Greyhound Racing Act 2019

Cited as:IR No. 15/2019
Jurisdiction:Ireland


Greyhound Racing Act 2019

2019 15

An Act to amend and extend the Greyhound Industry Acts 1958 and 1993, the Welfare of Greyhounds Act 2011, the Animal Health and Welfare Act 2013; to change the name of Bord na gCon and to provide for related matters.

[28 May 2019]

Be it enacted by the Oireachtas as follows:

1 Preliminary and general

PART 1

Preliminary and general

S-1 Short title, collective citation, construction and commencement

1 Short title, collective citation, construction and commencement

(1) This Act may be cited as the Greyhound Racing Act 2019.

(2) The Greyhound Industry Acts 1958 and 1993, sections 8 to 13 of the Act of 1999, sections 14 and 16 and sections 15 and 17 (in so far as they relate to the Board) of the Horse and Greyhound Racing Act 2001, section 15 of the Horse Racing Ireland Act 2016 and this Act (other than Parts 10 and 11) may be cited together as the Greyhound Racing Acts 1958 to 2019 and shall be read together as one.

(3) The Welfare of Greyhounds Act 2011 and Part 10 may be cited together as the Welfare of Greyhounds Acts 2011and 2019.

(4) The Animal Health and Welfare Act 2013 and Part 11 may be cited together as the Animal Health and Welfare Acts 2013 and 2019.

(5) This Act (other than Parts 10 and 11) comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

S-2 Definitions

2 Definitions

2. In this Act—

“Act of 1999” means Horse and Greyhound Racing (Betting Charges and Levies) Act 1999;

“administrative racing sanction” means a sanction which may be imposed undersection 46(1) for a breach of the Racing code;

“Appeal Committee” means Appeal Committee established under section 50 of the Principal Act;

“authorised officer” means a person appointed by the Board to be an authorised officer of the Board undersection 35 or under the Principal Act;

“Board” means Rásaíocht Con Éireann;

“Club” means Irish Coursing Club;

“Code of Practice for the Governance of State Bodies” means the Code of Practice for the Governance of State Bodies as published by the Minister for Public Expenditure and Reform;

“Control Committee” means Greyhound Racing Control Committee established undersection 44;

“disqualification order” means a disqualification order read in accordance withsection 47 and imposed as an administrative racing sanction provided under section 46(1)(b)(i);

“doping” in relation to a greyhound, means the administration to the greyhound of a substance;

“exclusion order” means an exclusion order read in accordance withsection 48 and imposed as an administrative racing sanction provided under section 46(1)(b)(ii);

“greyhound” means a dog (including a bitch) entered in the Irish Greyhound Stud Book or the equivalent stud book of a foreign jurisdiction or the pup of a greyhound dog and greyhound bitch so entered;

“investigating officer” means a person appointed to conduct an investigation for the purposes ofsection 42;

“Irish Greyhound Stud Book” means the stud book in which thoroughbred greyhounds are registered and identified under the Constitution of the Club;

“Minister” means Minister for Agriculture, Food and the Marine;

“Principal Act” means Greyhound Industry Act 1958;

“Racing code” means the governance and regulation of greyhound racing and the greyhound industry under theGreyhound Racing Acts 1958 to 2019;

“racing sanction” means an administrative racing sanction or a sanction payment;

“sanction breach” means, in relation to a breach of the Racing code, a breach, stated in regulations to be a racing sanction provision, for which a racing sanction may be imposed by the Control Committee undersection 46 or the Appeal Committee under section 49;

“sanction payment” means a payment required to be paid undersection 46(2);

“Scientific Advisory Committee” means a committee established under section 13 of the Principal Act to advise the Board in relation to matters for which regulations may be made undersection 27 and, in particular, the doping and medication control of greyhounds;

“subsidiary” means a company established by the Board under section 18B (inserted by section 10 of the Act of 1999) of the Principal Act;

“substance” means any matter irrespective of origin, whether such matter is of—

(a) human origin (including human blood and human blood products),

(b) animal origin (including micro-organisms, whole or parts of animals, parts of organs and animal secretions, toxins, antitoxins, sera, antisera, extracts and blood products),

