Horse Racing Ireland Act 2016
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Number 2 of 2016 | ||
HORSE RACING IRELAND ACT 2016 | ||
CONTENTS | ||
Section | ||
8. Compliance by HRI with State Bodies Code of Practice, etc. | ||
15. Compliance by Bord na gCon with State Bodies Code of Practice | ||
17. Amendment of section 10 of Animal Remedies Act 1993 - authorised officers | ||
18. Amendment of definition in section 2 of Forestry Act 2014 | ||
19. Amendment of Veterinary Practice Act 2005 - mutual recognition | ||
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Acts Referred to | ||
Animal Health and Welfare Act 2013 (No. 15) | ||
Animal Remedies Act 1993 (No. 23) | ||
Broadcasting Act 2009 (No. 18) | ||
Companies Act 2014 (No. 38) | ||
Comptroller and Auditor General (Amendment) Act 1993 (No. 8) | ||
Data Protection Act 1988 (No. 25) | ||
Forestry Act 2014 (No. 31) | ||
Greyhound Industry Act 1958 (No. 12) | ||
Horse and Greyhound Racing (Betting Charges and Levies) Act 1999 (No. 24) | ||
Horse and Greyhound Racing Act 2001 (No. 20) | ||
Irish Horseracing Industry Act 1994 (No. 18) | ||
Veterinary Practice Act 2005 (No. 22) | ||
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Number 2 of 2016 | ||
HORSE RACING IRELAND ACT 2016 | ||
An Act to amend and extend the Irish Horseracing Industry Act 1994 , the Greyhound Industry Act 1958 , section 10 of the Animal Remedies Act 1993 , Veterinary Practice Act 2005 , section 2 of the Forestry Act 2014 and the Horse and Greyhound Racing Act 2001 , to repeal the Horse Racing Ireland (Membership) Act 2001 and section 2 of the Horse and Greyhound Racing (Betting Charges and Levies) Act 1999 , and to provide for related matters. | ||
[8 th February, 2016] | ||
Be it enacted by the Oireachtas as follows: | ||
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Definitions | ||
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1. In this Act— | ||
“Act of 1994” means Irish Horseracing Industry Act 1994 ; | ||
“Act of 1999” means Horse and Greyhound Racing (Betting Charges and Levies) Act 1999 ; | ||
“Act of 2001” means Horse and Greyhound Racing Act 2001 ; | ||
“HRI” means Horse Racing Ireland; | ||
“Minister” means Minister for Agriculture, Food and the Marine; | ||
“Racing Regulatory Body” has the same meaning as in section 2(1) (as amended by section 2 ) of the Act of 1994. | ||
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Amendment of definitions in section 2 of Act of 1994 | ||
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2. Section 2(1) of the Act of 1994 is amended by— | ||
(a) inserting before the definition of “betting office” the following: | ||
“ ‘betting intermediary’ means a person who, in the course of business, provides facilities that enable persons to make bets with persons (other than the first-mentioned person);”, | ||
(b) substituting for the definition of “integrity services” the following: | ||
“ ‘integrity services’ means those services operated by or on behalf of the Racing Regulatory Body for the purposes of enforcing discipline and ensuring that horses are run fairly and properly; | ||
‘jockeys’ and ‘qualified riders’ have the same meaning as in the Rules of Racing;”, | ||
(c) substituting for the definition of “Racing Regulatory Body” the following: | ||
“ ‘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, including point-to-point steeplechases, or | ||
(c) both, in relation to horseracing generally, | ||
and includes any limited company formed under the Companies Act 2014 by such body for the purpose of carrying out its functions under this Act;”, | ||
and | ||
(d) substituting for the definition of “Rules of Racing” the following: | ||
“ ‘Rules of Racing’ means, in relation to— | ||
(a) flat racing, the Rules of Racing as laid down by the Irish Turf Club, | ||
(b) national hunt racing, the Irish National Hunt Steeplechase Rules as laid down by the Irish National Hunt Steeplechase Committee, and | ||
(c) point-to-point steeplechases, the regulations for Point-to-Point Steeplechases issued by the Stewards of the Irish National Hunt Steeplechase Committee;”. | ||
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Increase of summary fine - Act of 1994 | ||
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3. Section 6 of the Act of 1994 is amended— | ||
(a) in subsection (4), by substituting for paragraph (a) the following: | ||
“(a) on summary conviction, to a class A fine, or”, | ||
and | ||
(b) by deleting subsection (5). | ||
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Membership of HRI | ||
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4. (1) The following is substituted for the Schedule (as amended by the Horse Racing Ireland (Membership) Act 2001 ) to the Act of 1994: | ||
“SCHEDULE | ||
Section 9 | ||
Horse Racing Ireland | ||
1. HRI shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property. | ||
2. HRI shall consist of a chairman and 13 ordinary members. | ||
3. The chairman and ordinary members of HRI shall be appointed by the Minister having regard to creating a balance between the different interests in the horseracing industry. | ||
4. The chairman may at any time resign his or her office by letter addressed to the Minister. | ||
5. The Minister may at any time remove the chairman from office. | ||
6. Subject to this Schedule, the chairman shall hold office on such terms and conditions as the Minister may determine. | ||
7. (1) There shall be paid by HRI to the chairman such remuneration and allowances (if any) for expenses as HRI thinks fit, subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform. | ||
