First Previous (PART 5 Betting (Miscellaneous)) Next (SCHEDULE)

20 2001

HORSE AND GREYHOUND RACING ACT, 2001

PART 6

Transfer of Assets and Liabilities of Irish Horseracing Authority to HRI

Definition.

21. —In this Part, “Authority” means “Irish Horseracing Authority”.

Transfer of property and liabilities of Authority to HRI.

22. —(1) The following shall be transferred to HRI on the establishment day—

(a) all property (including assets and racecourses) and rights held or enjoyed immediately before the establishment day by the Authority, and

(b) all liabilities incurred before the establishment day by the Authority that had not been discharged before the establishment day,

and, accordingly, without any further conveyance, transfer or assignment—

(i) the said property, real and personal, shall on the establishment day vest in HRI for all the estate, term or interest for which, immediately before the establishment day, it was vested in the Authority but subject to all trusts and equities affecting the property and capable of being performed,

(ii) the said rights shall, as on and from the establishment day, be enjoyed by HRI, and

(iii) the said liabilities shall, as on and from the establishment day, be the liabilities of HRI.

(2) All moneys, stocks, shares and securities transferred to HRI by this section that, immediately before the establishment day, are standing in the name of the Authority shall, upon the request of HRI, be transferred into its name.

(3) Every right and liability transferred by this section to HRI may, on or after the establishment day, be sued on, recovered or enforced by or against HRI in its own name and it shall not be necessary for HRI to give notice to the person whose right or liability is transferred by this section of the transfer.

Preservation of certain continuing contracts and adaptation of references to HRI in certain documents.

23. —(1) Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the Authority to any person or given by any person to and accepted by or on behalf of the Authority and every contract or agreement in writing made between the Authority and any other person and in force but not fully executed and completed immediately before the establishment day shall continue in force on and after such establishment day and shall be construed and have effect as if HRI were substituted for the Authority as a party thereto and the name of HRI were substituted therein for that of the Authority and shall be enforceable by or against HRI.

(2) References to the Authority contained immediately before the establishment day in the memorandum and articles of association of any company (within the meaning of the Companies Acts, 1963 to 1999), shall, on and after such establishment day, be construed as references to HRI.

Pending legal proceedings.

24. —Where, immediately before the establishment day any legal proceedings are pending in any court or tribunal and the Authority is a party to the proceedings, HRI shall be substituted for the Authority as a party thereto and the name of HRI shall be substituted in the proceedings for that of the Authority and the proceedings shall not abate by reason of such substitution.

Final accounts of Authority.

25. —(1) As soon as may be after the establishment day HRI shall cause to be prepared in such form as may be approved of by the Minister all proper and usual accounts of all moneys received or expended by the Authority in the accounting year, or the part of an accounting year, of the Authority ending immediately before the establishment day.

(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by HRI to an auditor for audit and, immediately after the audit, a copy of the accounts as audited and a copy of the auditor's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.

Transfer of totalisator licences.

26. —On the establishment day any totalisator licence granted under the Totalisator Act, 1929 , which was immediately before that day held by the Authority or a subsidiary of it shall, by virtue of this section, be transferred to HRI or a subsidiary of it and shall, on and after the establishment day, have effect as if the name of HRI or the subsidiary concerned were substituted therein for that of the Authority.

Transfer of staff.

27. —(1) Every person who is on the day immediately before the establishment day a member of the staff of the Authority or a subsidiary of it shall, on the establishment day, be transferred to and become a member of the staff of HRI or a subsidiary of it, as HRI may determine.

(2) Every person who is on the day immediately before the commencement of section 8 a member of the staff of the Racing Regulatory Body and who is engaged on work relating to the functions to be transferred from that Body to HRI under paragraph (a) or (b) of section 8 (1) shall, subject to agreement on terms and conditions, have the right to transfer on the commencement of section 8 to HRI and become a member of the staff of HRI or a subsidiary of it, as HRI may determine.

(3) Every person who is, immediately before the transfer of any functions under section 8 (1)(f) from the Racing Regulatory Body to HRI, a member of the staff of the Racing Regulatory Body engaged in work relating to these functions, shall, subject to agreement on terms and conditions, have the right to transfer, on the transfer of those functions, to HRI and become a member of the staff of HRI or a subsidiary of it, as HRI may determine.

(4) A person referred to in subsection (1), (2) or (3) may, subject to subsection (5), be placed by HRI or a subsidiary of it into a different grade or position (including a lower grade or position) in HRI or a subsidiary of it, as the case may be, from that which he or she held immediately before the establishment day, the commencement of section 8 or the transfer of functions under section 8 (1)(f), as the case may be, where it considers it necessary or having regard to the structure and remuneration of grades and positions in HRI or a subsidiary of it, as the case may be.

(5) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1), (2) or (3) shall not, while in the service of HRI or a subsidiary of it, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the establishment day, the commencement of section 8 or the transfer of functions under section 8 (1)(f), as the case may be.

(6) HRI shall have regard to the period of service in the Authority or the Racing Regulatory Body of any person transferred under this section when deciding the conditions of service of the person under subsection (5).

(7) In this section, “recognised trade union or staff association” means a trade union or staff association recognised by HRI for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees.