughbred horse,
(g) the making of grants, loans or other disbursements to authorised racecourses and to any subsidiary of the Authority.
num: 11
paragraphs: —(1) The Minister may, with the consent of the Minister for Finance, by order—
(a) confer on the Authority, in relation to the development and promotion of horseracing, such additional functions connected with the functions for the time being of the Authority or the services or activities that the Authority is authorised for the time being to provide or carry on (including functions of the Minister in relation to any directive, regulation or other act adopted by an institution of the European Communities in relation to horseracing) as the Minister considers appropriate, and
(b) make such provision as he considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Authority of functions under this section or the performance by the Authority of functions so conferred (including provision for the transfer to the Authority of any property held by the Minister for the purposes of functions conferred on the Authority under this section).
(2) The Minister may by order amend or revoke an order under this section (including an order under this subsection).
num: 12
paragraphs: —(1) The Authority may make such charges, as it considers necessary and appropriate in consideration of—
(a) the performance by it of its functions,
(b) the provision by it of any service,
(c) the carrying on by it of any activities, and
(d) the application for or the granting of any licence, permit or authorisation granted by it.
(2) The Authority may recover as a simple contract debt in any Court of competent jurisdiction from any person by whom it is payable any amount due and owing under subsection (1).
num: 13
paragraphs: —(1) Where a member of the Authority is—
(a) nominated as a member of Seanad Ãireann, or
(b) elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or
(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to the European Parliament to fill a vacancy,
he shall thereupon cease to be a member of Authority.
(2) Where a person who is a member of the staff of the Authority is—
(a) nominated as a member of Seanad Ãireann, or
(b) elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or
(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to the European Parliament to fill a vacancy,
he shall thereupon stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances in respect of the period commencing on such nomination or election or when he is so regarded as having been elected, as the case may be, and ending when he ceases to be a member of either such House or a representative in such Parliament.
(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a representative in the European Parliament shall, while he is so entitled or is such a representative, be disqualified from becoming a member of the Authority or the staff of the Authority.
(4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Authority for the purposes of any superannuation benefits.
num: 14
paragraphs: —(1) A member of the Authority who has any material or financial interest—
(a) in any body corporate with which the Authority has made a contract or proposes to make any contract,
(b) in any contract which the Authority has made or proposes to make, or
(c) in any racecourse in relation to a racecourse authorisation,
shall, at a meeting of the Authority where any of the foregoing matters have arisen—
(i) disclose the fact of such interest and the nature thereof,
(ii) absent himself from the meeting or that part of the meeting during which the matter is discussed,
(iii) take no part in any deliberations of the Authority relating to the matter, and
(iv) not vote on a decision relating to the matter.
(2) Where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member of the Authority by whom the disclosure is made shall not be counted in the quorum for the meeting.
(3) Where at a meeting of the members of the Authority a question arises as to whether or not a course of conduct, if pursued by a member of the Authority, would constitute a failure by him to comply with the requirements of subsection (1), the question may be determined by the chairman of the meeting whose decision shall be final and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.
(4) Where the Minister is satisfied that a member of the Authority has contravened subsection (1), he may, if he thinks fit, remove that member from office and, in case a person is removed from office pursuant to this subsection, he shall thenceforth be disqualified from being a member of the Authority.
num: 15
paragraphs: —(1) A director of a subsidiary of the Authority who has any material or financial interest—
(a) in any body corporate with which the subsidiary has made a contract or proposes to make a contract, or
(b) in any contract which the subsidiary has made or proposes to make,
shall, at a meeting of the subsidiary where any of the foregoing matters have arisen—
(i) disclose the fact of such interest and the nature thereof,
(ii) absent himself from the meeting or that part of the meeting during which the matter is discussed,
(iii) take no part in any deliberations of the subsidiary relating to the matter, and
(iv) not vote on any decision relating to the matter.
(2) Where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the director by whom the disclosure is made shall not be counted in the quorum for the meeting.
(3) Where at a meeting of the directors of a subsidiary of the Authority a question arises as to whether or not a course of conduct, if pursued by a director of the subsidiary, would constitute a failure by him to comply with the requirements of subsection (1), the question may be determined by the chairman of the meeting whose decision shall be final and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.
(4) Where the Minister is satisfied that a director has contravened subsection (1), he may, if he thinks fit, direct the Authority to remove that director from office and, in case a person is removed from office pursuant to this subsection, he shall thenceforth be disqualified from being a director of the subsidiary.
(5) Section 194 of the Companies Act, 1963 , shall not apply to a director of a subsidiary of the Authority.
num: 16
paragraphs: —(1) Where a member of the staff of the Authority or a subsidiary of the Authority has an interest, otherwise than in his capacity as such a member, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the company or the subsidiary is a party, he shall—
(i) disclose to the Authority or the subsidiary, as the case may be, his interest and the nature thereof,
(ii) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by directors or members of the staff of the company or the subsidiary in relation thereto, and
(iii) make no recommendation in relation to the contract, agreement or arrangement.
(2) Subsection (1) does not apply to contracts, or proposed contracts, of employment of members of the staff of the Authority with the Authority or of a subsidiary of the Authority with the subsidiary.
num: 17
paragraphs: —(1) A person shall not disclose confidential information obtained by him while performing duties as—
(a) a member of the Authority or a member of the staff of the Authority or an adviser or consultant to the Authority, or
(b) a director or a member of the staff of, or an adviser or consultant to a subsidiary of the Authority, or
(c) a member of a committee established under this Act,
unless he is duly authorised by the Authority or the subsidiary, as the case may be, or by a member of the staff of the Authority or the subsidiary, as the case may be, duly authorised in that behalf, to do so.
(2) In this section “confidential” means that which is expressed by the company or the subsidiary concerned, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description.
num: 18
paragraphs: —(1) The Authority may establish committees to assist and advise it in relation to the performance of any of its functions.
(2) The Authority may delegate to a committee any of its functions which, in its opinion, can be better or more conveniently exercised or performed by a committee.
(3) The Authority shall decide the terms of reference for any committee and may regulate the procedure of any such committee.
(4) The members of a committee shall be appointed by the Authority.
(5) A committee shall consist of such number of members as the Authority thinks proper.
(6) A committee may include persons who are not members of the Authority.
(7) A member of a committee who fails to perform his functions may be removed at any time by the Authority.
(8) The Authority may at any time dissolve a committee.
(9) The Authority may appoint a person to be chairman of a committee.
(10) The acts of a committee shall be subject to confirmation by the Authority save where it dispenses with the necessity for such confirmation.
(11) There shall be paid out of the income of the Authority to members of a committee such allowances for expenses incurred by them in the discharge of their functions as the Authority may determine with the consent of the Minister and the Minister for Finance.
(12) In this section “a committee” means a committee of the Authority established under this section.
num: 19
paragraphs: —(1) The Authority shall establish a committee (“the race-fixtures committee”) to recommend in accordance with the terms of reference decided by the Authority the fixing of the annual list of race-fixtures.
(2) The members of the race-fixtures committee shall be appointed by the Authority and shall consist of the following members—
(a) a chairman who shall be both a member of the Authority and a steward of the Racing Regulatory Body,
(b) one steward of the Racing Regulatory Body,
(c) two representatives of authorised racecourses, and
(d) three other members representative of the horseracing industry.
(3) The membership of the race-fixtures committee referred to in paragraphs (b) to (d) of subsection (2) may include persons who are not members of the Authority.
(4) (a) Where the race-fixtures committee makes a recommendation under subsection (1) the Authority shall accept such recommendation.
(b) Where the race-fixtures committee fails to make a recommendation in respect of any race-fixture, the Authority, after consultation with the Racing Regulatory Body, shall fix the date and venue of the race-fixture.
(5) The Authority may regulate the procedure of the race-fixtures committee.
(6) There shall be paid out of the income of the Authority to members of the race-fixtures committee such allowances for expenses incurred by them in the discharge of their functions as the Authority may determine with the consent of the Minister and the Minister for Finance.
(7) A member of the race-fixtures committee who fails to perform his functions may be removed by the Authority.
num: 20
paragraphs: —The Authority shall, after consultation with the Racing Regulatory Body, establish a committee (“the race-programme committee”) to determine the race-programme for all race-fixtures.
num: 21
paragraphs: —(1) There shall be a chief officer of the Authority who shall be known, and is referred to in this Act, as the chief executive.
(2) The chief executive shall carry on and manage and control generally the administration and business of the Authority, advise the Authority in relation to the performance of its functions and perform such other functions as may be determined by the Authority.
(3) The chief executive shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration) as may be approved of by the Authority with the consent of the Minister and the Minister for Finance.
(4) The chief executive shall be paid, out of moneys at the disposal of the Authority, such allowances for expenses incurred by him in the performance of his functions as may be determined by the Authority with the consent of the Minister and the Minister for Finance.
(5) The chief executive shall be appointed, and may be removed from office at any time where he fails to perform his functions satisfactorily, by the Authority.
(6) The chief executive shall devote the whole of his time to the duties as chief executive and shall not hold any other office or position without the consent of the Authority.
(7) The chief executive may make proposals to the Authority on any matter relating to its activities.
num: 22
paragraphs: —(1) The Authority may appoint such and such number of persons to be members of the staff of the Authority as it may determine.
(2) There shall be paid by the Authority to its officers and employees such remuneration and allowances for expenses as the Authority thinks fit.
(3) In determining the remuneration or allowances for expenses to be paid to its officers or employees or the terms or conditions subject to which such officers or employees hold or are to hold their employment, the Authority shall have regard either to Government or nationally agreed guidelines which are for the time being extant, or to Government policy concerning remuneration and conditions of employment which is so extant, and, in addition to the foregoing, the Authority shall comply with any directives with regard to such remuneration, allowances, terms or conditions which the Minister may give from time to time to the Authority with the consent of the Minister for Finance.
(4) The grades of the staff of the Authority, and the number of staff in each grade, shall be determined by the Authority.
(5) The Authority may at any time remove any officer or employee of the Authority from being its officer or employee where that officer or employee fails to perform his functions satisfactorily.
(6) The Authority may perform any of its functions through or by the chief executive or any other member of its staff duly authorised by the Authority in that behalf.
(7) A person accepted into the employment of the Authority under section 75 or appointed to the Authority under this section may be seconded from time to time to serve with a subsidiary of the Authority.
(8) Every member of the staff of the Authority seconded under subsection (7) shall continue to be a member of the staff of the Authority, but shall, while so seconded, be subject to the direction of the subsidiary of the Authority to which the member is seconded in its day to day operations, subject to such arrangements as may be made between the Authority and that company or racecourse, as the case may be.
num: 23
paragraphs: —(1) The Authority may, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of persons—
(a) appointed to positions on the staff of the Authority, or
(b) transferred under section 75 to a subsidiary of the Authority who immediately before the establishment day were members of the staff of the Racing Board and members of a superannuation scheme made by the Racing Board.
(2) A scheme under subsection (1) shall fix the time and conditions of retirement for all persons (including the chief executive) to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.
(3) The Authority may, with the consent of the Minister and the Minister of Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.
(4) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefits payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.
(5) No superannuation benefits shall be granted by the Authority on the resignation, retirement or death of persons (including the chief executive) who are members of a scheme under this section, nor shall any other arrangement be entered into for the provision of superannuation benefits to such persons on ceasing to hold office, other than in accordance with such scheme or schemes under this section.
(6) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(7) Superannuation benefits granted under schemes under this section to persons, who immediately before the establishment day, were members of the staff of the Racing Board and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before that day.
(8) Where in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who has transferred to the staff of the Authority or its subsidiaries under section 75 , the benefit shall be calculated and paid by the Authority in accordance with the scheme or such enactments in relation to superannuation as applied to the person immediately before the establishment day and, for that purpose, his pensionable service with the Authority or its subsidiary shall be aggregated with his previous pensionable service.
(9) A scheme submitted by the Authority under this section, shall, if approved of by the Minister with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.
num: 24
paragraphs: —(1) The Authority may for the purposes of providing premises necessary for the due performance of its functions—
(a) purchase or take on lease any land,
(b) build, equip and maintain offices and premises.
(2) The Authority may sell or lease any land, offices or premises held by it which are no longer required for the due performance of its functions.
num: 25
paragraphs: —The Authority may apply its funds for all or any of the following purposes, that is to say—
(a) the payment of expenses incurred by it in the exercise and performance of its functions under this Act,
(b) the payment of any moneys in accordance with the terms of any totalisator licence held by the Authority or a company of the Authority,
(c) the making of payments, grants or loans for all or any one or more of the following purposes—
(i) the provision of stake-money and prizes at horse races held at authorised racecourses,
(ii) the reduction or subsidisation of entrance fees and similar charges in respect of such horse races,
(iii) the carriage of horses competing at race-fixtures,
(iv) the reduction or subsidisation of the charges to the public for admission to authorised racecourses,
(v) the improvement of authorised racecourses and the amenities thereof,
(vi) any other purpose, conducive to the improvement of horseracing,
(vii) any purpose, conducive to the improvement of the breeding of horses or to the development of the export trade in horses,
and the Authority may attach to any payment, grant or loan so made or proposed to be made by it such conditions as the Authority thinks proper.
num: 26
paragraphs: —The Authority shall, in respect of each horse race at a race-fixture at an authorised racecourse, approve the amount and form of any prize offered.
num: 27
paragraphs: —The Minister may from time to time, with the consent of the Minister for Finance, advance to the Authority out of moneys provided by the Oireachtas, such sums as the Minister may determine for the purpose of expenditure by the Authority in the performance of its functions.
num: 28
paragraphs: —(1) The Authority (and any subsidiary of the Authority) shall keep in such form as may be approved of by the Minister all proper and usual accounts of all moneys received or expended by it including a profit and loss account, a balance sheet and a cash flow statement in relation to its functions under this Act.
