Irish Horseracing Industry Act , 1994

PART I Preliminary and General

1. Short title.

1.—This Act may be cited as the Irish Horseracing Industry Act, 1994.

2. Interpretation.

2.—(1)In this Act, save where the context otherwise requires—

“the Act of 1945” means the Racing Board and Racecourses Act, 1945;

“the Act of 1975” means the Racing Board and Racecourses (Amendment) Act, 1975;

F1["Act of 2024" means the Gambling Regulation Act 2024;]

“authorised bookmaker” means a licensed bookmaker who is the holder of a course-betting permit;

“authorised officer” means a person appointed in writing by the Authority to be an authorised officer for the purposes of this Act;

“authorised racecourse” means a racecourse including the precincts thereof authorised by the Authority under section 59;

F3["betting intermediary" means a person who, in the course of business, provides facilities that enable persons to make bets with persons (other than the first-mentioned person);]

F1["betting licence" has the same meaning as it has in the Act of 2024;]

“betting office” means any premises at an authorised racecourse in which betting is permitted by regulations under section 53;

“the chairman” means the chairman of the Authority;

“the chief executive” means the chief officer of the Authority;

“company” means—

(a)a company within the meaning of the Companies Acts, 1963 to 1990, or

(b)a body established under the laws of a state other than the State and corresponding to a body referred to in paragraph (a);

“company of the Authority” means a company established under section 36;

“course bet” means a bet entered into by an authorised bookmaker at an authorised racecourse;

“course-betting permit” means a permit granted by the Authority under section 48 (1);

“course-betting representative permit” means a permit granted by the Authority under section 48 (2);

“the establishment day” means the day appointed to be the establishment day for the purposes of this Act by the Minister under section 3;

“executive”, in relation to a racecourse, means the person who owns or exercises control over that racecourse;

“functions” includes powers and duties;

F2["HRI" means Horse Racing Ireland established under section 5 of the Horse and Greyhound Racing Act, 2001;]

F1["in-person and remote betting licence" has the same meaning as it has in the Act of 2024;]

F1["in-person betting licence" has the same meaning as it has in the Act of 2024;]

F4["integrity services" means those services operated by or on behalf of the Racing Regulatory Body for the purposes of enforcing discipline and ensuring that horses are run fairly and properly;]

F3["jockeys" and "qualified riders" have the same meaning as in the Rules of Racing;]

“levy” means levy payable under section 54;

F5["licensed bookmaker" means a licensee (within the meaning of the Act of 2024) of an in-person betting licence or an in-person and remote betting licence for the time being in force under the Act of 2024 where that licence authorises the licensee to act as a bookmaker (within the meaning of section 3 (2) of the Act of 2024);]

“licensed racecourse” means a racecourse which is licensed by the Racing Regulatory Body under the Rules of Racing;

“the Minister” means the Minister for Agriculture, Food and Forestry;

F1["pool betting" has the same meaning as it has in the Act of 2024;]

“precincts”, in relation to an authorised racecourse, means any place (including a car-park) adjacent to the racecourse under the control of the executive of a racecourse to which the public habitually resort for the purpose of attending and watching horseracing;

“prescribed” means prescribed by regulations made by the Authority under this Act;

“racecourse authorisation” means an authorisation granted to a licensed racecourse by the Authority under section 59;

“race-fixture” means the venue and the day of a race-meeting and where a race-meeting lasts for more than one day each day of the meeting shall be a separate race-fixture;

“race-meeting” means a series of horseraces held at a racecourse;

“race-programme” means the category, prizes, conditions and number of races at a race-fixture;

F4["Racing Regulatory Body" means—

(a) the Irish Turf Club, in relation to flat racing,

(b) the Irish National Hunt Steeplechase Committee, in relation to national hunt racing, including point-to-point steeplechases, or

(c) both, in relation to horseracing generally,

and includes any limited company formed under the Companies Act 2014 by such body for the purpose of carrying out its functions under this Act;]

F4["Rules of Racing" means, in relation to—

(a) flat racing, the Rules of Racing as laid down by the Irish Turf Club,

(b) national hunt racing, the Irish National Hunt Steeplechase Rules as laid down by the Irish National Hunt Steeplechase Committee, and

(c) point-to-point steeplechases, the regulations for Point-to-Point Steeplechases issued by the Stewards of the Irish National Hunt Steeplechase Committee;]

“starting price licence” means a licence granted by the Authority under section 33;

“subsidiary” means—

(a)in relation to the Racing Board, a racecourse established under section 14 of the Act of 1945, the Tote Investors (Ireland) Limited, or the Leopardstown Club Limited, and

(b)in relation to the Authority, a company of the Authority, a racecourse established under section 38, or any subsidiary of the Racing Board transferred to the Authority by this Act;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

F5["totalisator licence" means a betting licence to the extent that the licence authorises the licensee (within the meaning of the Act of 2024) of that licence to provide pool betting for an event, a series of events or a class of events;]

(2)References however expressed in any enactment in force before the establishment day to an authorised racecourse under the Act of 1945 shall be construed on and after the establishment day as a reference to an authorised racecourse under this Act.

(3)In this Act:

(a)a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended;

(b)a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

(4)In this Act a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act.

3. Establishment day.

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

4. Repeals.

4.—The Act of 1945 and the Act of 1975 are hereby repealed on the establishment day.

5. Prosecution of summary offences.

5.—Proceedings in relation to a summary offence under this Act (other than section 65 (5) or 67 (2) or (3)) may be brought and prosecuted by the Authority.

6. Offences and penalties.

6.—(1)A person who contravenes section 14 (1), 15 (1), 16 (1), 17 (1), 47 (3), 48 (7), (18) or (19), 50 (3), 51 (3) or (4), 52, 53 (4), 55 (3), 57 (6), 60 (2), 62 (5), 65 (5) or 67 (2) or (3) shall be guilty of a summary offence.

(2)A person who contravenes section 33 (1), 47 (1), 54 (1), or 59 (6) shall be guilty of an offence.

(3)Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or any other officer of such body, such person shall also be guilty of an offence.

(4)A person guilty of an offence under this Act, shall be liable—

F6[(a) on summary conviction, to a class A fine, or]

(b)on conviction on indictment, to a fine not exceeding £100,000.

(5)F7[…]

(6)In this section, a reference to the contravention of a provision includes, where appropriate, a reference to a refusal or a failure, to comply with that provision.

7. Laying of orders and regulations before Houses of Oireachtas.

7.—Every order or regulation made by the Minister (other than an order made under section 3, 54 (6) or 68 (2)) or regulation made by the Authority under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

8. Expenses of Minister.

8.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided for by the Oireachtas.

PART II The Irish Horseracing Authority

9. Establishment of Authority.

9.—(1)On the establishment day there shall stand established a body to be known as the Irish Horseracing Authority to perform the functions conferred on it by this Act.

(2)The provisions of the Schedule to this Act shall have effect with respect to the Authority.

10. General functions of Authority.

F8[10.—(1) The general functions of HRI are—

(a)to provide for the overall administration, governance, development and promotion of the Irish horseracing industry, other than the functions of the Racing Regulatory Body set out insection 39(1), including promoting and increasing attendance at authorised racecourses;

(b)to provide a single structure for the administration and financial management of Irish horseracing.

