S.I. No. 34/1963:

PUBLIC SALES OF GREYHOUNDS REGULATIONS, 1963.

PUBLIC SALES OF GREYHOUNDS REGULATIONS, 1963.

ARRANGEMENT OF ARTICLES.

Article.

1. Definitions.

2. Auctioneer.

3. Application for Auctioneers' Permit.

4. Conditions attaching to Permits.

5. Grant of Permits.

6. Fees for Permits.

7. Production of Permits on demand.

8. Revocation and surrender of Permits.

9. Holding of Public Sales of greyhounds.

10. Applications for Licences.

11. Conditions attaching to Licences.

12. Grant of Licences.

13. Fees for Licences.

14. Production of Licences on demand.

15. Conditions as to acceptance of greyhounds for sale at public sales.

16. Sales Catalogue.

17. Procedure at public sales of greyhounds.

18. Duties and Powers of Control Stewards.

19. Powers of Stipendiary Stewards.

20. Taking of Samples.

21. Conditions of Sale.

22. Sales commission.

23. Duties of persons holding public sales of greyhounds.

24. Citation and commencement.

S.I. No. 34 of 1963.

PUBLIC SALES OF GREYHOUNDS REGULATIONS, 1963.

Bord na gCon, in exercise of the powers conferred on it by Section 38 of the Greyhound Industry Act, 1958 (No. 12 of 1958) and also by subsection (3) of Section 5 of the said Act, hereby makes the following regulations, that is to say :--

1. In these regulations, the following words and expressions have the meanings 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;

" greyhound " includes dog or bitch;

" race track " means a greyhound race track licensed by the Board under the Act on which greyhound races are held for reward;

" lot number " means the number assigned in the sales catalogue to a greyhound offered for sale;

" disqualified greyhound " means a greyhound named in a disqualification order made under the Act or regulations thereunder;

" suspended greyhound " means a greyhound suspended for fighting or for any other reason under regulations made under the Act;

" time of entry " means the time fixed for the closing of entries;

" reserve " means the sum named by the owner of a greyhound for public sale as the minimum for which it may be sold at such sale;

" race track executive " means the licensee under the greyhound race track licence relating to a greyhound race track;

" authorised officer " means a person appointed in writing by the Board to be an authorised officer for the purposes of the Act;

" trial " means a test run on a greyhound race track licensed by the Board in which an object propelled by mechanical means is pursued by the greyhounds taking part in the test;

" racing regulations " means the racing regulations for the time being in force under the Greyhound Industry Act, 1958 (No. 12 of 1958);

" Control Steward " means a steward appointed under permit from the Board to fulfil the duties of an authorised officer under the Act and duties assigned under the racing regulations and under these regulations;

" Stipendiary Steward " means a steward appointed by the Board to supervise the conduct of greyhound racing and of public sales of greyhounds and the performance of duties by duly authorised officials and stewards.

2. It shall not be lawful for any person to act as auctioneer at any public sales of greyhounds save under and in accordance with a permit granted by the Board at its discretion.

3. A person who proposes to act as auctioneer at any public sales of greyhounds shall make application to the Board for the grant or the renewal (as the case may be) of a permit and the application shall be made in such form or manner as the Board may direct and shall be accompanied by the appropriate fee as prescribed in Article 6 of these Regulations. In the event of an application for the grant or renewal of a permit being refused, the Board shall refund the fee paid on foot of such application.

4. (1) It shall be a condition of any permit granted under these regulations that the holder of such permit shall not have any beneficial interest in the ownership of any greyhound offered for sale at any public sales at which such person is acting as auctioneer.

(2) It shall be a condition of any permit granted under these regulations that the holder of such permit shall comply with the lawful directions of the Board under the regulations.

(3) It shall be a condition of any permit granted under these regulations that the holder of such permit shall complete and forward to the Board such records and documents as the Board may, from time to time, direct.

(4) The Board may, on the grant or renewal of a permit under these regulations, attach such other conditions as it thinks fit to the permit.

5. (1) The Board may grant or refuse to grant an application for a permit or for the renewal of a permit under these regulations.

(2) The Board may, at any time, suspend for such time as it thinks fit or revoke any permit granted under these regulations.

