Number 12 of 1958.
GREYHOUND INDUSTRY ACT, 1958.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Board na gCon.
Provisions in relation to appointment, term of office, etc, of ordinary members of the Board. | |
Greyhound Racing.
The Irish Coursing Club.
Provisions Applicable to Bookmakers.
Prohibition of course betting by bookmakers not holding permits. | |
Miscellaneous.
Constitution of the Irish Coursing Club
Acts Referred to | |
No. 27 of 1931 | |
No. 22 of 1929 | |
No. 24 of 1925 | |
No. 38 of 1937 | |
No. 22 of 1929 | |
Number 12 of 1958.
GREYHOUND INDUSTRY ACT, 1958.
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Greyhound Industry Act, 1958.
Interpretation.
2.—(1) In this Act—
“authorised coursing ground” means a coursing ground at which authorised coursing meetings are held ;
“authorised coursing meeting” means a coursing meeting authorised by the Club ;
“authorised officer” means a person appointed in writing by the Board or the Club (as may be appropriate) to be an authorised officer for the purposes of this Act ;
“the Board” means Bord na gCon established by this Act ;
“the Club” means the Irish Coursing Club ;
“course bet” means—
(a) a bet entered into by a licensed bookmaker, during a greyhound race meeting held at a greyhound race track, on a greyhound race forming an item at that meeting, or
(b) a bet entered into by a licensed bookmaker, during an authorised coursing meeting (not being a meeting declared by the Board by regulations to be exempted as respects the levies provided for by this Act), on an event forming an item at that meeting ;
“course-betting permit” has the meaning assigned to it in section 29 ;
“the establishment day” means the day appointed to be the establishment day for the purposes of this Act by order of the Minister made under section 3 of this Act ;
“greyhound race” means a greyhound race (including trial and schooling) in which an object propelled by mechanical means is pursued;
“greyhound race track” means a greyhound race track on which greyhound races are held for reward ;
“greyhound race track licence” has the meaning specified in section 22 ;
“licensed bookmaker” means a person who is for the time being the holder of a bookmaker's licence issued to him under the Betting Act, 1931 (No. 27 of 1931) ;
“the Minister” means the Minister for Agriculture ;
“precincts” means, in relation to an authorised coursing ground, any place adjacent to that coursing ground to which the public habitually resort for the purpose of watching coursing ;
“prescribed” means prescribed by regulations made by the Board under this Act ;
“totalisator licence” means a licence granted under the Totalisator Act, 1929 (No. 22 of 1929).
(2) A reference in this Act to a contravention of any provision includes, where appropriate, a reference to contravention of that provision by failing or refusing to comply therewith.
Establishment day.
3.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.
Performance of functions of the Club.
4.—The functions vested in the Club by or under this Act shall be carried out—
(a) before the day appointed by the Minister under subsection (7) of section 26 of this Act—by the Standing Committee of the Club, and
(b) on and after that day—by the Executive Committee of the Club,
but, in the case of rules made under this Act, the rules shall not come into operation unless and until they are approved of at a general meeting of the Club.
Regulations and rules generally.
5.—(1) In all legal proceedings—
(a) the production of a document purporting to be a copy of any regulation made by the Board under this Act and to be certified to be a true copy by the chairman of the Board or the chief officer of the Board shall be sufficient evidence of the regulation and that any consultation requisite under this Act in relation thereto has been effected and no proof shall be required of the handwriting or official position of the person certifying the document,
(b) the production of a document purporting to be signed by an officer of the Minister and certifying that any specified regulation made by the Board under this Act was made with the consent of the Minister shall be sufficient evidence that the regulation was made with the consent of the Minister and no proof shall be required of the handwriting or official position of the person signing the document.
(2) In all legal proceedings—
(a) the production of a document purporting to be a copy of any rule made by the Club under this Act and to be certified to be a true copy by the president of the Club or the secretary of the Club shall be sufficient evidence of the rule and no proof shall be required of the handwriting or official position of the person certifying the document,
(b) the production of a document purporting to be signed by the president of the Club or the secretary of the Club and certifying that any specified rule made by the Club under this Act came into operation on a specified day shall be sufficient evidence that the rule came into operation on that day and no proof shall be required of the handwriting or official position of the person signing the document,
(c) the production of a document purporting to be signed by the chairman of the Board or the chief officer of the Board and certifying that any specified rule made by the Club under this Act was made with the consent of the Board shall be sufficient evidence that the rule was made with the consent of the Board and no proof shall be required of the handwriting or official position of the person signing the document.
(3) The Board may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed.
(4) Every regulation made by the Board 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 regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(5) Every rule made by the Club under section 25 or section 37 of this Act and approved of as provided for by section 4 of this Act shall be laid before each House of the Oireachtas as soon as may be after it is so approved of, and if a resolution annulling the rule is passed by either such House within the next twenty-one days on which that House has sat after the rule is laid before it, the rule shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(6) Nothing in this section shall be construed as limiting or affecting the operation of section 4 of the Documentary Evidence Act, 1925 (No. 24 of 1925).
PART II.
Bord na gCon.
Establishment of the Board.
6.—(1) There shall, by virtue of this section, be established on the establishment day a board to be styled and known as Bord na gCon to fulfil the functions assigned to it by this Act.
(2) The Board shall be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and power to sue and be sued in its corporate name and to hold land.
Constitution of the Board.
7.—The Board shall consist of seven members of whom one shall be the chairman and the others shall be ordinary members.
Chairman of the Board.
8.—(1) The chairman of the Board shall be appointed from time to time as occasion requires by the Minister after consultation with the Minister for Finance and, subject to subsection (2) of this section, he shall hold office at the pleasure of the Minister.
(2) The chairman of the Board may at any time resign his office by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.
(3) The chairman of the Board shall not be beneficially interested in the ownership, control or operation of greyhound race tracks, the holding or conduct of public sales of greyhounds or the training of greyhounds for reward or in bookmaking.
(4) The chairman of the Board shall be paid by the Board such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.
Provisions in relation to appointment, term of office, etc., of ordinary members of the Board.
9.—(1) The Minister shall, before the establishment day, appoint six persons (of whom three, but not more than three, shall be members of the Standing Committee of the Club) to be ordinary members of the Board and the term of office of every person so appointed shall commence on the establishment day, and if any such person dies before the establishment day, he shall be deemed, for the purposes of subsection (4) of this section, to have died on the establishment day.
(2) The Minister shall, in each fifth successive year after the year in which the establishment day falls, appoint six persons (of whom three, but not more than three, shall be members of the Executive Committee of the Club) to be ordinary members of the Board and the term of office of every person so appointed shall commence on the day next following the day of his appointment.
(3) Every member of the Board appointed under subsection (1) or subsection (2) of this section shall, unless he sooner dies, resigns, becomes disqualified or is removed, hold office until the expiration of the day on which the Minister next appoints, in pursuance of subsection (2) of this section, six persons to be ordinary members of the Board.
(4) Whenever an ordinary member of the Board dies, resigns, becomes disqualified or is removed—
(a) the Minister shall, as soon as conveniently may be, appoint another person to be a member of the Board,
(b) the person so appointed shall be a member of the Executive Committee of the Club if, immediately before the appointment, the number of the members of the Board who are members of the Executive Committee of the Club is less than three, and
(c) the person so appointed shall, unless he sooner dies, resigns, becomes disqualified or is removed, hold office until the expiration of the day on which the Minister next appoints, in pursuance of subsection (2) of this section, six persons to be ordinary members of the Board.
(5) An ordinary member of the Board shall be disqualified from holding and shall cease to hold office if he is adjudged bankrupt, or makes a composition or arrangement with his creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude, or, in the case of a member of the Executive Committee of the Club, if he ceases to be a member thereof.
(6) An ordinary member of the Board may at any time resign his office by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.
(7) The Minister may at any time, after consultation with the Minister for Finance, by order remove an ordinary member of the Board.
(8) An ordinary member of the Board whose term of office expires by effluxion of time shall be eligible for reappointment.
(9) An ordinary member of the Board shall be paid by the Board such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.
(10) Every appointment in pursuance of this section shall be made by the Minister after consultation with the Minister for Finance.
Meetings and procedure of the Board.
10.—(1) The Board shall hold such and so many meetings as may be necessary for the due fulfilment of its functions and the first meeting shall be held on, or as soon as conveniently may be after, the establishment day.
(2) The quorum for a meeting of the Board shall be four.
(3) At a meeting of the Board—
(a) the chairman of the Board shall, if present, be chairman of the meeting,
(b) if and so long as the chairman of the Board is not present or if the office of chairman is vacant, the members of the Board who are present shall choose one of their number to be chairman of the meeting.
(4) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.
(5) The Board may act notwithstanding one or more than one vacancy among its members.
(6) Subject to the provisions of this Act, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.
Officers and servants of the Board.
11.—(1) Subject to subsection (2) of this section, the Board may appoint such and so many officers and servants as it shall from time to time think proper.
(2) During the period of five years commencing on the establishment day, the appointment of any person to the post of chief officer of the Board shall be subject to the sanction of the Minister.
(3) The Board may at any time remove any officer or servant of the Board from being such officer or servant.
(4) There shall be paid by the Board to its officers and servants such remuneration and allowances as the Board may determine.
(5) An officer of the Board—
(a) shall not be beneficially interested in the ownership, control or operation of greyhound race tracks, the holding or conduct of public sales of greyhounds or the training of greyhounds for reward or in bookmaking, and
(b) when present on behalf of the Board at any race track meeting or coursing meeting, shall not engage in betting at the meeting or be beneficially interested in the ownership of a greyhound competing in a race or event at the meeting.