(2)The general functions of HRI include:

(a)the processing of—

(i)all charges, including the collection of licence fees for licences to be issued, and financial sanctions imposed, by the Racing Regulatory Body, imposed on participants in the horseracing industry, other than charges in respect of certifying of hunter certificates and the acceptance of horseracing entries and declarations for point-to-point steeplechases (which shall be paid to the organisers of the point-to-point steeplechases), and

(ii)payments to participants in the horseracing industry;

(b)the provision of registry office services including the following activities—

(i)naming of horses, the issuing of horseracing passports and registration of matters relating to racehorses, including the registration of hunter certificates,

(ii)horserace entries and declarations (other than point-to-point steeplechases),

(iii)racing calendar publication,

(iv)stakeholding of race entry funds and prize money for horseraces, and

(v)registration of racehorse owners including racing colours;

(c)the management of the development and promotion of the Irish horseracing industry (including the development of authorised racecourses, the guaranteeing of the costs of integrity services and prize money);

(d) the promotion of the Irish thoroughbred horse;

(e)representing Irish horseracing internationally in respect of its functions;

(f)the provision of financial and other support, at its discretion, to—

(i)maintain and improve the health and welfare status of the thoroughbred horse, and

(ii)assist educational and other institutions and organisations in providing improved training and education facilities and courses for the thoroughbred horse industry to satisfy the training and educational needs of that industry at all levels;

(g) the provision, at its discretion, of financial support for point-to-point steeplechases;

(h)the making, at its discretion, of grants, loans or other disbursements to authorised racecourses;

(i)the allocation of race-fixtures and the setting of race-programmes (other than point-to-point steeplechases);

(j)the negotiation, in consultation with executives of authorised racecourses, of all income from media rights (within the meaning of section 10 (1) of the Horse and Greyhound Racing Act 2001);

F9[(k)subject to the Act of 2024, the control of the operations of on course authorised bookmakers;]

(l)the provision, maintenance to a specification agreed by HRI with the Racing Regulatory Body, and operation of mobile track equipment, including starting stalls, photo finish and camera patrol equipment and any other such equipment agreed from time to time between HRI and the Racing Regulatory Body and the provision to the Racing Regulatory Body of photographs, films, sound recordings and other connected materials or data generated by such equipment as required by the Racing Regulatory Body for its examination and use in the enforcement of the Rules of Racing;

(m)the operation of racecourses which are owned or leased by HRI;

(n)the management of any subsidiary of HRI;

(o)the performance of any functions of the Racing Regulatory Body which may be transferred to HRI in the future by agreement of both parties and subject to the consent of the Minister.

(3)HRI shall have all such powers as are necessary for or incidental to the performance of its functions under this Part and Part IV, including the power to issue directives setting protocols and procedures to carry out its functions undersubsections (1)and(2). Any such directives, protocols or procedures shall be published by HRI.

(4)HRI shall provide such information in relation to the activities mentioned insubsection (2)(a),(b),(c),(i),(k)and(l)to the Racing Regulatory Body as is necessary for the Racing Regulatory Body to fulfil its statutory functions.

(5)HRI shall consult with the Racing Regulatory Body before issuing any directive. HRI may dispense with such consultation where it considers there is an urgency to make the directive and shall inform the Racing Regulatory Body accordingly.

10A. F10[Incidental, etc. powers of Authority.

10A.—F11[…]]

11. Conferring of additional functions on Authority.

11.—(1)The Minister may, with the consent of the Minister for Finance, by order—

(a)confer on the Authority, in relation to the development and promotion of horseracing, such additional functions connected with the functions for the time being of the Authority or the services or activities that the Authority is authorised for the time being to provide or carry on (including functions of the Minister in relation to any directive, regulation or other act adopted by an institution of the European Communities in relation to horseracing) as the Minister considers appropriate, and

(b)make such provision as he considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Authority of functions under this section or the performance by the Authority of functions so conferred (including provision for the transfer to the Authority of any property held by the Minister for the purposes of functions conferred on the Authority under this section).

(2)The Minister may by order amend or revoke an order under this section (including an order under this subsection).

12. Charges by Authority.

12.—(1)The Authority may make such charges, as it considers necessary and appropriate in consideration of—

(a)the performance by it of its functions,

(b)the provision by it of any service,

(c)the carrying on by it of any activities, and

(d)the application for or the granting of any licence, permit or authorisation granted by it.

(2)The Authority may recover as a simple contract debt in any Court of competent jurisdiction from any person by whom it is payable any amount due and owing under subsection (1).

13. Membership of either House of Oireachtas or of European Parliament by members or staff of Authority.

13.—(1)Where a member of the Authority is—

(a)nominated as a member of Seanad Éireann, or

(b)elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or

(c)regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to the European Parliament to fill a vacancy,

he shall thereupon cease to be a member of Authority.

(2)Where a person who is a member of the staff of the Authority is—

(a)nominated as a member of Seanad Éireann, or

(b)elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or

(c)regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to the European Parliament to fill a vacancy,

he shall thereupon stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances in respect of the period commencing on such nomination or election or when he is so regarded as having been elected, as the case may be, and ending when he ceases to be a member of either such House or a representative in such Parliament.

(3)A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a representative in the European Parliament shall, while he is so entitled or is such a representative, be disqualified from becoming a member of the Authority or the staff of the Authority.

(4)Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Authority for the purposes of any superannuation benefits.

14. Disclosure by members of Authority of interests.

14.—(1)A member of the Authority who has any material or financial interest—

(a)in any body corporate with which the Authority has made a contract or proposes to make any contract,

(b)in any contract which the Authority has made or proposes to make, or

(c)in any racecourse in relation to a racecourse authorisation,

shall, at a meeting of the Authority where any of the foregoing matters have arisen—

(i)disclose the fact of such interest and the nature thereof,

(ii)absent himself from the meeting or that part of the meeting during which the matter is discussed,

(iii)take no part in any deliberations of the Authority relating to the matter, and

(iv)not vote on a decision relating to the matter.

(2)Where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member of the Authority by whom the disclosure is made shall not be counted in the quorum for the meeting.

(3)Where at a meeting of the members of the Authority a question arises as to whether or not a course of conduct, if pursued by a member of the Authority, would constitute a failure by him to comply with the requirements of subsection (1), the question may be determined by the chairman of the meeting whose decision shall be final and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(4)Where the Minister is satisfied that a member of the Authority has contravened subsection (1), he may, if he thinks fit, remove that member from office and, in case a person is removed from office pursuant to this subsection, he shall thenceforth be disqualified from being a member of the Authority.

15. Disclosure by directors of subsidiaries of interests.

15.—(1)A director of a subsidiary of the Authority who has any material or financial interest—

(a)in any body corporate with which the subsidiary has made a contract or proposes to make a contract, or

(b)in any contract which the subsidiary has made or proposes to make,

shall, at a meeting of the subsidiary where any of the foregoing matters have arisen—

(i)disclose the fact of such interest and the nature thereof,

(ii)absent himself from the meeting or that part of the meeting during which the matter is discussed,

(iii)take no part in any deliberations of the subsidiary relating to the matter, and

(iv)not vote on any decision relating to the matter.

(2)Where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the director by whom the disclosure is made shall not be counted in the quorum for the meeting.

(3)Where at a meeting of the directors of a subsidiary of the Authority a question arises as to whether or not a course of conduct, if pursued by a director of the subsidiary, would constitute a failure by him to comply with the requirements of subsection (1), the question may be determined by the chairman of the meeting whose decision shall be final and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(4)Where the Minister is satisfied that a director has contravened subsection (1), he may, if he thinks fit, direct the Authority to remove that director from office and, in case a person is removed from office pursuant to this subsection, he shall thenceforth be disqualified from being a director of the subsidiary.

(5)Section 194 of the Companies Act, 1963, shall not apply to a director of a subsidiary of the Authority.

16. Disclosure by members of staff of certain interests.

16.—(1)Where a member of the staff of the Authority or a subsidiary of the Authority has an interest, otherwise than in his capacity as such a member, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the company or the subsidiary is a party, he shall—

(i)disclose to the Authority or the subsidiary, as the case may be, his interest and the nature thereof,

(ii)take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by directors or members of the staff of the company or the subsidiary in relation thereto, and

(iii)make no recommendation in relation to the contract, agreement or arrangement.

(2)Subsection (1) does not apply to contracts, or proposed contracts, of employment of members of the staff of the Authority with the Authority or of a subsidiary of the Authority with the subsidiary.

17. Prohibition on unauthorised disclosure of information.

17.—(1)A person shall not disclose confidential information obtained by him while performing duties as—

(a)a member of the Authority or a member of the staff of the Authority or an adviser or consultant to the Authority, or

(b)a director or a member of the staff of, or an adviser or consultant to a subsidiary of the Authority, or

(c)a member of a committee established under this Act,

unless he is duly authorised by the Authority or the subsidiary, as the case may be, or by a member of the staff of the Authority or the subsidiary, as the case may be, duly authorised in that behalf, to do so.