(2) In determining the remuneration or allowances for expenses to be paid to its chairman, HRI shall have regard 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, HRI shall comply with any direction regarding such remuneration, allowances, terms or conditions which the Minister may give from time to time to HRI with the consent of the Minister for Public Expenditure and Reform. | ||
8. (1) Of the ordinary members of HRI— | ||
(a) 3 shall be nominees of the Racing Regulatory Body, | ||
(b) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of authorised racecourses, | ||
(c) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of racehorse breeders, | ||
(d) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of racehorse owners, | ||
(e) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of racehorse trainers, | ||
(f) 2 shall be nominated for appointment thereto by the industry services committee— | ||
(i) one of whom shall be the chairman of the committee, and | ||
(ii) one of whom shall be a representative of stable staff, | ||
(g) one shall be nominated for appointment thereto by the betting industry being the chairman of the betting committee, and | ||
(h) 3 shall be chosen by the Minister for their specific skill and competencies and one of whom, at least, shall be representative of the horseracing industry in Northern Ireland. | ||
(2) Subject to subparagraphs (3) and (4), persons nominated under subparagraph (1)(a) to (e) shall be elected at a general meeting of— | ||
(a) in the case of a person nominated under subparagraph (1)(a), the Racing Regulatory Body, or | ||
(b) in the case of a person nominated under subparagraph (1)(b) to (e), the interest concerned, | ||
specially convened for that purpose, upon adequate notice being given of the meeting by the Racing Regulatory Body or the interest concerned, as the case may be. | ||
(3) In the event of a dispute in respect of any aspect of the method of election to be carried out under subparagraph (2), the Minister shall decide the method. | ||
(4) The Minister may, as he or she considers appropriate, decide on or approve alternative arrangements for the election of persons to be nominated under subparagraph (1) (a) to (e) to those specified in subparagraph (2) where the need arises. | ||
(5) Where the Racing Regulatory Body or any persons referred to in subparagraph (1)(b) to (e) fail to make a nomination by such date as the Minister may require for nominations under subparagraph (1)(a) to (e) to be given to him or her, the Minister may appoint such person, in the absence of the nomination, as he or she decides. | ||
(6) Nominations under subparagraph (1)(a) to (g) and appointments under subparagraph (1)(h) shall, in so far as is practicable and having regard to relevant experience, create an equitable balance between men and women. | ||
9. Subject to this Schedule, each ordinary member of HRI shall hold office on such terms and conditions as the Minister may determine. | ||
10. (1) The term of office of the chairman shall be 5 years. | ||
(2) Subject to this paragraph, the term of office of an ordinary member of HRI shall be 4 years. | ||
(3) A member of HRI shall not serve in any capacity for more than 2 consecutive terms. | ||
11. (1) If a member of HRI dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of HRI to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of HRI who occasioned the casual vacancy. | ||
(2) A person appointed to be a member of HRI by virtue of this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and shall be eligible for re-appointment as a member of HRI. | ||
12. Subject to paragraph 10(3), a member of HRI whose term of office expires by effluxion of time shall be eligible for re-appointment as a member of HRI. | ||
13. Where a member of HRI, whose term of office has expired, has not been reappointed or may not be reappointed by virtue of having served 2 consecutive terms, the member shall continue in office until the vacancy occasioned by him or her is filled by the appointment of another person. | ||
14. The Minister may at any time remove an ordinary member of HRI from office. | ||
15. An ordinary member of HRI may resign his or her office as a member by letter addressed to the Minister. | ||
16. A member of HRI shall be disqualified from holding and shall cease to hold office if he or she— | ||
(a) is adjudged bankrupt or is sentenced by a court of competent jurisdiction to a term of imprisonment, | ||
(b) commits an offence under this Act, | ||
(c) is disqualified from holding any licence, permit or authorisation granted under this Act, or | ||
(d) is the subject of an exclusion notice under section 62. | ||
17. Each ordinary member of HRI shall be paid, out of moneys at the disposal of HRI, such remuneration (if any) and allowances for expenses incurred by him or her (if any) as HRI may with the consent of the Minister and the Minister for Public Expenditure and Reform determine. | ||
18. HRI shall hold such and so many meetings as may be necessary for the due execution of its functions. | ||
19. The quorum for a meeting of HRI shall be 7. | ||
20. At a meeting of HRI— | ||
(a) the chairman shall, if present, be the chairman of the meeting, and | ||
(b) if and so long as the chairman is not present or if the office of chairman is vacant, the members of HRI who are present shall choose one of their number to be chairman of the meeting. | ||
21. The chairman and each ordinary member of HRI present at a meeting thereof shall have a vote. | ||