(2) Accounts kept pursuant to this subsection shall be submitted annually by the Authority to an auditor for audit and, immediately after the audit and not more than 6 months after the end of the financial year to which the accounts relate, a copy of the profit and loss account and of the balance sheet and a copy of the auditor's report of the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.
num: 29
paragraphs: —(1) As soon as may be after the end of the accounting year of the Authority in which the establishment day falls and of each subsequent accounting year of the Authority, the Authority shall present a report to the Minister of its activities in that year and the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.
(2) The Authority (or any subsidiary of the Authority) shall, whenever so requested by the Minister, furnish to him information in relation to such matters as he may specify concerning or relating to the scope of its activities, or its strategy, generally or in respect of any account prepared by the Authority or any report specified in subsection (1) or the policy and activities, other than day to day activities, of the Authority.
num: 30
paragraphs: —The Authority or any subsidiary of it may, for the purpose of providing for current or capital expenditure, from time to time borrow money (whether on the security of the assets of the Authority or otherwise), including money in a currency other than the currency of the State but shall not do so without the consent of the Minister and the Minister for Finance.
num: 31
paragraphs: —(1) The Authority may accept gifts of money, land or other property upon such trusts or conditions (if any) as may be specified by the donor.
(2) The Authority shall not accept a gift if the trusts or conditions attached to it would be inconsistent with its functions.
num: 32
paragraphs: —The Authority or any of its subsidiaries may, as it sees fit—
(a) invest its funds in any lawful manner, or
(b) with the consent of the Minister and the Minister for Finance and subject to any conditions of either of those Ministers enter into joint ventures or partnerships with other persons,
for the benefit of Irish horseracing.
num: 33
paragraphs: —(1) A person shall not determine or disseminate the starting price on any horse race at a race-fixture at an authorised racecourse save under and in accordance with a starting price licence.
(2) The Authority shall, subject to this section, grant a starting price licence, subject to such conditions or restrictions as it sees fit, to a person who is acceptable to it and is nominated by the executive of an authorised racecourse or a body representing authorised racecourses to determine and disseminate the starting price in respect of horse races—
(a) in the case of a nomination by the executive of an authorised racecourse, at race-fixtures at its racecourse, or
(b) in the case of a nomination by a body representing authorised racecourses, at race-fixtures at any or all racecourses which that body represents.
(3) It shall be a condition of a starting price licence that the person who makes the nomination under subsection (2) shall not have any involvement in the determination or dissemination of the starting price or any property rights in relation to the starting price to which the licence relates.
(4) In the absence of a nomination acceptable to the Authority under subsection (2), the Authority may grant to another person a starting price licence, subject to such conditions or restrictions as it sees fit, to determine and disseminate the starting price in respect of horse races at race-fixtures at any racecourse specified in the licence in respect of which a starting price licence has not been granted under subsection (2).
(5) There shall be not more than one starting price determined for the purposes of dissemination in respect of any particular horse in any horse race at a race-fixture.
(6) The Authority may, in order to protect the integrity of the starting price return—
(a) restrict who may be granted a starting price licence, or
(b) limit the number of starting price licences.
(7) A starting price licence shall be in force for such period as the Authority may decide and in order to protect the integrity of the starting price return different licences may be in force for different periods.
(8) The Authority may, in order to protect the integrity of the starting price return, revoke or suspend for such period as it thinks fit a starting price licence.
num: 34
paragraphs: —The Authority or, with the consent of the Authority, a company of the Authority, may—
(a) apply for and hold a totalisator licence, and
(b) maintain and operate a totalisator in such places and on such occasions as it thinks fit subject to—
(i) any conditions or restrictions contained in the totalisator licence granted to it, and
(ii) regulations made under the Totalisator Act, 1929 .
num: 35
paragraphs: —A company of the Authority established for the sole purpose of carrying on the business of bookmaker may apply for and hold a bookmakers licence (within the meaning of the Betting Act, 1931 ).
num: 36
paragraphs: —(1) The Authority may, either by itself or with another person, with the consent of the Minister and the Minister for Finance, and subject to any conditions of either of those Ministers, promote and take part in the formation or establishment of a company—
(a) to perform any of the functions conferred upon it by this Act,
(b) to operate a totalisator, or
(c) for the sole purpose of carrying on business as a bookmaker.
(2) The Authority may exercise total or partial control of the board of directors, by whatever name called, of a company of the Authority that controls or manages the company.
(3) The memorandum and articles of association of a company of the Authority shall be in such form consistent with this Act as may be approved of by the Authority.
(4) A company of the Authority shall make such reports and in such manner to the Authority as it may require.
(5) A company of the Authority may enter into joint ventures with other persons.
(6) The chief officer of a company of the Authority shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration) as may be approved of by the board of directors (or other authority, by whatever name called, that controls any such company) with the consent of the Minister and the Minister for Finance.
num: 37
paragraphs: —The Authority may, with the consent of the Minister and the Minister for Finance, acquire, hold and dispose of shares or other interests in a company and become a member of a company.
num: 38
paragraphs: —(1) The Authority may, after giving notice to the executives of all authorised racecourses, establish or lease and operate, racecourses.
(2) The Authority may maintain, equip and develop any racecourse established or leased by it under this section.
(3) A racecourse established or leased by the Authority under this section may be operated and maintained by a company of the Authority.
(4) The Authority may organise and hold race-meetings at any racecourse operated or maintained by or on behalf of it under this section.
(5) The Authority may sell or lease any racecourse established under this section.
(6) Any racecourse established under section 14 of the Act of 1945 which is in being immediately before the establishment day shall on that day continue in being as if established under this section.
num: 39
paragraphs: —On the establishment day there shall stand established the Racing Regulatory Body whose general functions shall for the purposes of this Act be—
(a) to regulate horseracing,
(b) to make and enforce the Rules of Racing and in so doing to promote integrity and fair play in horseracing,
(c) to provide adequate integrity services for horseracing, and
(d) to license racecourses under the Rules of Racing.
num: 40
paragraphs: —(1) Subject to sections 41 (1) and 42 , the Racing Regulatory Body may make such charges as it considers necessary to enable it to perform any of its functions or to provide any of its services.
(2) The Racing Regulatory Body may recover as a simple contract debt in any court of competent jurisdiction from any person from whom it is payable any amount due and owing under this section.
num: 41
paragraphs: —(1) All revenue from the management of funds held by the Racing Regulatory Body collected or acquired in the course of performing its functions under this Act and all revenue from funds held by that Body on the establishment day on behalf of racehorse owners or persons licensed by the Racing Regulatory Body under the Rules of Racing shall be taken into account in determining any charges made by it under section 40 .
(2) The funds referred to in subsection (1) under the control of the Racing Regulatory Body shall be held and accounted for separately by that Body and a report shall be made to the Authority in such form and at such intervals as the Authority may require in respect of such funds.
num: 42
paragraphs: —The costs of integrity services provided by the Racing Regulatory Body shall be guaranteed by the Authority on the basis that the budget prepared by the Racing Regulatory Body of the costs of such services shall be submitted to and agreed annually with the Authority and the guarantee shall be limited to the amount of the costs of integrity services contained in the agreed budget.
num: 43
paragraphs: —(1) The Racing Regulatory Body shall, following a request in that behalf made by the Authority, collect such fees, levies or charges in the name of the Authority, as the Authority may, from time to time, specify in such request.