(2)In this section “confidential” means that which is expressed by the company or the subsidiary concerned, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description.

18. Committees.

18.—(1)The Authority may establish committees to assist and advise it in relation to the performance of any of its functions.

(2)The Authority may delegate to a committee any of its functions which, in its opinion, can be better or more conveniently exercised or performed by a committee.

(3)The Authority shall decide the terms of reference for any committee and may regulate the procedure of any such committee.

(4)The members of a committee shall be appointed by the Authority.

(5)A committee shall consist of such number of members as the Authority thinks proper.

(6)A committee may include persons who are not members of the Authority.

(7)A member of a committee who fails to perform his functions may be removed at any time by the Authority.

(8)The Authority may at any time dissolve a committee.

(9)The Authority may appoint a person to be chairman of a committee.

(10)The acts of a committee shall be subject to confirmation by the Authority save where it dispenses with the necessity for such confirmation.

(11)There shall be paid out of the income of the Authority to members of a committee such allowances for expenses incurred by them in the discharge of their functions as the Authority may determine with the consent of the Minister and the Minister for Finance.

(12)In this section “a committee” means a committee of the Authority established under this section.

19. F12[Race-fixtures committee

19.—(1)The committee ("race-fixtures committee") established by HRI to recommend the fixing of the annual list of race-fixtures to HRI other than point-to-point steeplechases continues in being.

(2)The race-fixtures committee, when considering race-fixtures for a racecourse, shall, before recommending the removal of any existing fixture from that racecourse, consult with the executive of the racecourse concerned and seek to agree with such executive how such removal may be achieved having regard to the economic importance of the fixture to that racecourse, in the context of the best interests of the horseracing industry.

(3)The chairman of the race-fixtures committee shall report to HRI on the activities of the race-fixtures committee.

(4)The race-fixtures committee shall have not more than 5 members (including a chairman) and shall include at least one representative from the Racing Regulatory Body and one from authorised racecourses with such other members that HRI considers appropriate.

(5)The chairman of the race-fixtures committee shall be appointed by HRI.

(6)The membership of the race-fixtures committee shall be limited to members of HRI.

(7)A member of the race-fixtures committee who fails to perform his or her functions may be removed at any time by HRI.

(8)HRI may regulate the procedure of the race-fixtures committee.

(9)There shall be paid out of the income of HRI to members of the race-fixtures committee such allowances for expenses (if any) incurred by them in the discharge of their functions as HRI may determine with the consent of the Minister and the Minister for Public Expenditure and Reform.

(10)The secretariat and the executive functions in serving the work of the race-fixtures committee shall be provided by HRI.

(11)HRI shall not be bound by any recommendation of the race-fixture committee and the final decision as to a race-fixture shall be taken by HRI.]

20. Race-programme committee.

20.—The Authority shall, after consultation with the Racing Regulatory Body, establish a committee (“the race-programme committee”) to determine the race-programme for all race-fixtures.

20A. F13[Industry services committee.

20A.— (1) HRI shall establish a committee ("industry services committee") to identify and improve the requirements of those employed in the industry and represent the interests of such workers.

(2) The chairman of the industry services committee shall report to HRI on the activities of the committee.

(3) The industry services committee shall have not more than 5 members (including a chairman) who shall represent the interests of—

(a) jockeys and qualified riders,

(b) persons (other than stable staff) employed in the horseracing industry, and

(c) stable staff.

(4) HRI shall, having consulted with the industry services sector, determine the constituencies and method of election of members of the industry services committee.

(5) The industry services committee shall elect a chairman from among the committee members.

(6) The term of office of an ordinary member of the industry services committee shall be 4 years and no member shall serve for more than 2 consecutive terms.

(7) The industry services committee may include persons who are not members of HRI.

(8) A member of the industry services committee who fails to perform his or her functions may be removed at any time by HRI.

(9) There shall be paid out of the income of HRI to members of the industry services committee such allowances for expenses (if any) incurred by them in the discharge of their functions as HRI may determine with the consent of the Minister and the Minister for Public Expenditure and Reform.

(10) HRI may regulate the procedure of the industry services committee.

(11) The secretariat and the executive functions relating to the work of the industry services committee shall be provided by HRI.]

20B. F14[Betting committee

20B.—(1) HRI shall establish a committee ("betting committee") to identify and improve the requirements of the betting sector generally.

(2) The chairman of the betting committee shall report to HRI on the activities of the committee.

(3) The betting committee shall have no more than 5 members (including a chairman) and members shall represent the interests of—

(a) on-course betting operators,

(b) off-course betting operators, and

(c) betting intermediaries,

licensed for such activities.

(4) HRI shall, having consulted with the betting sector, determine the constituencies and method of election of members of the betting committee.

(5) The betting committee shall elect a chairman from among the committee members.

(6) The term of office of an ordinary member of the betting committee shall be 4 years and no member shall serve more than 2 consecutive terms.

(7) The betting committee may include persons who are not members of HRI.

(8) A member of the betting committee who fails to perform his or her functions may be removed at any time by HRI.

(9) There shall be paid out of the income of HRI to members of the betting committee such allowances for expenses (if any) incurred by them in the discharge of their functions as HRI may determine with the consent of the Minister and the Minister for Public Expenditure and Reform.

(10) HRI may regulate the procedure of the betting committee.

(11) The secretariat and the executive functions relating to the work of the betting committee shall be provided by HRI.]

21. Chief executive.

21.—(1)There shall be a chief officer of the Authority who shall be known, and is referred to in this Act, as the chief executive.

(2)The chief executive shall carry on and manage and control generally the administration and business of the Authority, advise the Authority in relation to the performance of its functions and perform such other functions as may be determined by the Authority.

(3)The chief executive shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration) as may be approved of by the Authority with the consent of the Minister and the Minister for Finance.

(4)The chief executive shall be paid, out of moneys at the disposal of the Authority, such allowances for expenses incurred by him in the performance of his functions as may be determined by the Authority with the consent of the Minister and the Minister for Finance.

(5)The chief executive shall be appointed, and may be removed from office at any time where he fails to perform his functions satisfactorily, by the Authority.

(6)The chief executive shall devote the whole of his time to the duties as chief executive and shall not hold any other office or position without the consent of the Authority.

(7)The chief executive may make proposals to the Authority on any matter relating to its activities.

22. Staff of Authority.

22.—(1)The Authority may appoint such and such number of persons to be members of the staff of the Authority as it may determine.

(2)There shall be paid by the Authority to its officers and employees such remuneration and allowances for expenses as the Authority thinks fit.

(3)In determining the remuneration or allowances for expenses to be paid to its officers or employees or the terms or conditions subject to which such officers or employees hold or are to hold their employment, the Authority shall have regard either to Government or nationally agreed guidelines which are for the time being extant, or to Government policy concerning remuneration and conditions of employment which is so extant, and, in addition to the foregoing, the Authority shall comply with any directives with regard to such remuneration, allowances, terms or conditions which the Minister may give from time to time to the Authority with the consent of the Minister for Finance.

(4)The grades of the staff of the Authority, and the number of staff in each grade, shall be determined by the Authority.

(5)The Authority may at any time remove any officer or employee of the Authority from being its officer or employee where that officer or employee fails to perform his functions satisfactorily.

(6)The Authority may perform any of its functions through or by the chief executive or any other member of its staff duly authorised by the Authority in that behalf.

(7)A person accepted into the employment of the Authority under section 75 or appointed to the Authority under this section may be seconded from time to time to serve with a subsidiary of the Authority.

(8)Every member of the staff of the Authority seconded under subsection (7) shall continue to be a member of the staff of the Authority, but shall, while so seconded, be subject to the direction of the subsidiary of the Authority to which the member is seconded in its day to day operations, subject to such arrangements as may be made between the Authority and that company or racecourse, as the case may be.