Offices of the Board.
12.—(1) For the purpose of providing offices and premises necessary for the due performance of its functions, the Board may—
(a) purchase or take on lease land,
(b) build, equip and maintain offices and premises.
(2) The Board may sell or lease any offices or premises held by it which are no longer required for the due performance of its functions.
Committees of the Board.
13.—(1) The Board may from time to time appoint such and so many committees as it thinks proper.
(2) The Board may delegate to a committee of the Board any of its functions which, in its opinion, can be better or more conveniently performed by a committee, and may regulate the procedure of any such committee.
(3) A committee of the Board shall consist of such number of members as the Board thinks proper and may, at the discretion of the Board, consist exclusively of persons who are members of the Board or partly of persons who are members of the Board and partly of persons who are officers of the Board.
(4) The acts of a committee of the Board shall be subject to confirmation by the Board save where the Board dispenses with the necessity for such confirmation.
Minutes.
14.—Minutes shall be kept of every meeting of the Board and of every meeting of any committee of the Board.
Seal of the Board.
15.—(1) The Board shall as soon as may be after its establishment provide itself with a seal.
(2) The seal of the Board shall be authenticated by the signature of the chairman of the Board or some other member thereof authorised by the Board to act in that behalf and the signature of an officer of the Board authorised by the Board to act in that behalf.
Application of funds of the Board.
16.—(1) The Board may apply its funds for all or any of the following purposes:
(a) the payment of expenses incurred by it in the exercise and performance of its powers and duties under this Act,
(b) the payment of any moneys in accordance with the terms of any totalisator licence held by it,
(c) the making of payments, grants or loans for all or any one or more of the following purposes:
(i) the increase of stake money and prizes at greyhound race meetings at greyhound race tracks and authorised coursing meetings,
(ii) the reduction of entry fees and similar charges in respect of greyhounds competing in events forming items at such meetings,
(iii) the carriage of greyhounds competing in such events,
(iv) the improvement of greyhound race tracks, authorised coursing grounds and the amenities thereof,
(v) the preservation of hares, and the care and management of hares in connection with authorised coursing meetings,
(vi) assisting the Club in the performance of its functions or contributing to the cost of schemes operated by the Club for the improvement and development of greyhound breeding and coursing,
(vii) any purpose conducive to the development of the export trade in greyhounds,
(viii) any other purpose conducive to the improvement and development of the greyhound industry.
(2) The Board may attach to any grant or loan made or proposed to be made by it under this section such conditions as the Board thinks proper.
Power of the Board to borrow.
17.—The Board may borrow such sums as it may require for the purposes of its functions, but the total amount due at any time in respect of such loans shall not, without the consent of the Minister, given with the concurrence of the Minister for Finance, exceed twenty-five thousand pounds.
Investment of funds of the Board.
18.—The Board may invest moneys in its hands from time to time in any manner in which moneys of the Post Office Savings Bank are authorised by law to be invested.
Accounts and reports of the Board.
19.—(1) The Board shall keep proper and usual accounts of all moneys received or expended by it.
(2) The Board shall, within ninety days after the end of each accounting period or such longer time as the Minister shall in any particular case allow, furnish to the Minister an abstract of the accounts of the Board for that accounting period and a report of its proceedings during that accounting period.
(3) The abstract of the accounts of the Board shall be in such form (if any) as the Minister, after consultation with the Minister for Finance, may direct and shall be certified by a duly qualified auditor appointed by the Board.
(4) The Minister shall lay copies of the abstract of the accounts and report of the Board for the accounting period before each House of the Oireachtas as soon as may be after they have been received by him.
(5) The Board shall furnish to the Minister such information with regard to the exercise of its powers and duties as the Minister may from time to time require.
Totalisator licence.
20.—(1) The Board may apply for and hold a totalisator licence.
(2) A condition prohibiting credit betting shall be attached to a totalisator licence granted to the Board.
PART III.
Greyhound Racing.
Restriction on operating greyhound race track.
21.—(1) After the appointed day, a person (other than the Board) shall not operate a greyhound race track except under a greyhound race track licence.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds and, in the case of a continuing offence, to a further fine not exceeding ten pounds for each day on which the offence is continued.
(3) The Board may by order appoint a day to be the appointed day for the purposes of this section.
Greyhound race track licences.
22.—(1) The Board may grant or, subject to subsections (2) and (3) of this section, refuse to grant an application for a licence to operate a greyhound race track (in this Act referred to as a greyhound race track licence).
(2) Where—
(a) an application for a greyhound race track licence is made in respect of a greyhound race track which was affiliated to the Club in the year 1957, and
(b) the application is not made after a greyhound race track licence previously granted in respect of that track has been revoked,
the application shall be granted.
(3) Where the Board proposes to refuse an application for a greyhound race track licence, the Board shall serve notice of the proposal on the applicant and shall, if any representations are made in writing by the applicant within seven days, consider the representations.
(4) Where an individual who is the licensee under a greyhound race track licence dies, the licence shall devolve upon the legal personal representative of the individual as part of his personal estate and the legal personal representative shall become and be for all purposes the licensee under the licence.
(5) Where the greyhound race track to which a greyhound race track licence relates has been transferred to or becomes vested in a person other than the licensee under the licence, the Board may, if it so thinks fit, on the application of the licensee or the legal personal representative or the liquidator of the licensee, transfer the licence to the person to or in whom the greyhound race track has been transferred or become vested.
Conditions attached to greyhound race track licence.
23.—(1) The Board may, on the grant of a greyhound race track licence, attach any condition to the licence.
(2) The Board may, by notice served on the licensee under a greyhound race track licence—
(a) revoke any condition attached to the licence,
(b) vary any condition attached to the licence,
(c) attach any new condition to the licence.
(3) Different conditions may be attached under this section to different licences and, in particular, the conditions may include—
(a) conditions as to the days on and the times at which races may take place,
(b) conditions as to the number of persons performing particular classes of functions on greyhound race tracks who must be in attendance at races,
(c) conditions as to the provision of suitable facilities to enable authorised officers in attendance at races duly to perform their functions,
(d) conditions as to permitting the Board to set up, maintain and work totalisators on greyhound race tracks on such sites as the Board may decide to be suitable and, where they are set up, as to provision by licensees of suitable arrangements for bookmakers in places convenient and suitable for carrying on their business (such arrangements to be determined, in default of agreement between bookmakers and licensees, by the Board).
(4) The Board shall not, pursuant to a condition referred to in paragraph (d) of subsection (3) of this section, decide that a site is suitable for a totalisator save after consultation with the licensee concerned.
(5) Notwithstanding any of the foregoing provisions of this section, there shall be attached to every greyhound race track licence (and the licence shall be expressed accordingly) a condition that races shall not be held on Christmas Day, Good Friday or any Sunday.
(6) Where the licensee under a greyhound race track licence does not comply with any condition attached to the licence, he shall, without prejudice to the power to suspend or revoke the licence, be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.
Revocation or suspension of greyhound race track licence.
24.—(1) Where—
(a) the licensee under a greyhound race track licence fails to comply with a condition attached to the licence,
(b) the licensee under a greyhound race track licence is convicted of an offence under this Act, or
(c) the Board is satisfied that the greyhound race track to which a greyhound race track licence relates is conducted in a disorderly manner, is in a condition dangerous to persons frequenting the track or has ceased to be used for greyhound races,
the Board may, subject to subsection (2) of this section, suspend for such time as it thinks fit or revoke the licence.
(2) Where the Board proposes to suspend or revoke a greyhound race track licence, the Board shall serve notice of the proposal on the licensee and shall, if any representations are made in writing within seven days, consider the representations.
Regulations and rules in relation to greyhound race tracks.
25.—(1) The Board may by regulations make provision with respect to the establishment, layout, construction, maintenance, equipment, use, management and control of greyhound race tracks and the conduct generally of greyhound races at such tracks.
(2) In particular and without prejudice to the generality of subsection (1) of this section, regulations under this section may provide for—
(a) prohibiting persons from performing the functions of racing manager, handicapper, judge, steward, time-keeper or hare-driver on greyhound race tracks save under and in accordance with permits granted by the Board at its discretion,
(b) the making by the Board of charges in respect of the grant, retention or renewal of such permits,
(c) the attachment of conditions to permits,
(d) the suspension and revocation of such permits,
(e) requiring the provision of persons to perform specified functions on greyhound race tracks and prohibiting greyhound races except when such persons and specified officers of the Board are in attendance,
(f) prohibiting persons performing specified classes of functions on greyhound race tracks from having any beneficial interest in the income of the respective greyhound race tracks or in the ownership of greyhounds raced thereon or from betting on greyhound races thereon,
(g) prohibiting licensees under greyhound race track licences and persons performing specified functions on greyhound race tracks from having any beneficial interest in bookmaking on the respective greyhound race tracks,
(h) the periods of the year during which greyhound races on greyhound race tracks may take place,
(i) the refusal of entries for races at greyhound race tracks in the case of greyhounds in respect of which disqualification orders under section 45 of this Act are in force,
(j) the procedure as to, and the conditions precedent to, the acceptance of greyhounds for, and their participation in, races at greyhound race tracks,
(k) the procedure as to the grading of greyhounds for participation in races at greyhound race tracks and the conditions precedent to their acceptance for, and their participation in, graded races,
(l) the publication, by licensees under greyhound race track licences, and sale of race cards for races at greyhound race tracks and the information to be given in the cards both as regards the greyhounds participating in races and otherwise,
(m) the keeping and the supervision of greyhounds immediately before and after their participation in races at greyhound race tracks,
(n) the manner of starting, operating the mechanism of, timing and judging of races at greyhound race tracks,
(o) the recording and publication by licensees under greyhound race track licences of information relating to the participation and performance (including behaviour) of greyhounds in races at greyhound race tracks,
(p) requiring the keeping in relation to greyhound race tracks of specified books, accounts and records,
(q) requiring the production of such books, accounts and records and permitting inspection of and taking of copies of or extracts from such books, accounts and records,
(r) requiring the furnishing to the Board of specified returns and information in relation to greyhound race tracks.