(2) All sums collected under this section shall be paid to the Authority in such manner and at such times as the Authority may, in writing, direct.
num: 44
paragraphs: —The Racing Regulatory Body shall inform the Authority when making or amending any of the Rules of Racing.
num: 45
paragraphs: —(1) Where the Racing Regulatory Body imposes a sanction against any person involved in horseracing it shall afford that person an opportunity to appeal to it against the sanction imposed.
(2) The Racing Regulatory Body shall provide an appeals procedure and ensure that any appeal referred to in subsection (1) is heard in a fair and impartial manner.
num: 46
paragraphs: —The Racing Regulatory Body or a person acting on its behalf shall, in respect of each race-fixture to be held at an authorised racecourse, determine before the fixture whether that race-fixture may be held having considered the following criteria—
(a) the safety of horses and riders both on and off the racetrack,
(b) the condition in respect of safety of fences, hurdles or other obstacles on the racetrack,
(c) the condition of the running surface of the racetrack,
(d) the efficiency of the management of the racecourse in respect of the holding of horse races at that fixture, and
(e) any other matter that might affect the safe operation of horse races at the race-fixture.
num: 47
paragraphs: —(1) A person shall not carry on the business of a bookmaker at an authorised racecourse, unless such person is an authorised bookmaker or a person specified in a course-betting representative permit.
(2) An authorised officer or a person acting under the direction of the executive of an authorised racecourse who has reasonable cause to believe that a person is not an authorised bookmaker or a person specified in a course-betting representative permit and is carrying on the business of a bookmaker at an authorised racecourse may require the person to immediately leave the racecourse.
(3) A person shall comply with a requirement made of him under subsection (2).
(4) Where a person fails to comply with a requirement made of him under subsection (2) an authorised officer or a person acting under the direction of the executive of the authorised racecourse concerned may, with the assistance of a member of the Garda SÃ­ochÃ¡na if he considers it necessary, remove (by reasonable force if necessary) the person from the racecourse.
num: 48
paragraphs: —(1) Subject to subsection (3), the Authority may grant to a licensed bookmaker a permit (“a course-betting permit”) authorising him to carry on, in person, at an authorised racecourse the business of bookmaking in respect of horse races held at an authorised racecourse and races or other events taking place elsewhere.
(2) The Authority may grant to an authorised bookmaker a permit (“a course-betting representative permit”) to carry on, in the absence of that authorised bookmaker, through an employee or agent (being a licensed bookmaker) specified in the permit the business of bookmaking as specified in subsection (1).
(3) A course-betting permit granted to a company of the Authority shall restrict the company on a racecourse to operate only from a betting office.
(4) The Authority may refuse an application for a permit under this section where it considers the applicant is not a fit or proper person to hold such a permit or the person to be specified in a course-betting representative permit is not a fit or proper person.
(5) An application for a permit under this section shall be in such form and contain such particulars as the Authority may from time to time require.
(6) The Authority may attach to a permit granted under this section such terms and conditions as it thinks fit and it may also, from time to time, attach further terms or conditions or vary the conditions to such a permit or remove any such terms or conditions.
(7) (a) The holder of a permit granted under this section shall comply with any terms or conditions attached to the permit.
(b) A person specified in a course-betting representative permit shall comply with any terms or conditions attached to the permit.
(8) A course-betting permit shall contain the name of the holder thereof.
(9) (a) The Authority may, where it feels it has reasonable grounds for so doing at any time, suspend for such time as it thinks fit or revoke a permit granted under this section.
(b) An authorised bookmaker who without reasonable cause fails or neglects to pay or credit to a person with whom he has a bet an amount due to that person shall have any permit granted to him suspended or revoked by the Authority.
(10) Where the Authority, in the exercise of its powers under this section, proposes to refuse an application for a permit under this section or to suspend or revoke a permit granted under this section it shall—
(a) inform the bookmaker concerned in writing of the proposal, and
(b) afford to him upon request, within 7 days after being so informed, an opportunity to make to it any written or oral representations in relation to the proposal and shall consider any such representations made to it.
(11) Where an application for a permit under this section is refused, or a permit granted under this section is suspended or revoked, notice of the refusal, suspension or revocation shall be served on the bookmaker concerned either personally or by prepaid registered post within the period of 7 days beginning on the day on which the Authority decides on the refusal, suspension or revocation.
(12) Subject to subsections (13) and (14), where a permit granted under this section is suspended or revoked, the suspension or revocation shall be expressed as coming into operation on a specified day which shall not be before the expiration of the period of 14 days beginning on the day on which the authority decides on the suspension or revocation.
(13) Where the suspension or revocation of a permit granted under this section is in respect of a failure or neglect to pay or credit to a person an amount due to the person by the bookmaker concerned in respect of a bet entered into by the person with the bookmaker, the permit shall be suspended or revoked immediately.
(14) Where—
(a) an appeal is taken under section 57 against the suspension or revocation of a permit granted under this section,
(b) the suspension or revocation is not in respect of a failure or neglect to pay or credit to a person an amount due to the person by the bookmaker concerned in respect of a bet entered into by the person with the bookmaker, and
(c) on the day on which the suspension or revocation is expressed as coming into operation, the appeal has not been withdrawn or determined,
the operation of the suspension or revocation shall stand suspended until (as may be appropriate) the appeal is withdrawn or determined by the Bookmakers Appeal Committee.
(15) A permit granted under this section shall be in force for such period not exceeding 3 years as the Authority may decide specified therein.
(16) Where an authorised bookmaker ceases to be a licensed bookmaker, or is the subject of an exclusion notice under section 62 , any permit granted to him under this section shall, for the purposes of this Act, cease to be in force.
(17) Where the person specified in a course-betting representative permit is the subject of an exclusion notice, or ceases to be a licensed bookmaker, the permit shall, for the purposes of this Act, cease to be in force.
(18) An authorised bookmaker who ceases to be a licensed bookmaker shall surrender to the Authority any permit granted to him under this section upon such cessation.
(19) The holder of a permit granted under this section or his employee or agent shall not wilfully alter such permit granted under this section and any such permit so altered shall cease to be in force.
(20) A course-betting permit granted under section 24 of the Act of 1945 which is in force immediately before the establishment day shall, on that day, continue in force as if granted under this section.
(21) (a) In this section “employee or agent” means—
(i) a spouse, parent, child, sibling, nephew or niece of the authorised bookmaker, or
(ii) a person who has been in the authorised bookmaker's continuous employment on any authorised racecourse for a period of not less than 5 years.
(b) The Authority may by regulations amend the definition in this subsection.
num: 49
paragraphs: —(1) The Authority may appoint in writing such and so many persons as it sees fit to be authorised officers for the purposes of this Act.
