[8 th February, 2016]
Be it enacted by the Oireachtas as follows:
Definitions
1. In this Act—
“Act of 1994” means Irish Horseracing Industry Act 1994 ;
“Act of 1999” means Horse and Greyhound Racing (Betting Charges and Levies) Act 1999 ;
“Act of 2001” means Horse and Greyhound Racing Act 2001 ;
“HRI” means Horse Racing Ireland;
“Minister” means Minister for Agriculture, Food and the Marine;
“Racing Regulatory Body” has the same meaning as in section 2(1) (as amended by section 2 ) of the Act of 1994.

Amendment of definitions in section 2 of Act of 1994
2. Section 2(1) of the Act of 1994 is amended by—
(a) inserting before the definition of “betting office” the following:
“ ‘betting intermediary’ means a person who, in the course of business, provides facilities that enable persons to make bets with persons (other than the first-mentioned person);”,
(b) substituting for the definition of “integrity services” the following:
“ ‘integrity services’ means those services operated by or on behalf of the Racing Regulatory Body for the purposes of enforcing discipline and ensuring that horses are run fairly and properly;
‘jockeys’ and ‘qualified riders’ have the same meaning as in the Rules of Racing;”,
(c) substituting for the definition of “Racing Regulatory Body” the following:
“ ‘Racing Regulatory Body’ means—
(a) the Irish Turf Club, in relation to flat racing,
(b) the Irish National Hunt Steeplechase Committee, in relation to national hunt racing, including point-to-point steeplechases, or
(c) both, in relation to horseracing generally,
and includes any limited company formed under the Companies Act 2014 by such body for the purpose of carrying out its functions under this Act;”,
and
(d) substituting for the definition of “Rules of Racing” the following:
“ ‘Rules of Racing’ means, in relation to—
(a) flat racing, the Rules of Racing as laid down by the Irish Turf Club,
(b) national hunt racing, the Irish National Hunt Steeplechase Rules as laid down by the Irish National Hunt Steeplechase Committee, and
(c) point-to-point steeplechases, the regulations for Point-to-Point Steeplechases issued by the Stewards of the Irish National Hunt Steeplechase Committee;”.

Increase of summary fine - Act of 1994
3. Section 6 of the Act of 1994 is amended—
(a) in subsection (4), by substituting for paragraph (a) the following:
“(a) on summary conviction, to a class A fine, or”,
and
(b) by deleting subsection (5).
Membership of HRI
4. (1) The following is substituted for the Schedule (as amended by the Horse Racing Ireland (Membership) Act 2001 ) to the Act of 1994:
“SCHEDULE
Section 9
Horse Racing Ireland
1. HRI shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.
2. HRI shall consist of a chairman and 13 ordinary members.
3. The chairman and ordinary members of HRI shall be appointed by the Minister having regard to creating a balance between the different interests in the horseracing industry.
4. The chairman may at any time resign his or her office by letter addressed to the Minister.
5. The Minister may at any time remove the chairman from office.
6. Subject to this Schedule, the chairman shall hold office on such terms and conditions as the Minister may determine.
7. (1) There shall be paid by HRI to the chairman such remuneration and allowances (if any) for expenses as HRI thinks fit, subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.
(2) In determining the remuneration or allowances for expenses to be paid to its chairman, HRI shall have regard to Government or nationally agreed guidelines which are for the time being extant or to Government policy concerning remuneration and conditions of employment which is so extant, and, in addition to the foregoing, HRI shall comply with any direction regarding such remuneration, allowances, terms or conditions which the Minister may give from time to time to HRI with the consent of the Minister for Public Expenditure and Reform.
