Reform history

# Sport Ireland Act 2015

##### 1. **Short title and commencement**

##### 2. **Interpretation**

##### 3. **Expenses of Minister**

##### 4. **Orders and regulations**

##### 5. **Repeals**

### Chapter 1 *Establishment and functions*

##### 6. **Establishment day**

##### 7. **Establishment of Sport Ireland**

##### 8. **Functions of Sport Ireland**

##### 9. **Additional functions**

##### 10. **Consultants and advisers**

##### 11. **Criteria, terms and conditions of assistance**

##### 12. **Government policy and Minister’s directions**

##### 13. **Advice and information**

##### 14. **Advances by Minister to Sport Ireland**

##### 15. **Strategy statement**

##### 16. **Accounts and audits**

##### 17. **Annual report and information to Minister**

##### 18. **Service agreement**

##### 19. **Public Private Partnership arrangements**

##### 20. **Subsidiaries of Sport Ireland and other matters**

##### 21. **Borrowing by Sport Ireland or subsidiaries**

### Chapter 2 *Chief Executive*

##### 22. **Chief executive**

##### 23. **Accountability to Committees of Oireachtas**

### Chapter 3 *Staff and superannuation*

##### 24. **Staff of Sport Ireland**

##### 25. **Superannuation of staff**

### Chapter 4 *Property*

##### 26. **Acquisition of land by Sport Ireland**

##### 27. **Renewal of leases**

##### 28. **Amendment of Stamp Duties Consolidation Act 1999**

### Chapter 5 *The site*

##### 29. **Development of site**

### Chapter 1 *Dissolution and transfer of functions*

##### 30. **Dissolution of Council and Authority**

##### 31. **References to Council or Authority in enactments**

##### 32. **Transfer of land and other property**

##### 33. **Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by the Council or the Authority**

##### 34. **Liability for loss occurring before establishment day**

##### 35. **Provisions consequent upon the conferral of functions on, or transfer of assets and liabilities to, Sport Ireland**

##### 36. **Final accounts and annual report of Council**

##### 37. **Final accounts and annual report of Authority**

### Chapter 2 *Transfer of staff and superannuation*

##### 38. **Transfer of staff of Council and Authority**

##### 39. **Superannuation**

##### 40. **Definitions for *Part 4***

“personal data” has the same meaning as it has in the Data Protection Acts 1988 and 2003;

“processing” has the same meaning as it has in the Data Protection Acts 1988 and 2003;

##### 41. **National anti-doping organisation**

##### 42. **Anti-doping and Irish Anti-Doping Rules**

(4) Sport Ireland shall, for the relevant purpose, provide information to, and obtain information from, including personal data, the following:

##### 43. **Data protection**

**43.** (1) Sport Ireland shall perform its functions and obligations in accordance with the Data Protection Acts 1988 and 2003.

(3) References in this Part to personal data include references to sensitive personal data.

##### 44. **Persons engaged in sport**

##### 45. **Continuance of Irish Anti-Doping Rules**

## SCHEDULE 1 *Sport Ireland*

*Section 7(2)*

Structure and seal

1. (1) Sport Ireland shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister for Public Expenditure and Reform have power to acquire, hold and dispose of land or an interest in land, and shall have power to acquire, hold and dispose of any other property.

(2) The seal of Sport Ireland shall be authenticated by—

(a) the signature of the chairperson or another member of Sport Ireland, and

(b) the signature of a member of Sport Ireland’s staff,

authorised by Sport Ireland to act in that behalf.

(3) Judicial notice shall be taken of the seal of Sport Ireland and any document purporting to be an instrument made by, and to be sealed with the seal of, Sport Ireland shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

Members of Sport Ireland

2. (1) Sport Ireland shall consist of 13 members, one of whom shall be a chairperson.

(2) The members of Sport Ireland shall be appointed by the Minister and shall be persons, who, in the opinion of the Minister, have experience of, or have shown capacity in, matters relevant to the functions of Sport Ireland.

(3) The chairperson of Sport Ireland shall be appointed by the Minister from among the members of Sport Ireland.

(4) The chairperson of Sport Ireland shall hold office for a period of 5 years from the date of his or her appointment.

(5) Other than the chairperson—

(a) at least one member of Sport Ireland shall be a person who has wide experience and competence in relation to financial matters, and

(b) at least one other member of Sport Ireland shall be a person who has wide experience and competence in relation to legal matters.