(3) Where, pursuant to paragraph (f) of subsection (2) of this section, the Board proposes to make regulations prohibiting persons performing any of the functions mentioned in paragraph (a) of that subsection from having any beneficial interest in the income of greyhound race tracks, the Board shall serve notice of the proposal on every licensee under a greyhound race track licence and shall, if any representations are made in writing by any such licensee within twenty-eight days, consider the representations.
(4) If, in relation to a greyhound race track, there is a contravention of any regulation under this section, the licensee under the greyhound race track licence relating to the track shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
(5) The Club may by rules make provision with respect to the use, management and control of greyhound race tracks and the conduct generally of greyhound races at such tracks.
(6) In particular and without prejudice to the generality of subsection (5) of this section, rules under this section may provide for—
(a) requiring the provision of persons to perform specified functions on greyhound race tracks and prohibiting greyhound races except when such persons and specified officers of the Club are in attendance,
(b) the periods of the year during which greyhound races on greyhound race tracks may take place,
(c) the refusal of entries for races at greyhound race tracks in the case of greyhounds in respect of which disqualification orders under section 45 of this Act are in force,
(d) the procedure as to, and the conditions precedent to, the acceptance of greyhounds for, and their participation in, races at greyhound race tracks,
(e) the procedure as to the grading of greyhounds for participation in races at greyhound race tracks and the conditions precedent to their acceptance for, and their participation in, graded races,
(f) the publication, by licensees under greyhound race track licences, and sale of race cards for races at greyhound race tracks and the information to be given in the cards both as regards the greyhounds participating in races and otherwise,
(g) the keeping and the supervision of greyhounds immediately before and after their participation in races at greyhound race tracks,
(h) the manner of starting, operating the mechanism of, timing and judging of races at greyhound race tracks,
(i) the recording and publication by licensees under greyhound race track licences of information relating to the participation and performance (including behaviour) of greyhounds in races at greyhound race tracks.
(7) If, in relation to a greyhound race track, there is a contravention of any rule under this section, the licensee under the greyhound race track licence relating to the track shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
(8) Rules under this section shall not be made before the day appointed by the Minister under subsection (7) of section 26 of this Act.
PART IV.
The Irish Coursing Club.
The Irish Coursing Club.
26.—(1) The constitution of the Club shall be that set forth in the Schedule to this Act, subject to any alterations which, with the prior written consent of the Board, may from time to time be duly made therein.
(2) The Club is hereby recognised as being, subject to the provisions of this Act and of the constitution of the Club and subject to the general control and direction of the Board, the controlling authority for the breeding and coursing of greyhounds.
(3) The Board may advise and assist the Club in connection with any activities or measures conducive to the better implementation by the Club of its constitution and rules, to the better discharge by the Club of its functions or to the improvement and development of the greyhound industry.
(4) It shall be the duty of the Club to keep such books, accounts and records as may be approved of by the Board and to furnish to the Board such information in relation to the Club's activities as the Board may require.
(5) Rules made by the Club shall require the consent of the Board.
(6) During the period of three years beginning on the commencement of this section, appointments of members of the Executive Committee of the Club shall be carried out subject to the supervision of the Board.
(7) This section shall come into operation on such day after the establishment day as the Minister appoints by order.
PART V.
Provisions Applicable to Bookmakers.
Chapter I.
Restrictions on bookmakers carrying on business at greyhound race tracks and authorised coursing meetings.
Appointed day.
27.—(1) The Minister may by order appoint a day to be the appointed day for the purposes of this Chapter.
(2) References in this Chapter to the appointed day shall be construed as references to the day appointed by order under this section.
Prohibition of course betting by bookmakers not holding permits.
28.—(1) On and after the appointed day, it shall not be lawful for any person to carry on the business of a bookmaker at any greyhound race track or at any authorised coursing meeting or in the precincts thereof, unless such person is the holder of a course-betting permit.
(2) If any person acts in contravention of this section, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.
(3) Where, on or after the appointed day, a person who is not the holder of a course-betting permit is found carrying on the business of a bookmaker at any greyhound race track, any person acting under the direction of the Board or the licensee under the greyhound race track licence relating to such track may remove such first-mentioned person therefrom and for this purpose may use such force as may be reasonably necessary.
(4) Where, on or after the appointed day, a person who is not the holder of a course-betting permit is found carrying on the business of a bookmaker at any authorised coursing meeting, any person acting under the direction of the Board or the person holding such meeting may remove such first-mentioned person from the coursing ground and for this purpose may use such force as may be reasonably necessary.
Course-betting permits.
29.—(1) The Board may grant or, subject to subsection (3) of this section, refuse to grant an application by a licensed bookmaker for a permit (in this Act referred to as a course-betting permit) authorising him to carry on the business of bookmaker at greyhound race tracks and at authorised coursing meetings and in the precincts thereof.
(2) The Board may at any time, subject to subsection (3) of this section, suspend for such time as it thinks fit or revoke a course-betting permit.
(3) Where the Board proposes to refuse an application for a course-betting permit or to suspend or revoke a course-betting permit, the Board shall serve notice of the proposal on the applicant or holder and shall, if any representations are made in writing by the applicant or holder within seven days, consider the representations.
(4) Where a person to whom a course-betting permit is granted ceases to be a licensed bookmaker, the course-betting permit shall, for the purposes of this Act, be deemed, by virtue of this subsection, to have been revoked upon such cesser.
Production of course-betting permits on demand.
30.—(1) Any authorised officer of the Board (subject to production by him if so required of his appointment) may, on or after the appointed day, demand of any person, whom he observes to be engaged in or carrying on the business of a bookmaker at any greyhound race track or at any authorised coursing meeting or in the precincts thereof, the production of his course-betting permit, and if that person refuses or fails to produce such permit or produces such permit, but refuses or fails to permit the authorised officer to read it, he shall be guilty of an offence.
(2) Whenever any person of whom the production of his course-betting permit is lawfully demanded under this section refuses or fails to produce such permit, or produces such permit but fails or refuses to permit the authorised officer of the Board making the demand to read and examine such permit, the authorised officer may demand of such person his name and address and if such person refuses to give his name or fails or refuses to give his address, or gives a name or address which is false or misleading, he shall be guilty of an offence.
(3) Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding twenty pounds.
(4) A person who, when the production of his course-betting permit is lawfully demanded of him under this section, does not produce such permit because he is not the holder of a course-betting permit shall be deemed to fail to produce his course-betting permit within the meaning of this section.
Chapter II.
Levies on bookmakers in respect of course bets.
Commencement of subsequent sections of this Chapter etc.
31.—(1) The following provisions shall have effect in relation to the subsequent sections of this Chapter of this Part of this Act:
(a) they shall come into operation on such day as may be specified by the Minister by order made with the consent of the Minister for Finance,
(b) at any time while they are in operation, whether by virtue of an order under paragraph (a) or paragraph (c) of this subsection, the Minister may by order made with the consent of the Minister for Finance terminate their operation as on and from a specified day,
(c) at any time while they are not in operation consequent upon an order under paragraph (b) of this subsection, the Minister may by order made with the consent of the Minister for Finance bring them into operation again on a specified day.
(2) Subsections (1) and (2) of section 21 of the Interpretation Act, 1937 (No. 38 of 1937), shall apply to and have effect in relation to a termination, by order under paragraph (b) of subsection (1) of this section, of the operation of the subsequent sections of this Chapter of this Part of this Act as if the termination were a repeal by an Act of the Oireachtas passed on the day on which the termination takes effect and those sections were repealed by that Act as on and from that day.
Levies payable by licensed bookmakers on course bets.
32.—(1) Every person who, as a licensed bookmaker, enters into a course bet on or after the commencement of this section shall pay to the Board a levy calculated at the rate of the prescribed percentage for the time being of the amount of the course bet and, if the event the subject of the bet is determined in favour of the person with whom the bookmaker enters into the bet, the bookmaker shall, from the total amount which he would otherwise pay or credit to that person in respect of the bet, make a deduction calculated at the rate of that percentage of that total amount.
(2) For the purposes of this section the amount of a course bet shall be taken to be the sum which, by the terms of the bet, the bookmaker by whom it is entered into will be entitled to receive, retain or take credit for if the event the subject of the bet is determined in his favour.
(3) Whenever it is proved to the satisfaction of the Board that a course bet in respect of which a levy under this section is payable has become void for any reason other than the mutual consent of the parties thereto or that the amount of the course bet in respect of which a levy under this section is payable has not been and is not likely to be collected by the bookmaker, the Board may, subject to such conditions as it thinks fit to impose, either (as the case may require) repay the levy paid or remit the levy chargeable in respect of the course bet.
