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Cap. 619 · Equestrimalta Act (Cap. 619)

Cap. 619 Art. 2Interpretation. Act No. XLIX of 2020.  Cap. 490.

In KraftAmtlicher Text

(1) In this Act, unless the context otherwise requires -

"the Act" means the EquestriMalta Act, 2020 and includes any regulations made, and rules and guidelines issued thereunder;

"approved meeting" means a meeting at which races are held with the approval of the Board and does not include trial races; "approved racecourse" means any ground used for the purpose of a racecourse for racing with horses, and in respect of Marsa Horse Racing shall also refer to any ground adjacent thereto, in respect of which ground or adjacent ground, there is a certificate of approval issued by the Authority and published in the Gazette;

"approved racing activity" means a registered horse race as defined in the Act;

"Authority" means EquestriMalta established by article 5 and any references in this Act or any other law to the Authority shall, unless the context otherwise requires, be construed as including a reference to any person authorised by the Authority to act for or on its behalf;

"authorisation" shall include all forms of recognition as defined in this article;

"Board" means the Board of Governors of the Authority composed of the Chairperson and members appointed in accordance with article 5(2);

"Chairperson" means the Chairperson of the Authority as appointed in accordance with article 5;

"decision" includes any directive, determination, direction, condition, measure, requirement or specification, howsoever described, made by the Authority;

"Deputy Chairperson" means the Deputy Chairperson or any other person appointed to act as a Deputy Chairperson in the circumstances mentioned in article 5(3);

"directive" means a directive issued by the Authority in terms of article 6;

"driver" means a person who holds recognition from the Authority and is on a racetrack or a registered or unregistered racing track for the purposes of driving horse for Harness Racing. A driver also means a person competing in a race from the time that the driver first sits in the sulky of the horse for parading the horse for the race until the reins are taken by a trainer or the trainer’s agent following the finish of a race;

"HOADA" means the Horse Owners and Drivers Association, approved by EquestriMalta;

"jockey" means a person who holds recognition from the Authority and is on a racetrack or a registered or unregistered racing track for the purposes of driving horse for Thoroughbred Racing. A jockey also means a person competing in a race from the time that the jockey first sits in the saddle of the horse for parading the horse for the race until the reins are taken by a trainer or the trainer’s agent following the finish of a race;

"licence" means a permit granted by the Authority to owners, drivers, handlers, trainers, members and horses;

"licence holder" means a person who holds a permit issued in terms of this Act;

"Member State" means a Member State of the European Union;

"Minister" means the Minister responsible for sports;

"operator" means any legal entity which holds a permit or licence from the Authority to operate and manage an approved racecourse;

"racing clubs" means any organisation recognised by the Authority which represents racing clubs or other related bodies which promote or conduct races or approved meetings.

"recognised association, federation or club" means an association, federation or club that administers a sporting discipline that involves the use of horses, and is registered as such with the Government entity responsible for the register for sports persons;

"recognition" means the formal recognition by the Authority which is sought with reference to the suitability of licence holders and others involved in racing to continue to be licensed for the relevant year and which the Authority is entitled to grant through or by the provision, issuance, validation, confirmation, certification or otherwise in writing to an applicant and includes any licence, permission, authorisation, approval, confirmation, certification by or registration with the Authority in terms of any special law which the Authority is entitled to administer or enforce and the terms ''authorisation'' or ''authorisation holder'' in the provisions of this Act shall be construed as a reference to the relevant form of recognition, or the holder thereof, as the case may be;

"trainer" means a person holding a licence granted under these rules to train a horse or who does other things which are only done or usually done by trainers;

"Tribunal" means the Administrative Review Tribunal established by article 5 of the Administrative Justice Act.

(2) The Minister, acting on the advice of the Authority, may by regulations, and the Authority, with the consent of the Minister, may by guidelines clarify any definition in sub-article (1) or provide additional definitions in support of the definitions in sub-article (1).

(3) In this Act and in any regulations, directives or guidelines made thereunder, if there is any conflict between the English and Maltese texts, the English text shall prevail.

Part II Guiding Principles