23. Superannuation of staff of Authority.

23.—F15[(1) HRI shall, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of persons—

(a) appointed to positions on the staff of HRI, or

(b) transferred under section 27 of the Horse and Greyhound Racing Act, 2001, to HRI or a subsidiary of HRI and who—

(i) immediately before the establishment of HRI, were members of the staff of the Irish Horseracing Authority or a subsidiary of it and members of a superannuation scheme made by the Irish Horseracing Authority, or

(ii) immediately before the commencement of section 8 of the Horse and Greyhound Racing Act, 2001, were members of the staff of the Racing Regulatory Body and members of a superannuation scheme made by the Racing Regulatory Body.]

(2)A scheme under subsection (1) shall fix the time and conditions of retirement for all persons (including the chief executive) to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

(3)The Authority may, with the consent of the Minister and the Minister of Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.

(4)If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefits payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(5)No superannuation benefits shall be granted by the Authority on the resignation, retirement or death of persons (including the chief executive) who are members of a scheme under this section, nor shall any other arrangement be entered into for the provision of superannuation benefits to such persons on ceasing to hold office, other than in accordance with such scheme or schemes under this section.

(6)A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

F15[(7) Superannuation benefits granted under schemes under this section to persons who—

(a) immediately before the establishment of HRI, were members of the staff of the Irish Horseracing Authority or a subsidiary of it, or

(b) immediately before the commencement of section 8 of the Horse and Greyhound Racing Act, 2001, were members of the staff of the Racing Regulatory Body,

and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled before that establishment or commencement, as the case may be.]

(8)Where in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who has transferred to the staff of F15[HRI or its subsidiaries under section 27 of the Horse and Greyhound Racing Act, 2001], the benefit shall be calculated and paid by the Authority in accordance with the scheme or such enactments in relation to superannuation as applied to the person immediately before the establishment day and, for that purpose, his pensionable service with the Authority or its subsidiary shall be aggregated with his previous pensionable service.

(9)A scheme submitted by the Authority under this section, shall, if approved of by the Minister with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.

24. Premises of Authority.

24.—(1)The Authority may for the purposes of providing premises necessary for the due performance of its functions—

(a)purchase or take on lease any land,

(b)build, equip and maintain offices and premises.

(2)The Authority may sell or lease any land, offices or premises held by it which are no longer required for the due performance of its functions.

25. Application of funds of Authority.

25.—The Authority may apply its funds for all or any of the following purposes, that is to say—

(a)the payment of expenses incurred by it in the exercise and performance of its functions under this Act,

(b)the payment of any moneys in accordance with the terms of any totalisator licence held by the Authority or a company of the Authority,

(c)the making of payments, grants or loans for all or any one or more of the following purposes—

(i)the provision of stake-money and prizes at horse races held at authorised racecourses,

(ii)the reduction or subsidisation of entrance fees and similar charges in respect of such horse races,

(iii)the carriage of horses competing at race-fixtures,

(iv)the reduction or subsidisation of the charges to the public for admission to authorised racecourses,

F16[(v) the improvement of authorised racecourses and the amenities thereof, and in so doing may use a graded system of grant rates and may make—

(I) grants of up to 100 per cent. of the cost of projects involving essential non-revenue enhancing works such as health and safety measures, and

(II) grants of lower rates in respect of other development work,]

(vi)any other purpose, conducive to the improvement of horseracing,

(vii)any purpose, conducive to the improvement of the breeding of horses or to the development of the export trade in horses,

and the Authority may attach to any payment, grant or loan so made or proposed to be made by it such conditions as the Authority thinks proper.

26. Prize money.

F17[26.—(1) HRI shall, in respect of each horserace at a race-fixture at an authorised racecourse, approve the amount and form of any prize offered and, where the prize is in monetary form, make such deductions, as it sees fit, from the prize money in accordance with a directive of HRI undersection 10(3).

(2) HRI shall not alter a directive referred to insubsection (1)affecting trusts or charitable funds extant on the commencement of section 7 of the Horse Racing Ireland Act 2016, however so administered without the agreement of the person administering the trust or the fund.]

27. Advances by Minister to Authority.

27.—The Minister may from time to time, with the consent of the Minister for Finance, advance to the Authority out of moneys provided by the Oireachtas, such sums as the Minister may determine for the purpose of expenditure by the Authority in the performance of its functions.

28. Accounts and audits of Authority.

28.—(1)The Authority (and any subsidiary of the Authority) shall keep in such form as may be approved of by the Minister all proper and usual accounts of all moneys received or expended by it including a profit and loss account, a balance sheet and a cash flow statement in relation to its functions under this Act.

F18[(2) Accounts kept in pursuance of this section shall be submitted not later than 3 months after the end of the financial year to which they relate by HRI to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the income and expenditure account, the balance sheet and such other (if any) accounts kept pursuant to this section as the Minister, after consultation with the Minister for Finance, may direct and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.]

F19[(3) The chief executive shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which HRI is required by this Act to prepare,

(b) the economy and efficiency of HRI in the use of its resources,

(c) the systems, procedures and practices employed by HRI for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting HRI referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act, 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified inparagraph (a),(b)or(c)) that is laid before Dáil Éreann.]

29. Reports to Minister by Authority.

29.—(1)As soon as may be after the end of the accounting year of the Authority in which F20[the day of the establishment of HRI] falls and of each subsequent accounting year of the Authority, the Authority shall present a report to the Minister of its activities in that year and the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.

(2)The Authority (or any subsidiary of the Authority) shall, whenever so requested by the Minister, furnish to him information in relation to such matters as he may specify concerning or relating to the scope of its activities, or its strategy, generally or in respect of any account prepared by the Authority or any report specified in subsection (1) or the policy and activities, other than day to day activities, of the Authority.

29A. F21[Compliance by HRI with State Bodies Code of Practice, etc.

29A.—(1) HRI (or a subsidiary of HRI) shall, whenever so requested by the Minister, furnish to him or her, information in relation to such matters as he or she may specify concerning, or relating to, the scope of its activities (including its compliance with the Code of Practice for the Governance of State Bodies issued by the Minister for Public Expenditure and Reform or other such codes or policy documents that may issue from time to time by a member of the Government), or its strategy, generally or in respect of any account prepared by HRI or any report specified in section 29(1) or the policy and activities, other than day to day activities, of HRI.

(2) The Minister may give a direction to HRI in relation to its compliance with a code or policy document referred to insubsection (1).

(3) The Minister may require HRI and the Racing Regulatory Body to agree procedures to ensure compliance with Government codes of practice, guidelines and policy documents and provision of financial and other information in relation to any matter funded by HRI.]

30. Borrowing by Authority.

30.—The Authority or any subsidiary of it may, for the purpose of providing for current or capital expenditure, from time to time borrow money (whether on the security of the assets of the Authority or otherwise), including money in a currency other than the currency of the State but shall not do so without the consent of the Minister and the Minister for Finance.

31. Gifts.

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

(2)The Authority shall not accept a gift if the trusts or conditions attached to it would be inconsistent with its functions.

32. Investments, joint ventures, etc.

32.—The Authority or any of its subsidiaries may, as it sees fit—

(a)invest its funds in any lawful manner, or

(b)with the consent of the Minister and the Minister for Finance and subject to any conditions of either of those Ministers enter into joint ventures or partnerships with other persons,

for the benefit of Irish horseracing.

33. Starting price.

33.—(1)A person shall not determine or disseminate the starting price on any horse race at a race-fixture at an authorised racecourse save under and in accordance with a starting price licence.

(2)The Authority shall, subject to this section, grant a starting price licence, subject to such conditions or restrictions as it sees fit, to a person who is acceptable to it and is nominated by the executive of an authorised racecourse or a body representing authorised racecourses to determine and disseminate the starting price in respect of horse races—

(a)in the case of a nomination by the executive of an authorised racecourse, at race-fixtures at its racecourse, or

(b)in the case of a nomination by a body representing authorised racecourses, at race-fixtures at any or all racecourses which that body represents.

(3)It shall be a condition of a starting price licence that the person who makes the nomination under subsection (2) shall not have any involvement in the determination or dissemination of the starting price or any property rights in relation to the starting price to which the licence relates.