(4) Every person who fails or neglects to pay any sum payable by him in respect of a levy under this section shall (without prejudice to proceedings under subsection (5) of this section) be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
(5) Every levy under this section payable by any person shall (without prejudice to proceedings under subsection (4) of this section) be recoverable from that person by the Board as a simple contract debt in any court of competent jurisdiction.
(6) Regulations for the purposes of this section shall require the consent of the Minister.
Regulations for payment of levies on course bets.
33.—(1) The Board may make regulations for securing the payment of levies under section 32 of this Act and generally for carrying the provisions of this Chapter in relation to levies into effect and in particular for—
(a) requiring bookmakers who are liable to pay levies—
(i) to enter, in the prescribed manner and at the prescribed time, particulars of all course bets in the prescribed records,
(ii) to retain the records for the prescribed time,
(iii) to send, on the request of the Board, the records to the Board for its inspection,
(iv) to furnish copies of the records to the Board at such time or times as may be prescribed ;
(b) the supply, use and supervision of levy paid betting sheets and the making of refunds in respect of unused or partly used such sheets ;
(c) entering into arrangements by the Board with and taking security from bookmakers desiring to pay levies on the basis of returns furnished by them ;
(d) the granting to bookmakers by the Board of remissions or refunds (as the case may require) of a levy in cases in which the whole or any part of the contingent liability of a bookmaker in respect of a course bet made, laid or otherwise entered into by him is shown to the satisfaction of the Board to have been transferred to another bookmaker by means of a fresh bet made, laid or otherwise entered into by the first-mentioned bookmaker with the second-mentioned bookmaker.
(2) If any person—
(a) contravenes a regulation under this section, or
(b) makes, in any record kept in pursuance of any regulation under this section, any false entry with regard to a course bet,
that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
(3) Regulations for the purposes of this section shall require the consent of the Minister.
Inspection of document in bookmakers' premises.
34.—(1) An authorised officer of the Board may (subject to the production by him if so required of his appointment) at any time enter any premises of the holder of a course-betting permit in which the business of bookmaking is carried on and there search for, inspect and take copies of or extracts from any documents there found relating or believed by such authorised officer to relate to course bets entered into by the person engaged in the said business and may require any person found in such premises to produce all documents in such premises relating to such course bets.
(2) Every person who resists, obstructs or impedes an authorised officer of the Board in the exercise of any power conferred on him by this section or refuses without lawful or sufficient excuse to produce any document which he is required by an authorised officer of the Board under this section to produce shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
Inspection of books, etc.
35.—(1) Where an authorised officer of the Board observes that a person is engaged in or carrying on the business of bookmaker at any greyhound race track or at any authorised coursing meeting or in the precincts thereof, he may (subject to the production by him if so required of his appointment) require that person to produce to him forthwith, and permit him to inspect and take copies of, or extracts from, any document then in that person's possession and used for the purpose of such business.
(2) Every person who fails or refuses to do anything which he is required under subsection (1) of this section by an authorised officer of the Board to do shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.
PART VI.
Miscellaneous.
Regulations in relation to coursing.
36.—(1) The Board may, after consultation with the Club, make regulations providing for—
(a) prohibiting persons from performing the functions of judge, slipper or steward at authorised coursing meetings save under and in accordance with permits granted by the Board at its discretion,
(b) the making by the Board of charges in respect of the grant, retention or renewal of permits,
(c) the attachment of conditions to permits,
(d) the suspension and revocation of such permits,
(e) prohibiting persons performing specified classes of functions at authorised coursing meetings from having any beneficial interest in bookmaking at such meetings or in the ownership of greyhounds participating in events forming items at such meetings,
(f) the refusal of entries for events forming items at authorised coursing meetings in the case of greyhounds in respect of which disqualification orders under section 45 of this Act are in force.
(2) If, in relation to an authorised coursing meeting, there is a contravention of any regulation under this section, the person holding the meeting shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
Training of greyhounds for reward.
37.—(1) The Board may make regulations for the control of the training of greyhounds for reward.
(2) Regulations under this section may, in particular, make provision for—
(a) prohibiting persons from training greyhounds for reward save under and in accordance with licences granted by the Board at its discretion,
(b) the making by the Board of charges in respect of the grant, retention or renewal of licences,
(c) the attachment of conditions to licences,
(d) the suspension and revocation of such licences,
(e) the keeping of records by licensees and the production of such records for inspection and taking of copies or extracts by authorised officers of the Board,
(f) the furnishing of information to the Board by licensees.
(3) A person who contravenes a regulation under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
(4) The Club may make rules for the control of the training of greyhounds for reward.
(5) Rules under this section may, in particular, make provision for—
(a) prohibiting persons from training greyhounds for reward save under and in accordance with licences granted by the Club at its discretion,
(b) the making by the Club of charges in respect of the grant, retention or renewal of licences,
(c) the attachment of conditions to licences,
(d) the suspension and revocation of licences,
(e) the keeping of records by licensees and the production of such records for inspection and taking of copies or extracts by authorised officers of the Club,
(f) the furnishing of information to the Club by licensees.
(6) A person who contravenes a rule under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
(7) Rules under this section shall not be made before the day appointed by the Minister under subsection (7) of section 26 of this Act.
Public sales of greyhounds.
38.—(1) The Board may make regulations for the control of the holding and conduct of public sales of greyhounds.
(2) Regulations under this section may, in particular, make provision for—
(a) prohibiting persons from holding public sales of greyhounds save under and in accordance with licences granted by the Board at its discretion,
(b) the making by the Board of charges in respect of the grant, retention or renewal of licences,
(c) the attachment of conditions to licences,
(d) the suspension and revocation of licences,
(e) the keeping of records by licensees and the production of such records for inspection and taking of copies or extracts by authorised officers of the Board,
(f) the furnishing of information to the Board by licensees,
(g) the procedure as to, and the conditions precedent to, the acceptance of greyhounds for sale.
(h) the prohibiting of persons from acting as auctioneers at sales save under and in accordance with permits granted by the Board at its discretion or when otherwise approved of by the Board, or save when appointed by the Board as auctioneers,
(i) the making by the Board of charges in respect of the grant, retention or renewal of permits,
(j) the attachment of conditions to permits,
(k) the suspension and revocation of permits,
(l) the publication by persons holding public sales of greyhounds of catalogues of sales and the information to be given therein both as regards greyhounds for sale and otherwise,
(m) the recording and publication by persons holding public sales of greyhounds of information relating to the results of sales,
(n) the furnishing of documents (including certificates and guarantees) to persons purchasing greyhounds at sales.
(3) An application for a licence, permit or approval under regulations under this section shall be in the prescribed form and the Board shall consider and make a decision on the application as soon as may be after it is received.
(4) A person who contravenes a regulation under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
Artificial insemination of greyhounds.
39.—(1) The Board may, after consultation with the Club and with the consent of the Minister, make regulations controlling the practice of artificial insemination of greyhounds.
(2) Regulations under this section may, in particular, make provision for—
(a) prohibiting persons from engaging in the artificial insemination of greyhounds save under and in accordance with licences granted by the Board at its discretion,
(b) the making by the Board of charges in respect of the grant, retention or renewal of licences,
(c) the attachment of conditions to licences,
(d) the suspension and revocation of licences,
(e) the keeping of records by licensees and the production of such records for inspection and taking of copies or extracts by authorised officers of the Board,
(f) the furnishing of information to the Board by licensees.
(3) A person who contravenes a regulation under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
Regulations in relation to totalisators.
40.—(1) The Board may, with the consent of the Minister, make regulations providing for the charging by the Board of fees (which may be a series of periodical payments of fixed or variable amounts) to be paid by licensees under greyhound race track licences where the Board maintains totalisators on the greyhound race tracks to which such licences relate.
(2) The Board may, with the consent of the Minister, make regulations providing for the sums and levies to be collected by the Board out of moneys staked by means of totalisators maintained by the Board.
(3) The Board may make regulations for regulating and controlling the use by the public of totalisators maintained by the Board.
(4) Any sums charged by the Board pursuant to regulations under subsection (1) of this section may, in default of payment, be recovered as a simple contract debt in any court of competent jurisdiction.
(5) Different regulations may be made under this section in relation to different totalisators.
(6) A regulation under this section shall have effect subject to any relevant restriction or condition under subsection (5) of section 3 or regulation under subsection (1) of section 6 of the Totalisator Act, 1929 (No. 22 of 1929).
Export of greyhounds.
41.—(1) The Board may co-operate with and assist any person in connection with activities for the promotion and development of the export trade in greyhounds, including activities for the maintenance, training, racing, coursing and sale abroad of greyhounds which have been exported.
(2) The Board may, after consultation with the Club, make regulations providing for the furnishing of information and documents (including certificates and guarantees) by exporters of greyhounds to the persons to whom the greyhounds are exported or to the Board or to the Club.
(3) A person who contravenes a regulation under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds.
Power of the Board to establish greyhound race tracks.
42.—(1) The Board may establish, equip and maintain greyhound race tracks, and for this purpose may acquire by agreement or lease any land (including any greyhound race track).
(2) The Board may operate any greyhound race track maintained by it under this section.
(3) The Board may lease any greyhound race track established under this section.
(4) The Board may sell or lease any land acquired by it under this section which is no longer required for the purposes for which it was acquired.
Investigations by the Board and the Club.
43.—(1) The Board may cause any occurrence brought to its notice in relation to any matter connected with the greyhound industry to be investigated in such manner as the Board thinks proper.