(3) A permit granted by the Board under these regulations shall not be transferable to any other person without the prior permission of the Board and shall be valid until 31st December next following the date of issue unless previously suspended or revoked.

6. The fee payable to the Board for the grant of a permit shall be £5 and for the renewal of a permit £2.

7. The holder of a permit granted under these regulations shall produce such permit for inspection at all reasonable times on the demand of an authorised officer of the Board (subject to production by such officer if so required of his appointment).

8. Where a person who is the holder of a permit granted under these regulations is convicted of an offence under the act or where an exclusion order made under the act applies to him, his permit may be revoked.

9. It shall not be lawful for any person to hold public sales of greyhounds save under and in accordance with a licence granted by the Board at its discretion.

10. A person who proposes to hold a public sale of greyhounds shall make application to the Board for the grant or the renewal (as the case may be) of a licence and the application shall be made in such form or manner as the Board may direct and shall in particular indicate for the Board's approval the dates and times on which it is proposed to hold such sales and the name of the auctioneer to act thereat. The application shall be accompanied by the appropriate fee as prescribed in Article 13 of these Regulations. In the event of an application for the grant or renewal of a licence being refused, the Board shall refund the fee paid on foot of such application.

11. (1) It shall be a condition of any licence granted under these regulations that the holder of such licence shall comply in all respects with the racing regulations for the time being in force and with the directions of the Board.

(2) Such books, accounts and records as may be specified by the Board as being necessary to investigate any sales transaction shall be kept by the holder of a licence granted under these regulations in such manner as may be approved by the Board.

(3) The holder of a licence granted under these regulations shall produce to a duly authorised officer of the Board such book, account or record in his/their possession or procurement and relating to his/their sales the production of which the officer requests and shall permit such officer to inspect and if he so thinks fit to take extracts from any such book, account or record. For the purpose of this Article, the holder of a licence granted under these regulations shall permit such authorised officer to enter any premises where such a book, account or record is kept at reasonable times and for the purpose aforesaid.

(4) It shall be a condition of any licence granted under these regulations that it shall not be lawful to hold public sales of greyhounds on Good Friday, Christmas Day or any Sunday or unless the Board should otherwise approve in excess of the number of sales indicated in the application to the Board for the grant or renewal of the licence.

(5) It shall be a condition of any licence granted under these regulations that the holder of the licence shall provide such reasonable accommodation and facilities for the holding of sales as the Board may prescribe.

(6) In any licence granted under these regulations, the Board may attach a condition fixing the maximum charges to be made in respect of advertising and may require the holder of the licence to submit to the Board certified returns of his/their income and expenditure in relation to advertising charges.

(7) The Board may, on the grant or renewal of a licence under these regulations, attach such other conditions as it thinks fit to the licence.

12. (1) The Board may grant or refuse to grant an application for a licence or for the renewal of a licence under these regulations.

(2) The Board may, at any time, suspend for such time as it thinks fit or revoke any licence granted under these regulations.

(3) A licence granted by the Board under these regulations shall not be transferable to any other person and shall be valid until 31st December next following the date of issue unless previously suspended or revoked.

13. The fee payable to the Board for the grant of a licence shall be £5 and for the renewal of a licence £2.

14. The holder of a licence granted under these regulations shall produce such licence for inspection at all reasonable times on the demand of an authorised officer of the Board (subject to production by such officer, if so required, of his appointment).

15. (1) Entries of greyhounds at public sales shall be made on an entry form (in these regulations called the prescribed entry form), which shall be signed by the registered owner of the greyhound or his authorised agent and shall be in the form set out in the Appendix.

(2) In addition to such other information as may be required to be given on the prescribed entry form, the person making the entry shall state on the entry form the particulars required for the printing of the sales catalogue, as provided for in Article 16, and the distance over which it is intended to run the greyhound in the sales trial, indicating whether that trial is to be on the flat or over hurdles and shall state if the greyhound has the words " suspended for fighting " marked on its identity card and if the greyhound has run a trial or race in any other country.

(3) The maximum entry fee to be charged for the entry of a greyhound for sale at a public sale shall be 10/- (ten shillings).