(c) vegetable origin (including micro-organisms, plants, parts of plants and vegetable secretions or extracts),

(d) chemical origin (including elements, naturally occurring chemical materials and chemical products obtained by chemical change or synthesis), or

(e) any combination of the foregoing,

which if introduced into a greyhound would affect the performance of a greyhound, to bring about either performance enhancement or performance impairment;

“substances regulations” means regulations made undersection 27(1) in respect of a matter referred to in paragraph (a), (c) or (e) of that subsection;

“veterinary practitioner” means a veterinary practitioner within the meaning of the Veterinary Practice Act 2005.

S-3 Amendment of section 2 of Principal Act (interpretation)

3 Amendment of section 2 of Principal Act (interpretation)

3. Section 2 of the Principal Act is amended in subsection (1) by—

(a) substituting for the definition of “the Board” the following:

“ ‘Board’ means Rásaíocht Con Éireann;”,

and

(b) substituting for the definition of “the Minister” the following:

“ ‘Minister’ means Minister for Agriculture, Food and the Marine;”.

S-4 Notifications, notices and documents

4 Notifications, notices and documents

(1) Where a notification, a notice or document under the Greyhound Racing Acts 1958 to 2019 is required to be given to or served on a person it shall be addressed to the person and shall be given to or served on the person—

(a)

by delivering it to the person or in the case of a partnership by delivering it to any of the partners,

(b)

by leaving it at the address at which the person ordinarily resides or carries on business,

(c)

by sending it by post in a pre-paid registered letter addressed to the person at the address at which the person ordinarily resides or carries on business,

(d)

if an address for the service of the notification, notice or document has been furnished by the person, by leaving it at, or sending it by pre-paid registered post addressed to the person to, that address, or

(e)

by sending it by means of electronic mail to a device or facility for the reception of electronic mail where such an electronic mail address has been furnished by the person, but only if the sender’s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail confirming successful transmission of the notification, notice or document.

(2) For the purposes of subsection (1), a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act is considered to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is considered to be ordinarily resident at its principal office or place of business.

(3) A copy of a notification, notice or document, which has endorsed on it a certificate by an authorised officer or a welfare officer (appointed under section 7 of the Welfare of Greyhounds Act 2011), as the case may be, stating that the copy is a true copy of the notification, notice or document may, without proof of signature of that person, be produced in every court or before the Control Committee or Appeal Committee and is evidence, unless the contrary is shown, of the notification, notice or document.

(4) Section 53 of the Principal Act is repealed.

S-5 Regulations

5 Regulations

(1) Where the Board proposes to make regulations under this Act, it shall publish—

(a)

a draft of the proposed regulations, and

(b)

a notice of the proposed regulations in one or more newspapers or journals relating mainly or partly to greyhound racing or the greyhound industry published in and circulating within the State,

stating that representations may be made in writing to the Board before a specified date (which shall not be less than 21 days from the date of publication).

(2) The Board shall consider any representations made under subsection (1).

(3) The Board having considered under subsection (2) any representations made under subsection (1), regarding regulations it proposes to make under this Act, may make the regulations, with or without modification.

(4) Where regulations are made by the Board under this Act, the Board shall publish on its website—

(a)

a copy of the regulations or a notice of their making with a description of them, and

(b)

reference to the statutory instrument number assigned to them.

(5) The validity of any regulations made under this Act is not affected by any non-compliance with subsection (1) or (4).

(6) Every regulation made by the Board under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation is annulled accordingly, but without prejudice to the validity of anything previously done under it.

S-6 Prosecution of offences

6 Prosecution of offences

(1) An offence under the Greyhound Racing Acts 1958 to 2019 may be prosecuted summarily by the Board.

(2) Subsection (1) of section 52 of the Principal Act is repealed.

S-7 Revocations

7 Revocations

(1) The following are revoked:

(a)

the Greyhound Industry (Control Committee and Control Appeal Committee) Regulations 2007 (S.I. No. 301 of 2007);

(b)

the Greyhound Industry...

To continue reading

Request your trial