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18 1994

IRISH HORSERACING INDUSTRY ACT, 1994

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.