8. (1) Of the ordinary members of HRI—
(a) 3 shall be nominees of the Racing Regulatory Body,
(b) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of authorised racecourses,
(c) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of racehorse breeders,
(d) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of racehorse owners,
(e) one shall be nominated for appointment thereto by such persons as the Minister considers to be representative of racehorse trainers,
(f) 2 shall be nominated for appointment thereto by the industry services committee—
(i) one of whom shall be the chairman of the committee, and
(ii) one of whom shall be a representative of stable staff,
(g) one shall be nominated for appointment thereto by the betting industry being the chairman of the betting committee, and
(h) 3 shall be chosen by the Minister for their specific skill and competencies and one of whom, at least, shall be representative of the horseracing industry in Northern Ireland.
(2) Subject to subparagraphs (3) and (4), persons nominated under subparagraph (1)(a) to (e) shall be elected at a general meeting of—
(a) in the case of a person nominated under subparagraph (1)(a), the Racing Regulatory Body, or
(b) in the case of a person nominated under subparagraph (1)(b) to (e), 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) to (e) to those specified in subparagraph (2) where the need arises.
(5) Where the Racing Regulatory Body or any persons referred to in subparagraph (1)(b) to (e) fail to make a nomination by such date as the Minister may require for nominations under subparagraph (1)(a) to (e) to be given to him or her, the Minister may appoint such person, in the absence of the nomination, as he or she decides.
(6) Nominations under subparagraph (1)(a) to (g) and appointments under subparagraph (1)(h) shall, in so far as is practicable and having regard to relevant experience, create an equitable balance between men and women.
9. Subject to this Schedule, each ordinary member of HRI shall hold office on such terms and conditions as the Minister may determine.
10. (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) A member of HRI shall not serve in any capacity for more than 2 consecutive terms.
11. (1) If a member of HRI dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of HRI to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of HRI who occasioned the casual vacancy.
(2) A person appointed to be a member of HRI by virtue of this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and shall be eligible for re-appointment as a member of HRI.
12. Subject to paragraph 10(3), a member of HRI whose term of office expires by effluxion of time shall be eligible for re-appointment as a member of HRI.
13. Where a member of HRI, whose term of office has expired, has not been reappointed or may not be reappointed 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 person.
14. The Minister may at any time remove an ordinary member of HRI from office.
15. An ordinary member of HRI may resign his or her office as a member by letter addressed to the Minister.
16. A member of HRI shall be disqualified from holding and shall cease to hold office if he or she—
(a) is adjudged bankrupt or is sentenced by a court of competent jurisdiction to a term of imprisonment,
(b) commits an offence under this Act,
(c) is disqualified from holding any licence, permit or authorisation granted under this Act, or
(d) is the subject of an exclusion notice under section 62.
17. Each ordinary member of HRI shall be paid, out of moneys at the disposal of HRI, such remuneration (if any) and allowances for expenses incurred by him or her (if any) as HRI may with the consent of the Minister and the Minister for Public Expenditure and Reform determine.
18. HRI shall hold such and so many meetings as may be necessary for the due execution of its functions.
19. The quorum for a meeting of HRI shall be 7.
20. At a meeting of HRI—
(a) the chairman shall, if present, be the chairman of the meeting, and
(b) if and so long as the chairman is not present or if the office of chairman is vacant, the members of HRI who are present shall choose one of their number to be chairman of the meeting.
21. The chairman and each ordinary member of HRI present at a meeting thereof shall have a vote.
22. Every question at a meeting of HRI shall be determined by a majority of the votes of the members present voting on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.
23. HRI may act notwithstanding one or more than one vacancy among its members.
24. Subject to this Schedule, HRI shall regulate by standing orders or otherwise the procedure and business of HRI.
25. The seal of HRI shall be authenticated by the signature of the chairman or some other member thereof authorised by HRI to act in that behalf and the signature of an officer of HRI authorised by HRI to act in that behalf.
26. Judicial notice shall be taken of the seal of HRI and every document purporting to be a regulation, directive or other instrument made by HRI and to be sealed with the seal of HRI shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.”.