(2) Where the Board intends to have any matter connected with the breeding, registration, identification or coursing of greyhounds or any matter within the scope of rules made by the Club relating to greyhound racing or to the training of greyhounds for reward investigated pursuant to subsection (1) of this section, the Board shall notify such intention to the Club.
(3) The Club may cause any occurrence brought to its notice in relation to any matter connected with the breeding, registration, identification or coursing of greyhounds or any matter within the scope of rules made by the Club relating to greyhound racing or to the training of greyhounds for reward to be investigated in such manner as the Club thinks proper.
(4) If a matter is being investigated at the instance of the Board, it shall not be investigated at the instance of the Club and, if the matter is already the subject of an investigation at the instance of the Club, the latter investigation shall cease.
(5) The Club shall communicate to the Board, if so requested, the result of any investigation made at the instance of the Club.
(6) For the purposes of an investigation under this section, the person conducting the investigation may, by notice served on any person, require that person to furnish to him any information which he may reasonably consider necessary and specifies in the notice.
(7) A person who—
(a) fails or refuses to furnish any information within his knowledge which he is required to furnish under this section, or
(b) in furnishing any such information, furnishes information which, to his knowledge, is false or misleading in any material particular,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds.
(8) The Board may publish in any manner which it considers proper the result of any investigation made under this section.
(9) The Club may publish in any manner which it considers proper the result of any investigation made under this section in relation to any matter connected with the breeding, registration, identification or coursing of greyhounds or any matter within the scope of rules made by the Club relating to greyhound racing or to the training of greyhounds for reward.
Investigations by authorised officers.
44.—(1) An authorised officer present at any race meeting at a greyhound race track or any public sale of greyhounds may (subject to production by him if so required of his appointment) investigate any occurrence observed by him or brought to his notice in relation to any race at the race meeting, the performance (including behaviour) of any greyhound at the race meeting or any sale at the public sale.
(2) An authorised officer present at any authorised coursing meeting may (subject to production by him if so required of his appointment) investigate any occurrence observed by him or brought to his notice in relation to any event, or the performance (including behaviour) of any greyhound in an event, forming an item at the meeting.
(3) For the purposes of an investigation under this section, an authorised officer may—
(a) require any person to give to him any information which he may reasonably consider necessary, and
(b) give such directions and require such facilities as he may reasonably consider necessary (including directions and facilities as to the examination of greyhounds and the detention under specified control for any purpose of greyhounds or of documents relating thereto).
(4) A person who—
(a) obstructs or impedes the exercise of any power conferred by this section,
(b) fails or refuses to give to an authorised officer any information within his knowledge which the officer requires under this section,
(c) in giving any such information, gives information which, to his knowledge, is false or misleading in any material particular, or
(d) fails or refuses to comply with any direction or requisition of facilities given or made by an authorised officer under this section,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds.
Disqualification orders.
45.—(1)After consideration of the result of any investigation at the instance of the Board under section 43 of this Act, or of the result of any investigation by an authorised officer of the Board under section 44 of this Act, the Board, after consultation with the Club, may by order (in this section referred to as a disqualification order), made in respect of all or specified greyhounds kept, owned, trained or managed by a specified person, disqualify such greyhounds from any one or more of the following:—
(a) registration in the Irish Greyhound Stud Book,
(b) entry for any greyhound race at any greyhound race track,
(c) entry for any event forming an item at any authorised coursing meeting,
(d) acceptance for sale at any public sale of greyhounds.
(2) Where the Board proposes to make a disqualification order, the Board shall serve notice of the proposal on the person concerned and shall, if any representations are made in writing by such person within seven days, consider the representations.
(3) The Board may, after consultation with the Club, revoke any disqualification order.
(4) Where a disqualification order is made, the Board—
(a) shall cause notice of the making of the order to be served on the person to whom the order applies, and
(b) may cause notice of the making of the order to be served on any other persons whom the Board thinks proper to be notified.
Power of entry and inspection.
46.—(1) An authorised officer may (subject to the production by him if so required of his appointment) at all reasonable times enter on and inspect any greyhound race track, authorised coursing ground or place used for the public sale of greyhounds or the training of greyhounds for reward and may there require any person to give to him any information which he may reasonably consider necessary for the purposes of the administration of this Act.
(2) A person who—
(a) obstructs or impedes the exercise of any power conferred by this section,
(b) fails or refuses to give to an authorised officer any information within his knowledge which the officer requires under this section, or
(c) in giving any such information, gives information which, to his knowledge, is false or misleading in any material particular,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds.
Exclusion orders.
47.—(1) The Board, with the consent of the Club, or the Club, with the consent of the Board, may by order (in this section referred to as an exclusion order) prohibit a person from all of the following:—
(a) being on any greyhound race track,
(b) being at any authorised coursing meeting,
(c) being at any public sale of greyhounds.
(2) Where the Board proposes to make or to consent to an exclusion order, the Board shall serve notice of the proposal on the person concerned and shall, if any representations are made in writing by such person within seven days, consider the representations.
(3) The Board may, after consultation with the Club, revoke any exclusion order made by the Board.
(4) The Club may, with the consent of the Board, revoke any exclusion order made by the Club.
(5) Where an exclusion order is made by the Board, the Board—
(a) shall cause notice of the making of the order to be served on the person to whom the order applies, and
(b) may cause notice of the making of the order to be served on any other persons whom the Board thinks proper to be notified.
(6) Where an exclusion order is made by the Club, the Club—
(a) shall cause notice of the making of the order to be served on the person to whom the order applies, and
(b) may cause notice of the making of the order to be served on any other persons whom the Club thinks proper to be notified.
(7) Where a person to whom an exclusion order applies is found on any greyhound race track, any person acting under the direction of the licensee under the greyhound race track licence relating to the track may remove such first-mentioned person therefrom and for this purpose may use such force as may be reasonably necessary.
(8) Where a person to whom an exclusion order applies is found at any authorised coursing meeting, any person acting on the direction of the person holding the meeting may remove such first-mentioned person from the coursing ground and for this purpose may use such force as may be reasonably necessary.
(9) Where a person to whom an exclusion order applies is found at any public sale of greyhounds, any person acting under the direction of the person conducting the sale may remove such first-mentioned person therefrom and for this purpose may use such force as may be reasonably necessary.
Fixing of certain charges.
48.—(1) The Board may by regulations fix the maximum charges to be made for admitting persons to greyhound race tracks and different charges may be fixed in respect of different tracks, in respect of different parts of the same track and in respect of bookmakers carrying on their business and persons who are not such bookmakers.
(2) Where regulations under subsection (1) of this section fix, in relation to a greyhound race track or part thereof, maximum charges in respect of bookmakers carrying on their business which are more than five times the maximum charges fixed, in relation to the track or part, by the regulations (or by other regulations for the time being in force) in respect of persons who are not such bookmakers, the regulations shall require the consent of the Minister.
(3) Where regulations under subsection (1) of this section fix, in relation to a greyhound race track on which the Board maintains a totalisator or to part of such track, maximum charges in respect of bookmakers carrying on their business, the charges shall be so fixed as not to exceed ten times the charges fixed by the regulations (or by other regulations for the time being in force) in respect of persons who are not bookmakers or, in case regulations under subsection (7) of this section for the time being in force fix a minimum charge in relation to the track or part, the aggregate of ten times the said charges in respect of persons who are not bookmakers and that minimum charge.
(4) Notwithstanding that regulations under subsection (1) of this section fix, in relation to a greyhound race track or part thereof, maximum charges in respect of bookmakers carrying on their business, any bookmaker may, with his consent, be charged, for admission to the track or part, a charge exceeding that which would be appropriate in accordance with the regulations, and such charge shall not constitute a contravention of the regulations.
(5) The Board may by regulations fix the maximum charges to be made at greyhound race tracks for race cards.
(6) The Board may by regulations fix the maximum entry fees in respect of greyhounds competing at events at race meetings at greyhound race tracks and different fees may be fixed in respect of different tracks and in respect of different meetings and events at the same track.
(7) (a) The Board may by regulations fix the minimum charges to be made for admitting bookmakers carrying on their business to greyhound race tracks and different charges may be fixed in respect of different tracks and different parts of the same track.
(b) Regulations under this subsection shall not be made in relation to a greyhound race track or part thereof unless regulations under subsection (1) of this section are made at the same time (or have been made previously) in relation to the track or part.
(c) The operation of regulations under this subsection shall stand suspended during any period while sections 32 to 35 of this Act are in operation.
(d) Where—
(i) a charge for admitting a bookmaker carrying on his business to a greyhound race track is made, and
(ii) regulations under this subsection are for the time being in operation,
the licensee under the greyhound race track licence relating to the track shall pay to the Board a sum equal to the minimum charge for the admission which is appropriate in accordance with the regulations.
(8) The Board may, after consultation with the Club, by regulations fix the maximum charges to be made for admitting persons to authorised coursing meetings and different charges may be fixed in respect of different meetings, in respect of different parts of the same coursing ground and in respect of bookmakers carrying on their business and persons who are not such bookmakers.
(9) Where regulations under subsection (8) of this section fix, in relation to an authorised coursing meeting, maximum charges in respect of bookmakers carrying on their business which are more than five times the maximum charges fixed, in relation to the meeting, by the regulations (or by other regulations for the time being in force) in respect of persons who are not such bookmakers, the regulations shall require the consent of the Minister.
(10) The Board may, after consultation with the Club, by regulations fix the maximum entry fees in respect of greyhounds competing at events at authorised coursing meetings and different fees may be fixed in respect of different coursing grounds and in respect of different meetings and events at the same coursing ground.