22. Every question at a meeting of HRI shall be determined by a majority of the votes of the members present voting on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote. | ||
23. HRI may act notwithstanding one or more than one vacancy among its members. | ||
24. Subject to this Schedule, HRI shall regulate by standing orders or otherwise the procedure and business of HRI. | ||
25. The seal of HRI shall be authenticated by the signature of the chairman or some other member thereof authorised by HRI to act in that behalf and the signature of an officer of HRI authorised by HRI to act in that behalf. | ||
26. Judicial notice shall be taken of the seal of HRI and every document purporting to be a regulation, directive or other instrument made by HRI and to be sealed with the seal of HRI shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.”. | ||
(2) On the commencement of this section: | ||
(a) 2 members of HRI representing the Racing Regulatory Body, who were such members immediately upon such commencement, shall cease to be members of HRI and the Minister shall be informed of their names by the Racing Regulatory Body. If the Racing Regulatory Body fails to so inform the Minister within 21 days of the commencement of this section, the Minister shall remove 2 members representing the Racing Regulatory Body at the Minister’s discretion; | ||
(b) the members of HRI who were nominated by— | ||
(i) authorised bookmakers, and | ||
(ii) persons employed in the horseracing industry, | ||
who were such members immediately upon such commencement shall continue to be members of HRI for 3 months from such commencement following which the chairman of the industry services committee and chairman of the betting committee shall replace those members. If the industry services committee or the betting committee fail to elect a chairman within that period of time, the Minister shall appoint a person to HRI to act for such interests until such time as a chairman is elected. | ||
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Amendment of general functions of HRI | ||
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5. (1) The following section is substituted for section 10 of the Act of 1994: | ||
“10. (1) The general functions of HRI are— | ||
(a) to provide for the overall administration, governance, development and promotion of the Irish horseracing industry, other than the functions of the Racing Regulatory Body set out in section 39(1), including promoting and increasing attendance at authorised racecourses; | ||
(b) to provide a single structure for the administration and financial management of Irish horseracing. | ||
(2) The general functions of HRI include: | ||
(a) the processing of— | ||
(i) all charges, including the collection of licence fees for licences to be issued, and financial sanctions imposed, by the Racing Regulatory Body, imposed on participants in the horseracing industry, other than charges in respect of certifying of hunter certificates and the acceptance of horseracing entries and declarations for point-to-point steeplechases (which shall be paid to the organisers of the point-to-point steeplechases), and | ||
(ii) payments to participants in the horseracing industry; | ||
(b) the provision of registry office services including the following activities— | ||
(i) naming of horses, the issuing of horseracing passports and registration of matters relating to racehorses, including the registration of hunter certificates, | ||
(ii) horserace entries and declarations (other than point-to-point steeplechases), | ||
(iii) racing calendar publication, | ||
(iv) stakeholding of race entry funds and prize money for horseraces, and | ||
(v) registration of racehorse owners including racing colours; | ||
(c) the management of the development and promotion of the Irish horseracing industry (including the development of authorised racecourses, the guaranteeing of the costs of integrity services and prize money); | ||
(d) the promotion of the Irish thoroughbred horse; | ||
(e) representing Irish horseracing internationally in respect of its functions; | ||
(f) the provision of financial and other support, at its discretion, to— | ||
(i) maintain and improve the health and welfare status of the thoroughbred horse, and | ||
(ii) assist educational and other institutions and organisations in providing improved training and education facilities and courses for the thoroughbred horse industry to satisfy the training and educational needs of that industry at all levels; | ||
(g) the provision, at its discretion, of financial support for point-to- point steeplechases; | ||
(h) the making, at its discretion, of grants, loans or other disbursements to authorised racecourses; | ||
(i) the allocation of race-fixtures and the setting of race-programmes (other than point-to-point steeplechases); | ||
(j) the negotiation, in consultation with executives of authorised racecourses, of all income from media rights (within the meaning of section 10 (1) of the Horse and Greyhound Racing Act 2001 ); | ||
(k) the control of the operations of on-course authorised bookmakers; | ||
(l) the provision, maintenance to a specification agreed by HRI with the Racing Regulatory Body, and operation of mobile track equipment, including starting stalls, photo finish and camera patrol equipment and any other such equipment agreed from time to time between HRI and the Racing Regulatory Body and the provision to the Racing Regulatory Body of photographs, films, sound recordings and other connected materials or data generated by such equipment as required by the Racing Regulatory Body for its examination and use in the enforcement of the Rules of Racing; | ||
