Horse Industry Act, 1970

Horse Industry Act, 1970 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 1970 Horse Industry Act, 1970 Horse Industry Act, 1970 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 Print Full ActPriontáil an tAcht Iomlán Number 19 of 1970 HORSE INDUSTRY ACT, 1970 ARRANGEMENT OF SECTIONS

PART I

Preliminary and General Section

Section 1

Short title.

Section 2

Definitions.

Section 3

Expenses.

Section 4

Establishment day.

Section 5

Laying of orders and regulations before Houses of Oireachtas.

Part II

Bord na gCapall

Section 6

Establishment of Board.

Section 7

Functions of Board.

Section 8

Members of Board.

Section 9

Chairman of Board.

Section 10

Seal of Board.

Section 11

Disclosure by member of Board of interest in proposed contract.

Section 12

Meetings and procedure of Board.

Section 13

Grants to Board.

Section 14

Miscellaneous powers of Board.

Section 15

Expenditure by Board.

Section 16

Investment by Board.

Section 17

Acquisition and disposal of land.

Section 18

Accounts and audits.

Section 19

Annual report and information to the Minister.

Section 20

Officers and servants of Board.

Section 21

Performance of functions of Board by officers or servants.

Section 22

Superannuation of officers and servants of Board.

Section 23

Membership of either House of Oireachtas by officer or servant of Board.

Section 24

Acceptance of gifts by Board.

Section 25

Committees of Board.

PART III

Licensing of Riding Establishments

Section 26

Power to restrict application of Part III.

Section 27

Interpretation (Part III).

Section 28

Licences.

Section 29

Provisions in relation to licences.

Section 30

Entry and inspection of premises.

Section 31

Miscellaneous offences.

Section 32

Penalties.

Section 33

Transfer of functions of Minister to Board.

Section 34

Commencement (Part III).

Act Referred to Public Offices Fees Act, 1879 1879, c. 58 Number 19 of 1970 HORSE INDUSTRY ACT, 1970 AN ACT TO PROVIDE FOR THE SETTING UP OF A BOARD TO BE KNOWN AS BORD NA gCAPALL WHICH SHALL ESTABLISH A NATIONAL CENTRE FOR TRAINING IN EQUITATION, ADVISE THE MINISTER FOR AGRICULTURE AND FISHERIES, AND PERFORM CERTAIN OTHER FUNCTIONS, IN RELATION TO THE BREEDING, SALE AND EXPORT OF HORSES AND ASSOCIATED ACTIVITIES (INCLUDING PARTICIPATION BY NATIONAL TEAMS IN, AND THE HOLDING IN THE STATE OF, INTERNATIONAL EQUESTRIAN COMPETITIONS), TO PROVIDE FOR THE LICENSING OF RIDING ESTABLISHMENTS AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [10th August, 1970.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General Short title.

1.—This Act may be cited as the Horse Industry Act, 1970.

Definitions.

2.—In this Act— “the Board” means Bord na gCapall established by this Act; “the establishment day” means the day appointed to be the establishment day for the purposes of this Act under section 4 of this Act; “functions” includes powers and duties, and references to the performance of functions include references to the exercise of powers; “horse” includes any mare, gelding, pony, foal, colt, filly or stallion and also any ass, mule or jennet; “licence” means a licence for the time being in force granted under section 28 of this Act; “the Minister” means the Minister for Agriculture and Fisheries; “premises” includes lands.

Expenses.

3.—Any 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 by the Oireachtas.

Establishment day.

4.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

Laying of orders and regulations before Houses of Oireachtas.

5.—Every order and regulation 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 twenty-one 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 under the order or regulation.

PART II

Bord Na gCapall Establishment of Board.

6.—(1) There shall, by virtue of this section, be established on the establishment day a board to be known as Bord na gCapall (in this Act referred to as the Board) to fulfil the functions assigned to it by this Act.

Functions of Board.

7.—(1) The functions of the Board shall be— (a) to advise the Minister— (i) in relation to the breeding, sale and export of horses and associated activities, (ii) in relation to the conditions to be attached to licences, (iii) in relation to the matters specified in paragraphs (b) to (k) of this subsection and any functions transferred to the Board under section 33 of this Act, (b) to co-ordinate (with the consent of the organisations or groups affected) the work of organisations or groups wholly or mainly concerned with the breeding of horses or equitation or matters connected with the matters aforesaid; (c) to establish, equip and operate or cause to be operated on its behalf a national centre or national centres for training in equitation; (d) to consult with the relevant equestrian organisations (if requested by them) about the choice of international equestrian competitions in which to enter Irish national teams or members thereof and, where such teams or members and the competitions for which they are entered are approved of by the Board, to assist the teams, or members, as the case may be in either or both of the following ways, that is to say, the provision of money to meet, in whole or in part, the costs of entering and taking part in the competitions or the provision of horses for use by the teams or members, as the case may be, in the competitions; (e) to encourage the holding of international equestrian competitions in the State and to assist, whether by the provision of money or otherwise, in the holding and running of such competitions; (f) to provide for the training of persons in the giving of instruction in equitation: (g) to co-ordinate and undertake publicity on horses; (h) to promote the organisation of sales of horses other than thoroughbred horses; (i) to promote and develop the export trade in horses other than thoroughbred horses; (j) to provide for persons outside the State an information service of such kind as it considers appropriate in relation to horses; (k) to establish and administer a scheme of apprenticeship in farriery; (l) to undertake such other functions as may be transferred or assigned to the Board under section 33 of this Act.

