Sport Ireland Act 2015

PART 1 Preliminary and General

1.. Short title and commencement

1. (1) This Act may be cited as the Sport Ireland Act 2015.

(2) Part 4 shall come into operation on the establishment day.

2.. Interpretation

2. (1) In this Act—

“acquisition order” has the meaning given by paragraph 2 of Schedule 2;

“Act of 1999” means Irish Sports Council Act 1999;

“Act of 2002” means State Authorities (Public Private Partnership Arrangements) Act 2002;

“Act of 2006” means National Sports Campus Development Authority Act 2006;

“Act of 2012” means Public Service Pensions (Single Scheme and Other Provisions) Act 2012;

“Authority” means National Sports Campus Development Authority;

“chief executive” has the meaning given by section 22;

“civil partner” means civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“committee” means a committee established under paragraph 6 of Schedule 1;

“company” means a company within the meaning of the Companies Act 1963;

“competitive sport” means all forms of physical activity which, through organised participation, aim at—

(a) expressing or improving physical fitness, and

(b) obtaining improved results in competition at all levels;

“Council” means Irish Sports Council;

“doping in sport” has the meaning given by section 40;

“establishment day” means the day appointed under section 6;

“financial year” means a period of 12 months ending on 31 December in any year and, in the case of the first financial year of Sport Ireland, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls;

“Minister” means Minister for Transport, Tourism and Sport;

“national anti-doping organisation” has the meaning given by section 40;

“National Aquatic Centre” means the land commonly known as the National Aquatic Centre situated at Deanstown, in the county of Dublin;

“National Framework of Qualifications” has the same meaning as it has in the Qualifications and Quality Assurance (Education and Training) Act 2012;

“prescribed” means prescribed by regulations made by the Minister;

“public authority” means—

(a) a Minister of the Government,

(b) a local authority for the purposes of the Local Government Act 2001,

(c) an education and training board, or

(d) a person established—

(i) by or under any enactment (other than the Companies Acts),

(ii) by any scheme administered by the Government, or

(iii) under the Companies Acts, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government,

or

(e) a company (within the meaning of the Companies Acts), a majority of the shares in which are held by or on behalf of a Minister of the Government;

“recreational sport” means all forms of physical activity which, through casual or regular participation, aim at—

(a) expressing or improving physical fitness and mental well-being, and

(b) forming social relationships;

“sample” means a sample, or specimen, of biological material collected for the purposes of preventing doping in sport;

“site” means—

(a) the National Aquatic Centre,

(b) the land which, immediately before the establishment day, was owned by the National Sports Campus Development Authority, and

(c) any land acquired by Sport Ireland under section 26;

“sport” includes competitive sport and recreational sport;

“Sport Ireland” means the body established under section 7(1);

“sports campus” means a campus of facilities for sporting activities, whether indoor or outdoor, and facilities and services to support such activities, which includes the National Aquatic Centre and may include an indoor arena, playing pitches, sports training facilities, a stadium, a velodrome, administrative facilities for sport and medical and research facilities for sport;

“strategy statement” means a statement required to be prepared and submitted under section 15(1);

“subsidiary” means a subsidiary (within the meaning of section 155 of the Companies Act 1963) of Sport Ireland.

(2) In this Act, references to a member, or the members, of the staff of Sport Ireland shall include references to the chief executive, other than in—

(a) section 24, and

(b) paragraph 8 of Schedule 1.

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 Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

4.. Orders and regulations

4. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every order (other than an order made under section 6 or an acquisition order) or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(4) Either House of the Oireachtas may, by a resolution passed within 21 days after the day on which a regulation or order is laid before it under this section, annul the regulation or order.

(5) The annulment of a regulation or order under subsection (4) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation or order before the passing of that resolution.

5.. Repeals

5. (1) Subject to section 45, the Act of 1999 is repealed on the establishment day.

(2) The Act of 2006 is repealed on the establishment day.

PART 2 Sport Ireland

Chapter 1

6.. Establishment day

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

7.. Establishment of Sport Ireland

7. (1) There shall stand established on the establishment day a body to be known in the Irish language as Spórt Éireann or, in the English language, as Sport Ireland, to perform the functions conferred on it by this Act.

(2) The provisions of Schedule 1 shall have effect in relation to Sport Ireland.

