Title 28 Laws of Bermuda Item 20

BERMUDA

1964 : 196

RACING (CONTROL COMMISSION) ACT 1964

ARRANGEMENT OF SECTIONS

1 Interpretation

2 Racing Control Commission established

3 Constitution of Racing Control Commission

4 Staff

5 Governor to act on advice of Premier

6 Functions of Racing Control Commission

7 Racing Control Commission may make regulations

8 Parliamentary scrutiny

9 Maximum punishment under regulations

10 Summary prosecution of offences under regulations

[5 August 1964] [preamble and words of enactment omitted]

Interpretation

1 In this Act— "motor racing" means racing between motor vehicles; "motor vehicle" means any vehicle of whatsoever description which is propelled by mechanical power; and "racing" means horse racing or motor racing for public entertainment.

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Racing Control Commission established

2 For the purposes of this Act there shall be established a body of persons to be called the Racing Control Commission, who shall have the powers and duties conferred or imposed upon them by or under any law.

3. Constitution of Racing Control Commission

(1) The Racing Control Commission shall consist of a Chairman and such other members, not being less than three or more than five, appointed by the Governor, all of whom shall hold office during the Governor's pleasure.

(2) The Racing Control Commission shall be a body corporate with exclusive right to use the name "The Racing Control Commission" in Bermuda, and shall have perpetual succession under that name, with power to sue and liability to be sued in their corporate capacity by that name in all courts, and shall have power to use a common seal which may be renewed or varied at pleasure.

(3) The Racing Control Commission shall have power to regulate their own procedure.

(4) Fees shall be paid to members of the Racing Control Commission in accordance with the Government Authorities (Fees) Act

1971 [title 14 item 6].

Staff

4 The Governor may appoint such number of officers, and the Racing Control Commission may appoint such other servants, as appear necessary for the proper exercise of their functions and discharge of their duties.

Governor to act on advice of Premier

5 In the exercise of his powers under sections 3 and 4 the Governor shall act on the advice of the Premier.

6. Functions of Racing Control Commission

(1) The Racing Control Commission shall implement any law for the control of racing, any racecourse and the services ancillary thereto.

(2) Without prejudice to the generality of subsection (1), the Racing Control Commission shall exercise supervision and control over—

(a) the training of animals for racing, their entry for races and their protection from undue exploitation;

(b) licensing and use of pari mutuel facilities on a racecourse;

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(c) the stabling of animals on the racecourses and their protection from unlawful practices of any kind to influence the result of any race;

(d) the licensing of trainers, riders, drivers, stewards and persons supplying any service in connection with racing.

Racing Control Commission may make regulations

7 The Racing Control Commission may, by regulations made under this Act, provide for—

(a) the prohibition of any racing, or any kind of racing, except under the authority of a licence issued by the Racing Control Commission;

(b) the prohibition of any stabling or training of animals except under the authority of a licence issued by the Racing Control Commission;

(c) the terms and conditions subject to which any licence shall be issued, and the procedure for the application, issue and renewal of any licence;

(d) the revocation of licences and the grounds therefor;

(e) the inspection of motor vehicles and the inspection and stabling of animals before or after any race;

(f) the enquiry into any allegation of malpractice in connection with any race and the publication of the result thereof;

(g) the licensing of pari mutuel operators and any other person providing any service on the racecourse and the terms and conditions under which they may operate;

(h) the facilities and amenities to be made available to the public attending any racecourse;

(i) the days and times during which racing may take place on a racecourse and the rules governing the conduct of any race and the determination of the result;

(j) the standards of animals and motor vehicles permitted to take part in any race;

(k) the responsibility of directors, officers and servants of any company in relation to any contravention of any regulation;

(l) the fees payable in relation to any matter provided for in any regulation;

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(m) generally for the better carrying out of this Act.

Parliamentary scrutiny

8 The affirmative resolution procedure shall apply to regulations made under this section.

Maximum punishment under regulations

9 Regulations made under this Act may provide a penalty for the contravention thereof not exceeding $720 by way of fine or six months' imprisonment, or both.

Summary prosecution of offences under regulations

10 An offence against any regulation shall be tried before a court of summary jurisdiction.

[Amended by

1968 : 151

1971 : 43 1977:35 ]

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