Members of Board.

8.—(1) The members of the Board shall be appointed by the Minister from time to time as occasion requires but shall not exceed eleven in number.

Chairman of Board.

9.—(1) The Minister may from time to time as occasion requires appoint a member of the Board to be chairman thereof.

Seal of Board.

10.—(1) The Board shall as soon as may be after its establishment provide itself with a seal.

Disclosure by member of Board of interest in proposed contract.

11.—A member of the Board who has— (a) any interest in any company with which the Board proposes to make any contract, or (b) any interest in any contract which the Board proposes to make, shall disclose to the Board the fact of the interest and the nature thereof, and shall take no part in any deliberation or decision of the Board relating to the contract, and the disclosure shall be recorded in the minutes of the Board.

Meetings and procedure of Board.

12.—(1) The Board shall hold such and so many meetings as may be necessary for the due fulfilment of its functions.

Grants to Board.

13.—(1) Subject to subsection (2) of this section, there may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Board in each financial year out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Finance and after consultation with the Board in relation to its programme of expenditure for that year, may fix.

Miscellaneous powers of Board.

14.—For the purpose of the due performance of its functions the Board may— (a) provide, equip and maintain offices and other premises, (b) purchase, take or let on lease or sell horses, (c) with the consent of the Minister, borrow money for capital or current purposes.

Expenditure by Board.

15.—The funds of the Board may be used— (a) for the payment of expenses incurred by it in the performance of its functions, and (b) for the making of payments, grants or loans for any purpose that, in the opinion of the Board, is conducive to the promotion and development of the export of horses (excluding thoroughbred horses).

Investment by Board.

16.—The Board may invest any of its funds (not being funds to which section 24

Acquisition and disposal of land.

17.—(1) The Board may acquire by agreement any land or any easement, wayleave or other right in respect of land.

Accounts and audits.

18.—(1) The Board shall keep in such form as may be approved by the Minister, with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it, including an income and expenditure account and a balance sheet, and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister, on his own motion, or at the request of the Minister for Finance, shall from time to time direct.

Annual report and information to the Minister.

19.—(1) The Board shall within ninety days after the end of each accounting period of the Board or such longer time as the Minister shall in any particular case allow, make a report to the Minister of its proceedings under this Act during the period, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

Officers and servants of Board.

20.—(1) The Board shall appoint such and so many persons to be officers and servants of the Board as the Board from time to time thinks proper.

Performance of functions of Board by officers or servants.

21.—The Board may perform any of its functions through or by any of its officers or servants duly authorised by the Board in that behalf.

Superannuation of officers and servants of Board.

22.—(1) As soon as conveniently may be after the establishment day, the Board shall prepare and submit to the Minister for Finance for his approval, a contributory scheme or contributory schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such wholetime officers or wholetime servants of the Board as it may think fit.

Membership of either House of Oireachtas by officer or servant of Board.

23.—(1) Where a person who is either an officer or a servant in the employment of the Board becomes a member of either House of the Oireachtas— (a) he shall during the period (in this section referred to as the secondment period) commencing upon his becoming entitled under the Standing Orders of that House to sit therein and ending either when he ceases to be a member of that House or, if it should sooner happen, upon his resignation or retirement from such employment or upon the termination of such employment by the Board, stand seconded from such employment, (b) he shall not be paid by, or entitled to receive from, the Board any remuneration or allowances in respect of the secondment period, (c) he shall not be entitled to reckon the whole or any part of the secondment period for any superannuation benefits payable under this Act.

Acceptance of gifts by Board.

24.—(1) The Board may accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donor.

Committees of Board.

25.—(1) The Board may from time to time establish committees to perform such (if any) of the functions of the Board as, in the opinion of the Board, may be better or more conveniently performed by a committee, and are assigned to a committee by the Board.

PART III

Licensing of Riding Establishments Power to restrict application of Part III.