(m) the operation of racecourses which are owned or leased by HRI; | ||
(n) the management of any subsidiary of HRI; | ||
(o) the performance of any functions of the Racing Regulatory Body which may be transferred to HRI in the future by agreement of both parties and subject to the consent of the Minister. | ||
(3) HRI shall have all such powers as are necessary for or incidental to the performance of its functions under this Part and Part IV, including the power to issue directives setting protocols and procedures to carry out its functions under subsections (1) and (2). Any such directives, protocols or procedures shall be published by HRI. | ||
(4) HRI shall provide such information in relation to the activities mentioned in subsection (2)(a), (b), (c), (i), (k) and (l) to the Racing Regulatory Body as is necessary for the Racing Regulatory Body to fulfil its statutory functions. | ||
(5) HRI shall consult with the Racing Regulatory Body before issuing any directive. HRI may dispense with such consultation where it considers there is an urgency to make the directive and shall inform the Racing Regulatory Body accordingly.”. | ||
(2) The following are repealed: | ||
(a) section 10A of the Act of 1994; | ||
(b) section 2 of the Act of 1999; | ||
(c) section 8 of the Act of 2001. | ||
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Committees of HRI | ||
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6. (1) The following section is substituted for section 19 of the Act of 1994: | ||
“Race-fixtures committee | ||
19. (1) The committee (‘race-fixtures committee’) established by HRI to recommend the fixing of the annual list of race-fixtures to HRI other than point-to-point steeplechases continues in being. | ||
(2) The race-fixtures committee, when considering race-fixtures for a racecourse, shall, before recommending 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 the fixture to that racecourse, in the context of the best interests of the horseracing industry. | ||
(3) The chairman of the race-fixtures committee shall report to HRI on the activities of the race-fixtures committee. | ||
(4) The race-fixtures committee shall have not more than 5 members (including a chairman) and shall include at least one representative from the Racing Regulatory Body and one from authorised racecourses with such other members that HRI considers appropriate. | ||
(5) The chairman of the race-fixtures committee shall be appointed by HRI. | ||
(6) The membership of the race-fixtures committee shall be limited to members of HRI. | ||
(7) A member of the race-fixtures committee who fails to perform his or her functions may be removed at any time by HRI. | ||
(8) HRI may regulate the procedure of the race-fixtures committee. | ||
(9) There shall be paid out of the income of HRI to members of the race- fixtures committee such allowances for expenses (if any) incurred by them in the discharge of their functions as HRI may determine with the consent of the Minister and the Minister for Public Expenditure and Reform. | ||
(10) The secretariat and the executive functions in serving the work of the race-fixtures committee shall be provided by HRI. | ||
(11) HRI shall not be bound by any recommendation of the race-fixture committee and the final decision as to a race-fixture shall be taken by HRI.”. | ||
(2) The following sections are inserted after section 20 of the Act of 1994: | ||
“Industry services committee | ||
20A. (1) HRI shall establish a committee (‘industry services committee’) to identify and improve the requirements of those employed in the industry and represent the interests of such workers. | ||
(2) The chairman of the industry services committee shall report to HRI on the activities of the committee. | ||
(3) The industry services committee shall have not more than 5 members (including a chairman) who shall represent the interests of— | ||
(a) jockeys and qualified riders, | ||
(b) persons (other than stable staff) employed in the horseracing industry, and | ||
(c) stable staff. | ||
(4) HRI shall, having consulted with the industry services sector, determine the constituencies and method of election of members of the industry services committee. | ||
(5) The industry services committee shall elect a chairman from among the committee members. | ||
(6) The term of office of an ordinary member of the industry services committee shall be 4 years and no member shall serve for more than 2 consecutive terms. | ||
(7) The industry services committee may include persons who are not members of HRI. | ||
(8) A member of the industry services committee who fails to perform his or her functions may be removed at any time by HRI. | ||
(9) There shall be paid out of the income of HRI to members of the industry services committee such allowances for expenses (if any) incurred by them in the discharge of their functions as HRI may determine with the consent of the Minister and the Minister for Public Expenditure and Reform. | ||
(10) HRI may regulate the procedure of the industry services committee. | ||
(11) The secretariat and the executive functions relating to the work of the industry services committee shall be provided by HRI. | ||
Betting committee | ||
20B. (1) HRI shall establish a committee (‘betting committee’) to identify and improve the requirements of the betting sector generally. | ||
(2) The chairman of the betting committee shall report to HRI on the activities of the committee. | ||
(3) The betting committee shall have no more than 5 members (including a chairman) and members shall represent the interests of— | ||
