Greyhound Racing Act 2019

PART 1 Preliminary and general

1. Short title, collective citation, construction and commencement

1. (1) This Act may be cited as the Greyhound Racing Act 2019.

(2) The Greyhound Industry Acts 1958 and 1993, sections 8 to 13 of the Act of 1999, sections 14 and 16 and sections 15 and 17 (in so far as they relate to the Board) of the Horse and Greyhound Racing Act 2001, section 15 of the Horse Racing Ireland Act 2016 and this Act (other than Parts 10 and 11) may be cited together as the Greyhound Racing Acts 1958 to 2019 and shall be read together as one.

(3) The Welfare of Greyhounds Act 2011 and Part 10 may be cited together as the Welfare of Greyhounds Acts 2011and 2019.

(4) The Animal Health and Welfare Act 2013 and Part 11 may be cited together as the Animal Health and Welfare Acts 2013 and 2019.

(5) This Act (other than Parts 10 and 11) comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Definitions

2. In this Act—

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

“administrative racing sanction” means a sanction which may be imposed under section 46(1) for a breach of the Racing code;

“Appeal Committee” means Appeal Committee established under section 50 of the Principal Act;

“authorised officer” means a person appointed by the Board to be an authorised officer of the Board under section 35 or under the Principal Act;

“Board” means Rásaíocht Con Éireann;

“Club” means Irish Coursing Club;

“Code of Practice for the Governance of State Bodies” means the Code of Practice for the Governance of State Bodies as published by the Minister for Public Expenditure and Reform;

“Control Committee” means Greyhound Racing Control Committee established under section 44;

“disqualification order” means a disqualification order read in accordance with section 47 and imposed as an administrative racing sanction provided under section 46(1)(b)(i);

“doping” in relation to a greyhound, means the administration to the greyhound of a substance;

“exclusion order” means an exclusion order read in accordance with section 48 and imposed as an administrative racing sanction provided under section 46(1)(b)(ii);

“greyhound” means a dog (including a bitch) entered in the Irish Greyhound Stud Book or the equivalent stud book of a foreign jurisdiction or the pup of a greyhound dog and greyhound bitch so entered;

“investigating officer” means a person appointed to conduct an investigation for the purposes of section 42;

“Irish Greyhound Stud Book” means the stud book in which thoroughbred greyhounds are registered and identified under the Constitution of the Club;

“Minister” means Minister for Agriculture, Food and the Marine;

“Principal Act” means Greyhound Industry Act 1958;

“Racing code” means the governance and regulation of greyhound racing and the greyhound industry under the Greyhound Racing Acts 1958 to 2019;

“racing sanction” means an administrative racing sanction or a sanction payment;

“sanction breach” means, in relation to a breach of the Racing code, a breach, stated in regulations to be a racing sanction provision, for which a racing sanction may be imposed by the Control Committee under section 46 or the Appeal Committee under section 49;

“sanction payment” means a payment required to be paid under section 46(2);

“Scientific Advisory Committee” means a committee established under section 13 of the Principal Act to advise the Board in relation to matters for which regulations may be made under section 27 and, in particular, the doping and medication control of greyhounds;

“subsidiary” means a company established by the Board under section 18B (inserted by section 10 of the Act of 1999) of the Principal Act;

“substance” means any matter irrespective of origin, whether such matter is of—

(a) human origin (including human blood and human blood products),

(b) animal origin (including micro-organisms, whole or parts of animals, parts of organs and animal secretions, toxins, antitoxins, sera, antisera, extracts and blood products),

(c) vegetable origin (including micro-organisms, plants, parts of plants and vegetable secretions or extracts),

(d) chemical origin (including elements, naturally occurring chemical materials and chemical products obtained by chemical change or synthesis), or

(e) any combination of the foregoing,

which if introduced into a greyhound would affect the performance of a greyhound, to bring about either performance enhancement or performance impairment;

“substances regulations” means regulations made under section 27(1) in respect of a matter referred to in paragraph (a), (c) or (e) of that subsection;

“veterinary practitioner” means a veterinary practitioner within the meaning of the Veterinary Practice Act 2005.

3. Amendment of section 2 of Principal Act (interpretation)

3. Section 2 of the Principal Act is amended in subsection (1) by—

(a) substituting for the definition of “the Board” the following:

“ ‘Board’ means Rásaíocht Con Éireann;”,

and

(b) substituting for the definition of “the Minister” the following:

“ ‘Minister’ means Minister for Agriculture, Food and the Marine;”.

