Horse and Greyhound Racing Act 2001

PART 1 Preliminary and General

1 Short title.

1.—This Act may be cited as the Horse and Greyhound Racing Act, 2001.

2 Interpretation.

2.—(1) In this Act—

“Act of 1958” means Greyhound Industry Act, 1958;

“Act of 1994” means Irish Horseracing Industry Act, 1994;

“Act of 1999” means Horse and Greyhound Racing (Betting Charges and Levies) Act, 1999;

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

“HRI” means Horse Racing Ireland established under section 5;

“Minister” means Minister for Agriculture, Food and Rural Development;

“Racing Regulatory Body” has the meaning assigned to it by section 2(1) of the Act of 1994;

“Rules of Racing” has the meaning assigned to it by section 2(1) of the Act of 1994;

“subsidiary” in relation to—

(a) HRI, has the meaning assigned to it by section 2 of the Act of 1994,

(b) Bord na gCon, means a company established by it under section 18B (inserted by section 10 of the Act of 1999) of the Act of 1958.

(2) 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, and

(c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

3 Establishment day.

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

4 Expenses of Minister.

4.—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.

PART 2 Horse Racing Ireland

5 Establishment of Horse Racing Ireland.

5.—(1) On the establishment day, there shall stand established a body to be known as Horse Racing Ireland or in the Irish language Rásaíocht Capall Éireann, in this Act referred to as HRI, to perform the functions conferred on it by this Act and the Act of 1994.

(2) The Schedule to the Act of 1994, as amended by this Act, shall have effect with respect to HRI.

6 Dissolution of Irish Horseracing Authority.

6.—(1) The Irish Horseracing Authority shall, on the establishment day, stand dissolved.

(2) Any reference in—

(a) any statute or instrument made under statute, or

(b) any permit or authorisation granted under the Act of 1994 which is in force immediately before the establishment day,

to the Irish Horseracing Authority shall from the establishment day be construed as a reference to HRI.

7 Amendment of Act of 1994.

7.—The Act of 1994 is amended, with effect from the establishment day, as set out in the Schedule to this Act.

8 General functions of HRI.

8.—(1) The general functions of HRI (in addition to its functions under the Act of 1994) shall include the following:

(a) Registry Office functions, that is to say—

(i) naming horses, horse racing passports and identification,

(ii) horserace entries and declarations,

(iii) racing calendar publication,

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

(v) registration of racehorse owners,

in accordance with the Rules of Racing,

(b) the provision and maintenance 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 to provide the Racing Regulatory Body with the photographs, films, sound recordings and other connected materials or data generated by this equipment as required by the Racing Regulatory Body for their examination and use in the enforcement of the Rules of Racing and all such equipment shall be required to be maintained to a specification agreed with the Racing Regulatory Body,

(c) representing Irish horseracing internationally in respect of its functions,

(d) negotiating all income from media rights under section 10,

(e) the provision of any financial and other support it deems appropriate 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,

and

(f) any other 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.

(2) This section shall come into operation on such day as the Minister may appoint by order.

9 Racegoers Consultative Forum.

9.—(1) HRI shall establish a forum to be known as the Racegoers Consultative Forum (“Forum”) for the purposes of consultations relating to the operations of HRI in the context of developments or desired developments in the horseracing industry generally as they affect the racegoer or service or facility user.

(2) The Forum shall consist of so many members as may be decided, from time to time, by HRI and shall include representatives of horse racegoers clubs, racecourse supporters clubs and other organisations operating in the interests of racegoers or other interest groups affected by the decisions of HRI or who use the various facilities and services provided by HRI.

(3) The Forum shall be established under such terms and conditions determined, before its establishment, by HRI, following consultations with the Minister.

(4) The Minister may appoint two members to the Forum.

(5) HRI shall have regard to any opinions expressed by the Forum on any matter affecting the interests represented by the Forum which may be reviewed by HRI.

(6) HRI may publish any opinion or report of the Forum.

(7) HRI in respect of its appointments to the Forum and the Minister in respect of his or her appointments to the Forum shall ensure, in so far as is practicable, an equitable gender balance.

10 Media rights committee.

10.—(1) HRI shall establish a committee (“media rights committee”) to negotiate on and from the establishment day in relation to all contracts or arrangements made on or after that day with any person in relation to the transmission or relaying of any broadcast (within the meaning of the Broadcasting and Wireless Telegraphy Act, 1988) or the photographing, filming or sound recording for commercial purposes of a race-fixture or any part thereof (“media rights”).

(2) The media rights committee shall consist of 3 members appointed by HRI who shall be members of HRI.

(3) The chairman of the media rights committee shall be the member of HRI representing the interests of authorised racecourses.

(4) The media rights committee shall include one member of HRI representing the Racing Regulatory Body.

(5) HRI may regulate the procedure of the media rights committee.

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

(7) A member of the media rights committee who fails to perform his or her functions may be removed by HRI.

(8) The secretariat and executive functions involved in servicing the work of the media rights committee shall be provided by HRI.

(9) For the first 5 years after the establishment day the income generated from media rights vested in authorised racecourses under section 61(2) of the Act of 1994 shall accrue to the authorised racecourses.

(10) HRI shall enter into arrangements with the executives of authorised racecourses in respect of the distribution of income generated after the period referred to in subsection (9) in relation to the media rights referred to in that subsection and the guarantee to them of an income from those media rights for each of the next 5 years following the period referred to in subsection (9) of at least the average annual income generated in respect of the period referred to in that subsection.

