S.I. No. 396/2015 - Greyhound Industry (Racing) (Amendment) (No. 2) Regulations, 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th September, 2015.

Bord na gCon, in exercise of the powers conferred on it by Sections 25 and 48 of the Greyhound Industry Act 1958 (No. 12 of 1958), and also by sub-section (3) of section 5 of said 1958 Act, hereby makes the following regulations, that is to say:-

1. These regulations may be cited as the Greyhound Industry (Racing) (Amendment) (No. 2) Regulations, 2015.

2. The Greyhound Industry (Racing) Regulations, 2007 ( S.I. No. 302 of 2007 ), the Greyhound Industry (Racing) (Amendment) Regulations, 2015 ( S.I. No. 350 of 2015 ) and these regulations may be cited together as the Greyhound Industry (Racing) Regulations, 2007 to 2015.

3. The Greyhound Industry (Racing) Regulations, 2007 are hereby amended by substituting for sub-article (3) of article 29 the following sub-articles:

“(3) The veterinary surgeon, or authorised person, who takes a sample in accordance with sub-article (2) shall—

(a) place the sample in a container and forthwith seal and mark it in such manner as to identify it as the sample taken by him, or

(b) provided there is sufficient volume (20ml) in the sample, and if so required by the owner, trainer or their agents or other person in charge of the greyhound from which the sample was taken, and in the presence of any one of such persons, divide the sample into two equal parts, place each part of the sample into separate containers and forthwith seal and mark each container in such manner as to identify each container as part of the sample taken by him.

(3A) Where the veterinary surgeon, or authorised person, has complied with sub-article (3) he shall—

(a) as soon as practicable send to a laboratory approved by the Board the sealed container or, in the case of part samples referred to in sub-article (3)(b), one of the part sample containers, and in relation to the second such container arrange for its storage in a place approved for such purpose by the Board, and

(b) where the registered owner or licenced trainer so requires, arrange for the analysis of the part sample in the stored container by a laboratory approved by the Board and nominated by the said owner or trainer, the costs of such analysis to be borne by the owner or trainer who so required.

(3B)(a) The result of an analysis pursuant to sub-article (3A) shall be forwarded to an officer of the Board authorised by the Board to receive it and to perform the functions of this sub-article. As soon as practicable after receiving it the officer concerned shall make the result of the analysis available to the Control Committee, and to the owner and trainer of the greyhound concerned.

(b) A result of an analysis referred to in paragraph (a) which is reported to be positive for a prohibited substance shall be referred to in these Regulations as “an adverse analytical finding”.

(c) Where the result of an analysis being made available to the owner and trainer of the greyhound is an adverse analytical finding, the owner and trainer shall be informed that the finding will be published in accordance with the provisions of paragraph (d).

(d) The officer authorised to receive the result of an analysis shall, where there is an adverse analytical finding and after having met the requirements of paragraph (a) and (c), publish on the Board’s website the following information, that is to say—

(i) that there has been an adverse analytical finding,

(ii) the name of the prohibited substance,

(iii) the name and identification number of the greyhound concerned,

(iv) the names of the registered owner and the licenced trainer at the time of the taking of such sample, and

(v) the date upon which and the place at which the said sample was taken.

(3C)(a) Where an adverse analytical finding has been made in relation to a greyhound, the said greyhound shall be prohibited from further racing until such time as a test for prohibited substances has been carried out in accordance with paragraph (b) of this sub-article and the result of the test is negative.

(b) Where a test is to be carried out under paragraph (a) of this sub-article—

(i) the registered owner or licenced trainer shall arrange with the Board that a Steward or a Veterinary Surgeon authorised to take a sample under sub-article (2) of this article shall take the sample,

(ii) the Steward or the Veterinary Surgeon who takes a sample for the purposes of this sub-article shall comply with the procedures set out in sub-article (3)(a) of this article and shall as soon as practicable thereafter send the sealed container to a laboratory approved by the Board and nominated by the said owner or trainer,

(iii) the certificate of analysis in relation to the sample shall be sent directly to the Board by the approved laboratory, and

(iv) the costs of such sampling, transport, analysis and certification shall be borne by the owner or trainer who arranged the sample for the purposes of this sub-article.”

4. These regulations shall come into effect on the 1st day of October, 2015.

GIVEN under the Seal of Bord na gCon

17 September 2015.

PHILIP MEANEY,

Chairman of the Board.

GERALDINE LARKIN,

Chief Executive of the Board, an Officer Authorised by the Board to Authenticate the Seal of the Board.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of these regulations is to amend the Greyhound Industry (Racing) Regulations, 2007 so as to set down certain procedures to be observed in relation to the sampling of a greyhound for prohibited substances, to provide for the publication of the test result and information relating to the greyhound when the sample is reported to be positive, and to provide that such a greyhound is prohibited from racing until a further test is undertaken with negative results.