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18 1994

IRISH HORSERACING INDUSTRY ACT, 1994

PART III

The Racing Regulatory Body

Racing Regulatory Body.

39. —On the establishment day there shall stand established the Racing Regulatory Body whose general functions shall for the purposes of this Act be—

(a) to regulate horseracing,

(b) to make and enforce the Rules of Racing and in so doing to promote integrity and fair play in horseracing,

(c) to provide adequate integrity services for horseracing, and

(d) to license racecourses under the Rules of Racing.

Charges by Racing Regulatory Body.

40. —(1) Subject to sections 41 (1) and 42 , the Racing Regulatory Body may make such charges as it considers necessary to enable it to perform any of its functions or to provide any of its services.

(2) The Racing Regulatory Body may recover as a simple contract debt in any court of competent jurisdiction from any person from whom it is payable any amount due and owing under this section.

Funds of Racing Regulatory Body.

41. —(1) All revenue from the management of funds held by the Racing Regulatory Body collected or acquired in the course of performing its functions under this Act and all revenue from funds held by that Body on the establishment day on behalf of racehorse owners or persons licensed by the Racing Regulatory Body under the Rules of Racing shall be taken into account in determining any charges made by it under section 40 .

(2) The funds referred to in subsection (1) under the control of the Racing Regulatory Body shall be held and accounted for separately by that Body and a report shall be made to the Authority in such form and at such intervals as the Authority may require in respect of such funds.

Costs of integrity services.

42. —The costs of integrity services provided by the Racing Regulatory Body shall be guaranteed by the Authority on the basis that the budget prepared by the Racing Regulatory Body of the costs of such services shall be submitted to and agreed annually with the Authority and the guarantee shall be limited to the amount of the costs of integrity services contained in the agreed budget.

Collection of fees and charges on behalf of Authority.

43. —(1) The Racing Regulatory Body shall, following a request in that behalf made by the Authority, collect such fees, levies or charges in the name of the Authority, as the Authority may, from time to time, specify in such request.

(2) All sums collected under this section shall be paid to the Authority in such manner and at such times as the Authority may, in writing, direct.

Alteration of Rules of Racing.

44. —The Racing Regulatory Body shall inform the Authority when making or amending any of the Rules of Racing.

Appeals against sanctions of Racing Regulatory Body.

45. —(1) Where the Racing Regulatory Body imposes a sanction against any person involved in horseracing it shall afford that person an opportunity to appeal to it against the sanction imposed.

(2) The Racing Regulatory Body shall provide an appeals procedure and ensure that any appeal referred to in subsection (1) is heard in a fair and impartial manner.

Racing Regulatory Body to determine whether race-fixtures may be held.

46. —The Racing Regulatory Body or a person acting on its behalf shall, in respect of each race-fixture to be held at an authorised racecourse, determine before the fixture whether that race-fixture may be held having considered the following criteria—

(a) the safety of horses and riders both on and off the racetrack,

(b) the condition in respect of safety of fences, hurdles or other obstacles on the racetrack,

(c) the condition of the running surface of the racetrack,

(d) the efficiency of the management of the racecourse in respect of the holding of horse races at that fixture, and

(e) any other matter that might affect the safe operation of horse races at the race-fixture.