(11) Subsections (1) and (3) of section 61 of the Act of 1994 are, with effect from the establishment day, repealed.

(12) Nothing in section 61 of the Act of 1994 or this section shall prohibit HRI from independently carrying out its functions under paragraph (b) of section 8(1).

(13) The property rights held immediately before the commencement of section 8 by the Racing Regulatory Body in relation to the publication of the lists of runners and riders and associated information on race-fixtures collected and compiled by it in the course of its Registry Office functions shall on the commencement of section 8 pursuant to the transfer of those functions to HRI under that section be transferred to and vested in HRI and HRI shall pay to the Racing Regulatory Body the following amounts:

(a) for the first 5 years after the commencement of section 8, the amount of the income generated from the sale of that information, and

(b) for each of the subsequent 5 years after the period referred to in paragraph (a), the average annual income generated in respect of the period referred to in that paragraph.

(14) In this section, “authorised racecourse” and “race-fixture” have the meanings assigned to them by the Act of 1994.

11 Exemption from Corporation Tax and Capital Gains Tax.

11.—The Taxes Consolidation Act, 1997, is amended with effect from the establishment day—

(a) in section 220, by the substitution in paragraph 5 of the Table for “The Irish Horseracing Authority” of “Horse Racing Ireland”, and

(b) in Schedule 15, by the substitution in paragraph 27 for “The Irish Horseracing Authority” of “Horse Racing Ireland”.

PART 3 Horse and Greyhound Racing Fund

12 Establishment of Fund.

12.—(1) There shall stand established, on the establishment day, a fund to be known as the Horse and Greyhound Racing Fund, in this Act referred to as the “Fund”, for the purpose of giving support to horse and greyhound racing.

(2) The Fund shall be managed and controlled by the Minister.

(3) The Minister shall pay into the Fund out of moneys provided by the Oireachtas, in the year 2001, an amount, determined by the Revenue Commissioners, equivalent to the revenue paid into the Exchequer in the year 2000 from excise duty on off-course betting.

(4) The Minister shall pay into the Fund out of moneys provided by the Oireachtas, in the year 2002 and in each subsequent year, an amount, determined by the Revenue Commissioners, equivalent to the revenue from excise duty on off-course betting paid into the Exchequer in the preceding year or the year 2000 increased by reference to the Consumer Price Index, whichever is the greater.

(5) The total aggregate amount paid into the Fund under subsections (3) and (4) shall not exceed £200,000,000 or such other increased amounts as may stand specified in regulations made by the Minister with the consent of the Minister for Finance.

(6) The Minister shall pay out of the moneys paid into the Fund in each year—

(a) 80 per cent. to HRI, and

(b) 20 per cent. to Bord na gCon.

(7) The Minister may by regulations vary the percentages specified in subsection (6).

(8) HRI and Bord na gCon shall apply moneys paid to them from the Fund only in the performance of their functions.

(9) (a) Payments from the Fund under subsection (6) shall be by instalments.

(b) The number of instalments and the amount of any such instalment shall be decided by the Minister based on an assessment of the financial needs at any time of HRI and Bord na gCon.

(10) HRI and Bord na gCon shall each with respect to moneys paid to them from the Fund prepare and submit to the Minister—

(a) strategic plans in accordance with the Strategic Management Initiative of the Government, and

(b) business, financial and development plans,

in such manner and at such intervals as required by the Minister with reference to the application of those moneys.

(11) All payments from the Fund to HRI and Bord na gCon shall be exempt from taxation.

(12) A statement of moneys paid into and out of the Fund shall be shown in a special note to the Appropriation Account under the Agriculture, Food and Rural Development Vote.

(13) A draft of every regulation proposed to be made under this section shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving of the draft has been passed by each such House.

PART 4 Accounts and Audits of HRI and Bord na gCon and Accountability of their Chief Executive Officers to Oireachtas Committees

13 Audit of accounts of HRI.

13.—Section 28 of the Act of 1994 is amended by the substitution for subsection (2) of the following subsections:

“(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.

(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 in paragraph (a), (b) or (c)) that is laid before Dáil Éreann.”.

14 Accounts and audits of Bord na gCon.

14.—The Act of 1958 is amended by the substitution for section 19 of the following section:

“19.—(1) The Board shall keep in such form and in respect of such accounting periods as may be approved of by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of moneys received or expended by it, including an income and expenditure account and a balance sheet.

(2) Accounts kept in pursuance of this section shall be submitted not later than 3 months after the end of the accounting period to which they relate by the Board 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.

(3) The chief executive officer of the Board 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 Board is required by this Act to prepare,

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

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

(d) any matter affecting the Board 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 in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.”.

15 Accountability of chief executive officers of HRI and Bord na gCon to certain Oireachtas Committees.

15.—(1) In this section—

“chief executive” other than in subsection (2), means the chief executive officer of HRI or Bord na gCon, as the case may be;

“Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee of Public Accounts or the Committee on Members' Interests of Dáil Éireann or the Committee on Members' Interests of Seanad Éireann) or a subcommittee of such a Committee.

(2) Subject to subsection (3), at the request in writing of a Committee—

(a) the chief executive officer of HRI shall attend before it to give account for the general administration of HRI, and

(b) the chief executive officer of Bord na gCon shall attend before it to give account for the general administration of Bord na gCon.

(3) The chief executive shall not be required to give account before a Committee for any matter which is or has been the subject of proceedings before a court or tribunal in the State.

(4) Where the chief executive is of the opinion that a matter in respect of which the chief executive is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the chief executive is before it, the information shall be so conveyed in writing.