(6) The Minister shall, in so far as is practicable, endeavour to ensure that among the members of Sport Ireland there is an equitable balance between men and women.

(7) Subject to *subparagraph (8)*, a person who is appointed to be a member of Sport Ireland shall hold office for the period of 5 years from the date of his or her appointment.

(8) The persons, other than the chairperson, who are first appointed to be members of Sport Ireland shall hold office as follows:

(a) 4 of such members shall hold office for the period of 3 years from the date of their appointment;

(b) 4 of such members shall hold office for the period of 4 years from the date of their appointment;

(c) the remaining members shall hold office for the period of 5 years from the date of their appointment.

(9) The members of Sport Ireland who are to hold office for the periods specified in *subparagraphs (8)(a)* and *(b)* shall be decided by lot to be drawn in such manner as shall be decided by the Minister.

(10) A person who has served 2 consecutive or non-consecutive terms as a member of Sport Ireland shall not be eligible for re-appointment.

Resignation, removal, etc., of members

3. (1) For the purposes of *paragraph 2(10)*, a person who fills or occasions a casual vacancy shall be considered to have served a term as a member of Sport Ireland even though he or she held office for only part of the term.

(2) A member of Sport Ireland 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.

(3) The Minister may, at any time, remove from office a member of Sport Ireland where, 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 Sport Ireland’s functions.

(4) A person shall be disqualified for holding, and shall cease to hold, office as a member of Sport Ireland or a committee if he or she—

(a) is adjudged bankrupt,

(b) makes a composition or arrangement with his or her creditors,

(c) is convicted of an offence involving fraud or dishonesty, whether or not in connection with a company,

(d) is convicted of an indictable offence,

(e) has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act,

(f) has a conflict of interest of such significance that, in the opinion of the Minister, requires that he or she should not hold or should cease to hold such office, or

(g) fails to make a disclosure under *paragraph 9*.

Replacement of members

4. (1) Where a member of Sport Ireland dies or becomes disqualified for, resigns or is removed from, office, the Minister may appoint a person to be a member of Sport Ireland to fill the resultant casual vacancy.

(2) A person appointed to be a member of Sport Ireland under *subparagraph (1)* shall hold office for the remainder of the term of office of the member of it who occasioned the casual vacancy and shall, subject to *paragraph 2*, be eligible for reappointment as a member of Sport Ireland on the expiry of the period.

Meetings and procedure

5. (1) Sport Ireland shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The quorum for a meeting of Sport Ireland, unless the Minister otherwise directs, shall be 5.

(3) At a meeting of Sport Ireland—

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

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

(4) Each member of Sport Ireland (including its chairperson) present at a meeting of Sport Ireland shall have a vote.

(5) At a meeting of Sport Ireland, a question on which a vote is required shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second and casting vote.

(6) Subject to *subparagraph (2)*, Sport Ireland may act notwithstanding one or more vacancies among its members.

(7) Subject to this Act, Sport Ireland shall regulate, by standing order or otherwise, its own procedure and business.

Committees

6. (1) Sport Ireland may—

(a) establish committees to assist and advise it on matters relating to any of its functions, and

(b) subject to *subparagraph (6)*, appoint the chairperson and other members of a committee established under this paragraph.

(2) A committee shall consist of a chairperson and such number of other members as Sport Ireland may determine and may include persons who are not members of Sport Ireland and its staff.

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

(a) assist and advise Sport Ireland in relation to the performance of its functions under *section 8(1)(d)* to *(g)*, and

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

(4) Without prejudice to the generality of *subparagraph (1)*, Sport Ireland shall establish—

(a) a committee to assist and advise in relation to its functions relating to the development of a national sports campus on the site,

(b) a committee to assist and advise in relation to its functions relating to the development of coaching and coaches,

(c) a committee to assist and advise in relation to its functions relating to high performance sport.

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

(6) The Minister, having consulted with the chairperson of Sport Ireland, shall appoint chairpersons of committees established under *subparagraph (3)* or *(4)*.

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

(a) Sport Ireland, where the member was appointed under *subparagraph (1)*, or

(b) the Minister, where the member was appointed under *subparagraph (6)*.