(a) on-course betting operators, | ||
(b) off-course betting operators, and | ||
(c) betting intermediaries, | ||
licensed for such activities. | ||
(4) HRI shall, having consulted with the betting sector, determine the constituencies and method of election of members of the betting committee. | ||
(5) The betting committee shall elect a chairman from among the committee members. | ||
(6) The term of office of an ordinary member of the betting committee shall be 4 years and no member shall serve more than 2 consecutive terms. | ||
(7) The betting committee may include persons who are not members of HRI. | ||
(8) A member of the betting committee who fails to perform his or her functions may be removed at any time by HRI. | ||
(9) There shall be paid out of the income of HRI to members of the betting committee such allowances for expenses (if any) incurred by them in the discharge of their functions as HRI may determine with the consent of the Minister and the Minister for Public Expenditure and Reform. | ||
(10) HRI may regulate the procedure of the betting committee. | ||
(11) The secretariat and the executive functions relating to the work of the betting committee shall be provided by HRI.”. | ||
(3) Section 10 of the Act of 2001 is amended— | ||
(a) by substituting for subsections (1) and (2) the following: | ||
“(1) The committee (‘media rights committee’) established by HRI to negotiate, on behalf of HRI and all authorised racecourses, in relation to all contracts or arrangements made with any person in relation to the transmission or relaying of any broadcast (within the meaning of the Broadcasting Act 2009 ) or the photographing, filming or sound recording for commercial purposes (‘media rights’) of a race-fixture or part of a race-fixture continues in being. | ||
(2) Subject to subsections (3) and (4), the media rights committee shall consist of not more than 5 members appointed by HRI and may include members who are not members of HRI.”. | ||
(b) by inserting after subsection (4) the following: | ||
“(4A) A contract or arrangement referred to in subsection (1) shall not be made by the media rights committee without the agreement of the board of HRI and representatives of executives of authorised racecourses.”, | ||
and | ||
(c) by deleting subsections (9) and (10). | ||
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Prize money | ||
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7. The following section is substituted for section 26 of the Act of 1994: | ||
“26. (1) HRI shall, in respect of each horserace at a race-fixture at an authorised racecourse, approve the amount and form of any prize offered and, where the prize is in monetary form, make such deductions, as it sees fit, from the prize money in accordance with a directive of HRI under section 10(3). | ||
(2) HRI shall not alter a directive referred to in subsection (1) affecting trusts or charitable funds extant on the commencement of section 7 of the Horse Racing Ireland Act 2016, however so administered without the agreement of the person administering the trust or the fund.”. | ||
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Compliance by HRI with State Bodies Code of Practice, etc. | ||
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8. The following section is inserted after section 29 of the Act of 1994: | ||
“29A. (1) HRI (or a subsidiary of HRI) shall, whenever so requested by the Minister, furnish to him or her, information in relation to such matters as he or she may specify concerning, or relating to, the scope of its activities (including its compliance with the Code of Practice for the Governance of State Bodies issued by the Minister for Public Expenditure and Reform or other such codes or policy documents that may issue from time to time by a member of the Government), or its strategy, generally or in respect of any account prepared by HRI or any report specified in section 29(1) or the policy and activities, other than day to day activities, of HRI. | ||
(2) The Minister may give a direction to HRI in relation to its compliance with a code or policy document referred to in subsection (1). | ||
(3) The Minister may require HRI and the Racing Regulatory Body to agree procedures to ensure compliance with Government codes of practice, guidelines and policy documents and provision of financial and other information in relation to any matter funded by HRI.”. | ||
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Liability for foal levy | ||
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9. Section 38A (inserted by section 5 of the Act of 1999) of the Act of 1994 is amended by substituting for subsection (2) the following: | ||
“(2) Levy shall be paid by the owner or keeper (acting as an agent of the owner) of a thoroughbred foal born in the State in advance of registering the foal in a stud-book in the State. | ||
(2A) A person who maintains a stud-book may refuse to register a foal until the owner or keeper (acting as an agent of the owner) of the foal is able to provide proof that levy has been paid.”. | ||
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Companies of HRI | ||
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10. Section 36 of the Act of 1994 is amended by substituting for subsection (1) the following: | ||
“(1) HRI may, either by itself or with another person, with the consent of the Minister and the Minister for Public Expenditure and Reform, and subject to any conditions of either of those Ministers, establish or take part in the establishment of a company to perform any of the functions conferred upon it by this Act.”. | ||
