Greyhound Industry (Control Committee and Control Appeal Committee) Regulations, 2007

• Jurisdiction: Ireland
• Citation: IR SI 301/2007

REGULATIONS
S.I. Number 301 of 2007
entitled
Greyhound Industry (Control Committee and Control Appeal Committee) Regulations 2007
Greyhound Industry (Control Committee and Control Appeal Committee) Regulations 2007
Arrangement of Articles
Article
1. Definitions. 2. Citation and Commencement. 3. Dissolution of Existing Control Committee. 4. Establishment of Control Committee. 5. Membership of Control Committee. 6. Functions of Control Committee. 7. Meetings of Control Committee. 8. Meeting Procedures. 9. Control Committee Conflict of Interest Procedures. 10. Establishment of Control Appeal Committee. 11. Membership of Control Appeal Committee. 12. Functions of Control Appeal Committee. 13. Meetings of Control Appeal Committee. 14. Appeal Procedures. 15. Control Appeal Committee Conflict of Interest Procedures.
GREYHOUND INDUSTRY (CONTROL COMMITTEE AND CONTROL APPEAL COMMITTEE) REGULATIONS 2007
Bord na gCon, in exercise of the powers conferred on it by Sections 13 of the Greyhound Industry Act 1958 (No. 12 of 1958), as amended by Section 9 of the Horse and Greyhound Racing (Betting Charges and Levies) Act 1999 (No. 24 of 1999) and also by subsection (3) of section 5 of said 1958 Act, hereby makes the following regulations, that is to say:-
	Definitions.	1. In these Regulations, the following words and expressions have the meanings hereby assigned to them, that is to say:-
“the Act” means the Greyhound Industry Act, 1958 (No. 12 of 1958);
“the Board” means Bord na gCon, established under the Act.
“authorised officer” means a person appointed in writing by the Board to be an authorised officer for the purposes of the Act.
“control steward” means a steward appointed under permit from the Board to fulfil the duties of an authorised officer under the Act.
“racing regulations” means the Greyhound Industry (Racing) Regulations, 2007 (No. of 2007);
“stewards of the meeting” means the control steward and the stewards appointed by a race track executive, with the approval of the Board, to carry out such duties as may be assigned to them;
“stipendiary steward” means a steward appointed by the Board to supervise the conduct of greyhound racing and the performance of duties by duly authorised officials and stewards.
	Citation and Commencement.	2. (1) These Regulations may be cited as the Greyhound Industry (Control Committee and Control Appeal Committee) Regulations 2007.
(2) These Regulations shall come into operation on the day of June 2007.
	Dissolution of existing Control Committee.	3. On the said day of June 2007, the existing Control Committee established under Article 3 of the Greyhound Race Track (Racing) Regulations 1993 (S.I. No. 158 of 1993) shall stand dissolved.
	Establishment of Control Committee.	4. There shall be established on the day of 2007 by virtue of this Article a committee of the Board to be styled and known as the Control Committee to fulfil the functions assigned to it by these Regulations. The Control Committee shall have full authority in respect of all matters that on the said date are within the remit of the existing Control Committee referred to in Article 3.
	Membership of Control Committee.	5. (1) The following provisions regarding membership shall apply to the Control Committee:-
(i) the Control Committee shall consist of five members who shall be appointed by the Board.
(ii) no member of the Control Committee shall be a member of the Board, an officer or employee of the Board or a person holding a permit from the Board to perform specified functions at a racetrack.
(iii) at least one practising solicitor or practising barrister and at least one veterinarian shall be appointed to the Control Committee from time to time.
(iv) a member of the Control Committee may at any time resign his membership by letter addressed to the Board, and the resignation shall take effect on the date of receipt of the letter.
(v) the term of office of members of the Control Committee shall be three years but retiring members shall be eligible for reappointment.
(vi) a member of the Control Committee shall, unless he sooner dies, retires or otherwise ceases to be a member, hold office as such member until the expiration of his or her term of office.
(2) A member of the Control Committee shall cease to be a member:-
(i) on being adjudicated bankrupt;
(ii) on making a composition or arrangement with creditors;
(iii) on being sentenced to imprisonment on conviction on indictment;
(iv) on ceasing to be ordinarily resident in the State;
(v) if on appointment he or she was a person to whom Article 5(1)(iii) above applied ceasing to be such a person;
(vi) if removed by the Board pursuant to section 13 (7) of the Act.