(2) A warrant of appointment as an authorised officer shall be issued to every person appointed under this section who when exercising any function conferred on the person as an authorised officer, shall, if requested by a person affected, produce the warrant to that person.
(3) The Authority may at any time terminate an appointment as an authorised officer.
(4) Every person appointed to be an authorised officer under the Act of 1945 and being such an officer immediately before the establishment day shall, on that day, continue to be an authorised officer as if appointed under this section.
(5) An appointment under this section as an authorised officer shall cease—
(a) where the Authority terminates it under subsection (3), or
(b) where the person appointed is an officer or employee of the Authority or its subsidiary upon his ceasing to be such an officer or employee.
num: 50
paragraphs: —(1) An authorised officer may require any person, whom he observes carrying on the business of a bookmaker at any authorised racecourse, to produce his course-betting permit, or course-betting representative permit, as the case may be.
(2) Where a person who is required under this section to produce his permit—
(a) refuses or fails to produce such permit, or
(b) produces such permit, but fails or refuses to permit an authorised officer making the requirement to read or examine such permit,
the authorised officer may require the person's name and address.
(3) A person shall not refuse or fail to comply with a requirement made to him by an authorised officer under this section.
num: 51
paragraphs: —(1) An authorised officer may at all reasonable times without warrant enter any authorised racecourse or any betting office or any other place or premises where he has reasonable grounds to believe the business of bookmaking is carried on and may—
(a) require any person whom he has reasonable grounds to believe is carrying on the business of bookmaking or employed in connection therewith to produce all books, accounts or other documents or records relating to bookmaking at an authorised racecourse and, in the case of such information in a non-legible form (including such information in a computer), to produce it in a legible form,
(b) search for, inspect and take copies of or extracts from any books, accounts or other documents or records (including, in the case of any such information in non-legible form, a copy of or extract from such information in a permanent legible form) relating to bookmaking at an authorised racecourse, and
(c) remove and retain the said books, accounts or other documents or records for such period as may be reasonable for further examination.
(2) An officer of customs and excise may at all reasonable times without warrant enter any authorised racecourse or any betting office and may—
(a) require any person whom he has reasonable grounds to believe is carrying on the business of bookmaking or employed in connection therewith to produce all books, accounts or other documents or records relating to bookmaking and, in the case of such information in a non-legible form (including such information in a computer), to produce it in a legible form,
(b) search for, inspect and take copies of or extracts from any books, accounts or other documents or records (including, in the case of any such information in non-legible form, a copy of or extract from such information in a permanent legible form) relating to bookmaking, and
(c) remove and retain the said books, accounts or other documents or records for such period as may be reasonable for further examination.
(3) A person shall not refuse or fail to comply with a requirement made to him by an officer under this section and shall provide to such officer all facilities and assistance necessary for the exercise by such officer of any power conferred on him by this section.
(4) A person shall not by himself, or by any person in his employment or acting by his direction or with his consent, refuse or fail to admit any authorised officer or officer of customs and excise in the execution of his duty requiring to enter a racecourse (or any part thereof) or a betting office in pursuance of this section.
num: 52
paragraphs: —A person shall not resist, obstruct or impede an authorised officer or an officer of customs and excise in the exercise of any power conferred on him by this Act.
num: 53
paragraphs: —(1) Subject to this section, the Authority may, by regulations, provide—
(a) for fixing the conditions governing and fixing the charges to be made by the executive of an authorised racecourse to an authorised bookmaker for admission to the racecourse (and different charges may be fixed in respect of different authorised racecourses and in respect of different parts of the same racecourse):
Provided that in fixing such conditions and charges, the Authority shall not fix for the admission of an authorised bookmaker to any part of that racecourse a charge exceeding 5 times the charge then made to a member of the public for admission to that part,
(b) for governing the activities of bookmakers at authorised racecourses, including the range of betting services to be made available,
(c) for the provision of facilities for authorised bookmakers by the executive of an authorised racecourse,
(d) for the permitting of authorised bookmakers to operate from betting offices,
(e) for the regulation of—
(i) the range of betting services to be made available at betting offices,
(ii) the structure and location of betting offices,
(iii) the operation and opening hours of betting offices,
(iv) the persons who may be admitted to, or permitted to place bets at, betting offices,
(v) good order and conduct at betting offices.
(2) Any regulations made under subsection (1) (e) (iii) in respect of the opening hours of betting offices shall not permit such betting offices to open for business for any time before the racegoing public are permitted admission by the executive of an authorised racecourse to a race-fixture or to remain open later than one hour after the conclusion of the last race of the fixture.
(3) The Authority where it proposes to make regulations under subsection (1) may have regard to any agreement between authorised racecourses and authorised bookmakers in relation to any matter referred to in that subsection.
(4) A person to whom any regulation made under subsection (1) applies shall comply with such regulation.
num: 54
paragraphs: —(1) (a) An authorised bookmaker who enters into a bet at an authorised racecourse (whether on an event taking place there or elsewhere) shall pay to the Authority a levy on such bet.
(b) The rates of levy payable under paragraph (a) shall be—
(i) in respect of a bet with an authorised bookmaker other than in a betting office and placed solely on a horse race taking place at the authorised racecourse at which the bet is placed 5 per cent. or such other percentage as the Authority, with the consent of the Minister, may from time to time prescribe, or
(ii) in respect of all bets placed in a betting office at an authorised racecourse and in respect of any bet placed at an authorised racecourse where all or any part of that bet relates to an event being either a horse race or any other event taking place elsewhere, the same rate of levy as that rate of excise duty which would apply under section 24 of the Finance Act, 1926 (as amended by section 31 of the Finance Act, 1985 ) to such bet if it was placed other than at an authorised racecourse.
(c) If the event the subject of a bet under paragraph (b) (i) is determined in favour of the person with whom the bookmaker enters into the bet, the bookmaker shall, from the total amount which he would otherwise pay or credit to that person in respect of the bet, make a deduction calculated at the rate of percentage referred to in that subparagraph of that total amount.
(d) For the purposes of this section the amount of a bet shall be taken to be the sum which, by the terms of the bet, the bookmaker by whom it is entered into, will be entitled to receive, retain or take credit for if the event the subject of the bet, is determined in his favour.
(2) (a) An authorised bookmaker who fails or neglects to pay any sum payable by him in respect of a levy may have any permit granted to him under section 48 suspended or revoked by the Authority.
(b) The Authority may restore any such permit where it is satisfied that all arrears of levy due under subsection (1) (including interest at an appropriate percentage rate) have been paid.
(3) Every levy payable by any person shall be recoverable from that person by the Authority as a simple contract debt in any court of competent jurisdiction.
(4) (a) Where a bookmaker is found not to have paid levy due or not to have made proper returns to the Authority in respect of such levy or both for a period of one month, the Authority may make an assessment of levy due and may charge interest at an appropriate rate from the day on which any such levy first became due and in doing so shall have regard to the level of interest rates generally in the State.
(b) (i) Subject to subparagraph (ii), interest at an appropriate percentage rate to be charged by the Authority under this section shall be 15 per cent. per annum.