4. Notifications, notices and documents

4. (1) Where a notification, a notice or document under the Greyhound Racing Acts 1958 to 2019 is required to be given to or served on a person it shall be addressed to the person and shall be given to or served on the person—

(a) by delivering it to the person or in the case of a partnership by delivering it to any of the partners,

(b) by leaving it at the address at which the person ordinarily resides or carries on business,

(c) by sending it by post in a pre-paid registered letter addressed to the person at the address at which the person ordinarily resides or carries on business,

(d) if an address for the service of the notification, notice or document has been furnished by the person, by leaving it at, or sending it by pre-paid registered post addressed to the person to, that address, or

(e) by sending it by means of electronic mail to a device or facility for the reception of electronic mail where such an electronic mail address has been furnished by the person, but only if the sender’s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail confirming successful transmission of the notification, notice or document.

(2) For the purposes of subsection (1), a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act is considered to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is considered to be ordinarily resident at its principal office or place of business.

(3) A copy of a notification, notice or document, which has endorsed on it a certificate by an authorised officer or a welfare officer (appointed under section 7 of the Welfare of Greyhounds Act 2011), as the case may be, stating that the copy is a true copy of the notification, notice or document may, without proof of signature of that person, be produced in every court or before the Control Committee or Appeal Committee and is evidence, unless the contrary is shown, of the notification, notice or document.

(4) Section 53 of the Principal Act is repealed.

5. Regulations

5. (1) Where the Board proposes to make regulations under this Act, it shall publish—

(a) a draft of the proposed regulations, and

(b) a notice of the proposed regulations in one or more newspapers or journals relating mainly or partly to greyhound racing or the greyhound industry published in and circulating within the State,

stating that representations may be made in writing to the Board before a specified date (which shall not be less than 21 days from the date of publication).

(2) The Board shall consider any representations made under subsection (1).

(3) The Board having considered under subsection (2) any representations made under subsection (1), regarding regulations it proposes to make under this Act, may make the regulations, with or without modification.

(4) Where regulations are made by the Board under this Act, the Board shall publish on its website—

(a) a copy of the regulations or a notice of their making with a description of them, and

(b) reference to the statutory instrument number assigned to them.

(5) The validity of any regulations made under this Act is not affected by any non-compliance with subsection (1) or (4).

(6) Every regulation made by the Board under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation is annulled accordingly, but without prejudice to the validity of anything previously done under it.

6. Prosecution of offences

6. (1) An offence under the Greyhound Racing Acts 1958 to 2019 may be prosecuted summarily by the Board.

(2) Subsection (1) of section 52 of the Principal Act is repealed.

7. Revocations

7. (1) The following are revoked:

(a) the Greyhound Industry (Control Committee and Control Appeal Committee) Regulations 2007 (S.I. No. 301 of 2007);

(b) the Greyhound Industry (Control Committee and Control Appeal Committee) (Amendment) Regulations 2008 (S.I. No. 242 of 2008);

(c) the Greyhound Industry (Control Committee and Control Appeal Committee) (Amendment) Regulations 2015 (S.I. No. 397 of 2015);

(d) the Greyhound Industry (Control Committee and Control Appeal Committee) (Amendment) Regulations 2016 (S.I. No. 441 of 2016);

(e) the Greyhound Industry (Control Committee and Control Appeal Committee) (Provisional Extension of Term of Office) Regulations 2016 (S.I. No. 491 of 2016);

(f) the Greyhound Industry (Control Committee and Control Appeal Committee) (Provisional Extension of Term of Office) Regulations 2017 (S.I. No. 387 of 2017);

(g) the Greyhound Industry (Control Committee and Control Appeal Committee) (Provisional Extension of Term of Office) Regulations 2018 (S.I. No. 323 of 2018).

(2) On the commencement of this section any matter under investigation by or before the Control Committee or under appeal to the Appeal Committee under Regulations revoked by subsection (1) which has not been dealt with before the commencement of this section may continue to be dealt with under those Regulations.

PART 2 Rásaíocht Con Éireann

8. Change of name of Bord na gCon

8. (1) The name of the board (established by section 6 of the Principal Act) the present name of which is Bord na gCon, shall be Rásaíocht Con Éireann.

(2) References in any enactment, statutory instrument or legal proceedings or any other document to Bord na gCon shall, on and from the commencement of this section, be read as references to Rásaíocht Con Éireann.

9. Membership of Board

9. (1) The Principal Act is amended by substituting for sections 7, 8 and 9 the following:

“Constitution of Board

7. (1) The membership of the Board shall consist of—

(a) a chairperson, and

(b) 8 ordinary members,

who have, in the opinion of the Minister, experience of or shown capacity in matters relevant to the functions of the Board.

(2) The Minister shall, insofar as practicable and having regard to the relevant experience of the persons concerned, ensure an equitable balance between men and women in the composition of the membership of the Board.