(4) Every person who enters a greyhound for sale or purchases a greyhound at a public sale of greyhounds shall be deemed to have express notice of these regulations and of the racing regulations for the time being in force and to have agreed to be bound by them and by the conditions of sale.

16. (1) Every person holding public sales of greyhounds shall publish a sales catalogue or catalogues of a type approved by the Board in respect of every sale held and shall state thereon that the sales are held under these regulations. The particulars shown on the sales catalogue or catalogues shall include the following :--

(a) the registered names and description of the greyhounds entered, the month and year of whelping and the names of their sires and dams,

(b) the names of the registered owners of the greyhounds entered and the lot number of each greyhound, and

(c) where possible in respect of each greyhound entered not less than two lines of form which shall include the greyhound's best ever performance and his most recent performance at time of entry.

(2) Where a greyhound having the words " suspended for fighting " marked on its identity card is offered for sale, a notice to that effect shall, where possible, appear on the sales catalogue and the fact shall be publicly announced.

(3) Where a greyhound which has run in any other country is offered for sale, a notice to that effect shall appear on the sales catalogue and the fact shall be publicly announced.

(4) The holder of a licence granted under these regulations shall be responsible for ensuring that the sales catalogue is in accordance with the prescribed entry form and for the announcement before each greyhound is offered for sale of any additional or corrected information regarding such greyhound.

(5) Wherever the name under which a greyhound has been registered and under which it has run in any country is changed or abandoned, the old name as well as the new shall be given in the sales catalogue.

17. (1) Save as provided in sub-Article (2) of this Article, every greyhound shall be required to run a trial on the day on which it is being offered for sale unless otherwise specifically approved by the Board.

(2) A greyhound which has not had at least two trials before date of sale shall not be allowed to compete in a trial on that date.

(3) Where a greyhound which is deemed to have fought in a trial run on date of sale is offered for sale, an announcement to that effect shall be made. The identity card of the greyhound in question shall be impounded until such time as the greyhound is reinstated or permanently disqualified.

(4) Trials run on date of sale shall be recorded in the identity cards of the participating greyhounds.

(5) Trials run on date of sale shall be timed by a ray-timing apparatus or by such other timing apparatus as may be approved by the Board. The numbers of the placed greyhounds and also the winning distances shall be publicly announced. The times recorded by the greyhounds winning the trials shall be publicly announced or displayed.

(6) Not more than five greyhounds shall compete in a trial run on date of sale.

(7) In a trial run on date of sale, the greyhound with the lowest lot number in the sales catalogue shall start from the inside trap, and so on.

(8) Greyhounds shall be offered for sale in catalogue order. Where greyhounds are late for their allotted trials, they may only be tried at the conclusion of all other allotted trials and may be put up for sale either in catalogue order or when all other lots have been offered.

(9) Only greyhounds advertised on the sales catalogue or catalogues shall be offered for sale.

18. (1) There shall be at least two control stewards officiating at each public sale of greyhounds except otherwise approved by the Board. A control steward shall check the markings of each greyhound before the trial run on date of sale and shall verify the entry in respect of such trial in the greyhound's identity card by appending his signature in full.

(2) A control steward shall check the markings of each greyhound immediately before it is offered for sale.

(3) A control steward shall, as soon as possible, forward to the Board a detailed report of any occurrence at a public sale of greyhounds requiring investigation under these regulations.

(4) A control steward may, subject to the provisions of section 44 of the act, investigate any occurrence during a public sale of greyhounds at which he officiates.

19. (1) A stipendiary steward may supervise public sales of greyhounds and may investigate any occurrence brought to his notice in relation to any matter connected therewith. He shall have free access to such sales and to all records relating to the sale of any greyhound thereat.

(2) A stipendiary steward present at any public sale of greyhounds may (subject to production by him if so required of his appointment) call for an investigation of any matter in connection with the holding of such sales or the performance (including behaviour) of any greyhound at the sales.

(3) For the purpose of an investigation under this Article, a stipendiary steward may :--

(a) require any person to give to him any information which he may reasonably consider necessary, and

(b) give such directions and require such facilities as he may reasonably consider necessary (including directions and facilities as to the examination of greyhounds and the detention under specified control for any purpose of greyhounds or of documents relating thereto).