(8) Sport Ireland may at any time dissolve a committee, but the committees established under *subparagraph (3)* or *(4)* shall not be dissolved without the Minister’s prior consent.

(9) Sport Ireland may—

(a) determine the terms of reference of a committee, and

(b) regulate the procedure and business of a committee but, subject to any such regulation, a committee may regulate its own procedure and business.

(10) A committee may act notwithstanding one or more vacancies in its membership.

Remuneration and expenses of members

7. A member of Sport Ireland shall be paid by Sport Ireland, out of moneys at its disposal, such remuneration (if any) and allowances for expenses incurred by him or her (if any) as the Minister may from time to time, with the consent of the Minister for Public Expenditure and Reform, determine.

Membership of either House of Oireachtas, European Parliament or local authority

8. (1) Where a member of Sport Ireland or a committee, or a director of a subsidiary, the ch ief executive or other member of the staff of Sport Ireland or a subsidiary—

(a) accepts a nomination as a member of Seanad Éireann,

(b) is elected to be a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament, or

(d) is elected or co-opted as a member of a local authority,

he or she shall thereupon—

(i) in the case of a member of Sport Ireland or a committee, a director of a subsidiary or the chief executive, cease to be a member of Sport Ireland or the committee, a director of the subsidiary or the chief executive, and

(ii) in the case of a member of the staff of Sport Ireland or a subsidiary, stand seconded from employment by Sport Ireland or the subsidiary and shall not be paid by, or be entitled to receive from, Sport Ireland or the subsidiary any remuneration or allowances for expenses in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected or on such election or co-option, and ending when he or she ceases to be a member of either such House, a member of such Parliament or a member of the local authority.

(2) Without prejudice to the generality of *subparagraph (1)*, that paragraph shall be construed as prohibiting the reckoning of a period therein mentioned as service with Sport Ireland or a subsidiary for the purpose of any superannuation benefits payable under *section 25* or otherwise.

(3) A person who is for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a member of the European Parliament, or

(c) entitled under the Standing Orders of a local authority to sit as a member thereof,

shall, while he or she is so entitled under *clause (a)* or *(c)* or is such a member under *clause (b)*, be disqualified for being a member of Sport Ireland or a committee, a director of a subsidiary, the chief executive or a member of the staff of Sport Ireland or a subsidiary.

Disclosure of interests

9. (1) Where a member of Sport Ireland or a committee, a director of a subsidiary, a member of the staff of Sport Ireland or a subsidiary or a consultant or adviser engaged by Sport Ireland or a subsidiary has any pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by Sport Ireland, a committee or a subsidiary, he or she shall—

(a) disclose to Sport Ireland, the committee or subsidiary 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 a meeting at which the matter is being discussed or considered for so long as it is being so discussed or considered, and

(e) where he or she is a member of Sport Ireland or a committee or a director of a subsidiary, neither vote nor otherwise act as such a member or director in relation to the matter.

(2) For the purposes of this paragraph, but without limitation to the generality of *subparagraph (1)*, a person shall be regarded as having a beneficial interest in each of the following cases:

(a) the person, any connected relative of the person or a nominee of either of them is a member of a company or any other body which has a beneficial interest in, or material to, any matter referred to in that subparagraph;

(b) the person or any connected relative of that person is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, any such matter;

(c) the person or any connected relative is a party to any arrangement or agreement (whether or not enforceable) concerning land to which any such matter relates;

(d) any connected relative has a beneficial interest in, or material to, any such matter.

(3) For the purposes of this paragraph, a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only that he or she or any company or other body or person mentioned in *subparagraph (2)* has an interest which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question in respect of the matter or in performing any function in relation to the matter.

(4) Sport Ireland shall determine any question as to whether a course of conduct, if pursued by a person, would be a failure by him or her to comply with *subparagraph (1)* and particulars of the determination shall be recorded in the minutes of a meeting at which the determination is made.

(5) If a disclosure is made under *subparagraph (1)* at a meeting of Sport Ireland, a committee or a subsidiary, particulars of the disclosure shall be recorded in the minutes of the meeting.

(6) The Minister, where he or she is satisfied that a member of Sport Ireland or a committee or a director of a subsidiary has contravened *subparagraph (1)*, may remove the member or director from office, and a person removed from office pursuant to this paragraph shall thenceforth be disqualified for being a member of Sport Ireland or a committee or a director of a subsidiary.

