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.