(ii) The Authority may, with the consent of the Minister, if it is satisfied that the appropriate percentage rate for the time being standing specified in this section, ought, having regard to the level of rates of interest generally in the State, to be varied, by regulations vary the rate of interest so standing specified and this section shall have effect in accordance with the terms of any such regulations.
(5) (a) Whenever it is proved to the satisfaction of the Authority that a course bet in respect of which a levy is payable has become a void bet the Authority may subject to such conditions as it thinks fit to impose, either, as the case may require, repay the levy paid or remit the levy chargeable in respect of such course bet.
(b) In this paragraph “void bet” means a course bet placed either on a horse in a race at a race-fixture or on another event which has been abandoned, declared void or postponed to another day or placed on a horse which does not achieve a fair start as required by the Rules of Racing.
(6) Subsection (1) (b) (ii) shall come into operation on such day as the Minister may appoint by order.
num: 55
paragraphs: —(1) The Authority may make regulations for securing the payment of levies and generally for carrying the provisions in relation to levies into effect and in particular for—
(a) requiring authorised bookmakers who are liable to pay levies—
(i) to enter, in the prescribed manner and at the prescribed time, particulars of all course bets in the prescribed records,
(ii) to retain such records for the prescribed time,
(iii) to send, on the request of the Authority, such records to the Authority,
(iv) to furnish copies of such records to the Authority at such time or times as may be prescribed,
(b) entering into arrangements by the Authority with (and taking security from) authorised bookmakers desiring to pay levies on the basis of returns furnished by them,
(c) the granting to authorised bookmakers by the Authority of remissions or refunds (as the case may require) of a levy in cases in which the whole or any part of the contingent liability of a bookmaker in respect of a bet made, laid or otherwise entered into by him is shown to the satisfaction of the Authority to have been transferred to another bookmaker by means of a fresh bet made, laid or otherwise entered into by the first-mentioned bookmaker with the second-mentioned bookmaker.
(2) A person who, without reasonable cause, contravenes any regulations made under subsection (1) may have any permit granted to him under section 48 suspended or revoked by the Authority.
(3) A person shall comply with any regulation made under this section and shall not make, in any record kept in pursuance of any regulation under this section, any false entry with regard to a course bet.
num: 56
paragraphs: —(1) There shall, on the establishment day, be a committee (to be known as the Bookmakers Appeal Committee) to determine the appeals provided for by section 57 .
(2) The Bookmakers Appeal Committee shall consist of the following members—
(a) a chairman who shall be a judge or a practising barrister or solicitor of at least 7 years’ standing, and
(b) 4 ordinary members.
(3) The members of the Bookmakers Appeal Committee shall be appointed by the Minister and shall be eligible for re-appointment and each appointment shall, subject to subsection (5), be for a period of 3 years and, subject to the provisions of this section, each such member shall hold office as such member upon such terms and conditions as the Minister may determine at the time of his appointment.
(4) A member of the Bookmakers Appeal Committee may, by letter addressed to the Minister, resign his membership.
(5) The term of office of a member of the Bookmakers Appeal Committee appointed to fill a casual vacancy on the Committee shall be the remainder of the term of office of the member in relation to whom the vacancy occurred.
(6) Where the chairman of the Bookmakers Appeal Committee is temporarily unable to act, he shall appoint another member to act in his place.
(7) The quorum of the Bookmakers Appeal Commitee shall be 3.
(8) A determination shall not be made by the Bookmakers Appeal Committee unless a majority of the Bookmakers Appeal Committee hearing the appeal are in favour of the determination.
(9) A member of the Bookmakers Appeal Committee (other than a judge) shall be paid by the Authority such remuneration (if any) and allowances for expenses (if any) as the Authority determines, with the consent of the Minister and the Minister for Finance, and the expenses (including that of a judge) of the Committee shall, be paid by the Authority.
num: 57
paragraphs: —(1) Where the Authority refuses to grant a course-betting permit to a licensed bookmaker, or a course-betting representative permit to an authorised bookmaker or suspends or revokes a course-betting permit or a course-betting representative permit held by an authorised bookmaker, that bookmaker may within the period of 14 days beginning on the day on which the Authority decides on the refusal, suspension or revocation, appeal in writing to the Bookmakers Appeal Committee against the refusal, suspension or revocation.
(2) (a) The Bookmakers Appeal Committee, after conducting a hearing in relation to an appeal under this section, shall either refuse the appeal or—
(i) in the case of an appeal against the refusal of a permit, direct the Authority to grant a permit,
(ii) in the case of an appeal against the suspension of a permit, annul the suspension, vary the period of the suspension or the date on which it is to begin or both, or annul the suspension and direct the Authority to revoke a permit, or
(iii) in the case of an appeal against the revocation of a permit, annul the revocation or annul the revocation and direct the Authority to suspend the permit for a period beginning and ending on dates specified by the Committee.
(b) The Authority shall comply with a direction given under this section.
(3) At a hearing conducted by the Bookmakers Appeal Committee in relation to an appeal under this section—
(a) the appellant may appear in person or be represented by counsel, solicitor or agent,
(b) the Authority may be represented by counsel or solicitor or by an officer of the Authority,
(c) the appellant and the Authority may tender any evidence relevant to the appeal, and—
(i) the appellant may examine and re-examine witnesses called by him and cross-examine witnesses called by the Authority, and
(ii) the Authority may examine and re-examine witnesses called by it and cross-examine witnesses called by the appellant,
(d) if, in relation to any witness, the Bookmakers Appeal Committee so determines or either party to the appeal so requests, the Bookmakers Appeal Committee shall require the witness to be examined on oath (which the chairman is hereby empowered to administer).
(4) The Bookmakers Appeal Committee shall cause a hearing in relation to an appeal under this section to be held as soon as may be and shall cause not less than 14 days notice of the date, time and place of the hearing to be given to the appellant and the Authority.
(5) (a) The Bookmakers Appeal Committee may—
(i) summon witnesses to attend hearings conducted by it,
(ii) require any such witness to answer any question relevant to the appeal, and
(iii) require any such witness to produce to it any document or record (including, in the case of any such information in non-legible form, a copy or extract from such information in a permanent legible form) in his possession or control.
(b) A witness before the Bookmakers Appeal Committee shall be entitled to the same immunities and privileges as if he were a witness in the High Court, and claims of privilege and immunity shall be determined by the Committee.
(c) A summons under paragraph (a) (i) shall be signed by at least one member of the Bookmakers Appeal Committee.
(6) (a) A person on being duly summoned as a witness before the Bookmakers Appeal Committee shall appear as such witness, unless before the hearing he gives to the satisfaction of the Committee reasonable cause for not appearing at that hearing.
(b) A person being in attendance as a witness before the Bookmakers Appeal Committee shall—
(i) take any oath which the Committee may legally require him to take,
(ii) answer any question which the Committee may require him to answer under subsection (5) (a) (ii), and
(iii) produce any document or record in his possession or control which the Committee may require him to produce under subsection (5) (a) (iii).
num: 58
paragraphs: —(1) On the establishment day the Appeal Committee (established under section 4 of the Act of 1975) shall stand dissolved.