(4)In the absence of a nomination acceptable to the Authority under subsection (2), the Authority may grant to another person a starting price licence, subject to such conditions or restrictions as it sees fit, to determine and disseminate the starting price in respect of horse races at race-fixtures at any racecourse specified in the licence in respect of which a starting price licence has not been granted under subsection (2).

(5)There shall be not more than one starting price determined for the purposes of dissemination in respect of any particular horse in any horse race at a race-fixture.

(6)The Authority may, in order to protect the integrity of the starting price return—

(a)restrict who may be granted a starting price licence, or

(b)limit the number of starting price licences.

(7)A starting price licence shall be in force for such period as the Authority may decide and in order to protect the integrity of the starting price return different licences may be in force for different periods.

(8)The Authority may, in order to protect the integrity of the starting price return, revoke or suspend for such period as it thinks fit a starting price licence.

34. Authority or company of Authority may hold and operate totalisator licence.

F22[34.—The Authority or, with the consent of the Authority, a company of the Authority may—

(a) apply for and hold a totalisator licence, and

(b) provide pool betting pursuant to the licence in accordance with the Act of 2024 and, where the pool betting is provided from one or more premises specified in the licence under section 114 (2) or 115 (3) of that Act, provide the pool betting in such place or places on the premises as it thinks fit.]

35. Company of Authority may hold and operate bookmakers licence.

35.—A company of the Authority established for the sole purpose of carrying on the business of bookmaker may apply for and hold F23[an in-person betting licence or an in-person and remote betting licence that authorises the licensee of the licence to act as a bookmaker (within the meaning of section 3 (2) of the Act of 2024)].

36. Establishment of companies by Authority.

36.—F24[(1) HRI may, either by itself or with another person, with the consent of the Minister and the Minister for Public Expenditure and Reform, and subject to any conditions of either of those Ministers, establish or take part in the establishment of a company to perform any of the functions conferred upon it by this Act.]

(2)The Authority may exercise total or partial control of the board of directors, by whatever name called, of a company of the Authority that controls or manages the company.

(3)The memorandum and articles of association of a company of the Authority shall be in such form consistent with this Act as may be approved of by the Authority.

(4)A company of the Authority shall make such reports and in such manner to the Authority as it may require.

(5)A company of the Authority may enter into joint ventures with other persons.

(6)The chief officer of a company of the Authority shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration) as may be approved of by the board of directors (or other authority, by whatever name called, that controls any such company) with the consent of the Minister and the Minister for Finance.

37. Authority may acquire, etc., shares in, and become member of, company.

37.—The Authority may, with the consent of the Minister and the Minister for Finance, acquire, hold and dispose of shares or other interests in a company and become a member of a company.

38. Authority may establish, etc., racecourses.

38.—(1)The Authority may, after giving notice to the executives of all authorised racecourses, establish or lease and operate, racecourses.

(2)The Authority may maintain, equip and develop any racecourse established or leased by it under this section.

(3)A racecourse established or leased by the Authority under this section may be operated and maintained by a company of the Authority.

(4)The Authority may organise and hold race-meetings at any racecourse operated or maintained by or on behalf of it under this section.

(5)The Authority may sell or lease any racecourse established under this section.

(6)Any racecourse established under section 14 of the Act of 1945 which is in being immediately before the establishment day shall on that day continue in being as if established under this section.

38A. F25[Thoroughbred foal levy.

38A.—(1) There may be charged and levied by the Authority in each year beginning with such year as may be prescribed, with the consent of the Minister, a levy (referred to subsequently in this section as "levy") on all thoroughbred foals registered in a stud-book.

F26[(2) Levy shall be paid by the owner or keeper (acting as an agent of the owner) of a thoroughbred foal born in the State in advance of registering the foal in a stud-book in the State.]

F27[(2A) A person who maintains a stud-book may refuse to register a foal until the owner or keeper (acting as an agent of the owner) of the foal is able to provide proof that levy has been paid.]

(3) Levy shall be paid to the Authority at such time and in such manner as may be prescribed.

(4) Subject to subsection (5), the rate or scale of rates of levy in each year shall be such rate or rates as may be prescribed with the consent of the Minister.

(5) Any rate prescribed under subsection (4) shall not be more than £1,000.

(6) The Authority may enter into arrangements with another person who maintains a stud-book for the collection and recovery of levy.

(7) The Authority may recover as a simple contract debt in any court of competent jurisdiction levy from any person by whom it is payable.

(8) The proceeds of levy shall be expended on the basis of a programme for the benefit of horse breeders to be decided by the Authority after consultation with any person which the Authority considers to be representative of horse breeders.

(9) In this section "stud-book" means a stud-book maintained by a body approved under the European Communities (Equine Stud-Book and Competition) Regulations, 1993 (S.I. No. 305 of 1993).]

PART III The Racing Regulatory Body

39. Racing Regulatory Body.

39.—F28[(1) The Racing Regulatory Body continues in being and the general functions of that Body shall, for the purposes of this Act, be—

(a) to be solely and independently responsible for the making and enforcing of the Rules of Racing,

(b) to provide adequate integrity services to horseracing,

(c) to ensure the provision of on-course integrity services by employing, monitoring and controlling the activities of horseracing officials, including the following—

(i) inspectors of courses,

(ii) clerks of the courses,

(iii) clerks of scales,

(iv) handicappers,

(v) starters,

(vi) judges,

(vii) veterinary officers,

(viii) medical officers,

(ix) security officers,

(x) stewards’ secretaries,

(xi) veterinary assistants, and

(xii) senior racing officials,

(d) upon payment to HRI of the appropriate licence fee, to license racecourses, under the Rules of Racing and all participants in racing, including all classes of trainers, jockeys, jockeys’ valets, jockeys’ agents and stablestaff,

(e) to set charges for licences, registration of hunter certificates and participation in point-to-point steeplechases, in consultation with HRI, and in so doing to have regard to the annual budget agreed undersection 42,]

F29[(f) to make all decisions relating to doping control, forensics and handicapping in respect of horseracing,

(g) to be responsible for the representation of Irish horseracing internationally in respect of its functions under this Act,

(h) to develop codes of practice and assurance schemes for matters within its functions under this Act, and

(i) to maintain the existing nature of point-to-point steeplechases, including making and enforcing the Irish National Hunt Steeplechase Regulations for point-to-point steeplechase as made by the Stewards of the Irish National Hunt Steeplechase Committee).]

F30[(2) Nothing in this section shall prevent the transfer of any functions specified insubsection (1)to HRI in accordance with paragraph (f) of section 8(1) of the Horse and Greyhound Racing Act, 2001.]

39A. F31[Accounts, etc. of Racing Regulatory Body

39A.(1) The Racing Regulatory Body shall keep all proper and usual accounts of all moneys received or expended by it including a profit and loss account, a balance sheet and a cash flow statement in relation to its functions under this Act.

(2) Accounts kept in pursuance of this section shall be submitted not later than 3 months after the end of the financial year to which they relate by the Racing Regulatory Body to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the income and expenditure account, the balance sheet and such other (if any) accounts kept pursuant to this section as the Minister, after consultation with the Minister for Public Expenditure and Reform, may direct and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.

(3) The chief executive of the Racing Regulatory Body or a person acting in such a capacity shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Racing Regulatory Body is required by this Act to prepare,

(b) the economy and efficiency of the Racing Regulatory Body in the use of its resources,

(c) the systems, procedures and practices employed by the Racing Regulatory Body for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Racing Regulatory Body referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified inparagraph (a),(b)or(c)) that is laid before Dáil Éireann.

(4) The Racing Regulatory Body shall, whenever so requested by the Minister, furnish to him or her information in relation to such matters as he or she may specify concerning or relating to the scope of its activities under this Act (including its compliance with such codes or policy documents that may issue from time to time by a member of the Government) or its strategy, generally or in respect of any account prepared by it undersubsection (1)or the policy and activities, other than day to day provision of integrity services.

(5) The Racing Regulatory Body shall whenever requested by HRI, furnish information in relation to its functions undersection 39(including such information in relation to its income derived from its functions in order to assist HRI in determining annual budget requirements) as is specified in the request.]

