Irish Horseracing Industry Act, 1994

Irish Horseracing Industry Act, 1994 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1994 Irish Horseracing Industry Act, 1994 Irish Horseracing Industry Act, 1994 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 18 of 1994 IRISH HORSERACING INDUSTRY ACT, 1994 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title. 2. Interpretation. 3. Establishment day. 4. Repeals. 5. Prosecution of summary offences. 6. Offences and penalties. 7. Laying of orders and regulations before Houses of Oireachtas. 8. Expenses of Minister. PART II The Irish Horseracing Authority 9. Establishment of Authority. 10. General functions of Authority. 11. Conferring of additional functions on Authority. 12. Charges by Authority. 13. Membership of either House of Oireachtas or of European Parliament by members or staff of Authority. 14. Disclosure by members of Authority of interests. 15. Disclosure by directors of subsidiaries of interests. 16. Disclosure by members of staff of certain interests. 17. Prohibition on unauthorised disclosure of information. 18. Committees. 19. Race-fixtures committee. 20. Race-programme committee. 21. Chief executive. 22. Staff of Authority. 23. Superannuation of staff of Authority. 24. Premises of Authority. 25. Application of funds of Authority. 26. Prize money. 27. Advances by Minister to Authority. 28. Accounts and audits of Authority. 29. Reports to Minister by Authority. 30. Borrowing by Authority. 31. Gifts. 32. Investments, joint ventures, etc. 33. Starting price. 34. Authority or company of Authority may hold and operate totalisator licence. 35. Company of Authority may hold and operate bookmakers licence. 36. Establishment of companies by Authority. 37. Authority may acquire, etc., shares in, and become member of, company. 38. Authority may establish, etc., racecourses. PART III The Racing Regulatory Body 39. Racing Regulatory Body. 40. Charges by Racing Regulatory Body. 41. Funds of Racing Regulatory Body. 42. Costs of integrity services. 43. Collection of fees and charges on behalf of Authority. 44. Alteration of Rules of Racing. 45. Appeals against sanctions of Racing Regulatory Body. 46. Racing Regulatory Body to determine whether race-fixtures may be held. PART IV Bookmakers and Betting 47. Prohibition of course-betting by bookmakers not holding permits from Authority. 48. Course-betting permits and course-betting representative permits. 49. Authorised officers. 50. Requirement to produce course-betting, or course-betting representative, permit to authorised officer. 51. Powers of entry, inspection, etc., of authorised officers and officers of customs and excise. 52. Obstruction of authorised officers or officers of customs and excise. 53. Regulations in relation to authorised bookmakers. 54. Levies payable by authorised bookmakers on course bets. 55. Regulations for payment of levies on course bets. PART V The Bookmakers Appeal Committee 56. Bookmakers Appeal Committee. 57. Appeals against decisions of Authority in relation to course-betting permits and course-betting representative permits. 58. Dissolution of Appeal Committee, etc. PART VI Authorised Racecourses 59. Authorised Racecourses. 60. Regulations in relation to executives of authorised race-courses. 61. Broadcasting and filming rights. 62. Exclusion of certain persons from racecourses. PART VII Amendment of Totalisator Act, 1929 63. Amendment of Totalisator Act, 1929. PART VIII Amendment of Betting Act, 1931 64. Amendment of Betting Act, 1931. PART IX Amendment of Licensing Acts, 1833 to 1988 65. Licensing of sale of intoxicating liquor at race-fixtures. 66. Restrictions of certain provisions of Licensing Acts, 1833 to 1988. 67. Search of racecourse by member of Garda Síochána. 68. Collective citation and commencement (Part IX). PART X Transfer of Assets and Liabilities of Racing Board to Authority 69. Dissolution of Racing Board. 70. Transfer of property and liabilities of Racing Board to Authority. 71. Preservation of certain continuing contracts and adaptation references to Authority in certain documents. 72. Pending legal proceedings. 73. Final accounts of Racing Board. 74. Transfer of totalisator licences. 75. Transfer of staff. 76. Exemption from stamp duties. 77. Continuance of instruments and documents, etc. SCHEDULE The Irish Horseracing Authority Number 18 of 1994 IRISH HORSERACING INDUSTRY ACT, 1994 AN ACT TO PROVIDE FOR THE IMPROVEMENT AND DEVELOPMENT OF THE HORSERACING INDUSTRY AND FOR THE BETTER CONTROL OF RACECOURSES AND FOR THIS AND OTHER PURPOSES TO ESTABLISH A BODY TO BE CALLED THE IRISH HORSERACING AUTHORITY, TO DEFINE ITS FUNCTIONS, TO MAKE PROVISION IN RELATION TO BOOKMAKERS ENGAGED IN COURSE BETTING AND TO IMPOSE LEVIES ON THEM IN RESPECT OF SUCH BETTING, TO ASSIGN FUNCTIONS TO THE IRISH TURF CLUB AND THE IRISH NATIONAL HUNT STEEPLECHASE COMMITTEE IN RELATION TO HORSERACING, TO DISSOLVE THE RACING BOARD AND TO TRANSFER ITS PROPERTIES, STAFF AND LIABILITIES TO THE IRISH HORSERACING AUTHORITY, TO DISSOLVE THE APPEAL COMMITTEE AND TO ESTABLISH A COMMITTEE TO BE CALLED THE BOOKMAKERS APPEAL COMMITTEE, TO REPEAL THE RACING BOARD AND RACECOURSES ACTS, 1945 AND 1975, TO AMEND AND EXTEND THE TOTALISATOR ACT, 1929 , THE BETTING ACT, 1931 , AND THE LICENSING ACTS, 1833 TO 1988, AND TO PROVIDE FOR CONNECTED MATTERS. [10th July, 1994] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title. 1.—This Act may be cited as the Irish Horseracing Industry Act, 1994. Interpretation. 