S.I. No. 242/2008 - Greyhound Industry (Control Committee and Control Appeal Committee) (Amendment) Regulations 2008

S.I. No. 242 of 2008

GREYHOUND INDUSTRY (CONTROL COMMITTEE AND CONTROL APPEAL COMMITTEE) (AMENDMENT) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th July, 2008.

Bord na gCon in exercise of the powers conferred on it by Sections 13 of the Greyhound Industry Act 1958 (No. 12 of 1958), as amended by Section 9 of the Horse and Greyhound Racing (Betting Charges and Levies) Act 1999 (No. 24 of 1999) and also by sub-section (3) of section 5 of said 1958 Act, hereby makes the following regulations, that is to say—

1) These regulations may be cited as the Greyhound Industry (Control Committee and Control Appeal Committee) (Amendment) Regulations, 2008.

2) The Greyhound Industry (Control Committee and Control Appeal Committee) Regulations, 2007 (No.301 of 2007) are hereby amended as follows—

• (i) by the deletion of the word “sections” in Article 12(2) and the substitution therefore of the word “section”;

• (ii) by the deletion of the words “Control Committee” in Article 14(5) and the substitution therefore of the word “Board” and the deletion of the words “on the hearing” and the substitution therefore of the words “in the conduct”;

• (iii) by the deletion of the words “Control Committee” in Article 14(7) and the substitution therefore of the word “Board”;

• (iv) by the deletion of Article 14(9) in its entirety to be replaced with the following—

• “(9) The notice of appeal shall be in writing and shall:—

  • (i) state the name and address of the appellant;

  • (ii) state the subject matter of the appeal;

  • (iii) state the appellant’s interest in its outcome;

  • (iv) state the ground of the appeal and the reasons considerations and arguments on which they are based; and

  • (v) be accompanied by a fee of €50 and by such documents relating to the appeal as the appellant considers necessary or appropriate.”;

• (v) by the insertion of the words “Without prejudice to Article 14(18) and” before the words “unless requested to do so” in Articles 14(11);

• (vi) by the insertion of the words “Article 14(18) and” after the words “without prejudice to” in Article 14(12);

• (vii) by the deletion of Article 14(13) in its entirety to be replaced with the following:—

• “(13) The Control Appeal Committee shall, as soon as practicable after receiving a notice of appeal, send a copy of the notice to the Control Committee and to the Board by post or personal delivery.”;

• (viii) by the deletion of the word “applicant” and the substitution therefore of the word “appellant” in Article 14(14)(iii);

• (ix) by the deletion of the words “Control Committee” and the substitution therefore of the word “Board” in Article 14(15);

• (x) by the deletion of the words “Control Committee” and the substitution therefore of the word “Board” in Article 14(16);

• (xi) by the deletion of the words “Control Committee” and the substitution therefore of the word “Board” in Article 14(17); and

• (xii) by the deletion of the words “Control Committee” and the substitution therefore of the word “Board” in Article 14(24)(iii).

These regulations shall come into effect on the 21 day of January, 2008.

GIVEN UNDER THE SEAL OF BORD NA GCON

21 January 2008

SIGNED: RICHARD O SULLIVAN.

CHAIRMAN OF THE BOARD

SIGNED: ADRIAN NEILAN.

CHIEF EXECUTIVE OF THE BOARD, an officer authorised by the Board to authenticate the Seal of the Board.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of these regulations is to amend the Greyhound Industry (Control Committee and Control Appeal Committee) Regulations, 2007 (No. 301 of 2007) to—

• (i) allow the Board to be a party to appeals to the Control Appeals Committee.