Number 46 of 2001

HORSE RACING IRELAND (MEMBERSHIP) ACT, 2001

ARRANGEMENT OF SECTIONS

Number 46 of 2001

HORSE RACING IRELAND (MEMBERSHIP) ACT, 2001

AN ACT TO MAKE PROVISION IN RESPECT OF THE MEMBERSHIP OF HORSE RACING IRELAND AND TO PROVIDE FOR CONNECTED MATTERS.

[18th December, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Membership of Horse Racing Ireland.

1.—(1) The Schedule to the Irish Horseracing Industry Act, 1994 (as amended by the Act of 2001) is amended—

(a) by substituting for paragraph 2 the following paragraph:

“2. HRI shall consist of a chairman and 13 ordinary members who shall be appointed by the Minister, in accordance with paragraph 7, having regard to creating a balance among the different interests in the horseracing industry.”,

(b) by substituting for paragraph 7 the following paragraph:

“7. (1) Of the ordinary members of HRI—

(a) 5 shall be nominated, subject to subparagraph (5), for appointment thereto by the Racing Regulatory Body,

(b) one shall be nominated, subject to subparagraph (5), for appointment thereto from each of the following interests—

(i) authorised racecourses,

(ii) racehorse owners,

(iii) racehorse trainers,

(iv) racehorse breeders, and

(v) authorised bookmakers,

by such persons as the Minister considers to be representative of those interests,

(c) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of persons employed in the horseracing industry,

(d) one shall be appointed, as the Minister decides, from persons employed directly in the horseracing industry, and

(e) one shall be appointed, as the Minister decides, from persons or representatives of persons in the horseracing industry in Northern Ireland, after consultation with such persons as the Minister considers appropriate.

(2) Subject to subparagraphs (3) and (4), a person nominated under subparagraph (1)(a) or (b) shall be elected at a general meeting of, in the case of a person nominated under subparagraph (1)(a), the Racing Regulatory Body or, in the case of a person nominated under subparagraph (1)(b), the interest concerned, specially convened for that purpose, upon adequate notice being given of the meeting by the Racing Regulatory Body or the interest concerned, as the case may be.

(3) In the event of a dispute in respect of any aspect of the method of election to be carried out under subparagraph (2), the Minister shall decide the method.

(4) The Minister may, as he or she considers appropriate, decide on or approve alternative arrangements for the election of persons to be nominated under subparagraph (1)(a) and (b) to that specified in subparagraph (2) where the need arises.

(5) Where the Racing Regulatory Body or any persons referred to in subparagraph (1)(b) or (c) fail to make a nomination by such date as the Minister may require for nominations to be given to him or her under subparagraph (1)(a), (b) and (c), the Minister may appoint such person, in the absence of the nomination, as he or she decides.

(6) Nominations under subparagraph (1)(a), (b) and (c) and appointments under subparagraph (1)(d) and (e) shall, in so far as is practicable and having regard to relevant experience, create an equitable balance between men and women.”,

(c) by substituting for paragraph 9 the following paragraph:

“9. (1) The term of office of the chairman shall be 5 years.

(2) Subject to this paragraph, the term of office of an ordinary member of HRI shall be 4 years.

(3) On the first, second and third anniversaries of the establishment of HRI, 3 of the ordinary members of HRI shall retire from office on each of those anniversaries.

(4) The members to retire under subparagraph (3) in any year shall be those who have been longest in office since their last appointment, and where there are members whose appointment was made on the same day and who are obliged to retire under that subparagraph, the members to retire shall, unless such members otherwise agree amongst themselves, be determined by the Minister by lot.

(5) A member of HRI shall not serve for more than 2 consecutive terms.”,

and

(d) after paragraph 11, by inserting the following paragraph:

“11A. Where a member of HRI, whose term of office has expired, has not been re-appointed or may not be re-appointed by virtue of having served 2 consecutive terms, the member shall continue in office until the vacancy, occasioned by him or her, is filled by the appointment of another.”.

(2) Paragraph 16 of the Schedule to the Act of 2001 is repealed.

(3) Subsection (1) of this section comes into operation on the establishment day (within the meaning of the Act of 2001).

(4) In this section “Act of 2001” means Horse and Greyhound Racing Act, 2001.

Short title.

2.—This Act may be cited as the Horse Racing Ireland (Membership) Act, 2001 .