(11) (a) The Board may by regulations fix the minimum charges to be made for admitting bookmakers carrying on their business to authorised coursing meetings and different charges may be fixed in respect of different meetings and different parts of the same coursing ground.
(b) Regulations under this subsection shall not be made in relation to an authorised coursing meeting unless regulations under subsection (8) of this section are made at the same time (or have been made previously) in relation to the meeting.
(c) The operation of regulations under this subsection shall stand suspended during any period while sections 32 to 35 of this Act are in operation.
(d) Where—
(i) a charge for admitting a bookmaker carrying on his business to an authorised coursing meeting is made, and
(ii) regulations under this subsection are for the time being in operation,
the person holding the meeting shall pay to the Board a sum equal to the minimum charge for the admission which is appropriate in accordance with the regulations.
(12) The Board, after consultation with the Club, may by regulations fix the maximum charges to be made at authorised coursing meetings for programmes and different charges may be fixed in respect of different meetings.
(13) The Board may by regulations fix the maximum charges to be made for admitting persons to public sales of greyhounds and different charges may be fixed in respect of different sales.
(14) The Board may by regulations fix the maximum charges to be made for catalogues at public sales of greyhounds and different charges may be fixed in respect of different sales.
(15) Every person who fails or neglects to pay any sum payable by him under paragraph (d) of subsection (7) or paragraph (d) of subsection (11) of this section shall, without prejudice to proceedings under subsection (17) or (18) of this section, be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.
(16) Every sum payable by any person under paragraph (d) of subsection (7) or paragraph (d) of subsection (11) of this section shall, in default of payment and without prejudice to proceedings under subsection (17) or (18) of this section, be recoverable by the Board as a simple contract debt in any court of competent jurisdiction.
(17) If, in relation to a greyhound race track, there is a contravention of any regulation under subsection (1), (5), (6) or (7)of this section, the licensee under the greyhound race track licence relating to the track shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
(18) If, in relation to an authorised coursing meeting, there is a contravention of any regulation under subsection (8), (10), (11) or (12) of this section, the person holding the meeting shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
(19) If, in relation to a public sale of greyhounds there is a contravention of any regulation under subsection (13) or (14) of this section, the person conducting the sale shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
Fixing of Stake money and prizes.
49.—(1) The Board may, after consultation with such licensees under greyhound race track licences as are concerned, by regulations or notice fix the stake money and prizes to be offered for events at greyhound race tracks and different stake money or prizes may be fixed in respect of different events and in respect of different tracks.
(2) If, in relation to a greyhound race track, there is a contravention of any regulation or notice under subsection (1) of this section, the licensee under the greyhound race track licence relating to the track shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
(3) Where stake money and prizes are fixed under this section by notice, the notice shall relate to a particular greyhound race track and shall be served on the licensee under the greyhound race track licence relating to the track.
Appeal Committee.
50.—(1) There shall be a committee (in this and the next section referred to as the Appeal Committee) to determine the appeals provided for by the next section.
(2) The Appeal Committee shall consist of the following members:
(a) a chairman who shall be a Judge of the Supreme Court, High Court or Circuit Court or a practising barrister or solicitor of seven years' standing at least, and
(b) two ordinary members.
(3) The members of the Appeal Committee shall be appointed by the Minister and shall be eligible for reappointment.
(4) A member of the Appeal Committee may, by letter addressed to the Minister, resign his membership.
(5) The term of office of a member of the Appeal Committee shall, unless terminated by death or resignation, be five years or, in the case of a member filling a vacancy caused by the death or resignation of a member, the remainder of the term of office of such last-mentioned member.
(6) The quorum of the Appeal Committee shall be the chairman and one ordinary member.
(7) The Appeal Committee may act notwithstanding one vacancy among its ordinary members.
(8) An appeal to the Appeal Committee shall not be determined in favour of the appellant unless two members at least of the Appeal Committee are in favour of that determination.
(9) A member of the Appeal Committee (other than a Judge) shall be paid by the Board such remuneration and allowances for expenses as the Minister determines.
Appeals.
51.—(1) Where—
(a) a greyhound race track licence,
(b) a permit referred to in paragraph (a) of subsection (2) of section 25 of this Act,
(c) a course-betting permit,
(d) a permit referred to in paragraph (a) of subsection (1) of section 36 of this Act,
(e) a licence referred to in paragraph (a) of subsection (2) of section 37 of this Act,
(f) a licence referred to in paragraph (a) of subsection (2) of section 38 of this Act,
(g) a permit or approval referred to in paragraph (h) of subsection (2) of section 38 of this Act, or
(h) a licence referred to in paragraph (a) of subsection (2) of section 39 of this Act,
is refused, or, in the case of a licence or permit, is revoked or suspended, the applicant, licensee or permit holder may, within the period of twenty-one days beginning on the day on which the Board decides on the refusal, revocation or suspension and subject to subsection (8) of this section, appeal in writing to the Appeal Committee against the refusal, revocation or suspension.
(2) Where a regulation referred to in paragraph (f) of subsection (2) of section 25 of this Act is made, a licensee of a greyhound race track may, within the period of twenty-one days beginning on the day on which the regulation is made and subject to subsection (8) of this section, appeal in writing to the Appeal Committee against the regulation.
(3) On an appeal under this section, the Appeal Committee, after considering the refusal, suspension, revocation or regulation to which the appeal relates and after conducting any investigations, inquiries and hearings which they consider necessary, shall either refuse the appeal or—
(a) in the case of an appeal against the refusal of a licence, permit or approval, direct the Board (who shall comply with the direction) to grant a licence, permit or approval,
(b) in the case of an appeal against a revocation or suspension of a licence or permit, annul the revocation or suspension, and
(c) in the case of an appeal against a regulation, direct the Board (who shall comply with the direction) to revoke the regulation.
(4) For the purposes of subsection (1) of this section, where a licence or permit referred to in that subsection is refused, revoked or suspended or an approval referred to in that subsection is refused—
(a) notice of the refusal, revocation or suspension shall be served on the applicant, licensee or permit holder within the period of seven days beginning on the day on which the Board decides on the refusal, revocation or suspension,
(b) in the case of a revocation or suspension, the revocation or suspension shall be expressed (and, subject to subsection (6) of this section, shall have effect accordingly) as coming into operation on a specified day after the expiration of the period of twenty-one days beginning on the day on which the Board decides on the revocation or refusal.
(5) For the purposes of subsection (2) of this section, where a regulation referred to in that subsection is made—
(a) notice of the regulation shall be served on every licensee under a greyhound race track licence within the period of seven days beginning on the day on which the regulation is made,
(b) the regulation shall be expressed (and, subject to subsection (7) of this section, shall have effect accordingly) as coming into operation on a specified day after the expiration of the period of twenty-one days beginning on the day on which the regulation is made.
(6) Where—
(a) an appeal is taken under this section against the revocation or suspension of a licence or permit, and
(b) on the day on which the revocation or suspension is expressed as coming into operation, the appeal has not been withdrawn or determined,
the operation of the revocation or suspension shall stand suspended until (as may be appropriate) the appeal is withdrawn or refused or the revocation or suspension is annulled by the Appeal Committee.
(7) Where—
(a) an appeal is taken under this section against a regulation, and
(b) on the day on which the regulation is expressed as coming into operation, either the appeal has not been withdrawn or determined or, in the case in which the appeal has been determined by direction of the Appeal Committee for revocation of the regulation, such revocation has not been effected,
the operation of the regulation shall stand suspended until (as may be appropriate) the appeal is withdrawn or refused or the regulation is revoked by direction of the Appeal Committee.
(8) An appeal under this section shall be accompanied by the sum of five pounds which shall be held by the Appeal Committee until disposed of as follows:
(a) in case the appeal is withdrawn or is determined in favour of the appellant, it shall be returned to the appellant,
(b) in case the appeal is refused, it shall be paid to and retained by the Board.
(9) At a hearing conducted by the Appeal Committee in relation to an appeal under this section—
(a) the appellant may appear in person or by counsel, solicitor or agent,
(b) the Board may appear by counsel or solicitor or by an officer of the Board,
(c) any witness may, if the chairman of the Appeal Committee thinks fit, be examined on oath (which the chairman is hereby empowered to administer).
Prosecution of offences.
52.—(1) An offence under this Act, other than an offence specified in subsection (2) of this section, may be prosecuted by the Board.
(2) The following offences may be prosecuted by the Club:
(a) an offence under section 25 or section 37 of this Act consisting of a contravention of a rule under the section,
(b) an offence under section 43 of this Act in relation to an investigation at the instance of the Club,
(c) an offence under section 44 or section 46 of this Act in relation to an authorised officer of the Club.
(3) A prosecution for an offence under this Act may, in the case of a club, be brought against the club in the name under which it is commonly known, and any summons or other document required to be served on the club may be served on the secretary of the club and any warrant for the recovery of a fine imposed on the club may be executed against the goods and chattels of the club.
Service of documents.
53.—(1) Any document under this Act or any regulation made under this Act may be served on a person—
(a) by delivering the document to such person, or
(b) by sending the document by registered post in an envelope addressed to such person at the address at which he ordinarily resides or carries on business.
(2) For the purposes of subsection (1) of this section, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business.
SCHEDULE.
Constitution of the Irish Coursing Club.
Section 26.
1. Authority and Objects.
(i) The Irish Coursing Club (in this Constitution referred to as the Club) shall be the controlling authority over matters relating to the breeding (including registration and identification) of thoroughbred greyhounds and greyhound coursing in Ireland and shall have such functions in relation to greyhound racing and the training of greyhounds for reward as may be in accordance with law.
