Greyhound Industry Act 1958

Appeals.

51

51. (1) Where—

(a) a greyhound race track licence,

(b) a permit referred to in paragraph (a) of subsection (2) of section 25 of this Act,

(c) a course-betting permit,

(d) a permit referred to in paragraph (a) of subsection (1) of section 36 of this Act,

(e) a licence referred to in paragraph (a) of subsection (2) of section 37 of this Act,

(f) a licence referred to in paragraph (a) of subsection (2) of section 38 of this Act,

(g) a permit or approval referred to in paragraph (h) of subsection (2) of section 38 of this Act, or

(h) a licence referred to in paragraph (a) of subsection (2) of section 39 of this Act,

is refused, or, in the case of a licence or permit, is revoked or suspended, the applicant, licensee or permit holder may, within the period of twenty-one days beginning on the day on which the Board decides on the refusal, revocation or suspension and subject to subsection (8) of this section, appeal in writing to the Appeal Committee against the refusal, revocation or suspension.

(2) Where a regulation referred to in paragraph (f) of subsection (2) of section 25 of this Act is made, a licensee of a greyhound race track may, within the period of twenty-one days beginning on the day on which the regulation is made and subject to subsection (8) of this section, appeal in writing to the Appeal Committee against the regulation.

(3) On an appeal under this section, the Appeal Committee, after considering the refusal, suspension, revocation or regulation to which the appeal relates and after conducting any investigations, inquiries and hearings which they consider necessary, shall either refuse the appeal or—

(a) in the case of an appeal against the refusal of a licence, permit or approval, direct the Board (who shall comply with the direction) to grant a licence, permit or approval,

(b) in the case of an appeal against a revocation or suspension of a licence or permit, annul the revocation or suspension, and

(c) in the case of an appeal against a regulation, direct the Board (who shall comply with the direction) to revoke the regulation.

(4) For the purposes of subsection (1) of this section, where a licence or permit referred to in that subsection is refused, revoked or suspended or an approval referred to in that subsection is refused—

(a) notice of the refusal, revocation or suspension shall be served on the applicant, licensee or permit holder within the period of seven days beginning on the day on which the Board decides on the refusal, revocation or suspension,

(b)in the case of a revocation or suspension, the revocation or suspension shall be expressed (and, subject to subsection (6) of this section, shall have effect accordingly) as coming into operation on a specified day after the expiration of the period of twenty-one days beginning on the day on which the Board decides on the revocation or refusal.

(5) For the purposes of subsection (2) of this section, where a regulation referred to in that subsection is made—

(a) notice of the regulation shall be served on every licensee under a greyhound race track licence within the period of seven days beginning on the day on which the regulation is made,

(b) the regulation shall be expressed (and, subject to subsection (7) of this section, shall have effect accordingly) as coming into operation on a specified day after the expiration of the period of twenty-one days beginning on the day on which the regulation is made.

(6) Where—

(a)  an appeal is taken under this section against the revocation or suspension of a licence or permit, and

(b) on the day on which the revocation or suspension is expressed as coming into operation, the appeal has not been withdrawn or determined,

the operation of the revocation or suspension shall stand suspended until (as may be appropriate) the appeal is withdrawn or refused or the revocation or suspension is annulled by the Appeal Committee.

(7) Where—

(a) an appeal is taken under this section against a regulation, and

(b) on the day on which the regulation is expressed as coming into operation, either the appeal has not been withdrawn or determined or, in the case in which the appeal has been determined by direction of the Appeal Committee for revocation of the regulation, such revocation has not been effected,

the operation of the regulation shall stand suspended until (as may be appropriate) the appeal is withdrawn or refused or the regulation is revoked by direction of the Appeal Committee.

(8) An appeal under this section shall be accompanied by the sum of five pounds which shall be held by the Appeal Committee until disposed of as follows:

(a) in case the appeal is withdrawn or is determined in favour of the appellant, it shall be returned to the appellant,

(b) in case the appeal is refused, it shall be paid to and retained by the Board.

(9) At a hearing conducted by the Appeal Committee in relation to an appeal under this section—

(a) the appellant may appear in person or by counsel, solicitor or agent,

(b) the Board may appear by counsel or solicitor or by an officer of the Board,

(c) any witness may, if the chairman of the Appeal Committee thinks fit, be examined on oath (which the chairman is hereby empowered to administer).

Annotations:

Amendments:

F66

Substituted by Greyhound Racing Act 2019 (15/2019), s. 51(a), not commenced as of date of revision.

F67

Substituted by Greyhound Racing Act 2019 (15/2019), s. 51(b), not commenced as of date of revision.

F68

Substituted by Greyhound Racing Act 2019 (15/2019), s. 51(c), not commenced as of date of revision.

F69

Substituted by Greyhound Racing Act 2019 (15/2019), s. 51(d), not commenced as of date of revision.

Modifications (not altering text):

C18

Prospective affecting provision: subss. (1), (2), (4), (6)(a) substituted and subs. (8) amended by Greyhound Racing Act 2019 (15/2019), s. 51(a)-(d), not commenced as of date of revision.

51. F66[(1) Where a greyhound race track licence, a course-betting permit or a licence, permit or approval (within the meaning of section 30 of the Greyhound Racing Act 2019) is refused or is revoked or suspended (other than as an administrative racing sanction under section 46 (1)(c) of the Greyhound Racing Act 2019) the applicant, licensee or permit or approval holder may, within the period of 21 days beginning on the day on which the Board decides on the refusal, revocation or suspension and subject to subsection (8), appeal in writing (including by electronic means) to the Appeal Committee in such form as it decides against the refusal, revocation or suspension.

(2) Where a regulation is made under section 20 (1) of the Greyhound Racing Act 2019 for the purposes of paragraph (c) of that subsection, a licensee of a greyhound race track may, within the period of 21 days beginning on the day on which the regulation is made and subject to subsection (8), appeal in writing to the Appeal Committee against the regulation.]

(3) …

F67[(4) For the purposes of subsection (1), where a licence, permit or approval referred to in that subsection is refused, revoked or suspended

(a) notice of the refusal, revocation or suspension and of the appeal procedure under this section shall be served on the applicant, licensee or permit holder within the period of 7 days beginning on the day on which the Board decides on the refusal, revocation or suspension, and

(b) in the case of a revocation or suspension, the revocation or suspension shall be expressed (and, subject to subsection (6), shall have effect accordingly) as coming into operation on a specified day after the expiration of the period of 21 days beginning on the day on which the Board decides on the revocation or refusal.]

(5) …

(6) Where —

F68[(a) an appeal is taken under this section against the revocation or suspension or a licence, permit or approval, and]

(b) .…

(7) …

(8) An appeal under this section shall be accompanied by F69[€500] which shall be held by the Appeal Committee until disposed of as follows:

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