8.. Functions of Sport Ireland

8. (1) The functions of Sport Ireland shall be the following:

(a) to develop strategies for increasing participation in recreational sport at national and local level and to co-ordinate the implementation of those strategies by all bodies (including public authorities and bodies funded from moneys provided by the Oireachtas) involved in promoting recreational sport and providing recreational facilities;

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

(c) to support elite athletes in achieving excellence in sport;

(d) to facilitate, through the promulgation of guidelines and codes of practice, standards of good conduct, fair play and the elimination of doping in sport;

(e) to take such action as Sport Ireland considers appropriate, including testing, to combat doping in sport;

(f) to plan, implement, evaluate and monitor education and information programmes for good conduct, fair play and the elimination of doping in sport;

(g) in its capacity as the national anti-doping organisation in the State, to direct the collection of samples, to manage the testing and test results of samples and attend hearings, as required;

(h) to develop, or to continue the development of, a sports campus on the site;

(i) to manage, operate and maintain the sports campus referred to in paragraph (h);

(j) to manage, operate and maintain any other facilities as may be approved by the Minister;

(k) to develop and disseminate guidelines and codes of practice promoting best practice for the protection of children in sport consistent with child protection legislation;

(l) to develop coaches and tutors at all levels in sport and, in co-operation with sporting bodies, to ensure that—

(i) quality-assured coach and tutor education programmes and qualifications are established and maintained to meet national requirements, and

(ii) those qualifications are recognised, where appropriate, within the National Framework of Qualifications;

(m) where the Minister so directs, to arrange for research to be conducted concerning competitive sport or recreational sport;

(n) to disseminate information concerning competitive sport or recreational sport;

(o) to encourage individuals and the private sector to contribute to the development of sport;

(p) to furnish and equip the sports campus, referred to in paragraph (h), with such plant, machinery, equipment and apparatus as Sport Ireland considers appropriate;

(q) to encourage and promote the use of the sports campus, referred to in paragraph (h), by—

(i) persons participating in sport at professional and amateur levels, and

(ii) members of the public generally;

(r) to perform any additional functions assigned to Sport Ireland under section 9.

(2) Without prejudice to the generality of subsection (1), Sport Ireland may—

(a) develop and provide on the site such facilities and services that are complementary to the sports campus, including residential accommodation, as it considers appropriate,

(b) arrange with any institution, including an educational or scientific research institution, that is interested in the development of medical and research facilities for sport on the site and, if appropriate, elsewhere for the development of such facilities on such terms and conditions as Sport Ireland considers appropriate,

(c) arrange with any body involved in the promotion of sport at a national level for the use by that body, on such terms and conditions as Sport Ireland considers appropriate, of the site, or a part of it, for a purpose connected with sport, including the location of that body’s headquarters at the site, and

(d) enter into arrangements with any person, on such terms and conditions as it considers appropriate, for the provision to Sport Ireland by that person of financial assistance (whether by way of the provision of funds or the undertaking of works) for the development or provision of a ny sports facilities or services, or both, in the sports campus, referred to in subsection (1)(h), and the use by that person of those facilities and services.

(3) Subject to this Act, Sport Ireland shall have all such powers as are necessary or expedient for the performance of its functions.

(4) Without prejudice to the generality of subsection (3), Sport Ireland may do any or all of the following:

(a) co-operate with, advise and, subject to the criteria, terms and conditions established under section 11, provide assistance (including financial assistance) to any person or body (including a public authority) in respect of any matter related to the performance of Sport Ireland’s functions as Sport Ireland thinks desirable;

(b) subject to section 12(4), enter into any contracts (including sponsorship agreements) and arrangements;

(c) subject to section 12(5), accept gifts of money, land or other property on such terms and conditions (if any) or trusts as may be specified by the donor;

(d) make such charges as it considers appropriate, to any person other than the Minister, in consideration of the performance of its functions, for services rendered by it and the carrying on by it of activities and shall record receipts from such charges as income.

(5) Sport Ireland 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 or owing to Sport Ireland under subsection (4)(d), or

(b) any refund due or owing to Sport Ireland under section 11(2)(b).

(6) Sport Ireland may, with the approval of the Minister, enter into agreements with other persons in order to perform the functions of Sport Ireland whether by means of a lease, concession or any other means.

9.. Additional functions

9. After consulting with Sport Ireland, the Minister may, by order, assign to Sport Ireland such additional functions connected with the functions for the time being of Sport Ireland as the Minister considers appropriate for the achievement of its purposes.

10.. Consultants and advisers

10. (1) Sport Ireland may appoint such consultants and advisers, as it considers necessary for the performance of its functions.

(2) Sport Ireland shall comply with any directions concerning the employment of consultants and advisers which may from time to time be given to it by the Minister, given with the consent of the Minister for Public Expenditure and Reform.

(3) 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 Public Expenditure and Reform, be paid out of moneys at Sport Ireland’s disposal.

11.. Criteria, terms and conditions of assistance

11. (1) Sport Ireland—

(a) shall establish such criteria, terms and conditions for the provision of assistance (including financial assistance) under section 8(4)(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 Sport Ireland’s opinion, any person or body that has applied for or received assistance under section 8(4)(a) fails to meet any of the applicable criteria, terms or conditions esta blished under subsection (1), Sport Ireland 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 paragraph to that person or body.

(3) Sport Ireland may—

(a) request any person or body applying for or receiving assistance under section 8(4)(a) to supply Sport Ireland with information in such form and at such time as it may require, and

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

(4) Criteria or terms and conditions established by Sport Ireland under this section may be published on the internet website of Sport Ireland as soon as practicable after their being established.

12.. Government policy and Minister’s directions

12. (1) The Minister may, in relation to the performance by Sport Ireland of its functions, give a direction in writing to Sport Ireland requiring it to comply with such policies of the Government as are specified in the direction.

(2) In the performance of its functions, Sport Ireland shall comply with a direction under subsection (1).

(3) The Minister may, by direction in writing, amend or revoke a direction under this section (including a direction under this subsection).

(4) Sport Ireland shall not enter into a contract (including a sponsorship agreement) or arrangement, or accept a sponsorship, where any term or condition attached to it would be inconsistent with—

(a) Government policy (including specific guidelines on sponsorship), or

(b) Sport Ireland’s functions or any actions taken in pursuit of those functions.

(5) Sport Ireland shall not accept a gift where any trust or condition attached to it would be inconsistent with—

(a) Government policy, or

(b) Sport Ireland’s functions or any actions taken in pursuit of those functions.

13.. Advice and information

13. Where the Minister so requests, Sport Ireland shall furnish the Minister with—

(a) advice on any matter relating to Sport Ireland’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.

14.. Advances by Minister to Sport Ireland

14. The Minister shall from time to time advance to Sport Ireland out of moneys provided by the Oireachtas such amount or amounts as the Minister may, given with the consent of the Minister for Public Expenditure and Reform, determine for the purposes of expenditure by Sport Ireland in the performance of its functions.

15.. Strategy statement

15. (1) At the times set out in subsection (2)(e), Sport Ireland shall prepare and submit to the Minister for his or her approval, with or without amendment, a strategy statement in respect of the period of 5 years immediately following the year in which the strategy statement is so submitted.

(2) A strategy statement shall—

(a) set out Sport Ireland’s key objectives, outputs and related strategies, including use of resources of Sport Ireland,

(b) identify the relevant indicators and targets against which performance shall be measured,

(c) other than for the first strategy statement, include a review of the efficiency and effectiveness of all programmes operated by Sport Ireland during the preceding five-year period,

(d) be prepared in a form and manner in accordance with any directions issued from time to time by the Minister, and

(e) be prepared and submitted to the Minister—

(i) as soon as practicable, and in any case not later than 6 months, after the establishment day, and

(ii) thereafter, not earlier than 6 months before and not later than the expiration of each subsequent period of 5 years following the establishment day.

(3) As soon as practicable after approving a strategy statement, the Minister shall cause a copy to be laid before each House of the Oireachtas.

(4) In this section “outputs” means the goods and services (including standards of service) that are a consequence of Sport Ireland’s activities.

16.. Accounts and audits

16. (1) Sport Ireland shall keep in such form as may be approved by the Minister, given with the consent of the Minister for Public Expenditure and Reform, all proper and usual accounts of—

(a) all moneys received or expended by Sport Ireland, and

(b) all property, assets and liabilities of Sport Ireland,