40. Charges by Racing Regulatory Body.

40.—(1)Subject to sections 41 (1) and 42, the Racing Regulatory Body may make such charges as it considers necessary to enable it to perform any of its functions or to provide any of its services.

(2)The Racing Regulatory Body may recover as a simple contract debt in any court of competent jurisdiction from any person from whom it is payable any amount due and owing under this section.

41. Funds of Racing Regulatory Body.

F32[41.—Funds held by the Racing Regulatory Body in individual client accounts including all supporting assets and liabilities in respect of the functions to be transferred to HRI under section 8 of the Horse and Greyhound Racing Act, 2001, shall be transferred to HRI on the commencement of that section.]

42. Costs of integrity services.

42.—F33[(1)]The costs of integrity services provided by the Racing Regulatory Body shall be guaranteed by the Authority on the basis that the budget prepared by the Racing Regulatory Body of the costs of such services shall be submitted to and agreed annually with the Authority and the guarantee shall be limited to the amount of the costs of integrity services contained in the agreed budget.

F34[(2) If in respect of the costs of integrity services in any particular year, agreement is not reached between HRI and the Racing Regulatory Body on the budget—

(a) they may agree to the appointment of one expert or group of persons or consultancy to arbitrate on the cost of the provision of those services for that year and the decision of the expert or group or consultancy shall be final and binding on both parties, or

(b) in case they fail to agree to any such appointment to arbitrate on that cost, the Minister may appoint a person to so arbitrate and the decision of that person shall be final and binding on both parties.]

F35[(3) HRI shall account for and pay, without undue delay or any set off, counterclaim or deduction, to the Racing Regulatory Body any funds received by it—

(a) undersection 39(1)(d),

(b) as a result of registration of hunter certificates or registration of participants in point-to-point steeplechases, or

(c) in the form of fines under the Rules of Racing,

and such amounts shall be taken into consideration when determining a budget for integrity services undersubsection (1)after appropriate deductions for the reasonable requirements of the Racing Regulatory Body to ensure it maintains appropriate independent functions and infrastructure.]

43. Collection of fees and charges on behalf of Authority.

43.—F36[…]

44. Alteration of Rules of Racing.

44.—F37[(1) The Racing Regulatory Body shall consult with HRI when making or amending the Rules of Racing. The Racing Regulatory Body may dispense with such consultation where it considers there is an urgency to make the Rules of Racing and shall inform HRI accordingly.]

F38[(2) HRI shall publish in the racing calendar any Rules referred to it undersubsection (1)and any other information required to be published under the Rules of Racing, in accordance with the Rules of Racing.]

45. Appeals against sanctions of Racing Regulatory Body.

45.—F39[(1) Where the Racing Regulatory Body imposes a sanction against any person involved in horseracing or refuses to grant to a person a licence or suspends or revokes a licence granted, undersection 39(b)or(c), it shall afford the person an opportunity to appeal to it or such other person nominated by it against the sanction imposed or the refusal to grant or the suspension or revocation, of the licence, as the case may be.]

(2)The Racing Regulatory Body shall provide an appeals procedure and ensure that any appeal referred to in subsection (1) is heard in a fair and impartial manner.

46. Racing Regulatory Body to determine whether race-fixtures may be held.

46.—The Racing Regulatory Body or a person acting on its behalf shall, in respect of each race-fixture to be held at an authorised racecourse, determine before the fixture whether that race-fixture may be held having considered the following criteria—

(a)the safety of horses and riders both on and off the racetrack,

(b)the condition in respect of safety of fences, hurdles or other obstacles on the racetrack,

(c)the condition of the running surface of the racetrack,

(d)the efficiency of the management of the racecourse in respect of the holding of horse races at that fixture, and

(e)any other matter that might affect the safe operation of horse races at the race-fixture.

PART IV Bookmakers and Betting

47. Prohibition of course-betting by bookmakers not holding permits from Authority.

47.—(1)A person shall not carry on the business of a bookmaker at an authorised racecourse F40[or point-to-point steeplechase meeting], unless such person is an authorised bookmaker or a person specified in a course-betting representative permit.

(2)An authorised officer or a person acting under the direction of the executive of an authorised racecourse who has reasonable cause to believe that a person is not an authorised bookmaker or a person specified in a course-betting representative permit and is carrying on the business of a bookmaker at an authorised racecourse may require the person to immediately leave the racecourse.

(3)A person shall comply with a requirement made of him under subsection (2).

(4)Where a person fails to comply with a requirement made of him under subsection (2) an authorised officer or a person acting under the direction of the executive of the authorised racecourse concerned may, with the assistance of a member of the Garda Síochána if he considers it necessary, remove (by reasonable force if necessary) the person from the racecourse.

48. Course-betting permits and course-betting representative permits.

48.—(1)Subject to subsection (3), the Authority may grant to a licensed bookmaker a permit (“a course-betting permit”) authorising him to carry on, in person, at an authorised racecourse F41[or point-to-point steeplechase meeting] the business of bookmaking in respect of horse races held at an authorised racecourse F41[or point-to-point steeplechase meeting] and races or other events taking place elsewhere.

(2)The Authority may grant to an authorised bookmaker a permit (“a course-betting representative permit”) to carry on, in the absence of that authorised bookmaker, through an employee or agent (being a licensed bookmaker) specified in the permit the business of bookmaking as specified in subsection (1).

(3)A course-betting permit granted to a company of the Authority shall restrict the company on a racecourse to operate only from a betting office.

(4)The Authority may refuse an application for a permit under this section where it considers the applicant is not a fit or proper person to hold such a permit or the person to be specified in a course-betting representative permit is not a fit or proper person.

(5)An application for a permit under this section shall be in such form and contain such particulars as the Authority may from time to time require.

(6)F42[Subject to the Act of 2024, the Authority may attach to a permit granted under this section such terms and conditions] as it thinks fit and it may also, from time to time, attach further terms or conditions or vary the conditions to such a permit or remove any such terms or conditions.

(7)(a)The holder of a permit granted under this section shall comply with any terms or conditions attached to the permit.

(b)A person specified in a course-betting representative permit shall comply with any terms or conditions attached to the permit.

(8)A course-betting permit shall contain the name of the holder thereof.

(9)(a)The Authority may, where it feels it has reasonable grounds for so doing at any time, suspend for such time as it thinks fit or revoke a permit granted under this section.

(b)An authorised bookmaker who without reasonable cause fails or neglects to pay or credit to a person with whom he has a bet an amount due to that person shall have any permit granted to him suspended or revoked by the Authority.

F43[(c) HRI may, where an authorised bookmaker has failed to comply with regulations made undersection 53(1)(b), suspend for such time as it thinks fit or revoke a permit granted under this section to that bookmaker.]

(10)Where the Authority, in the exercise of its powers under this section, proposes to refuse an application for a permit under this section or to suspend or revoke a permit granted under this section it shall—

(a)inform the bookmaker concerned in writing of the proposal, and

(b)afford to him upon request, within 7 days after being so informed, an opportunity to make to it any written or oral representations in relation to the proposal and shall consider any such representations made to it.

(11)Where an application for a permit under this section is refused, or a permit granted under this section is suspended or revoked, notice of the refusal, suspension or revocation shall be served on the bookmaker concerned either personally or by prepaid registered post within the period of 7 days beginning on the day on which the Authority decides on the refusal, suspension or revocation.

(12)Subject to subsections (13) and (14), where a permit granted under this section is suspended or revoked, the suspension or revocation shall be expressed as coming into operation on a specified day which shall not be before the expiration of the period of 14 days beginning on the day on which the authority decides on the suspension or revocation.

(13)Where the suspension or revocation of a permit granted under this section is in respect of a failure or neglect to pay or credit to a person an amount due to the person by the bookmaker concerned in respect of a bet entered into by the person with the bookmaker, the permit shall be suspended or revoked immediately.