(2) An appeal which, before the establishment day, is pending before the aforesaid Appeal Committee shall be heard and determined as if it was an appeal under section 57 .
num: 59
paragraphs: —(1) The Authority shall, subject to such terms and conditions as it thinks fit, grant an authorisation (“a racecourse authorisation”) to a licensed racecourse (“authorised racecourse”) where the Authority considers it is able to provide appropriate facilities and services to carry on horseracing at race-meetings and accommodate persons associated with horseracing (including members of the public watching horseracing).
(2) (a) An authorised racecourse shall be authorised for a period of 5 years—
(i) in the case of a first racecourse authorisation, from such date as the Authority may determine, or
(ii) in the case of a second or subsequent racecourse authorisation, from the day after the expiry of the last authorisation.
(b) Application for a racecourse authorisation shall be made by the executive of the licensed racecourse concerned to the Authority and shall be in such form and contain such information as the Authority may decide.
(3) The Authority may where it has reasonable grounds to believe that an authorised racecourse is not complying with any term or condition of a racecourse authorisation revoke or suspend (for such period as it thinks fit) the authorisation.
(4) An authorised racecourse (within the meaning of the Act of 1945) in existence immediately before the establishment day shall on that day be deemed to be an authorised racecourse for a period of two years.
(5) The Authority may, as it sees fit, from time to time, attach new terms or conditions to a racecourse authorisation.
(6) (a) The Authority may require in the interests of the horseracing industry the executive of a racecourse which is not an authorised racecourse not to operate a racecourse.
(b) The executive concerned shall comply with a requirement made of it under this subsection.
num: 60
paragraphs: —(1) The Authority may by regulations provide for requiring the executives of authorised racecourses to keep such information as may be prescribed and to furnish to the Authority such returns and information as may be prescribed.
(2) The executive of an authorised racecourse shall comply with any regulation made under subsection (1).
num: 61
paragraphs: —(1) Subject to subsection (3), where the executive of an authorised racecourse intends to enter into any contract or arrangement with any person in relation to the transmission or relaying of any broadcast, or the photographing, filming or sound recording for commercial purposes, of a race-fixture or any part thereof, that executive shall inform the Authority of such intention as soon as it is able and shall comply with any conditions that the Authority may specify within one month in relation to the proposed contract or arrangement.
(2) Subject to subsection (3), the property rights in relation to any broadcast of any part of a race-fixture or any photograph, film or sound recording taken or made for commercial purposes at a race-fixture shall vest in the executive of the authorised racecourse concerned.
(3) Subsections (1) and (2) do not apply to any photograph, film or sound recording taken or made by the Racing Regulatory Body in the course of its functions at a race-fixture and anything so taken or made shall vest in the Racing Regulatory Body.
(4) In this section “broadcast” has the meaning assigned to it by the Broadcasting and Wireless Telegraphy Act, 1988 .
num: 62
paragraphs: —(1) The Authority or the Racing Regulatory Body, may exclude by notice (“an exclusion notice”) a person from being either—
(a) on any authorised racecourse, or
(b) on such authorised racecourse or racecourses as the Authority or, as the case may be, the Racing Regulatory Body may think fit and specify in the exclusion notice,
where it has reason to believe that the person is not a fit or proper person to be on such racecourse.
(2) The Authority or the Racing Regulatory Body, as the case may be, may by notice, revoke an exclusion notice made by it.
(3) Where the Authority or the Racing Regulatory Body makes a notice under this section it shall cause the notice to be delivered personally or sent by registered post to—
(a) the person to whom the notice applies, and,
(b) to the executive of each racecourse to which the notice relates.
(4) Where any person to whom an exclusion notice (which is in force) applies is found on any racecourse to which the notice relates, the executive of that racecourse may, with the assistance of a member of the Garda SÃ­ochÃ¡na if it considers it necessary, have the person removed (by reasonable force if necessary) from the racecourse.
(5) Any person excluded from a racecourse by virtue of subsection (1) shall comply with the exclusion notice.
num: 63
paragraphs: —(1) The Totalisator Act, 1929 , is hereby amended by the insertion in section 3 (6) (as amended by section 26 (4) of the Act of 1945) after “operate in any place or places” of “, save where a totalisator operates in respect of a horse race at a place or places not being an authorised racecourse (within the meaning of the Irish Horseracing Industry Act, 1994),”, and the said subsection, as so amended, is set out in the Table to this section.
(2) This section shall come into operation on the establishment day.
TABLE
(6) Where the Minister grants a licence to any person or persons to operate in any place or places, save where a totalisator operates in respect of a horse race at a place or places not being an authorised racecourse (within the meaning of the Irish Horseracing Industry Act, 1994), or where the Revenue Commissioners set up, maintain or work a totalisator at any place or places the persons having the management of such place or places shall provide a place or places whether in a building or not where licensed bookmakers (provided always that they are not disqualified persons under any recognised Rules of Racing) may carry on their business and to which the public may resort for the purpose of betting.
num: 64
paragraphs: —(1) Section 1 of the Betting Act, 1931 , is hereby amended by the substitution for the definition of “licensed bookmaker” of the following definition:
“‘licensed bookmaker’ means—
(a) a person (not being a body corporate or an unincorporated body of persons) who is the holder of a bookmaker's licence issued under section 7 of this Act, or
(b) a company established under section 36 of the Irish Horseracing Industry Act, 1994, to carry on business as a bookmaker that holds a licence issued under section 7A of this Act,
and for the time being in force.”.
(2) The Betting Act, 1931 , is hereby amended by the insertion after section 7 of the following section:
“Issue of bookmaker's licence to company established under section 36 of Irish Horseracing Industry Act, 1994.
7A (1) A company established under section 36 of the Irish Horseracing Industry Act, 1994, to carry on business as a bookmaker that applies to the Revenue Commissioners in writing in the prescribed form for a bookmaker's licence commencing on such date (being either the next following 1st day of December or a day not more than 14 days after the date of the application) as specified in the application shall, upon delivery to the Revenue Commissioners of an application for a bookmaker's licence and payment to the Revenue Commissioners by the applicant of the excise duty required by law to be paid for taking out such licence as is specified in such application, be issued by the Revenue Commissioners with a bookmaker's licence in accordance with this section.
(2) A bookmaker's licence issued under this section shall be in the prescribed form and shall state the name and registered office of the company to whom it is issued and shall operate and be expressed to authorise such company to act and carry on business as a bookmaker during the period commencing on the date specified therein (which shall be the date specified in that behalf in the application for such licence) and ending at midnight on the next following 30th day of November, but subject and without prejudice to all restrictions and prohibitions for the time being imposed by law in respect of the places in which the business of bookmaking may be carried on.”.
(3) Section 8 (1) of the Betting Act, 1931 , is hereby amended by the insertion after “premises in which the business of bookmaking is carried on” of “, other than a premises being a betting office (within the meaning of the Irish Horseracing Industry Act, 1994),” and the said subsection, as so amended, is set out in the Table to this section.