(ii) The objects of the Club shall be the promotion of the breeding of thoroughbred greyhounds (including maintenance of the Irish Greyhound Stud Book), the encouragement and regulation of greyhound coursing (including provision for the affiliation of local coursing clubs to the Club) and contributing to the regulation of greyhound racing and the training of greyhounds for reward and to the development of the greyhound industry in Ireland (including provision for the affiliation of persons owning or exercising control over greyhound race tracks (in this Constitution referred to as greyhound race track executives) to the Club).
(iii) The Club may, in pursuance of its objects—
(a) hold or take part in the holding of public coursing meetings; and
(b) enter into agreements or other arrangements with bodies in Ireland or elsewhere having a common or related interest in the greyhound industry.
2. Membership.
(i) The members of the Club shall comprise:—
(a) one representative member appointed by each affiliated coursing club entitled to hold coursing meetings authorised by the Club and by each greyhound race track executive; and
(b) co-opted members as hereinafter provided.
(ii) Representative members shall be appointed for triennial periods (and shall be eligible for reappointment) except that an affiliated coursing club or greyhound race track executive
(a) whose representative member dies, resigns or ceases because of disqualification to be a member during any triennial period or
(b) which becomes affiliated to the Club during any triennial period
may, except as hereinafter provided, appoint a representative member for the remainder of such triennial period.
(iii) A person shall be disqualified from being a representative member of the Club in any triennial period, and if he is already a representative member in that period shall cease to be such member, if
(a) he is not a member of the affiliated coursing club or the greyhound race track executive concerned in the appointment; or
(b) he is not ordinarily resident in Ireland; or
(c) he is subject to any disability imposed on him in relation to participating in the greyhound industry for conduct inimical to the breeding or coursing of greyhounds, or for the contravention of rules made by the Club relating to greyhound racing or the training of greyhounds for reward, or for any other irregularity committed in relation to the greyhound industry; or
(d) the coursing club or greyhound race track executive concerned in the appointment has failed to hold at least one coursing meeting authorised by the Club (either alone or jointly with a neighbouring coursing club entitled to hold such meetings) or greyhound race track meeting, during the preceding fifteen calendar months, in which case such club or greyhound race track executive shall thereby forfeit its right to appoint a representative member; or
(e) the coursing club or greyhound race track executive concerned in the appointment has ceased to be affiliated to the Club; or
(f) he is absent without an explanation, accepted by the Executive Committee, from three consecutive general meetings of the Club.
(iv) An affiliated coursing club or greyhound race track executive may appoint for any triennial period an alternate representative member to attend any meeting of the Club in the unavoidable absence of its representative member; an alternate representative member so attending a meeting of the Club shall have the same right to speak and vote thereat as a representative member. Notice shall be given before the meeting to the Secretary of the Club of the proposed attendance thereat of an alternate representative member and the reason for the absence from the meeting of the representative member concerned. Paragraphs (ii) and (iii) above, except clause (f) of the latter paragraph, shall apply to an alternate representative member.
(v) Every representative member of the Club immediately before this Constitution comes into operation shall become a representative member of the Club under the Constitution and, subject to the terms of the Constitution, shall remain such member until the beginning of the terms of office of the persons who are first appointed as representative members under the Constitution.
(vi) Every elected member of the Club immediately before this Constitution comes into operation shall become a co-opted member of the Club subject to the terms of the Constitution. No additional co-opted member shall be co-opted until the number of elected members who become co-opted members falls below fifty. Thereafter the number of co-opted members shall not at any time exceed fifty.
(vii) The co-option of co-opted members shall be by the Club at general meetings thereof.
(viii) A co-opted member who is at any time appointed a representative member or an alternate representative member shall be deemed not to be a co-opted member during the period for which he is so appointed except that no additional co-opted member may be co-opted in his place during such period.
(ix) No person may be co-opted as a co-opted member of the Club unless—
(a) he is a consistent supporter of greyhound coursing; and
(b) he has been a registered owner of thoroughbred greyhounds and a member of an affiliated coursing club during the whole of the preceding five years.
(x) A person shall be disqualified from being a co-opted member of the Club, and if he is already a co-opted member shall cease to be such member, if—
(a) he is subject to any disability imposed on him in relation to participating in the greyhound industry for conduct inimical to the breeding or coursing of greyhounds, or for the contravention of rules duly made by the Club relating to greyhound racing or the training of greyhounds for reward, or for any other irregularity committed in relation to the greyhound industry; or
(b) he is not a member of an affiliated coursing club entitled to hold coursing meetings authorised by the Club; or
(c) he is not ordinarily resident in Ireland.
3. Provincial Committees.
(i) There shall be a committee of the Club in each province (in this Constitution referred to as a Provincial Committee) consisting of the representative members of the Club appointed by coursing clubs and greyhound race track executives in the province.
(ii) The alternate representative member may attend in place of any representative member at a meeting of the Provincial Committee in the same way as at a general meeting of the Club.
(iii) Co-opted members of the Club ordinarily resident in the province may attend meetings of the Provincial Committee so long as such members are eligible to attend general meetings of the Club but shall not vote on any question arising thereat.
(iv) Each Provincial Committee shall—
(a) carry out such functions as are assigned to it by this Constitution and such functions as may from time to time be delegated to it by the Club at general meetings ;
(b) select each year the public coursing meetings in the province at which trial stakes allotted by the Club to the province shall form an item ;
(c) keep under review matters relating to the breeding, coursing and racing of greyhounds in the province and be empowered to make recommendations thereon to the Executive Committee and to general meetings of the Club ;
(d) consider and report on matters referred to it by the Executive Committee.
4. Executive Committee of the Club.
(i) There shall be a committee of the Club (in this Constitution referred to as the Executive Committee) to administer the business and affairs of the Club.
(ii) The President, Honorary Treasurer and Secretary of the Club shall be ex-officio members of the Executive Committee.
(iii) The total membership of the Executive Committee shall be twenty-one but the Committee may act notwithstanding vacancies in its membership.
(iv) The members of the Executive Committee shall be appointed by the Provincial Committees of the Club from among the representative members of the Club in their respective provinces. The number of members so appointed from each province who are on the Executive Committee at any time (reckoning the previously appointed member where a casual vacancy exists) shall—
(a) be in the same proportion, or as nearly so as is possible, as the combined number of affiliated coursing clubs entitled to hold coursing meetings authorised by the Club and greyhound race track executives in each such province at the date of the most recent appointment bears to the combined total number of such clubs and executives in all the provinces; and
(b) include representative members of the Club who were appointed by affiliated coursing clubs to the extent at least of the proportion which the number of affiliated coursing clubs entitled to hold coursing meetings authorised by the Club in the province bears to the combined number of such clubs and affiliated greyhound race tracks in the province.
(v) Members of the Executive Committee shall be appointed for triennial periods (and shall be eligible for reappointment) except that the members appointed to vacancies arising as a result of members dying, resigning or ceasing because of disqualification to be members during any triennial period shall be appointed only for the remainder of such triennial period.
(vi) A person shall be disqualified from being a member of the Executive Committee, and if he is already a member shall cease to be such member, if he ceases to be a representative member of the Club.
(vii) Members of the Executive Committee and of any subcommittee of the Executive Committee may be reimbursed expenditure necessarily incurred by them in attending meetings thereof.
(viii) Notwithstanding any of the foregoing paragraphs of this Article, the members of the Standing Committee of the Club immediately before the coming into operation of this Constitution shall be deemed to be the members of the Executive Committee of the Club for a period of six months beginning on the date of the coming into operation of this Constitution. One-third, determined by lot, of the members in question shall cease to be members of the Executive Committee at the end of that period. Half of the other two-thirds, determined by lot, shall cease to be members of the Executive Committee one year thereafter and the remainder two years thereafter. A fraction shall be rounded to the next unit above, and paragraph (ii) above shall also apply.
5. General Meetings of the Club.
(i) The Club shall in every year hold at least one general meeting, which shall be known as the Annual General Meeting of the Club and shall be held between 30th July and 1st September.
(ii) The Executive Committee shall convene any additional general meetings of the Club that may be necessary. The Executive Committee shall convene a general meeting of the Club as soon as may be after receipt of a written request therefor signed by at least twenty representative members and stating the purpose of the meeting unless the Executive Committee by a two-thirds majority of those present and voting consider the request frivolous.
(iii) The Secretary of the Club shall give to each member of the Club, to the secretary of each affiliated coursing club entitled to hold coursing meetings authorised by the Club and to the secretary of each greyhound race track executive (all of whom shall keep the Secretary of the Club duly informed of their addresses) at least 28 days' written notice of the holding of the Annual General Meeting of the Club and at least 14 days' written notice of the holding of other general meetings of the Club. Notice shall be sent by ordinary prepaid post and the non-delivery of any notice shall not invalidate a meeting. The Agenda for a general meeting of the Club shall be similarly notified at least 7 days before the meeting.
(iv) The quorum for a general meeting of the Club shall be twenty.
(v) The President and Honorary Treasurer of the Club immediately before the coming into operation of this Constitution shall continue to hold such offices until the next Annual General Meeting of the Club. At each Annual General Meeting, the Club shall appoint one of their members to be President and another of their members to be Honorary Treasurer of the Club and shall also appoint a qualified Auditor, for the ensuing year. The persons so appointed shall be eligible for reappointment in any subsequent year.