(14)Where—

(a)an appeal is taken under section 57 against the suspension or revocation of a permit granted under this section,

(b)the suspension or revocation is not in respect of a failure or neglect to pay or credit to a person an amount due to the person by the bookmaker concerned in respect of a bet entered into by the person with the bookmaker, and

(c)on the day on which the suspension or revocation is expressed as coming into operation, the appeal has not been withdrawn or determined,

the operation of the suspension or revocation shall stand suspended until (as may be appropriate) the appeal is withdrawn or determined by the Bookmakers Appeal Committee.

(15)A permit granted under this section shall be in force for such period not exceeding 3 years as the Authority may decide specified therein.

(16)Where an authorised bookmaker ceases to be a licensed bookmaker, or is the subject of an exclusion notice under section 62, any permit granted to him under this section shall, for the purposes of this Act, cease to be in force.

(17)Where the person specified in a course-betting representative permit is the subject of an exclusion notice, or ceases to be a licensed bookmaker, the permit shall, for the purposes of this Act, cease to be in force.

(18)An authorised bookmaker who ceases to be a licensed bookmaker shall surrender to the Authority any permit granted to him under this section upon such cessation.

(19)The holder of a permit granted under this section or his employee or agent shall not wilfully alter such permit granted under this section and any such permit so altered shall cease to be in force.

(20)A course-betting permit granted under section 24 of the Act of 1945 which is in force immediately before the establishment day shall, on that day, continue in force as if granted under this section.

(21)(a)In this section “employee or agent” means—

(i)a spouse F44[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], parent, child, sibling, nephew or niece of the authorised bookmaker, or

(ii)F45[a person who has been nominated as his employee or agent by a bookmaker.]

(b)The Authority may by regulations amend the definition in this subsection.

49. Authorised officers.

49.—(1)The Authority may appoint in writing such and so many persons as it sees fit to be authorised officers for the purposes of this Act.

(2)A warrant of appointment as an authorised officer shall be issued to every person appointed under this section who when exercising any function conferred on the person as an authorised officer, shall, if requested by a person affected, produce the warrant to that person.

(3)The Authority may at any time terminate an appointment as an authorised officer.

(4)Every person appointed to be an authorised officer under the Act of 1945 and being such an officer immediately before the establishment day shall, on that day, continue to be an authorised officer as if appointed under this section.

(5)An appointment under this section as an authorised officer shall cease—

(a)where the Authority terminates it under subsection (3), or

(b)where the person appointed is an officer or employee of the Authority or its subsidiary upon his ceasing to be such an officer or employee.

50. Requirement to produce course-betting, or course-betting representative, permit to authorised officer.

50.—(1)An authorised officer may require any person, whom he observes carrying on the business of a bookmaker at any authorised racecourse F46[or point-to-point steeplechase meeting], to produce his course-betting permit, or course-betting representative permit, as the case may be.

(2)Where a person who is required under this section to produce his permit—

(a)refuses or fails to produce such permit, or

(b)produces such permit, but fails or refuses to permit an authorised officer making the requirement to read or examine such permit,

the authorised officer may require the person's name and address.

(3)A person shall not refuse or fail to comply with a requirement made to him by an authorised officer under this section.

51. Powers of entry, inspection, etc., of authorised officers and officers of customs and excise.

51.—(1)An authorised officer may at all reasonable times without warrant enter any authorised racecourse F47[, point-to-point steeplechase meeting] or any betting office or any other place or premises where he has reasonable grounds to believe the business of bookmaking is carried on and may—

(a)require any person whom he has reasonable grounds to believe is carrying on the business of bookmaking or employed in connection therewith to produce all books, accounts or other documents or records relating to bookmaking at an authorised racecourse F47[, point-to-point steeplechase meeting] and, in the case of such information in a non-legible form (including such information in a computer), to produce it in a legible form,

(b)search for, inspect and take copies of or extracts from any books, accounts or other documents or records (including, in the case of any such information in non-legible form, a copy of or extract from such information in a permanent legible form) relating to bookmaking at an authorised racecourse F47[, point-to-point steeplechase meeting], and

(c)remove and retain the said books, accounts or other documents or records for such period as may be reasonable for further examination.

(2)An officer of customs and excise may at all reasonable times without warrant enter any authorised racecourse F47[, point-to-point steeplechase meeting] or any betting office and may—

(a)require any person whom he has reasonable grounds to believe is carrying on the business of bookmaking or employed in connection therewith to produce all books, accounts or other documents or records relating to bookmaking and, in the case of such information in a non-legible form (including such information in a computer), to produce it in a legible form,

(b)search for, inspect and take copies of or extracts from any books, accounts or other documents or records (including, in the case of any such information in non-legible form, a copy of or extract from such information in a permanent legible form) relating to bookmaking, and

(c)remove and retain the said books, accounts or other documents or records for such period as may be reasonable for further examination.

(3)A person shall not refuse or fail to comply with a requirement made to him by an officer under this section and shall provide to such officer all facilities and assistance necessary for the exercise by such officer of any power conferred on him by this section.

(4)A person shall not by himself, or by any person in his employment or acting by his direction or with his consent, refuse or fail to admit any authorised officer or officer of customs and excise in the execution of his duty requiring to enter a racecourse (or any part thereof) F47[, a point-to-point steeplechase meeting] or a betting office in pursuance of this section.

52. Obstruction of authorised officers or officers of customs and excise.

52.—A person shall not resist, obstruct or impede an authorised officer or an officer of customs and excise in the exercise of any power conferred on him by this Act.

53. Regulations in relation to authorised bookmakers.

53.—(1)F48[Subject to the Act of 2024 and this section, the Authority may, by regulations, provide]—

(a)for fixing the conditions governing and fixing the charges to be made by the executive of an authorised racecourse to an authorised bookmaker for admission to the racecourse (and different charges may be fixed in respect of different authorised racecourses and in respect of different parts of the same racecourse):

Provided that in fixing such conditions and charges, the Authority shall not fix for the admission of an authorised bookmaker to any part of that racecourse a charge exceeding 5 times the charge then made to a member of the public for admission to that part,

F49[(b) for governing the activities of authorised bookmakers at authorised racecourses, including—

F48[(i) the relevant betting activities that may be made available, and]

(ii) the methods of bookmaking and practices employed by such bookmakers such as—

(I) the timing for opening a book,

(II) the setting, changing and presentation of betting odds on offer,

(III) the requirements for pay-outs of winnings, and

(IV) the use of appropriate modern facilities and equipment.]

(c)for the provision of facilities for authorised bookmakers by the executive of an authorised racecourse,

(d)for the permitting of authorised bookmakers to operate from betting offices F50[at authorised racecourses],

(e)for the regulation of—

F48[(i)the relevant betting activities that may be made available at betting offices,]

(ii)the structure and location of betting offices,

(iii)the operation and opening hours of betting offices,

(iv)the persons who may be admitted to, or permitted to place bets at, betting offices,

(v)good order and conduct at betting offices.

F51[(1A) The Authority shall consult with the Gambling Regulatory Authority of Ireland before making regulations providing for any matter referred to inparagraphs (b)to(e)ofsubsection (1).]

F52[(2) Regulations made undersubsection (1)(e)(iii)of this section in respect of the opening hours of betting offices may permit betting offices to open for business any time at an authorised racecourse—

F48[(a) on any day and during such hours that are not prescribed under section 176 (1) of the Act of 2024 as days or hours, or both, during which a licensee (within the meaning of the Act of 2024) of an in person gambling licence may not open a premises in respect of which the licence is held, and]

(b) on the day of a race-fixture at the racecourse, also from the time the public are permitted admission to the racecourse and up to two hours after the conclusion at it of the last race where that would exceed the hours referred to inparagraph (a).]

(3)The Authority where it proposes to make regulations under subsection (1) may have regard to any agreement between authorised racecourses and authorised bookmakers in relation to any matter referred to in that subsection.

(4)A person to whom any regulation made under subsection (1) applies shall comply with such regulation.

F51[(5) In this section, "relevant betting activity" has the same meaning as it has in the Act of 2024.]