Members of Board

8. (1) The Minister shall appoint the members of the Board, having regard to Government policy and procedures.

(2) Of the ordinary members of the Board—

(a) one or more than one shall be a veterinary practitioner of at least 5 years standing, and

(b) one or more than one shall be a person with a detailed knowledge of the greyhound industry.

(3) The chairperson of the Board shall hold office for the period of 5 years from the date of his or her appointment.

(4) Subject to subsection (4), an ordinary member of the Board shall hold office for the period of 3 years from the date of his or her appointment.

(5) On the commencement of section 9 of the Greyhound Racing Act 2019 any member of the Board with less than 3 years service on the Board from his or her first or subsequent appointment, shall continue as a member of the Board until he or she has served 3 years.

(6) A person who has served 2 consecutive terms of office as a member of the Board is not eligible for re-appointment.

(7) A member of the Board to whom subsection (4) applies may, subject to subsection (5), be eligible to be re-appointed as an ordinary member of the Board under this section.

(8) A member of the Board, subject to this Act, holds office upon such terms and conditions (including terms and conditions relating to remuneration, expenses and allowances) as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.

(9) If a member of the Board dies, resigns, ceases to be qualified for office and ceases to hold office, or is removed from office, the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned.

(10) A person appointed to be a member of the Board under subsection (8) holds office for that period of the term of office of the member who occasioned the casual vacancy that remains unexpired at the date of his or her appointment and is eligible for reappointment as a member of the Board for one term of office on the expiry of that period.

(11) Where a member of the Board, whose term of office has expired, has not been reappointed or may not be reappointed by virtue of having served 2 consecutive terms, the member shall continue in office until the vacancy occasioned by him or her is filled by the appointment of another person.

(12) The Board may act notwithstanding any vacancy in its membership.

Conditions of office of members of Board

9. (1) The Minister may at any time remove a member of the Board from office for stated reasons including if, in the opinion of the Minister—

(a) the member—

(i) becomes incapable through ill health of effectively performing his or her duties, or

(ii) breaches the Code of Practice for the Governance of State Bodies or other such codes or policy documents that may issue from time to time by a member of the Government,

or

(b) the removal is necessary for the effective performance of the functions of the Board.

(2) A member of the Board may resign from office by letter addressed to the Minister and the resignation takes effect when the Minister receives the letter.

(3) A member of the Board ceases to hold office if—

(a) he or she is adjudicated bankrupt,

(b) he or she makes a composition or arrangement with a creditor,

(c) he or she is convicted of an offence under the Non-Fatal Offences against the Person Act 1997 or an offence involving cruelty to an animal or relating to animal welfare,

(d) he or she is the subject of an exclusion order,

(e) he or she is convicted of an indictable offence in relation to a company or an existing company (within the meaning of the Companies Act 2014),

(f) he or she is convicted of an offence involving fraud or dishonesty,

(g) he or she is sentenced to a term of imprisonment by a court of competent jurisdiction, or

(h) he or she is the subject of an order under section 842 of the Companies Act 2014.”.

(2) Section 2 of the Greyhound Industry (Amendment) Act 1993 is repealed.

10. Quorum for meeting of Board

10. Section 10 of the Principal Act is amended by substituting for subsection (2) the following:

“(2) The quorum for a meeting of the Board is 6.”.

11. Exclusion from membership of Board or staff of Board

11. (1) Where a member of the Board or a committee of the Board or a director of a subsidiary is nominated as a candidate for election to the European Parliament, or to either House of the Oireachtas, he or she is suspended from membership of the Board or the committee or as a director of the subsidiary, and is not entitled to participate in meetings of the Board, the committee or the subsidiary or receive from the Board or the subsidiary any remuneration or allowances in respect of the period commencing on such nomination and ending when the person is regarded as not having been elected.

(2) Where a member of the Board or a committee of the Board or the chief executive or a director of a subsidiary, is—

(a) nominated as a member of Seanad Éireann,

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

(c) regarded under Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,

he or she ceases to be a member of the Board, or the committee, the chief executive or director of the subsidiary.

(3) A person who is entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a member of the European Parliament, while he or she is so entitled or is such a member, is disqualified from membership of the Board.

(4) Where a person who is a member of the staff of the Board is—

(a) nominated as a candidate for election to either House of the Oireachtas or the European Parliament,

(b) elected as a member of either House of the Oireachtas or the European Parliament,

(c) nominated as a member of Seanad Éireann, or

(d) regarded under Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy,

he or she is seconded from employment by the Board and shall not be paid by, or be entitled to receive from, the Board any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected, as the case may be, and ending when the person is regarded as not having been elected or ceases to be a member of either House or the Parliament.

12. Disclosure of interests

12. (1) Where a—