Irish Sports Council Act 1999

PART I Preliminary and General

1 Short title.

1.—This Act may be cited as the Irish Sports Council Act, 1999.

2 Interpretation.

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

“the chief executive” means the person appointed from time to time under section 17 to be the chief officer of the Council;

“committee” means a committee established under section 18;

“competitive sport” means all forms of physical activity which, through organised participation, aim at expressing or improving physical fitness and at obtaining improved results in competition at all levels;

“the Council” means the body established under section 5;

“doping in sport” has the same meaning as in the Anti-doping Convention which was opened for signature at Strasbourg on the 16th day of November, 1989, entered into force on the 1st day of March, 1990, and was signed by the State on the 25th day of June, 1992 (European Treaty Series No. 135);

“the establishment day” means the day appointed under section 4;

“functions” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;

“the Minister” means the Minister for Tourism, Sport and Recreation;

“public authority” means—

(a) a Minister of the Government,

(b) a local authority for the purposes of the Local Government Act, 1941,

(c) a vocational education committee established under the Vocational Education Act, 1930,

(d) a health board established under the Health Act, 1970, or

(e) any other board or body established by or under statute;

“recreational sport” means all forms of physical activity which, through casual or regular participation, aim at expressing or improving physical fitness and mental well-being and at forming social relationships;

“strategy statement” means a statement required to be submitted under section 25.

(2) In this Act a reference to a member of the Council's staff shall, except in section 22, include the chief executive.

(3) In this Act—

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

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

(c) a reference to another enactment is to that enactment as amended or modified at any time by any enactment.

3 Expenses of Minister.

3.—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 by the Oireachtas.

4 Establishment day.

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

PART II The Irish Sports Council

5 Establishment of Council.

5.—(1) There shall stand established on the establishment day a body to be known as The Irish Sports Council or, in the Irish language, Comhairle Spóirt na héireann, to perform the functions conferred on it by or under this Act.

(2) The Council shall be a body corporate with perpetual succession and an official seal and with power—

(a) to sue and be sued in its corporate name,

(b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and

(c) to acquire, hold and dispose of any other property.

6 Functions of Council.

6.—(1) The functions of the Council shall be—

(a) to encourage the promotion, development and co-ordination of competitive sport and the achievement of excellence in competitive sport,

(b) to develop strategies for increasing participation in recreational sport and to co-ordinate their implementation by all bodies (including public authorities and publicly funded bodies) involved in promoting recreational sport and providing recreational facilities,

(c) to facilitate, through the promulgation of guidelines and codes of practice, standards of good conduct and fair play in either or both competitive sport and recreational sport,

(d) to take such action as it considers appropriate, including testing, to combat doping in sport,

(e) where the Council considers it appropriate to do so, to initiate and encourage research concerning either or both competitive sport and recreational sport,

(f) where the Council considers it appropriate to do so, to facilitate research and disseminate information concerning either or both competitive sport and recreational sport, and

(g) to perform any additional functions assigned to the Council under subsection (2).

(2) After consulting with the Council, the Minister may, by order—

(a) assign to the Council any additional functions that the Minister considers appropriate, and

(b) revoke or amend any order made under this subsection.

(3) Every order made under subsection (2) shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the order is passed by either House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

7 Powers of Council.

7.—(1) Subject to this Act, the Council shall have all powers necessary for, or incidental to, the performance of its functions.

(2) Without prejudice to the generality of subsection (1), the Council may do any or all of the following:

(a) co-operate with, advise and, subject to the criteria, terms and conditions established under section 8, provide assistance (including financial assistance) to, any person or body (including a public authority) in respect of any matter related to the performance of the Council's functions as it thinks desirable;

(b) subject to subsection (3), enter into contracts (including sponsorship agreements) and arrangements;

(c) establish trust funds to encourage sponsorship for competitive sport or recreational sport;

(d) subject to subsection (4), accept gifts of money, land or other property upon such trusts or conditions (if any) as may be specified by the donor;

(e) charge such amounts as the Council thinks appropriate for services rendered by it to any person or body other than the Minister;

(f) subject to any directives given under subsection (6), engage consultants and advisers.