(4) The Betting Act, 1931 , and this section may be cited together as the Betting Acts, 1931 and 1994.
(5) This section shall come into operation on the establishment day.
TABLE
(1) The Revenue Commissioners shall continue to keep in the prescribed form the register (in this Act referred to as the register of bookmaking offices) established and heretofore kept by them under the Betting Act, 1926 , of premises in which the business of bookmaking is carried on, other than a premises being a betting office (within the meaning of the Irish Horseracing Industry Act, 1994), and shall register therein all such premises as they are by virtue of this Act required to register therein.
num: 65
paragraphs: —(1) It shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing Acts, 1833 to 1988, on the application to them of the executive of an authorised racecourse, to grant to the executive, or a person nominated by the executive—
(a) a licence for the sale of intoxicating liquor at the authorised racecourse for consumption at the racecourse, and
(b) a renewal of a licence granted under this section.
(2) A licence granted under this section shall be in force for the period specified therein and shall operate, to authorise, during the period beginning from the time the racegoing public are permitted admission by the executive of the authorised racecourse concerned to a race-fixture (but not before 10.30 in the morning) and ending one hour after the conclusion of the last race of the fixture, but during no other period, the sale of intoxicating liquor at the race-fixture for consumption at the racecourse, to persons attending the race-fixture.
(3) Upon the grant of a licence under this section, any licence under the Licensing Acts, 1833 to 1988, relating to an authorised racecourse shall cease to have effect during the hours which a licence granted under this section operates.
(4) A licence granted under this section shall cease to have effect should the racecourse to which it relates cease, for whatsoever reason, to be an authorised racecourse.
(5) The holder of a licence granted under this section shall comply with the provisions of this section relating to the licence.
num: 66
paragraphs: — Sections 4 and 5 and Part III of the Intoxicating Liquor Act, 1927 , and the provisions, in relation to prohibited hours, of the Licensing Acts, 1833 to 1988, shall not apply to an authorised racecourse in respect of which a licence has been granted under section 65 .
num: 67
paragraphs: —(1) If a member of the Garda SÃ­ochÃ¡na is of the opinion that there are reasonable grounds for supposing, or a complaint has been made to such a member, that the holder of a licence granted under section 65 is not complying with the provisions of that section, the member may, without warrant, enter into and search the racecourse concerned and request and take the names and addresses of any persons found therein in connection with the non-compliance.
(2) A person shall not—
(a) refuse to give his name or address, or
(b) give a false name or address,
when so requested under subsection (1).
(3) A person shall not by himself, or by any person in his employment or acting by his direction or with his consent, refuse or fail to admit any member of the Garda SÃ­ochÃ¡na in the execution of his duty requiring to enter a racecourse (or any part thereof) in pursuance of this section.
num: 68
paragraphs: —(1) The Licensing Acts, 1833 to 1988, and this Part may be cited together as the Licensing Acts, 1833 to 1994.
(2) This Part shall come into operation on such day as the Minister may appoint by order.
num: 69
paragraphs: —On the establishment day the Racing Board shall stand dissolved.
num: 70
paragraphs: —(1) The following shall be transferred to the Authority on the establishment day—
(a) all property (including assets and racecourses) and rights held or enjoyed immediately before the establishment day by the Racing Board, and
(b) all liabilities incurred before the establishment day by the Racing Board that had not been discharged before the establishment day,
and, accordingly, without any further conveyance, transfer or assignment—
(i) the said property, real and personal, shall on the establishment day vest in the Authority for all the estate, term or interest for which, immediately before the establishment day, it was vested in the Racing Board but subject to all trusts and equities affecting the property and capable of being performed,
(ii) the said rights, shall, as on and from the establishment day, be enjoyed by the Authority, and
(iii) the said liabilities shall, as on and from the establishment day, be the liabilities of the Authority.
(2) All moneys, stocks, shares and securities transferred to the Authority by this section that, immediately before the establishment day, are standing in the name of the Racing Board shall, upon the request of the Authority, be transferred into its name.
(3) Every right and liability transferred by this section to the Authority may, on or after the establishment day, be sued on, recovered or enforced by or against the Authority in its own name and it shall not be necessary for the Authority to give notice to the person whose right or liability is transferred by this section of the transfer.
num: 71
paragraphs: —(1) Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the Racing Board to any person or given by any person to and accepted by or on behalf of the Racing Board and every contract or agreement in writing made between the Racing Board and any other person and in force but not fully executed and completed immediately before the establishment day shall continue in force on and after such establishment day and shall be construed and have effect as if the Authority were substituted for the Racing Board as a party thereto and the name of the Authority were substituted therein for that of the Racing Board and shall be enforceable by or against the Authority.
(2) References to the Racing Board contained immediately before the establishment day in the memorandum and articles of association of any company (within the meaning of the Companies Acts, 1963 to 1990), shall, on and after such establishment day, be construed as references to the Authority.
num: 72
paragraphs: —Where, immediately before the establishment day any legal proceedings are pending in any court or tribunal and the Racing Board is a party to the proceedings, the Authority shall be substituted for the Racing Board as a party thereto and the name of the Authority shall be substituted in the proceedings for that of the Racing Board and the proceedings shall not abate by reason of such substitution.
num: 73
paragraphs: —(1) As soon as may be after the establishment day the Authority shall cause to be prepared in such form as may be approved of by the Minister all proper and usual accounts of all moneys received or expended by the Racing Board in the accounting year, or the part of an accounting year, of the Racing Board ending immediately before the establishment day.
(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Authority to an auditor for audit and, immediately after the audit, a copy of the profit and loss account and of the balance sheet and of such other (if any) of the accounts as the Minister may direct and a copy of the auditor's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.
num: 74
paragraphs: —On the establishment day any totalisator licence which was immediately before that day held by the Racing Board shall, by virtue of this section, be transferred to the Authority and shall, on and after the establishment day, have effect as if the name of the Authority were substituted therein for that of the Racing Board.
num: 75
paragraphs: —(1) Every person who is on the day immediately before the establishment day a member of the staff of the Racing Board or a subsidiary of it shall, or the establishment day, be transferred to and become a member of the staff of the Authority or a subsidiary of it, as the Authority may determine.
(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, while in the service of the Authority, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he was subject immediately before the establishment day.
(3) In this section “recognised trade union or staff association” means a trade union or staff association recognised by the Authority for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees.
num: 76
paragraphs: — Section 12 of the Finance Act, 1895 , shall not apply to the vesting in the Authority of any property or right transferred by this Act.
num: 77
paragraphs: —(1) All instruments (including regulations) made and documents issued under the Racing Board and Racecourses Acts, 1945 and 1975, in force immediately before the repeal of those Acts shall continue in force upon such repeal as if made or issued under this Act.
(2) References in any statute or instrument under statute or document referred to in subsection (1) to the Racing Board shall, on and after the establishment day, be construed as a reference to the Authority.