(vi) In the event of the President or Honorary Treasurer dying, resigning or ceasing to be a member of the Club during the year, the Club at its next general meeting shall appoint a member to replace him for the remainder of the year, pending which appointment the Chairman of the Executive Committee shall act in the vacant capacity.
(vii) The Chairman at any general meeting of the Club shall be the, President, or in his absence the Chairman of the Executive Committee, or in the latter's absence the Vice-Chairman of the Executive Committee, or in the absence of all three a member appointed by the meeting.
(viii) Subject to this Constitution, the Club shall regulate, by standing orders or otherwise, the procedure and business at its general meetings.
6. Meetings of the Provincial Committees.
(i) Each Provincial Committee shall hold at least one meeting in every calendar year and shall hold such additional meetings as may be necessary for the due performance of its functions.
(ii) The Secretary of the Club or, if the Secretary cannot attend, a member of the staff of the Club authorised in his place from time to time shall act as secretary of each meeting of a Provincial Committee.
(iii) Meetings of the Provincial Committees shall be convened with the consent of the Executive Committee. The Secretary of the Club shall give to each representative member of the Club appointed by an affiliated coursing club and by the executive of a race track in the province, to the secretary of each coursing club and of each race track executive in the province by whom such representative members were appointed and to each co-opted member ordinarily resident in the province, at least 14 days' written notice of the holding of a meeting of the Provincial Committee for that province. Notice shall be sent by ordinary prepaid post and the non-delivery of any notice shall not invalidate a meeting. The agenda for a meeting of a Provincial Committee shall be similarly notified at least 7 days before the meeting.
(iv) The quorum for a meeting of a Provincial Committee shall be one-fifth of the total number of representative members entitled to attend (a fraction being rounded to the next unit above) subject to a minimum of four such members.
(v) Each Provincial Committee shall annually appoint one of its members to be Chairman of the Committee. In the absence of the Chairman at any meeting of the Provincial Committee the members present shall appoint one of their number to be Chairman of the meeting. In the event of the Chairman dying, resigning or ceasing to be a member of the Provincial Committee during the year, the Committee shall at its next meeting appoint one of its members to be Chairman for the remainder of the year.
(vi) Subject to this Constitution, the Provincial Committees shall regulate, by standing orders or otherwise, the procedure and business at their meetings.
7. Meetings of the Executive Committee.
(i) The Executive Committee shall hold at least four meetings in every calendar year and shall hold such additional meetings as may be necessary for the due performance of its functions.
(ii) Meetings of the Executive Committee shall be convened by the Secretary of the Club on the authority of the Chairman or, in his absence, of the Vice-Chairman of the Committee. The Secretary shall convene a meeting of the Executive Committee on receipt of a written request therefor signed by at least six members of the Committee or twelve members of the Club.
(iii) The Secretary of the Club shall give to each member of the Executive Committee at least 7 days' written notice of the holding of a meeting of the Committee. A shorter notice may be given in a case of special urgency on the authority of the Chairman or, in his absence, of the Vice-Chairman of the Committee. Notice shall be sent by ordinary prepaid post and the non-delivery of any notice shall not invalidate a meeting.
(iv) The quorum for a meeting of the Executive Committee shall be seven.
(v) The Executive Committee shall appoint one of its members to be Chairman and another of its members to be Vice-Chairman of the Committee. In the absence of the Chairman at any meeting of the Executive Committee, the Vice-Chairman shall be chairman of the meeting, and in the absence of both, the members present shall appoint one of their number to be chairman of the meeting. The Honorary Treasurer or Secretary of the Club shall not be eligible for appointment as Chairman or Vice-Chairman of the Executive Committee or for appointment as chairman of any meeting of the Committee.
(vi) Subject to this Constitution, the Executive Committee shall regulate, by standing orders or otherwise, the procedure and business at its meetings.
8. Finance Sub-Committee.
(i) There shall be a sub-committee of the Executive Committee (in this Constitution referred to as the Finance Sub-Committee) with responsibility for keeping under review the financial affairs of the Club and its subsidiary interests (including Powerstown Park Ltd. and the Greyhound and Sporting Press Ltd.) and for making reports and recommendations thereon to the Executive Committee.
(ii) The Honorary Treasurer and Secretary of the Club shall be ex-officio members of the Finance Sub-Committee.
(iii) The Executive Committee shall appoint four other members of the Committee to be members of the Finance Sub-Committee and may co-opt not more than two further members of the Club as members of the Sub-Committee. The Sub-Committee may act notwithstanding vacancies in its membership.
(iv) A member of the Finance Sub-Committee appointed or co-opted under paragraph (iii) above shall cease to be such member whenever the Executive Committee so decides.
(v) Members of the Finance Sub-Committee may be reimbursed expenditure necessarily incurred by them in attendance at meetings thereof.
(vi) The Finance Sub-Committee shall hold at least four meetings in every calendar year.
9. Sub-Committees—General.
(i) Subject to Article 8 above, any of the Committees of the Club may from time to time appoint such and so many sub-committees of its members as such Committee thinks proper.
(ii) Any such Committee may delegate to a sub-Committee any of its functions, powers and duties which, in its opinion, can be better or more conveniently exercised or performed by a sub-Committee and may regulate the procedure of any such sub-Committee.
(iii) The acts of any sub-committee shall be subject to confirmation by the Committee which appointed it save where such Committee dispenses with the necessity for such confirmation.
10. Voting.
(i) Every appointment or co-option at a meeting of the Club, or of any of the Committees of the Club, shall be by ballot unless there is a unanimous appointment or co-option.
(ii) Every question at a general meeting of the Club (except a proposal to alter this Constitution or to co-opt a co-opted member of the Club) or at a meeting of any of the Committees of the Club (except as provided in Article 5 (ii) above) or any sub-committee of one of such Committees shall be determined by a majority of the votes of members present and voting on the question; in case of an equal division of votes the Chairman of the meeting shall have a second or casting vote.
(iii) A proposal to alter this Constitution or to co-opt a co-opted member of the Club shall require for approval two-thirds of the votes of members present and voting on the proposal at a general meeting of the Club.
11. Secretary, Staff and Agents.
(i) There shall be a Secretary of the Club who shall hold office at the pleasure of the Executive Committee and on such terms as the Executive Committee may determine.
(ii) The staff of the Club shall be appointed as the Executive Committee may determine.
(iii) The Executive Committee may appoint from time to time such and so many agents as may be necessary for the due discharge of the affairs of the Club.
12. Records, Reports and Accounts.
(i) The Secretary of the Club shall keep—
(a) minutes of the proceedings at all meetings of the Club, Committees of the Club and any sub-committees of such Committees;
(b) a register of the members of the Club; and
(c) a register of affiliated coursing clubs (distinguishing those entitled to hold coursing meetings authorised by the Club) and greyhound race track executives.
(ii) The Secretary shall make to every Annual General Meeting of the Club a Report on the activities of the Club and its subsidiary interests, the Committees of the Club and any sub-committees of such Committees during the year ended on the preceding 31st March.
(iii) The Secretary and Honorary Treasurer shall submit to every Annual General Meeting of the Club duly audited Statements of Revenue and Expenditure and Balance Sheets in respect of the Club and each of its subsidiary interests separately, together with a duly audited Consolidated Statement of Revenue and Expenditure and Consolidated Balance Sheet of the Club and its subsidiary interests for the year ended on the preceding 31st March. A copy thereof shall be sent to each member of the Club, to the secretary of each affiliated coursing club entitled to hold coursing meetings authorised by the Club and to the secretary of each greyhound race track executive, with the notice of the holding of the Meeting.
13. Trustees.
The property and assets of the Club and its subsidiary interests (including Powerstown Park Ltd. and the Greyhound and Sporting Press Ltd.) shall be vested in Trustees appointed by the Club.
14. Irish Greyhound Stud Book.
(i) The Secretary of the Club, who shall be the Keeper of the Irish Greyhound Stud Book, shall maintain a register or registers or a series of registers to be known as such Book and to contain such relevant particulars as the Club may from time to time require, including particulars in respect of the breeding and identification of thoroughbred greyhounds.
(ii) The Irish Greyhound Stud Book shall be published annually under the authority of the Club.
15. Discipline.
The Executive Committee of the Club may take or authorise the taking of disciplinary action, including the imposition of disabilities in relation to participating in greyhound breeding, coursing and racing, against persons who appear to them to have been guilty of conduct inimical to the breeding or coursing of greyhounds or to have contravened rules made by the Club relating to greyhound racing or the training of greyhounds for reward.
16. Rules.
(i) The Executive Committee of the Club shall make and enforce published rules approved by the Club governing:—
(a) the formation and functioning of local coursing clubs and affiliation of such clubs and of greyhound race track executives to the Club ;
(b) the functioning of Provincial Committees of the Club ;
(c) the registration of thoroughbred greyhounds in the Irish Greyhound Stud Book and the identification and marking of thoroughbred greyhounds ;
(d) greyhound coursing and the conduct of coursing meetings authorised by the Club ;
(e) the payment of fees to the Club and matters consequential on non-payment thereof; and
(f) disciplinary action by or on the authority of the Executive Committee (including appeals therefrom).
(ii) The Executive Committee of the Club may make and enforce, in accordance with law, published rules approved by the Club and governing greyhound racing, the training of greyhounds for reward and any other matter within the scope of this Constitution.
17. Interpretation.
The interpretation by the Executive Committee of the Club of any provision in this Constitution or in Rules made thereunder shall be final.