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IRISH HORSERACING INDUSTRY ACT, 1994
The Bookmakers Appeal Committee
Bookmakers Appeal Committee.
56. —(1) There shall, on the establishment day, be a committee (to be known as the Bookmakers Appeal Committee) to determine the appeals provided for by section 57 .
(2) The Bookmakers Appeal Committee shall consist of the following members—
(a) a chairman who shall be a judge or a practising barrister or solicitor of at least 7 years’ standing, and
(b) 4 ordinary members.
(3) The members of the Bookmakers Appeal Committee shall be appointed by the Minister and shall be eligible for re-appointment and each appointment shall, subject to subsection (5), be for a period of 3 years and, subject to the provisions of this section, each such member shall hold office as such member upon such terms and conditions as the Minister may determine at the time of his appointment.
(4) A member of the Bookmakers Appeal Committee may, by letter addressed to the Minister, resign his membership.
(5) The term of office of a member of the Bookmakers Appeal Committee appointed to fill a casual vacancy on the Committee shall be the remainder of the term of office of the member in relation to whom the vacancy occurred.
(6) Where the chairman of the Bookmakers Appeal Committee is temporarily unable to act, he shall appoint another member to act in his place.
(7) The quorum of the Bookmakers Appeal Commitee shall be 3.
(8) A determination shall not be made by the Bookmakers Appeal Committee unless a majority of the Bookmakers Appeal Committee hearing the appeal are in favour of the determination.
(9) A member of the Bookmakers Appeal Committee (other than a judge) shall be paid by the Authority such remuneration (if any) and allowances for expenses (if any) as the Authority determines, with the consent of the Minister and the Minister for Finance, and the expenses (including that of a judge) of the Committee shall, be paid by the Authority.
Appeals against decisions of Authority in relation to course-betting permits and course-betting representative permits.
57. —(1) Where the Authority refuses to grant a course-betting permit to a licensed bookmaker, or a course-betting representative permit to an authorised bookmaker or suspends or revokes a course-betting permit or a course-betting representative permit held by an authorised bookmaker, that bookmaker may within the period of 14 days beginning on the day on which the Authority decides on the refusal, suspension or revocation, appeal in writing to the Bookmakers Appeal Committee against the refusal, suspension or revocation.
(2) (a) The Bookmakers Appeal Committee, after conducting a hearing in relation to an appeal under this section, shall either refuse the appeal or—
(i) in the case of an appeal against the refusal of a permit, direct the Authority to grant a permit,
(ii) in the case of an appeal against the suspension of a permit, annul the suspension, vary the period of the suspension or the date on which it is to begin or both, or annul the suspension and direct the Authority to revoke a permit, or
(iii) in the case of an appeal against the revocation of a permit, annul the revocation or annul the revocation and direct the Authority to suspend the permit for a period beginning and ending on dates specified by the Committee.
(b) The Authority shall comply with a direction given under this section.
(3) At a hearing conducted by the Bookmakers Appeal Committee in relation to an appeal under this section—
(a) the appellant may appear in person or be represented by counsel, solicitor or agent,
(b) the Authority may be represented by counsel or solicitor or by an officer of the Authority,
(c) the appellant and the Authority may tender any evidence relevant to the appeal, and—
(i) the appellant may examine and re-examine witnesses called by him and cross-examine witnesses called by the Authority, and
(ii) the Authority may examine and re-examine witnesses called by it and cross-examine witnesses called by the appellant,
(d) if, in relation to any witness, the Bookmakers Appeal Committee so determines or either party to the appeal so requests, the Bookmakers Appeal Committee shall require the witness to be examined on oath (which the chairman is hereby empowered to administer).
(4) The Bookmakers Appeal Committee shall cause a hearing in relation to an appeal under this section to be held as soon as may be and shall cause not less than 14 days notice of the date, time and place of the hearing to be given to the appellant and the Authority.
(5) (a) The Bookmakers Appeal Committee may—
(i) summon witnesses to attend hearings conducted by it,
(ii) require any such witness to answer any question relevant to the appeal, and
(iii) require any such witness to produce to it any document or record (including, in the case of any such information in non-legible form, a copy or extract from such information in a permanent legible form) in his possession or control.
(b) A witness before the Bookmakers Appeal Committee shall be entitled to the same immunities and privileges as if he were a witness in the High Court, and claims of privilege and immunity shall be determined by the Committee.
(c) A summons under paragraph (a) (i) shall be signed by at least one member of the Bookmakers Appeal Committee.
(6) (a) A person on being duly summoned as a witness before the Bookmakers Appeal Committee shall appear as such witness, unless before the hearing he gives to the satisfaction of the Committee reasonable cause for not appearing at that hearing.
(b) A person being in attendance as a witness before the Bookmakers Appeal Committee shall—
(i) take any oath which the Committee may legally require him to take,
(ii) answer any question which the Committee may require him to answer under subsection (5) (a) (ii), and
(iii) produce any document or record in his possession or control which the Committee may require him to produce under subsection (5) (a) (iii).
Dissolution of Appeal Committee, etc.
58. —(1) On the establishment day the Appeal Committee (established under section 4 of the Act of 1975) shall stand dissolved.
(2) An appeal which, before the establishment day, is pending before the aforesaid Appeal Committee shall be heard and determined as if it was an appeal under section 57 .