54. Levies payable by authorised bookmakers on course bets.

54.—(1)F53[(a)An authorised bookmaker who enters into a bet at an authorised racecourseF54[or point-to-point steeplechase meeting]on an event taking place there or elsewhere, other than by means of telecommunications from outside the racecourse, shall pay to the Authority a levy on such bet.]

(b)The rates of levy payable under paragraph (a) shall be—

(i)in respect of a bet with an authorised bookmaker other than in a betting office and placed solely on a horse race taking place at the authorised racecourse F54[or point-to-point steeplechase meeting] at which the bet is placed F55[, zero per cent. or such other percentage of not more than 5 per cent.] as the Authority, with the consent of the Minister, may from time to time prescribe, or

(ii)in respect of all bets placed in a betting office at an authorised racecourse F54[or point-to-point steeplechase meeting] and in respect of any bet placed at an authorised racecourse F54[or point-to-point steeplechase meeting] where all or any part of that bet relates to an event being either a horse race or any other event taking place elsewhere, the same rate of levy as that rate of excise duty which would apply under section 24 of the Finance Act, 1926 (as amended by section 31 of the Finance Act, 1985) to such bet if it was placed other than at an authorised racecourse F54[or point-to-point steeplechase meeting].

(c)If the event the subject of a bet under paragraph (b)(i) 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 percentage referred to in that subparagraph of that total amount.

(d)For the purposes of this section the amount of a 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.

(2)(a)An authorised bookmaker who fails or neglects to pay any sum payable by him in respect of a levy may have any permit granted to him under section 48 suspended or revoked by the Authority.

(b)The Authority may restore any such permit where it is satisfied that all arrears of levy due under subsection (1) (including interest at an appropriate percentage rate) have been paid.

(3)Every levy payable by any person shall be recoverable from that person by the Authority as a simple contract debt in any court of competent jurisdiction.

(4)(a)Where a bookmaker is found not to have paid levy due or not to have made proper returns to the Authority in respect of such levy or both for a period of one month, the Authority may make an assessment of levy due and may charge interest at an appropriate rate from the day on which any such levy first became due and in doing so shall have regard to the level of interest rates generally in the State.

(b)(i)Subject to subparagraph (ii), interest at an appropriate percentage rate to be charged by the Authority under this section shall be 15 per cent. per annum.

(ii)The Authority may, with the consent of the Minister, if it is satisfied that the appropriate percentage rate for the time being standing specified in this section, ought, having regard to the level of rates of interest generally in the State, to be varied, by regulations vary the rate of interest so standing specified and this section shall have effect in accordance with the terms of any such regulations.

(5)(a)Whenever it is proved to the satisfaction of the Authority that a course bet in respect of which a levy is payable has become a void bet the Authority 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 such course bet.

(b)In this paragraph “void bet” means a course bet placed either on a horse in a race at a race-fixture or on another event which has been abandoned, declared void or postponed to another day or placed on a horse which does not achieve a fair start as required by the Rules of Racing.

(6)Subsection (1)(b)(ii) shall come into operation on such day as the Minister may appoint by order.

54A. F56[Turnover charge payable by authorised bookmakers on course bets.

54A.—(1) An authorised bookmaker who enters into a bet at an authorised racecourse, on an event taking place there or elsewhere, other than by means of telecommunications from outside the racecourse, the subject of levy undersection 54, shall pay to the Authority a turnover charge on such bet.

(2) The rate of turnover charge payable undersubsection (1)shall be—

(a) in respect of a bet with an authorised bookmaker other than in a betting office and placed solely on a horse race taking place at the authorised racecourse at which the bet is placed,F57[0.5 per cent]. or such other percentage of not more than 2.5 per cent. as the Authority, with the consent of the Minister, may, from time to time, prescribe; and

(b) in respect of all bets placed in a betting office and in respect of any bet placed at an authorised racecourse where all or any part of that bet relates to an event being either a horse race or any other event taking place elsewhere, 0.3 per cent. or such other percentage standing specified under regulations undersection 54D.]

54B. F58[Flat rate charges payable by authorised bookmakers.

54B.—The Authority may make such flat rate charges as it considers necessary and appropriate in respect of—

(a) the activities of an authorised bookmaker,

(b) the activities of a licensed bookmaker at licensed rececourses which are licensed to hold point to point race-meetings,

(c) a pitch held by an authorised bookmaker at an authorised racecourse,

(d) a pitch held by a licensed bookmaker at a licensed racecourse which is licensed to hold point to point race-meetings,

(e) a betting office,

and different charges may be made in respect of different locations or race-meetings having regard to the potential value of the location or meeting for the business of bookmaking.]

54C. F59[Suspension or revocation of course-betting permit if charges are not paid.

54C.—(1) An authorised bookmaker who fails or neglects to pay any sum payable by him in respect of a charge due undersection 54Aor54Bmay have any permit granted to him undersection 48suspended or revoked by the Authority.

(2) The Authority may restore any such permit where it is satisfied that all arrears of the charge is paid (including interest at an appropriate percentage rate).

(3) The Authority may recover as a simple contract debt in any court of competent jurisdiction from any person by whom it is payable any amount due and owing undersection 54Aor54B.

(4) Insection 54(4)and(5)any reference to levy shall be construed as including a reference to charges undersection 54Aor54B.]

54D. F60[Turnover charge payable by licensed bookmakers on off course bets.

54D.—(1) A licensed bookmaker who enters into a bet on any event, subject to the duty of excise imposed by section 24 of the Finance Act, 1926, shall pay to the Revenue Commissioners for and on behalf of the Authority a turnover charge on such bet ofF61[zero per cent.]or such other percentage of not more than 2.5 per cent. as the Minister, with the consent of the Minister for Finance, may from time to time, specify in regulations.

(2) Any percentage specified by regulations undersubsection (1)shall be the percentage specified for the purposes of section 54A(2)(b) and of section 32A(2)(b) of the Greyhound Industry Act, 1958.

(3) The provisions of sections 24(4), 25 and 26 of the Finance Act, 1926, and section 32 of the Finance Act, 1929, shall, subject to any necessary modifications, apply to the turnover charge imposed bysubsection (1).]

54E. F62[Annual charge payable in respect of registered premises.

54E.—F63[…]]

54F. F64[Transfer by Authority of portion of sums collected to Board na gCon.

54F.—The Authority shall transfer to Bord na gCon 20 per cent. of any amount paid to or collected by or on behalf of the Authority undersection 54D(1)or54E.]

55. Regulations for payment of levies on course bets.

55.—(1)The Authority may make regulations for securing the payment of levies F65[or charges under this Part] and generally for carrying the provisions in relation to levies F65[or charges under this Part] into effect and in particular for—

(a)requiring authorised bookmakers who are liable to pay levies F65[or charges under this Part]—

(i)to enter, in the prescribed manner and at the prescribed time, particulars of all course bets in the prescribed records,

(ii)to retain such records for the prescribed time,

(iii)to send, on the request of the Authority, such records to the Authority,

(iv)to furnish copies of such records to the Authority at such time or times as may be prescribed,

(b)entering into arrangements by the Authority with (and taking security from) authorised bookmakers desiring to pay levies F65[or charges under this Part] on the basis of returns furnished by them,

(c)the granting to authorised bookmakers by the Authority of remissions or refunds (as the case may require) of a levy F65[or a charge under this Part] in cases in which the whole or any part of the contingent liability of a bookmaker in respect of a bet made, laid or otherwise entered into by him is shown to the satisfaction of the Authority 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)A person who, without reasonable cause, contravenes any regulations made under subsection (1) may have any permit granted to him under section 48 suspended or revoked by the Authority.

(3)A person shall comply with any regulation made under this section and shall not make, in any record kept in pursuance of any regulation under this section, any false entry with regard to a course bet.

PART V The Bookmakers Appeal Committee

56. Bookmakers Appeal Committee.

56.—(1)There shall, on the establishment day, be a committee (to be known as the Bookmakers Appeal Committee) to determine the appeals provided for by section 57.

(2)The Bookmakers Appeal Committee shall consist of the following members—

(a)a chairman who shall be a judge or a practising barrister or solicitor of at least 7 years’ standing, and

(b)4 ordinary members.