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Rules of Racing | ||
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11. (1) Section 39 (as amended by section 7 of the Act of 2001) of the Act of 1994 is amended by substituting for subsection (1) the following: | ||
“(1) The Racing Regulatory Body continues in being and the general functions of that Body shall, for the purposes of this Act, be— | ||
(a) to be solely and independently responsible for the making and enforcing of the Rules of Racing, | ||
(b) to provide adequate integrity services to horseracing, | ||
(c) to ensure the provision of on-course integrity services by employing, monitoring and controlling the activities of horseracing officials, including the following— | ||
(i) inspectors of courses, | ||
(ii) clerks of the courses, | ||
(iii) clerks of scales, | ||
(iv) handicappers, | ||
(v) starters, | ||
(vi) judges, | ||
(vii) veterinary officers, | ||
(viii) medical officers, | ||
(ix) security officers, | ||
(x) stewards’ secretaries, | ||
(xi) veterinary assistants, and | ||
(xii) senior racing officials, | ||
(d) upon payment to HRI of the appropriate licence fee, 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, | ||
(e) to set charges for licences, registration of hunter certificates and participation in point-to-point steeplechases, in consultation with HRI, and in so doing to have regard to the annual budget agreed under section 42, | ||
(f) to make all decisions relating to doping control, forensics and handicapping in respect of horseracing, | ||
(g) to be responsible for the representation of Irish horseracing internationally in respect of its functions under this Act, | ||
(h) to develop codes of practice and assurance schemes for matters within its functions under this Act, and | ||
(i) to maintain the existing nature of point-to-point steeplechases, including making and enforcing the Irish National Hunt Steeplechase Regulations for point-to-point steeplechase as made by the Stewards of the Irish National Hunt Steeplechase Committee).”. | ||
(2) Section 42 (as amended by section 7 of the Act of 2001) of the Act of 1994 is amended by inserting after subsection (2) (inserted by section 7 of the Act of 2001) the following: | ||
“(3) HRI shall account for and pay, without undue delay or any set off, counterclaim or deduction, to the Racing Regulatory Body any funds received by it— | ||
(a) under section 39(1) (d), | ||
(b) as a result of registration of hunter certificates or registration of participants in point-to-point steeplechases, or | ||
(c) in the form of fines under the Rules of Racing, | ||
and such amounts shall be taken into consideration when determining a budget for integrity services under subsection (1) after appropriate deductions for the reasonable requirements of the Racing Regulatory Body to ensure it maintains appropriate independent functions and infrastructure.”. | ||
(3) Section 44 (as amended by section 7 of the Act of 2001) of the Act of 1994 is amended by substituting for subsection (1) the following: | ||
“(1) The Racing Regulatory Body shall consult with HRI when making or amending the Rules of Racing. The Racing Regulatory Body may dispense with such consultation where it considers there is an urgency to make the Rules of Racing and shall inform HRI accordingly.”. | ||
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Accounts, etc. of Racing Regulatory Body | ||
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12. The following section is inserted after section 39 of the Act of 1994: | ||
“39A. (1) The Racing Regulatory Body shall keep 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 in pursuance of this section shall be submitted not later than 3 months after the end of the financial year to which they relate by the Racing Regulatory Body to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the income and expenditure account, the balance sheet and such other (if any) accounts kept pursuant to this section as the Minister, after consultation with the Minister for Public Expenditure and Reform, may direct and a copy of the Comptroller and Auditor General’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. | ||
(3) The chief executive of the Racing Regulatory Body or a person acting in such a capacity shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on— | ||
(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Racing Regulatory Body is required by this Act to prepare, | ||
(b) the economy and efficiency of the Racing Regulatory Body in the use of its resources, | ||
(c) the systems, procedures and practices employed by the Racing Regulatory Body for the purpose of evaluating the effectiveness of its operations, and | ||
(d) any matter affecting the Racing Regulatory Body referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann. | ||
(4) The Racing Regulatory Body shall, whenever so requested by the Minister, furnish to him or her information in relation to such matters as he or she may specify concerning or relating to the scope of its activities under this Act (including its compliance with such codes or policy documents that may issue from time to time by a member of the Government) or its strategy, generally or in respect of any account prepared by it under subsection (1) or the policy and activities, other than day to day provision of integrity services. | ||
(5) The Racing Regulatory Body shall whenever requested by HRI, furnish information in relation to its functions under section 39 (including such information in relation to its income derived from its functions in order to assist HRI in determining annual budget requirements) as is specified in the request.”. | ||