2.—(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. Establishment day. 3.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act. Repeals. 4.—The Act of 1945 and the Act of 1975 are hereby repealed on the establishment day. Prosecution of summary offences. 5.—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. Offences and penalties. 6.—(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. Laying of orders and regulations before Houses of Oireachtas. 7.—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. Expenses of Minister. 8.—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. PART II The Irish Horseracing Authority Establishment of Authority. 9.—(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. (2) The provisions of the Schedule to this Act shall have effect with respect to the Authority. General functions of Authority. 10.—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. Conferring of additional functions on Authority. 11.—(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). Charges by Authority. 12.—(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). Membership of either House of Oireachtas or of European Parliament by members or staff of Authority. 13.—(1) Where a member of the Authority is— (a) nominated as a member of Seanad Éireann, 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 Éireann, 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. Disclosure by members of Authority of interests. 14.—(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. Disclosure by directors of subsidiaries of interests. 15.—(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. Disclosure by members of staff of certain interests. 16.—(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. Prohibition on unauthorised disclosure of information. 17.—(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. Committees. 18.—(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. Race-fixtures committee. 19.—(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. Race-programme committee. 20.—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. Chief executive. 21.—(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. Staff of Authority. 22.—(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. Superannuation of staff of Authority. 23.—(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. Premises of Authority. 24.—(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. Application of funds of Authority. 25.—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. Prize money. 26.—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. Advances by Minister to Authority. 27.—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. Accounts and audits of Authority. 28.—(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. Reports to Minister by Authority. 29.—(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. Borrowing by Authority. 30.—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. Gifts. 31.—(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. Investments, joint ventures, etc. 32.—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. Starting price. 33.—(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. Authority or company of Authority may hold and operate totalisator licence. 34.—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 . Company of Authority may hold and operate bookmakers licence. 35.—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 ). Establishment of companies by Authority. 36.—(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. Authority may acquire, etc., shares in, and become member of, company. 37.—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. Authority may establish, etc., racecourses. 38.—(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. PART III The Racing Regulatory Body Racing Regulatory Body. 39.—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. Charges by Racing Regulatory Body. 40.—(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. Funds of Racing Regulatory Body. 41.—(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. Costs of integrity services. 42.—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. Collection of fees and charges on behalf of Authority. 43.—(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. Alteration of Rules of Racing. 44.—The Racing Regulatory Body shall inform the Authority when making or amending any of the Rules of Racing. Appeals against sanctions of Racing Regulatory Body. 45.—(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. Racing Regulatory Body to determine whether race-fixtures may be held. 46.—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. PART IV Bookmakers and Betting Prohibition of course-betting by bookmakers not holding permits from Authority. 47.—(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 Síochána if he considers it necessary, remove (by reasonable force if necessary) the person from the racecourse. Course-betting permits and course-betting representative permits. 48.—(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. Authorised officers. 49.—(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. Requirement to produce course-betting, or course-betting representative, permit to authorised officer. 50.—(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. Powers of entry, inspection, etc., of authorised officers and officers of customs and excise. 51.—(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 off …