(7) Where a person other than a person to whom *subparagraph (6)* applies contravenes *subparagraph (1)*, Sport Ireland or, as appropriate, the subsidiary concerned shall decide the appropriate action to be taken in relation to the person, including the termination of a contract for services with the person.

(8) Section 194 of the Companies Act 1963 shall not apply to a director of a subsidiary.

(9) Nothing in this paragraph shall be taken to prejudice the operation of any rule of law restricting directors of a company from having any interest in contracts with Sport Ireland or a subsidiary.

(10) In this paragraph “connected relative” in relation to a person, means a spouse, civil partner, parent, brother, sister, child or the spouse, or civil partner, of a child of that person.

Confidential information

10. (1) A person shall not unless authorised by Sport Ireland or, as appropriate, a subsidiary, or required by law, disclose confidential information obtained by him or her in his or her capacity, or while performing duties, as any of the following:

(a) a member of Sport Ireland or a committee;

(b) a director of a subsidiary;

(c) a member of the staff of Sport Ireland or a subsidiary;

(d) a consultant or adviser engaged by Sport Ireland or a subsidiary, or an employee of such a consultant or adviser;

(e) a person engaged by Sport Ireland or a subsidiary in any other capacity.

(2) Where the Minister is satisfied that a member of Sport Ireland or a committee or a director of a subsidiary has contravened *subparagraph (1)*, he or she may, if he or she thinks fit, remove that member or director from office, and, where a person is removed from office pursuant to this subparagraph, he or she shall thenceforth be disqualified for being a member of Sport Ireland or a committee or a director of a subsidiary.

(3) Where a person mentioned in *clause (c)*, *(d)* or *(e)* of *subparagraph (1)* contravenes that subparagraph, Sport Ireland or, as appropriate, the subsidiary concerned shall decide the appropriate action to be taken in relation to the person, including the termination of a contract of service or a contract for services with the person.

(4) Nothing in *subparagraph (1)* shall prevent the disclosure of information to Sport Ireland or, as appropriate, a subsidiary or by or on behalf of Sport Ireland to the Minister.

(5) In this paragraph “confidential information” includes—

(a) information that is expressed by Sport Ireland or a subsidiary to be confidential either as regards particular information or as regards information of a particular class or description, or

(b) information relating to proposals of a commercial nature or to tenders submitted to Sport Ireland or a subsidiary by a contractor, a consultant or any other person.

## SCHEDULE 2 *Provisions Relating to Compulsory Acquisition*

*Section 26(1)* and *(2)*

**1.**(1) Where Sport Ireland proposes to acquire compulsorily any land or any interest in or right over land under *section 26*, Sport Ireland shall apply to the Minister for an order under *paragraph 2* authorising Sport Ireland to acquire the land, or acquire or use the right, compulsorily and the application shall be accompanied by such maps, plans and books of reference as are referred to in *paragraph 5*.

(2) Sport Ireland shall publish a notice, in such form as the Minister approves, of the application in one or more newspapers circulating in the area of the land concerned and serve a copy of the notice on every person who appears to Sport Ireland to have an estate or interest in the land in so far as it is reasonably practicable to ascertain such persons.

(3) The notice referred to in *subparagraph (2)* shall include a provision notifying persons having an estate or interest in the land concerned that they have the right to lodge with the Minister, within one month of the making of the application by Sport Ireland, an objection to the making of an order under *paragraph 2* in relation to the land and shall specify the times and places where the maps, plans and books of reference deposited in accordance with *paragraph 5* may be inspected.

(4) The Minister shall consider and determine any objection to the application of Sport Ireland lodged with him or her within the period referred to in *subparagraph (3)* and the Minister may, if he or she thinks fit, appoint an adviser to assist him or her in relation thereto.

2. The Minister shall, where no objection to the application of Sport Ireland is lodged with him or her within the period referred to in *paragraph 1(3)* or any such objection is rejected by him or her, make an order (in this Schedule referred to as an “acquisition order”) authorising Sport Ireland to acquire the land or right concerned compulsorily in accordance with the terms of its application or subject to such modifications, if any, as he or she may determine and specifies in the acquisition order.

3. (1) At any time after the making of an acquisition order and before conveyance or ascertainment of price, Sport Ireland may, subject to this paragraph, enter on and take possession of the land to be acquired or exercise the right to be acquired.