(3) Members of the Control Committee shall be prohibited from having any beneficial interest in the ownership, control or operation of greyhound race tracks, the holding or conduct of public sales of greyhounds or the training of greyhounds for reward or in bookmaking.
(4) Members of the Control Committee shall be paid by the Board such remuneration and allowances for expenses as the Board may determine after consultation with the Minister and with the consent of the Minister for Finance.
(5) An officer of the Board authorised by the Board to act in that capacity shall be secretary of the Control Committee.
	Functions of Control Committee.	6. (1) The Control Committee shall have the following functions:
(i) to investigate and make a decision on any matter notified, reported or otherwise in anyway brought to the attention of the Control Committee by the stewards of a meeting, a control steward, a stipendiary steward or an authorised officer of the Board under the racing regulations;
(ii) without prejudice to the generality of Article 6(1)(i), to determine complaints against officials appointed by the Board pursuant to Article 22(1) of the racing regulations made under Article 22(3) of said regulations;
(iii) without prejudice to the generality of Article 6(1)(i), to determine appeals against any action taken by the stewards of a meeting pursuant to Article 30 of the racing regulations under Article 31(1) of said regulations;
(iv) without prejudice to any other provision of this Article 6(1), to do any act or thing which the racing regulations provide may be done by it including any act or thing pursuant to Article 29(4) and (8) (Taking of Samples) and Article 32 (Bribes and Corrupt Practices) of the racing regulations;
(v) without prejudice to any other provision of this Article 6(1), to determine or otherwise do any act or thing that is required to be determined or done by it pursuant to the racing regulations;
(vi) to investigate or otherwise determine any matter referred to it by the Board in such manner it deems fit.
(2)The Control Committee shall have full authority to exercise the powers of the Board under sections 43, 45 and 47 of the Act for the purposes of the fulfilment of its functions,
(3) Acts of the Control Committee under these Sections and Regulations shall not be subject to confirmation by the Board.
	Meetings of Control Committee.	7. (1) The Control Committee shall hold such and so many meetings as may be necessary for the effective performance of its functions.
(2) At a meeting of the Control Committee:-
(i) the quorum shall be three;
(ii) the chairperson shall, if present, be chairperson of the meeting;
(iii) if and so long as the chairperson is not present or the office of chairperson is vacant, the members present shall appoint one of their number to be chairperson of the meeting;
(iv) every question shall be determined by a majority of the votes of the members present and voting on the question; and
(v) if there is an equal division of votes, the chairperson of the meeting shall have a second or casting vote.
(3) The Control Committee may continue to act notwithstanding one or more than one vacancy in its membership. Where a vacancy occurs, the Board shall take steps to fill the vacancy as soon as practicable.
(4) Subject to these Regulations, the Control Committee may regulate by standing orders or otherwise the procedure and business of the Committee.
(5) All documents, reports, appeals or communications of any sort to be sent to the Control Committee shall be addressed to the Secretary of the Committee at the office of the Board.
	Meeting Procedures.	8. (1) Where the Control Committee is dealing with any matter, it shall inform any person who might be affected by their decision of their intention to enquire into such matter and afford such person the opportunity of making such representations whether in writing or orally to them, as may be appropriate, such persons having being informed of the matters being dealt with by the Control Committee.
(2) Where any matter being enquired into by the Control Committee may result in a sanction of any kind being imposed upon any person or the taking of any disciplinary action, then the person against whom such sanction or disciplinary action may be imposed shall be informed of the matter the subject of the enquiry, the allegations being made against him and the date and time and venue of any hearing the Control Committee may hold in the matter.
(3) Any person against whom disciplinary action is contemplated shall have the right to appear at any hearing held by the Control Committee and shall have the right to representation at his or her own cost where any sanction is being contemplated against him or her.
(4) The Control Committee shall make known their decision on any matter to the person affected thereby either:-
(i) at the conclusion of the hearing or investigation; or
(ii) by letter sent within 14 days after the conclusion of such hearing to such...