26.—The Minister may by regulations under this section provide that this Part shall not apply to any class of riding establishment specified in the regulations (by reference to such matters, including the numbers of horses kept, as the Minister may consider appropriate), and this Part shall apply and have effect in accordance with the provisions of any regulations for the time being in force under this section.

Interpretation (Part III).

27.—(1) References in this Part to the keeping of a riding establishment shall be construed as references to the carrying on of a business of keeping horses for either or both of the following purposes, that is to say, the purpose of their being let out on hire for riding or the purpose of their being used in providing, in return for payment, instruction in riding.

Licences.

28.—(1) (a) Subject to the provisions of this Act, a person shall not keep a riding establishment except under and in accordance with a licence. (b) Paragraph (a) of this subsection shall not apply— (i) in relation to a person who kept a riding establishment immediately before the commencement of this Part, during the period of three months beginning on such commencement, (ii) in relation to a person who acquires, by purchase or otherwise, a riding establishment the subject of a licence, during the period of three months beginning on the date of such acquisition, or (iii) in relation to the personal representative of the holder of a licence, during the period of six months beginning on the date of the death of the holder.

Provisions in relation to licences.

29.—(1) In determining whether to grant or refuse to grant or revoke, as the case may be, a licence for the keeping of a riding establishment at any premises, the Minister shall in particular have regard to whether the person who is or will be keeping the establishment is, in the opinion of the Minister, suitable and qualified either by experience in the management of horses or otherwise to be the keeper of such an establishment and to the need for securing— (a) that there will be available at all times, for horses, accommodation suitable as respects construction, size, number of occupants, lighting, ventilation, drainage, and cleanliness, (b) that, in the case of horses maintained at grass, there will be maintained for them at all times during which they are so maintained adequate pasture and shelter, (c) that horses will be adequately supplied with food, drink and (except, in the case of horses maintained at grass, so long as they are so maintained) bedding material, and will be adequately exercised and rested and (so far as necessary) visited at suitable intervals, (d) that all reasonable precautions will be taken to prevent and control the spread among horses of infectious or contagious diseases, (e) that appropriate steps will be taken for the protection of horses in case of fire, (f) that horses will be maintained in a good state of health and that, in the case of a horse kept for the purpose of its being let out on hire for riding or a horse kept for the purpose of its being used in providing instruction in riding, the horse and any equipment to be supplied with it will be suitable for the purpose for which in that case it is kept, (g) that adequate accommodation will be provided for forage, bedding, stable equipment and saddlery, (h) that where horses are used for the purpose of providing in return for payment instruction in riding, the person giving the instruction shall have the necessary skill and ability for the purpose, and shall specify such conditions in the licence, if granted by him, as appear to the Minister necessary or expedient in the particular case for securing all the objects specified in paragraphs (a) to (h) of this subsection.

Entry and inspection of premises.

30.—(1) An officer of the Minister duly authorised in that behalf by the Minister or a member of the Garda Síochána may enter and inspect at all reasonable times— (a) premises where he has reason to believe a person is keeping a riding establishment, (b) premises to which a licence relates, and (c) premises in respect of which an application for a licence has been made and in relation to which the Minister has neither granted nor refused to grant the licence, and (i) may examine any horses thereon or any thing therein, (ii) may require any person having in his possession or control any records or documents relating to the premises or the business carried on there to produce such records or other documents, and (iii) may inspect, examine, copy or take extracts from them.

Miscellaneous offences.

31.—(1) If a person— (a) at a time when a horse is in such a condition that its riding would be likely to cause suffering to the horse, lets out the horse on hire or uses it for the purpose of providing, in return for payment, instruction in riding or for the purpose of demonstrating riding, (b) supplies for a horse which is let out on hire by him for riding, equipment which is used in the course of the hiring and suffers, at the time it is supplied, from a defect of such a nature as to be apparent on inspection and as to be likely to cause suffering to the horse or an accident to the rider, (c) fails to provide such curative care as may be suitable, if any, for a sick or injured horse which is kept by him with a view to its being let out on hire or used for a purpose mentioned in paragraph (a) of this subsection, (d) with intent to avoid inspection under section 30 of this Act, conceals, or causes to be concealed, any horse maintained on the premises to which the inspection relates, he shall be guilty of an offence under this Act.

Penalties.

32.—A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding one hundred pounds together with, in the case of a continuing offence, a further fine of ten pounds for each day on which the offence is continued.

Transfer of functions of Minister to Board.

33.—(1) The Minister may from time to time, if he so thinks fit, by order transfer to the Board any function conferred on him by this Part or assign to the Board such functions (in addition to the functions conferred on it by this Act) in relation to the breeding, sale and export of horses, equitation and matters connected with the matters aforesaid as he thinks fit.

Commencement. (Part III).

34.—This Part of this Act shall come into operation on such day as the Minister may appoint by order.

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