Horse and Greyhound Racing Act, 2001
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SCHEDULE | ||
Amendments to Act of 1994 | ||
The Act of 1994 is amended as follows: | ||
1. In section 2(1) (interpretation), by the substitution for the definition of “the Authority” of the following definition: | ||
“‘HRI’ means Horse Racing Ireland established under section 5 of the Horse and Greyhound Racing Act, 2001;”, | ||
and, accordingly, the Act of 1994 shall have effect as if each reference therein to the Authority were a reference to HRI. | ||
2. In section 19 (race-fixtures committee)— | ||
(a) by the insertion after subsection (1) of the following subsection: | ||
“(1A) Any terms of reference under subsection (1) shall include that when the race-fixtures committee recommends race-fixtures for any particular racecourse, it should before considering the removal of any existing fixture from that racecourse consult with the executive of the racecourse concerned and seek to agree with such executive how such removal may be achieved having regard to the economic importance of such fixture to that racecourse, in the context of the best interests of the horseracing industry.”, | ||
(b) in subsection (2)(a) and (b), by the substitution for “steward of the Racing Regulatory Body” of “member or official of the Racing Regulatory Body nominated by that Body” in both places where it occurs, | ||
(c) by the deletion of subsection (4). | ||
3. In section 23 (superannuation)— | ||
(a) by the substitution for subsection (1) of the following: | ||
“(1) HRI shall, 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 HRI, or | ||
(b) transferred under section 27 of the Horse and Greyhound Racing Act, 2001, to HRI or a subsidiary of HRI and who— | ||
(i) immediately before the establishment of HRI, were members of the staff of the Irish Horseracing Authority or a subsidiary of it and members of a superannuation scheme made by the Irish Horseracing Authority, or | ||
(ii) immediately before the commencement of section 8 of the Horse and Greyhound Racing Act, 2001, were members of the staff of the Racing Regulatory Body and members of a superannuation scheme made by the Racing Regulatory Body.”, | ||
(b) by the substitution for subsection (7) of the following subsection: | ||
“(7) Superannuation benefits granted under schemes under this section to persons who— | ||
(a) immediately before the establishment of HRI, were members of the staff of the Irish Horseracing Authority or a subsidiary of it, or | ||
(b) immediately before the commencement of section 8 of the Horse and Greyhound Racing Act, 2001, were members of the staff of the Racing Regulatory Body, | ||
and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled before that establishment or commencement, as the case may be.”, and | ||
(c) in subsection (8), by the substitution for “the Authority or its subsidiaries under section 75” of “HRI or its subsidiaries under section 27 of the Horse and Greyhound Racing Act, 2001”. | ||
4. In section 25 (application of funds of HRI), in paragraph (c), by the substitution for subparagraph (v) of the following: | ||
“(v) the improvement of authorised racecourses and the amenities thereof, and in so doing may use a graded system of grant rates and may make— | ||
(I) grants of up to 100 per cent. of the cost of projects involving essential non-revenue enhancing works such as health and safety measures, and | ||
(II) grants of lower rates in respect of other development work,”. | ||
5. In section 29 (reports to Minister by HRI), by the substitution for “the establishment day” of “the day of the establishment of HRI”. | ||
6. In section 39 (Racing Regulatory Body), upon the commencement of section 8 — | ||
(a) by the substitution for paragraphs (a) to (d) of the following: | ||
“(a) to be solely and independently responsible for the making and enforcing of the Rules of Racing and ensuring the particular rules governing the functions referred to in paragraphs (a) and (b) of section 8 (1) of the Horse and Greyhound Racing Act, 2001, are complied with, | ||
(b) to provide adequate on-course integrity services for horseracing by employing, licensing, monitoring and controlling the activities of horseracing officials including the following— | ||
(i) inspector of courses, | ||
(ii) clerks of courses, | ||
(iii) clerks of scales, | ||
(iv) handicappers, | ||
(v) starters, | ||
(vi) judges, | ||
(vii) veterinary officers, | ||
(viii) veterinary assistants, | ||
(ix) medical officers, | ||
(x) stewards secretaries, and | ||
(xi) security officers, | ||
(c) to license racecourses under the Rules of Racing and all participants in racing including all classes of trainers, jockeys, jockeys' valets, jockeys' agents and stablestaff, | ||
(d) to make all decisions relating to doping control, forensics and handicapping in respect of horseracing, and | ||
(e) to be responsible for the representation of Irish horseracing internationally in respect of its functions under this Act.”, | ||
and | ||
(b) by the re-numbering of that section as subsection (1) of that section and the insertion after subsection (1) of the following: | ||
“(2) Nothing in this section shall prevent the transfer of any functions specified in subsection (1) to HRI in accordance with paragraph (f) of section 8 (1) of the Horse and Greyhound Racing Act, 2001.”. | ||
7. By the substitution for section 41 of the following: | ||
“41.—Funds held by the Racing Regulatory Body in individual client accounts including all supporting assets and liabilities in respect of the functions to be transferred to HRI under section 8 of the Horse and Greyhound Racing Act, 2001, shall be transferred to HRI on the commencement of that section.”. | ||
8. In section 42 (costs of integrity services)— | ||
(a) by the re-numbering of that section as subsection (1) of that section, and | ||
(b) by the insertion after subsection (1) of the following: | ||
“(2) If in respect of the costs of integrity services in any particular year, agreement is not reached between HRI and the Racing Regulatory Body on the budget— | ||
(a) they may agree to the appointment of one expert or group of persons or consultancy to arbitrate on the cost of the provision of those services for that year and the decision of the expert or group or consultancy shall be final and binding on both parties, or | ||