(3) The Council shall not enter into a contract (including a sponsorship agreement) or arrangement, or accept a sponsorship, if any term or condition attached to it would be inconsistent with Government policy (including specific guidelines on sponsorship) or with the Council's functions or any actions taken in pursuit of those functions.

(4) The Council shall not accept a gift if any trust or condition attached to it would be inconsistent with Government policy or with the Council's functions or any actions taken in pursuit of those functions.

(5) The Council may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable—

(a) any amount due and owing to the Council under subsection (2)(e), or

(b) any refund due and owing to the Council under section 8(2)(b).

(6) The Council shall comply with any directives concerning the employment of consultants and advisers which may from time to time be given to it by the Minister with the concurrence of the Minister for Finance.

(7) Any remuneration due to a consultant or adviser shall, having regard to guidelines issued from time to time by the Minister or the Minister for Finance, be paid out of moneys at the Council's disposal.

8 Criteria, terms and conditions of assistance.

8.—(1) The Council—

(a) shall establish such criteria, terms and conditions for the provision of assistance under section 7(2)(a) as, having regard to its functions, it considers appropriate, and

(b) may establish different criteria, terms and conditions in relation to different classes of applicants and recipients.

(2) Where, in the Council's opinion, any person or body that has applied for or received assistance under section 7(2)(a) fails to meet any of the applicable criteria, terms or conditions established under this section, the Council may do one or more of the following:

(a) withhold assistance from, or refuse to provide assistance to, that person or body;

(b) demand a refund of any financial assistance provided under that section to that person or body.

(3) The Council may—

(a) request any person or body applying for or receiving assistance under section 7(2)(a) to supply the Council with information in such form and at such time as it may require, and

(b) refuse or withhold assistance if satisfied that any information so requested is not forthcoming.

9 Government policy and Minister's directives.

9.—In performing its functions, the Council shall have regard to Government policy and shall comply with any general policy directives which may from time to time be given to it by the Minister.

10 Advice and information.

10.—If the Minister so requests, the Council shall furnish the Minister with—

(a) advice on any matter relating to the Council's functions under this Act or on such matters as may be specified in the request, and

(b) information concerning the performance of its functions.

11 Financial provision.

11.—The Minister shall, in each financial year, pay to the Council out of moneys provided by the Oireachtas, such amount or amounts as the Minister may, with the concurrence of the Minister for Finance, determine for the purposes of expenditure by the Council in the performance of its functions.

12 Membership and term of office.

12.—(1) The Council shall consist of the following members:

(a) a chairperson;

(b) ten ordinary members.

(2) The members of the Council shall be appointed by the Minister and shall be persons who, in the Minister's opinion, have experience in a field of expertise relevant to the Council's functions.

(3) Of the members of the Council, not fewer than three shall be men and not fewer than three shall be women.

(4) The members of the Council shall hold office on such terms and conditions as the Minister may, with the concurrence of the Minister for Finance, determine.

(5) The period of office of a member of the Council shall be such period, not exceeding five years, as the Minister, on that appointment, may determine.

(6) A person who has served two consecutive terms as a member of the Council shall not be eligible for re-appointment.

(7) For the purposes of subsection (6), a person who fills or occasions a casual vacancy shall be considered to have served a term as a member of the Council even though he or she held office for only part of the term.

13 Conditions of office.

13.—(1) A member of the Council may, at any time, resign office by letter addressed to the Minister and the resignation shall take effect on the date specified in the letter or the date the letter is received by the Minister, whichever is later.

(2) The Minister may, at any time, remove from office a member of the Council if, in the Minister's opinion—

(a) the member has become incapable through ill health of effectively performing the duties of the office,

(b) the member has committed stated misbehaviour, or

(c) the removal appears necessary for the effective performance of the Council's functions.

(3) A person shall be disqualified from holding and shall cease to hold office as a member of the Council or a committee if he or she—

(a) is adjudged bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is convicted of an indictable offence, or

(d) fails to make a disclosure in accordance with section 20.

14 Casual vacancies among members.

14.—(1) If a member of the Council dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Council to fill the resultant casual vacancy.