(2) Sport Ireland shall not—

(a) enter on or take possession of any land under this paragraph without giving to the occupier of the land not less than one month’s previous notice in writing of its intention so to do, or

(b) exercise any right under this paragraph without giving the occupier of the land in respect of which the right is to be exercised not less than one month’s previous notice in writing of its intention so to do.

4. (1) A notice under this Schedule may be served on any person by sending it by registered post in an envelope addressed to him or her at his or her usual or last known address.

(2) Where, for any reason, the envelope cannot be so addressed, it may be served on the person for whom it is intended by sending it by registered post in an envelope addressed to “the occupier” without stating his or her name at the land to which the notice relates.

5. (1) Sport Ireland shall cause maps, plans and books of reference to be deposited in accordance with this paragraph.

(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the land or right proposed to be acquired.

(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which is proposed to be acquired or in respect of which the right is proposed to be exercised.

(4) The maps, plans and books of reference shall be deposited at such place or places as Sport Ireland, with the consent of the Minister, considers suitable and shall remain so deposited for not less than one month and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of 10 o’clock in the morning and 4 o’clock in the afternoon on every day except Saturdays, Sundays and public holidays.

6. (1) The amount of the price to be paid by Sport Ireland for any land acquired pursuant to an acquisition order to the several persons entitled thereto or having estates or interests therein or for any right acquired pursuant to an acquisition order to the several persons entitled to or having estates or interests in the land in respect of which the right is exercised, shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919.

(2) Sections 69 to 83 of the Lands Clauses Consolidation Act 1845 shall apply to the said price and, subject to *paragraphs 7* and *8*, to the conveyance to Sport Ireland of the land or right acquired, and for the purpose of the application of the said provisions Sport Ireland shall be deemed to be the promoters of the undertaking.

7. (1) Where Sport Ireland has entered on and taken possession of land in accordance with *paragraph 3* and the Minister is satisfied that—

(a) the several interests in the land have not been conveyed or transferred to Sport Ireland,

(b) it is urgently necessary, in connection with the purposes for which Sport Ireland has been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and

(c) Sport Ireland has made a proper offer in writing to each person having an interest in the land who has furnished sufficient particulars of his or her interest to enable Sport Ireland to make a proper offer for such interest,

then the Minister may make an order (in this Schedule referred to as “a vesting order”) vesting the land in Sport Ireland.

(2) Where the Minister or Sport Ireland, before the making of the vesting order, becomes aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Minister for Agriculture, Food and the Marine or to the Commissioners of Public Works in Ireland, or to any charge for estate duty, succession duty or inheritance tax payable to the Revenue Commissioners on the death of any person, the Minister or Sport Ireland, as the case may be, shall forthwith inform the Minister for Agriculture, Food and the Marine, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.

(3) When a vesting order has been made, Sport Ireland shall within 7 days after having received notification from the Minister of the making of the order—

(a) publish in one or more newspapers circulating in the area of the land to which the order relates a notice stating that the order has been made, describing the said land and naming a place where a copy of the order may be seen at all reasonable times, and

(b) serve on every person appearing to it to have an interest in the land to which the order relates a notice stating the fact of such an order having been made and the effect of the order.

8. (1) A vesting order shall be in the form prescribed by regulations made by the Minister under this Schedule which he or she is hereby authorised to make and shall have attached thereto a map of the land to which it relates and it shall be expressed and shall operate to vest the said land in Sport Ireland in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way) on a specified date not earlier than 21 days after the making of the vesting order.

(2) Notwithstanding anything in *subparagraph (1)*, where Sport Ireland has acquired, by a vesting order, land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent or other annual sum (not being merely a rent under a contract of tenancy) payable to the Minister for Agriculture, Food and the Marine or the Commissioners of Public Works in Ireland, Sport Ireland shall become and be liable, as from the date on which the land is vested in it by the vesting order, for the payment to the Minister for Agriculture, Food and the Marine or the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as may be apportioned by the Minister for Agriculture, Food and the Marine or the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been conveyed to Sport Ireland by the owner thereof on that date.

(3) When the Minister makes a vesting order in relation to any land, he or she shall cause the order to be sent to the registering authority under the Registration of Deeds and Title Act 2006 and thereupon the registering authority shall cause Sport Ireland to be registered as owner of the land in accordance with the order.