4. (1) The following is substituted for the Schedule (as amended by the Horse Racing Ireland (Membership) Act 2001) to the Act of 1994:

“SCHEDULE

Section 9

Horse Racing Ireland

1. HRI shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

2. HRI shall consist of a chairman and 13 ordinary members.

3. The chairman and ordinary members of HRI shall be appointed by the Minister having regard to creating a balance between the different interests in the horseracing industry.

4. The chairman may at any time resign his or her office by letter addressed to the Minister.

5. The Minister may at any time remove the chairman from office.

6. Subject to this Schedule, the chairman shall hold office on such terms and conditions as the Minister may determine.

7. (1) There shall be paid by HRI to the chairman such remuneration and allowances (if any) for expenses as HRI thinks fit, subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.

(2) In determining the remuneration or allowances for expenses to be paid to its chairman, HRI shall have regard to Government or nationally agreed guidelines which are for the time being extant or to Government policy concerning remuneration and conditions of employment which is so extant, and, in addition to the foregoing, HRI shall comply with any direction regarding such remuneration, allowances, terms or conditions which the Minister may give from time to time to HRI with the consent of the Minister for Public Expenditure and Reform.

8. (1) Of the ordinary members of HRI—

(a) 3 shall be nominees of the Racing Regulatory Body,

(b) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of authorised racecourses,

(c) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of racehorse breeders,

(d) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of racehorse owners,

(e) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of racehorse trainers,

(f) 2 shall be nominated for appointment thereto by the industry services committee—

(i) one of whom shall be the chairman of the committee, and

(ii) one of whom shall be a representative of stable staff,

(g) one shall be nominated for appointment thereto by the betting industry being the chairman of the betting committee, and

(h) 3 shall be chosen by the Minister for their specific skill and competencies and one of whom, at least, shall be representative of the horseracing industry in Northern Ireland.

(2) Subject to subparagraphs (3) and (4), persons nominated under subparagraph (1)(a) to (e) shall be elected at a general meeting of—

(a) in the case of a person nominated under subparagraph (1)(a), the Racing Regulatory Body, or

(b) in the case of a person nominated under subparagraph (1)(b) to (e), the interest concerned,

specially convened for that purpose, upon adequate notice being given of the meeting by the Racing Regulatory Body or the interest concerned, as the case may be.

(3) In the event of a dispute in respect of any aspect of the method of election to be carried out under subparagraph (2), the Minister shall decide the method.

(4) The Minister may, as he or she considers appropriate, decide on or approve alternative arrangements for the election of persons to be nominated under subparagraph (1) (a) to (e) to those specified in subparagraph (2) where the need arises.

(5) Where the Racing Regulatory Body or any persons referred to in subparagraph (1)(b) to (e) fail to make a nomination by such date as the Minister may require for nominations under subparagraph (1)(a) to (e) to be given to him or her, the Minister may appoint such person, in the absence of the nomination, as he or she decides.

(6) Nominations under subparagraph (1)(a) to (g) and appointments under subparagraph (1)(h) shall, in so far as is practicable and having regard to relevant experience, create an equitable balance between men and women.

9. Subject to this Schedule, each ordinary member of HRI shall hold office on such terms and conditions as the Minister may determine.

10. (1) The term of office of the chairman shall be 5 years.

(2) Subject to this paragraph, the term of office of an ordinary member of HRI shall be 4 years.

(3) A member of HRI shall not serve in any capacity for more than 2 consecutive terms.

11. (1) If a member of HRI dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of HRI to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of HRI who occasioned the casual vacancy.

(2) A person appointed to be a member of HRI by virtue of this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and shall be eligible for re-appointment as a member of HRI.

12. Subject to paragraph 10(3), a member of HRI whose term of office expires by effluxion of time shall be eligible for re-appointment as a member of HRI.

13. Where a member of HRI, 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.

14. The Minister may at any time remove an ordinary member of HRI from office.

15. An ordinary member of HRI may resign his or her office as a member by letter addressed to the Minister.

16. A member of HRI shall be disqualified from holding and shall cease to hold office if he or she—

(a) is adjudged bankrupt or is sentenced by a court of competent jurisdiction to a term of imprisonment,

(b) commits an offence under this Act,

(c) is disqualified from holding any licence, permit or authorisation granted under this Act, or

(d) is the subject of an exclusion notice under section 62.

17. Each ordinary member of HRI shall be paid, out of moneys at the disposal of HRI, such remuneration (if any) and allowances for expenses incurred by him or her (if any) as HRI may with the consent of the Minister and the Minister for Public Expenditure and Reform determine.

18. HRI shall hold such and so many meetings as may be necessary for the due execution of its functions.

19. The quorum for a meeting of HRI shall be 7.

20. At a meeting of HRI—

(a) the chairman shall, if present, be the chairman of the meeting, and

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

21. The chairman and each ordinary member of HRI present at a meeting thereof shall have a vote.

22. Every question at a meeting of HRI shall be determined by a majority of the votes of the members present voting on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

23. HRI may act notwithstanding one or more than one vacancy among its members.

24. Subject to this Schedule, HRI shall regulate by standing orders or otherwise the procedure and business of HRI.

25. The seal of HRI shall be authenticated by the signature of the chairman or some other member thereof authorised by HRI to act in that behalf and the signature of an officer of HRI authorised by HRI to act in that behalf.

26. Judicial notice shall be taken of the seal of HRI and every document purporting to be a regulation, directive or other instrument made by HRI and to be sealed with the seal of HRI shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.”.

(2) On the commencement of this section:

(a) 2 members of HRI representing the Racing Regulatory Body, who were such members immediately upon such commencement, shall cease to be members of HRI and the Minister shall be informed of their names by the Racing Regulatory Body. If the Racing Regulatory Body fails to so inform the Minister within 21 days of the commencement of this section, the Minister shall remove 2 members representing the Racing Regulatory Body at the Minister’s discretion;

(b) the members of HRI who were nominated by—

(i) authorised bookmakers, and

(ii) persons employed in the horseracing industry,

who were such members immediately upon such commencement shall continue to be members of HRI for 3 months from such commencement following which the chairman of the industry services committee and chairman of the betting committee shall replace those members. If the industry services committee or the betting committee fail to elect a chairman within that period of time, the Minister shall appoint a person to HRI to act for such interests until such time as a chairman is elected.