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Bookmakers and betting | ||
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13. Part IV of the Act of 1994 is amended— | ||
(a) in section 47(1), by inserting in each place it occurs “or point-to-point steeplechase meeting” after “authorised racecourse”, | ||
(b) in section 48(1), by inserting “or point-to-point steeplechase meeting” after “authorised racecourse”, | ||
(c) in section 50(1), by inserting “or point-to-point steeplechase meeting” after “authorised racecourse”, | ||
(d) in section 51(1), by inserting “, point-to-point steeplechase meeting” after “authorised racecourse”, | ||
(e) in section 51(2), by inserting “, point-to-point steeplechase meeting” after “authorised racecourse”, | ||
(f) in section 51(4), by inserting “, a point-to-point steeplechase meeting” after “(or any part thereof)”, and | ||
(g) in section 54(1) (a) and (b), by inserting “or point-to-point steeplechase meeting” after “authorised racecourse” in each place it occurs. | ||
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Horse and Greyhound Racing Fund | ||
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14. Section 12 of the Act of 2001 is amended by substituting for subsection (9) the following: | ||
“(9) (a) Payments from the Fund by the Minister under subsection (6) shall be by instalments in accordance with paragraph (b). | ||
(b) The Minister shall determine the number and amount of instalments payable under paragraph (a) following assessment of the financial needs of HRI and Bord na gCon and in the event that the financial needs of either body alter significantly the Minister may alter the number and amount of the instalments. | ||
(c) The Minister may withhold any or all instalments or part of an instalment to either HRI or Bord na gCon where the Minister is of the opinion that— | ||
(i) the strategic plans submitted under subsection (10) by either HRI or Bord na gCon, as the case may be, are deficient or unreasonable, | ||
(ii) reasonable progress on the implementation of those plans has not been made, | ||
(iii) HRI has failed to provide any information requested by the Minister under section 29A of the Act of 1994, | ||
(iv) HRI has failed to comply with a direction of the Minister given under section 29A of the Act of 1994, | ||
(v) Bord na gCon has failed to provide any information requested by the Minister under section 19A of the Act of 1958, and | ||
(vi) Bord na gCon has failed to comply with a direction of the Minister issued under section 19A of the Act of 1958. | ||
(d) Where moneys are withheld under paragraph (c), these moneys shall remain in the Fund until the Minister is satisfied that the strategic plans are sufficient and reasonable or necessary progress is made or the direction or request, as the case may be, has been complied with.”. | ||
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Compliance by Bord na gCon with State Bodies Code of Practice | ||
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15. The following section is inserted after section 19 of the Greyhound Industry Act 1958 : | ||
“19A. (1) The Board shall, whenever so requested by the Minister, furnish to him or her, information in relation to such matters as he or she may specify concerning or relating to the scope of its activities (including its compliance with the Code of Practice for the Governance of State Bodies issued by the Minister for Public Expenditure and Reform or other such codes or policy documents that may issue from time to time by a member of the Government) or its strategy, generally or in respect of any account prepared by the Board under section 19 or the policy and activities, other than day to day activities, of the Board. | ||
(2) The Minister may give a direction to the Board in relation to its compliance with a code or policy document referred to in subsection (1). | ||
(3) The Minister may require the Board and the Club to agree procedures to ensure compliance with Government codes of practice, guidelines and policy documents and provision of financial and other information in relation to any matter funded by the Board.”. | ||
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Data sharing between HRI and Racing Regulatory Body | ||
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16. (1) HRI may provide data (including personal data) held by HRI for the purposes of section 10(1) (b) or (2) (a), (b), (c), (i), (k) or (l) of the Act of 1994 to the Racing Regulatory Body to the extent that it is necessary for the Racing Regulatory Body in order to carry out its functions under section 39 of the Act of 1994. | ||
(2) The Racing Regulatory Body shall process all data received from HRI as though it were received directly by the Body itself. | ||
(3) HRI shall before it provides data to the Racing Regulatory Body under subsection (1), inform by notice in writing any person to whom the data relates of its intention and that the person may object to the proposal within 14 days of the notice. | ||
(4) A person may, within the period of time specified in subsection (3), by notice in writing to HRI object to the transfer of personal data from HRI to the Racing Regulatory Body under subsection (1) and such data as is specified in the notice shall not be transferred. | ||
(5) HRI shall not be liable for any errors or omissions in relation to data provided to the Racing Regulatory Body and shall notify the Racing Regulatory Body of any objections received under subsection (4). | ||
