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18 1994

IRISH HORSERACING INDUSTRY ACT, 1994

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.