20. (1) The control steward shall have power at any time to order an examination by a Veterinary Surgeon of any greyhound entered for a public sale. If such control steward orders a sample of urine or a sample by vomition or any other means to be taken from a greyhound for analysis, such greyhound shall be kennelled at such place as he may appoint until a sample has been obtained. The owner of the greyhound concerned shall not remove the greyhound subsequent to the taking of such sample until permitted to do so by the control steward.

(2) Should the owner of the greyhound so wish, the total amount of the sample may be halved in his presence and placed in separate receptacles and securely fastened and sealed. The first sample shall then be dispatched by the control steward to an analyst approved by the Board and the second sent by the person holding the public sale to any public analyst nominated by the owner. The cost of the latter analysis shall be borne by the owner. The result of all analyses of samples taken shall be made available to the control steward who ordered the samples to be taken as well as to the owner of the greyhound concerned. A copy of the analysts' reports shall be forwarded by the control steward to the Board.

(3) Any owner or trainer or any person in charge of a greyhound or any other person who obstructs or impedes the taking of a sample by a Veterinary Surgeon under this Article of these regulations shall render himself liable to have an exclusion order made against him under the Act and in addition the Board may make a disqualification order against all greyhounds kept, owned, trained or managed by such person.

(4) A stipendiary steward or other duly authorised officer of the Board may (subject to production by him if so required of his appointment) exercise the powers conferred on the control steward by this Article.

21. The detailed conditions of sale shall be approved by the Board but such approval shall not be unreasonably withheld.

22. The maximum rate of commission to be charged at public sales of greyhounds shall be one shilling in the pound.

23. (1) The holder of a licence granted under these regulations shall ensure that :--

(a) not more than 130 lots are accepted for sale on any one day,

(b) trials run on date of sale are graded as far as possible and that greyhounds belonging to the same owner are not graded together or run in the same trial,

(c) the sales enclosure and the precincts thereof are kept and maintained in a manner approved by the Board,

(d) a marked catalogue of all transactions at the sales and where possible a list showing the names and addresses of purchasers and the appropriate purchase prices are forwarded to the Board not later than the Friday of the week following the week in which the sales were held,

(e) in respect of all lots sold on the bench, particulars as to the breeding, age and colour of the greyhound, the vendor's name, the purchaser's name and the actual price paid are released to the national daily newspapers and to the Sporting Press at the conclusion of the sales,

(f) in respect of all lots sold off the bench, an indication to that effect and particulars as to the breeding, age and colour of the greyhound, the vendor's name, the purchaser's name and the actual price paid are released to the national daily newspapers and to the Sporting Press at the conclusion of the sales, and

(g) vendors are paid within 10 days of date of sale.

24. (1) These regulations may be cited as the Public Sales of Greyhounds Regulations, 1963.

(2) These regulations shall come into operation on the first day of April, 1963.

APPENDIX.

NAME OF SALES COMPANY.

Dear Sir,

Please enter the under-mentioned greyhound for sales to be held on : .....................................

TRACK PERFORMANCES.

I enclose 10/- in respect of above entry. I warrant the particulars to be correct and I agree to be bound by the Public Sales of Greyhounds Regulations, 1963, and the Greyhound Race Track (Racing) Regulations, 1960, and by the Conditions of Sale.

LOT NO. :............... ANY OTHER LOTS BY SAME OWNER : ............

SALE OF GREYHOUNDS WILL BE HELD AT :

............................................................ ...............

............................................................ ...............

ENTRIES CLOSE ON :............................................................ ............

(Licenced by Bord na gCon under the Public Sales of Greyhounds Regulations, 1963)

GIVEN under the Seal of Bord na gCon, this 25th day of February, 1963.

(Signed) P. J. MAGUIRE,

Chairman of the Board.

(Signed) S. P. Flanagan,

Chief Officer of the Board, an officer authorised by the Board to authenticate the Board's seal.

EXPLANATORY NOTE.

These Regulations set out the detailed conditions under which public sales of greyhounds may be held and provide that persons holding such sales must hold licences from Bord na gCon.