Irish Horseracing Industry 1994

Interpretation.

2

2.(1) In this Act, save where the context otherwise requires—

the Act of 1945” means the Racing Board and Racecourses Act, 1945;

the Act of 1975” means the Racing Board and Racecourses (Amendment) Act, 1975;

authorised bookmaker” means a licensed bookmaker who is the holder of a course-betting permit;

authorised officer” means a person appointed in writing by the Authority to be an authorised officer for the purposes of this Act;

authorised racecourse” means a racecourse including the precincts thereof authorised by the Authority under section 59;

F1["HRI" means Horse Racing Ireland established under section 5 of the Horse and Greyhound Racing Act, 2001;]

F2["betting intermediary" means a person who, in the course of business, provides facilities that enable persons to make bets with persons (other than the first-mentioned person);]

betting office” means any premises at an authorised racecourse in which betting is permitted by regulations under section 53;

the chairman” means the chairman of the Authority;

the chief executive” means the chief officer of the Authority;

company” means—

(a) a company within the meaning of the Companies Acts, 1963 to 1990, or

(b) a body established under the laws of a state other than the State and corresponding to a body referred to in paragraph (a);

company of the Authority” means a company established under section 36;

course bet” means a bet entered into by an authorised bookmaker at an authorised racecourse;

course-betting permit” means a permit granted by the Authority under section 48 (1);

course-betting representative permit” means a permit granted by the Authority under section 48 (2);

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

executive”, in relation to a racecourse, means the person who owns or exercises control over that racecourse;

functions” includes powers and duties;

F3["integrity services" means those services operated by or on behalf of the Racing Regulatory Body for the purposes of enforcing discipline and ensuring that horses are run fairly and properly;]

F2["jockeys" and "qualified riders" have the same meaning as in the Rules of Racing;]

levy” means levy payable under section 54;

licensed bookmaker” means a person who is the holder of a bookmaker's licence for the time being in force issued under the Betting Act, 1931;

licensed racecourse” means a racecourse which is licensed by the Racing Regulatory Body under the Rules of Racing;

the Minister” means the Minister for Agriculture, Food and Forestry;

precincts”, in relation to an authorised racecourse, means any place (including a car-park) adjacent to the racecourse under the control of the executive of a racecourse to which the public habitually resort for the purpose of attending and watching horseracing;

prescribed” means prescribed by regulations made by the Authority under this Act;

racecourse authorisation” means an authorisation granted to a licensed racecourse by the Authority under section 59;

race-fixture” means the venue and the day of a race-meeting and where a race-meeting lasts for more than one day each day of the meeting shall be a separate race-fixture;

race-meeting” means a series of horseraces held at a racecourse;

race-programme” means the category, prizes, conditions and number of races at a race-fixture;

F3["Racing Regulatory Body" means—

(a) the Irish Turf Club, in relation to flat racing,

(b) the Irish National Hunt Steeplechase Committee, in relation to national hunt racing, including point-to-point steeplechases, or

(c) both, in relation to horseracing generally,

and includes any limited company formed under the Companies Act 2014 by such body for the purpose of carrying out its functions under this Act;]

F3["Rules of Racing" means, in relation to—

(a) flat racing, the Rules of Racing as laid down by the Irish Turf Club,

(b) national hunt racing, the Irish National Hunt Steeplechase Rules as laid down by the Irish National Hunt Steeplechase Committee, and

(c) point-to-point steeplechases, the regulations for Point-to-Point Steeplechases issued by the Stewards of the Irish National Hunt Steeplechase Committee;]

starting price licence” means a licence granted by the Authority under section 33;

subsidiary” means—

(a) in relation to the Racing Board, a racecourse established under section 14 of the Act of 1945, the Tote Investors (Ireland) Limited, or the Leopardstown Club Limited, and

(b) in relation to the Authority, a company of the Authority, a racecourse established under section 38, or any subsidiary of the Racing Board transferred to the Authority by this Act;

superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

totalisator licence” means a licence granted under the Totalisator Act, 1929.

(2) References however expressed in any enactment in force before the establishment day to an authorised racecourse under the Act of 1945 shall be construed on and after the establishment day as a reference to an authorised racecourse under this Act.

(3) 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.

(4) In this Act a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act.

Annotations:

Amendments:

F1

Substituted (18.12.2001) by Horse and Greyhound Racing Act 2001 (20/2001), s. 7 and sch. para. 1, S.I. No. 630 of 2001, art. 2.

F2

Inserted (9.03.2016) by Horse Racing Ireland Act 2016 (2/2016), s. 2(a), (b), S.I. No. 138 of 2016, art. 2.

F3

Substituted (9.03.2016) by Horse Racing Ireland Act 2016 (2/2016), s. 2(b)-(d), S.I. No. 138 of 2016, art. 2.

Modifications (not altering text):

C1

Term "the Authority" construed (18.12.2001) Horse and Greyhound Racing Act 2001 (20/2001), s. 7 and sch. para. 1, S.I. No. 630 of 2001, art. 2.

Schedule

Section 7

Amendments to Act of 1994

...

the Act of 1994 shall have effect as if each reference therein to the Authority were a reference to HRI.

C2

Functions transferred and references to Minister construed (1.05.2010) by Horse and Greyhound Racing (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 179 of 2010), arts. 2 and 3, in effect as per art. 1(2), subject to transitional provisions in art. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Agriculture, Fisheries and Food.

(2) References to the Department of Arts, Sport and Tourism contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Agriculture, Fisheries and Food.

3. (1) The functions vested in the Minister for Arts, Sport and Tourism by or under — ...

(c) the Irish Horseracing Industry Act 1994 (No. 18 of 1994),

...

are transferred to the Minister for Agriculture, Fisheries and Food.

(2) References to the Minister for Arts, Sport and Tourism contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be read as references to the Minister for Agriculture, Fisheries and Food.

Editorial Notes:

E1

Previous affecting provision: functions transferred (18.06.2002) by Horse and Greyhound Racing (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 297 of 2002), arts. 3, 4, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9; superseded as per C-note above.