(b) in case they fail to agree to any such appointment to arbitrate on that cost, the Minister may appoint a person to so arbitrate and the decision of that person shall be final and binding on both parties.”. | ||
9. By the deletion of section 43 (collection of fees and charges on behalf of Authority). | ||
10. In section 44 (alteration of Rules of Racing)— | ||
(a) by the re-numbering of that section as subsection (1) of that section, and | ||
(b) by the insertion after subsection (1) of that section of the following subsection: | ||
“(2) HRI shall publish in the racing calendar any Rules referred to it under subsection (1) and any other information required to be published under the Rules of Racing, in accordance with the Rules of Racing.”. | ||
11. In section 45 (appeals against sanctions of Racing Regulatory Body) by the substitution for subsection (1) of the following subsection: | ||
“(1) Where the Racing Regulatory Body imposes a sanction against any person involved in horseracing or refuses to grant to a person a licence or suspends or revokes a licence granted, under section 39(b) or (c), it shall afford the person an opportunity to appeal to it or such other person nominated by it against the sanction imposed or the refusal to grant or the suspension or revocation, of the licence, as the case may be.”. | ||
12. In section 48(9) (suspension or revocation of course betting permit), by the insertion after paragraph (b) of the following: | ||
“(c) HRI may, where an authorised bookmaker has failed to comply with regulations made under section 53(1)(b), suspend for such time as it thinks fit or revoke a permit granted under this section to that bookmaker.”. | ||
13. In subsection (1) of section 53 (regulations in relation to authorised bookmakers), by the substitution for paragraph (b) of the following: | ||
“(b) for governing the activities of authorised bookmakers at authorised racecourses, including— | ||
(i) the range of betting services available, and | ||
(ii) the methods of bookmaking and practices employed by such bookmakers such as— | ||
(I) the timing for opening a book, | ||
(II) the setting, changing and presentation of betting odds on offer, | ||
(III) the requirements for pay-outs of winnings, and | ||
(IV) the use of appropriate modern facilities and equipment.”. | ||
14. In section 53, by the substitution for subsection (2) of the following: | ||
“(2) Regulations made under subsection (1)(e)(iii) of this section in respect of the opening hours of betting offices may permit betting offices to open for business any time at an authorised racecourse— | ||
(a) on any day in respect of all the hours that registered premises (within the meaning of the Betting Act, 1931 ) are permitted to stay open, and | ||
(b) on the day of a race-fixture at the racecourse, also from the time the public are permitted admission to the racecourse and up to two hours after the conclusion at it of the last race where that would exceed the hours referred to in paragraph (a).”. | ||
15. By the deletion of Part X (other than section 77(1)). | ||
16. In the Schedule— | ||
(a) in paragraph 2, by the substitution for “15” of “12” and the deletion of “to be members of the Authority”, | ||
(b) by the substitution for paragraph 7 of the following: | ||
“7. (1) Subject to subparagraph (5), of the ordinary members of HRI— | ||
(a) 5 shall be nominated for appointment thereto by the Racing Regulatory Body, | ||
(b) one each shall be nominated for appointment thereto by such persons or organisations as the Minister considers, from time to time, to be representative of the following interests— | ||
(i) authorised racecourses, | ||
(ii) racehorse owners, | ||
(iii) racehorse trainers, | ||
(iv) racehorse breeders, | ||
(v) authorised bookmakers, | ||
(vi) persons employed directly in the horseracing industry, and | ||
(vii) the horseracing industry in Northern Ireland. | ||
(2) Subject to subparagraphs (3) and (4), a person nominated under subparagraph (1) shall be elected at a general meeting of the Racing Regulatory Body or the interest groups referred to in subparagraph (1)(b), as the case may be, specially convened for that purpose upon adequate notice being given by it of the meeting. | ||
(3) In the event of a dispute in respect of any aspect of the method of election to be carried out in accordance with subparagraph (2), the Minister shall decide the method. | ||
(4) The Minister may, as he or she deems appropriate, decide on or approve alternative arrangements for the nomination of Board members to that specified in subparagraph (2) where the need arises. | ||
(5) Where the Racing Regulatory Body or an interest group referred to in subparagraph (1)(b) fails to make a nomination by such date as the Minister may require for nominations to be given to him or her under subparagraph (1), the Minister may appoint such person as he or she decides. | ||
(6) Nominations under subparagraph (1) shall, in so far as is practicable and having regard to relevant experience, create an equitable balance between men and women.”, | ||
(c) in paragraph 9, by the substitution for subparagraphs (2) to (4) of the following: | ||
“(2) Subject to this paragraph, the term of office of an ordinary member of HRI shall be 4 years. | ||
(3) On the anniversary of the establishment of HRI and thereafter on each anniversary of such establishment, 3 of the ordinary members of HRI shall retire from office. | ||
(4) The members to retire under subparagraph (3) in any year shall be those who have been longest in office since their last appointment, and where there are members whose appointment was made on the same day and who are obliged to retire under that subparagraph, the members to retire shall, unless such members otherwise agree amongst themselves, be determined by the Minister by lot. | ||
(5) A member of HRI shall not serve for more than two consecutive terms.”, | ||
(d) after paragraph 11, by the insertion of the following: | ||
“11A. Where a member of HRI, whose term of office has expired, has not been re-appointed or may not be re-appointed by virtue of having served two consecutive terms, the member shall continue in office until the vacancy, occasioned by him or her, is filled by the appointment of another.”, | ||
and | ||
(e) in paragraph 17, by the substitution for “8” of “7”. |