Cap. 619 Art. 6Purpose, functions and powers of the Authority.

(1) It shall be the purpose of the Authority to achieve the principles and objectives outlined in Part II entitled "Guiding

Principles".

(2) It shall also be the duty of the Authority to exercise such supervisory and regulatory functions in horse racing and related sport activity as may from time to time be assigned to the Authority by any special law.

(3) The Authority shall, without prejudice to any other power or function conferred upon it by this Act or any other law, and in accordance with any laws which may be applicable to it, be responsible to:

(a) establish procedures for the registration of horses to participate in approved meetings;

(b) keep an up to date register of horses that may participate in approved meetings;

(c) coordinate and formulate a programme of approved meetings in collaboration with the operator;

(d) publish the annual fixture list and associated programme details of approved meetings in collaboration with the operator;

(e) determine the prize monies for each race in an approved meeting in collaboration and in agreement with the operator;

(f) administer races, and to appoint stewards and judges and make regulations relating to the conduct for horse racing on an approved racecourse;

(g) determine the entrance fees for the attendance of the general public for approved meetings as it may establish from time to time;

(h) approve applications for the issuance of all applicable permits and licences in terms of this Act;

(i) determine and collect all applicable permits and licence fees due as it may establish from time to time;

(j) carry out all such things as may be necessary to protect the integrity of the sport, including but not limited to doping control and the appropriate treatment of horses and by making and continually updating the regulations related to the governance and ethics of racing;

(k) deal, through disciplinary committees appointed under article 11 of this Act, with cases of misconduct and other disciplinary proceedings in respect of licence or permit holders including cases leading to the suspension or withdrawal of any licence or permit issued under this Act. This includes the Authority’s power to initiate and conduct investigations in relation to permit and licence holders and the right of the Authority to take appropriate action, wherever necessary;

(l) maintain, update and enforce the list of approved horse racing activities established in this Act;

(m) operate an appropriate system of quality assurance and to uphold the integrity of the sports and in particular operators in adherence to this Act;

(n) inform any authority that it deems appropriate of any sanctions or restrictions imposed by it or of any other matters which the Board considers necessary to protect the public interest, in respect of any licence holder;

(o) carry out all such things as may be necessary to meet the obligations arising from the Mutual Recognition of Permits and Licences in other countries;

(p) cooperate with other competent authorities;

(q) publish guidelines on the interpretation of this Act and the regulations and directives issued thereunder;

(r) take such measures as may be reasonably necessary to protect the public interest and the integrity of the sports racing activity including the placing of restrictions, the imposition of fines and other similar measures on licence or permit holders; and

(s) advise, or make recommendations or otherwise express its views to the Minister on any matter on which the Minister is to consult with the Board or on which the Board is to make recommendations to the Minister or on which the views of the Board are sought by the Minister:

Provided that it shall be the responsibility of the operator to distribute prize monies and to receive and process racing entries at approved meetings:

Provided further that if there is disagreement between the Authority and the operator regarding paragraphs (c), (d) and (e) above, the Authority shall give its decision which decision may be appealed by the operator in terms of the Act.

(4) It shall be the duty of the Authority to carry out its functions as established by or under this Act or any other law in an impartial, transparent and timely manner and to ensure compliance therewith. Without prejudice to the generality of the foregoing, it shall also be the duty of the Authority to ensure that, to the extent they are so bound, persons comply with this Act and with any other special law which the Authority is entitled to administer or enforce, and with any decisions issued by or under this Act or any such other special law.

(5) The Authority shall also have such other functions, responsibilities and powers as are set out by or under this Act or as may be assigned to it by or under any other law from time to time including all such powers as are necessary for or incidental to the performance of its functions by or under this Act or any other law.

(6) The Authority shall in the carrying out of its functions seek to ensure that the measures taken are proportionate having regard also to the objectives of the Authority and the aims which such measures are intended to achieve.