(2) A person appointed to be a member of the Council under subsection (1) shall hold office for the remainder of the period of office of the member who occasioned the casual vacancy.

15 Meetings and procedure.

15.—(1) The Council shall hold such and so many meetings as may be necessary to perform its functions.

(2) The Minister may fix the date, time and place of the Council's first meeting.

(3) The quorum for a meeting of the Council shall be four.

(4) At a meeting of the Council—

(a) the chairperson of the Council shall, if present, be the chairperson of the meeting, and

(b) if and so long as the chairperson of the Council is not present or if the office of chairperson is vacant, the members of the Council who are present shall choose one of their number to be chairperson of the meeting.

(5) At a meeting of the Council, every member of the Council present, including the chairperson, shall have a vote.

(6) At a meeting of the Council, every question shall be determined by a majority of the votes of the members present and voting on the question.

(7) In the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(8) The Council may act notwithstanding one or more vacancies among its members, provided there is a quorum.

(9) Subject to this Act, the Council may regulate its own procedures and business.

16 Seal of Council.

16.—(1) As soon as practicable after its establishment, the Council shall provide itself with a seal.

(2) The Council's seal shall be authenticated by—

(a) the signature of the chairperson or another member of the Council authorised by it to act in that behalf, and

(b) the signature of a member of the Council's staff authorised by it to act in that behalf.

(3) Judicial notice shall be taken of the Council's seal and every document purporting to be an instrument made by the Council and to be sealed with its seal shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

17 Chief executive.

17.—(1) There shall be a chief officer of the Council who—

(a) shall be known as the chief executive, and

(b) shall be appointed by the Council with the Minister's approval.

(2) The chief executive shall carry on and manage and control generally the administration and finances of the Council and shall perform such other functions as may be determined by the Council.

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

(4) The chief executive—

(a) shall hold office under a written contract of service containing such terms and conditions (including terms and conditions relating to remuneration) as may be approved by the Minister and the Minister for Finance, and

(b) shall be paid out of moneys at the Council's disposal.

18 Committees.

18.—(1) The Council may—

(a) establish committees to assist and advise it in relation to the performance of its functions, and

(b) subject to subsection (5), appoint the chairperson and other members of a committee established under this section.

(2) A committee of the Council may include persons who are not members of the Council or its staff.

(3) As soon as practicable after the establishment day, the Council shall establish a committee, to be known as the Anti-Doping Committee of the Irish Sports Council, to—

(a) assist and advise the Council in relation to the performance of its function under section 6(1)(d), and

(b) exercise such powers and carry out such duties relating to that function as the Council may from time to time delegate to the Committee.

(4) Where a power or duty is delegated under subsection (3), the power shall be exercised or the duty carried out in the name of the committee established under that subsection but subject to the general superintendence and control of the Council.

(5) The Minister may appoint a person who is a registered medical practitioner as the chairperson of the committee established under subsection (3).

(6) A member of a committee may be removed at any time from membership of the committee by—

(a) the Council, where the member was appointed under subsection (1), or

(b) the Minister, where the member was appointed under subsection (5).

(7) The Council may at any time dissolve a committee, but the committee established under subsection (3) shall not be dissolved without the Minister's consent.

(8) The Council may regulate the procedure of a committee established under this section, but subject to any such regulation, a committee may regulate its own procedure.

19 Remuneration and expenses of members.

19.—Each member of the Council and each member of a committee shall be paid, out of moneys at the Council's disposal, such remuneration (if any) and allowances for expenses incurred by them (if any) as the Minister, with the concurrence of the Minister for Finance, may determine.

20 Disclosure of interests.

20.—(1) Where a member of the Council, a member of a committee, a member of the Council's staff or a consultant or adviser engaged under section 7(2)(f) has any pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Council or a committee, he or she shall—

(a) disclose to the Council or committee, as the case may be, the nature of the interest in advance of any consideration of the matter,

(b) neither influence nor seek to influence a decision relating to the matter,

(c) take no part in any consideration of the matter,

(d) withdraw from the meeting concerned for so long as the matter is being discussed or considered, and

(e) if a member of the Council or committee, neither vote nor otherwise act as a member in relation to the matter.