(6) The Racing Regulatory Body may provide data (including personal data) held by the Racing Regulatory Body for the purposes of a provision referred to in subsection (1) to HRI to the extent that it is necessary for HRI in order to carry out its functions. | ||
(7) HRI shall process all data received from the Racing Regulatory Body as though it were received directly by HRI itself. | ||
(8) The Racing Regulatory Body shall before it provides data to HRI under subsection (6), inform by notice in writing any person to whom the data relates of its intention and that the person may object to the proposal within 14 days of the notice. | ||
(9) A person may, within the period of time specified in subsection (8), by notice in writing to the Racing Regulatory Body object to the transfer of personal data from the Racing Regulatory Body to HRI under subsection (6) and such data as is specified in the notice shall not be transferred. | ||
(10) The Racing Regulatory Body shall not be liable for any errors or omissions in relation to data provided to HRI and shall notify HRI of any objections received under subsection (9). | ||
(11) The Racing Regulatory Body may transfer data (including personal data) held by it for purposes of enforcing the Rules of Racing, the Animal Remedies Act 1993 or the Animal Health and Welfare Act 2013 to the Minister of Agriculture, Food and the Marine or the Revenue Commissioners for the purposes of enforcing the Rules of Racing or those Acts. | ||
(12) Section 2D(2)(a) (inserted by section 4 of the Data Protection (Amendment) Act 2003 ) of the Data Protection Act 1988 applies to any information transferred under this section. | ||
(13) HRI and the Racing Regulatory Body shall, before the commencement of subsections (1) and (6), notify any person likely to be affected by any transfer of personal data to which either subsection refers of its intention to transfer such data to the other body under this section on the commencement of the subsection concerned. | ||
(14) Where a notice in writing under subsection (3) or (8) relates to a class of persons to whom the data concerned relates, the notice may be published on the website of HRI or the Racing Regulatory Body, as the case may be, or in a newspaper published and circulating in the State (including a newspaper devoted to horseracing). | ||
(15) In this section “data” and “personal data” have the same meaning as they have, respectively, in section 1 (as amended by the Data Protection (Amendment) Act 2003 ) of the Data Protection Act 1988 . | ||
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Amendment of section 10 of Animal Remedies Act 1993 - authorised officers | ||
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17. Section 10 of the Animal Remedies Act 1993 is amended by substituting for subsection (1) the following: | ||
“(1) The Minister or a person authorised by the Minister in that behalf, may for the purposes of enforcing this Act, appoint in writing, such persons or classes of person as he or she considers appropriate to be authorised officers for the exercise of all or any of the functions conferred on an authorised officer under this Act as may be specified in the appointment and subject to such conditions as the Minister considers appropriate, including, but not limited to, conditions as to species of animal or activities involving animals (such as horse and greyhound racing).”. | ||
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Amendment of definition in section 2 of Forestry Act 2014 | ||
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18. Section 2 of the Forestry Act 2014 is amended by substituting for the definition of “forest road works” the following: | ||
“ ‘forest road works’ means the construction of a forest road or works ancillary to such construction (whether or not such construction involves the removal of trees);”. | ||
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Amendment of Veterinary Practice Act 2005 - mutual recognition | ||
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19. The Veterinary Practice Act 2005 is amended by— | ||
(a) in section 43(9)(b) (inserted by section 8 (1) of the Veterinary Practice (Amendment) Act 2012 )— | ||
(i) in subparagraph (iii), after “practitioner,” by deleting “and”, | ||
(ii) in subparagraph (iv), by inserting “and” after “nationality,”, and | ||
(iii) by inserting after subparagraph (iv) the following subparagraph: | ||
“(v) a declaration of his or her knowledge of the English language necessary for practising as a veterinary practitioner,”, | ||
and | ||
(b) in section 95A(4)(b) (inserted by section 8 (2) of the Veterinary Practice (Amendment) Act 2012 ) of that Act is amended— | ||
(i) in subparagraph (ii)(II), by substituting “1 year” for “2 years”, | ||
(ii) in subparagraph (iii), after “nurse,” by deleting “and”, | ||
(iii) in subparagraph (iv), by inserting “and” after “nationality,”, and | ||
(iv) by inserting after subparagraph (iv) the following subparagraph: | ||
“(v) a declaration of his or her knowledge of the English language necessary for practising veterinary nursing,”. | ||
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Repeal | ||
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20. The Horse Racing Ireland (Membership) Act 2001 is repealed. | ||
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Short title and commencement | ||
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21. (1) This Act may be cited as the Horse Racing Ireland Act 2016. | ||
(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions. |