(2) On the commencement of this section:
(a) 2 members of HRI representing the Racing Regulatory Body, who were such members immediately upon such commencement, shall cease to be members of HRI and the Minister shall be informed of their names by the Racing Regulatory Body. If the Racing Regulatory Body fails to so inform the Minister within 21 days of the commencement of this section, the Minister shall remove 2 members representing the Racing Regulatory Body at the Minister’s discretion;
(b) the members of HRI who were nominated by—
(i) authorised bookmakers, and
(ii) persons employed in the horseracing industry,
who were such members immediately upon such commencement shall continue to be members of HRI for 3 months from such commencement following which the chairman of the industry services committee and chairman of the betting committee shall replace those members. If the industry services committee or the betting committee fail to elect a chairman within that period of time, the Minister shall appoint a person to HRI to act for such interests until such time as a chairman is elected.

Amendment of general functions of HRI
5. (1) The following section is substituted for section 10 of the Act of 1994:
“10. (1) The general functions of HRI are—
(a) to provide for the overall administration, governance, development and promotion of the Irish horseracing industry, other than the functions of the Racing Regulatory Body set out in section 39(1), including promoting and increasing attendance at authorised racecourses;
(b) to provide a single structure for the administration and financial management of Irish horseracing.
(2) The general functions of HRI include:
(a) the processing of—
(i) all charges, including the collection of licence fees for licences to be issued, and financial sanctions imposed, by the Racing Regulatory Body, imposed on participants in the horseracing industry, other than charges in respect of certifying of hunter certificates and the acceptance of horseracing entries and declarations for point-to-point steeplechases (which shall be paid to the organisers of the point-to-point steeplechases), and
(ii) payments to participants in the horseracing industry;
(b) the provision of registry office services including the following activities—
(i) naming of horses, the issuing of horseracing passports and registration of matters relating to racehorses, including the registration of hunter certificates,
(ii) horserace entries and declarations (other than point-to-point steeplechases),
(iii) racing calendar publication,
(iv) stakeholding of race entry funds and prize money for horseraces, and
(v) registration of racehorse owners including racing colours;
(c) the management of the development and promotion of the Irish horseracing industry (including the development of authorised racecourses, the guaranteeing of the costs of integrity services and prize money);
(d) the promotion of the Irish thoroughbred horse;
(e) representing Irish horseracing internationally in respect of its functions;
(f) the provision of financial and other support, at its discretion, to—
(i) maintain and improve the health and welfare status of the thoroughbred horse, and
(ii) assist educational and other institutions and organisations in providing improved training and education facilities and courses for the thoroughbred horse industry to satisfy the training and educational needs of that industry at all levels;
(g) the provision, at its discretion, of financial support for point-to- point steeplechases;
(h) the making, at its discretion, of grants, loans or other disbursements to authorised racecourses;
(i) the allocation of race-fixtures and the setting of race-programmes (other than point-to-point steeplechases);
(j) the negotiation, in consultation with executives of authorised racecourses, of all income from media rights (within the meaning of section 10 (1) of the Horse and Greyhound Racing Act 2001 );
(k) the control of the operations of on-course authorised bookmakers;
(l) the provision, maintenance to a specification agreed by HRI with the Racing Regulatory Body, and operation of mobile track equipment, including starting stalls, photo finish and camera patrol equipment and any other such equipment agreed from time to time between HRI and the Racing Regulatory Body and the provision to the Racing Regulatory Body of photographs, films, sound recordings and other connected materials or data generated by such equipment as required by the Racing Regulatory Body for its examination and use in the enforcement of the Rules of Racing;
(m) the operation of racecourses which are owned or leased by HRI;
(n) the management of any subsidiary of HRI;
(o) the performance of any functions of the Racing Regulatory Body which may be transferred to HRI in the future by agreement of both parties and subject to the consent of the Minister.
(3) HRI shall have all such powers as are necessary for or incidental to the performance of its functions under this Part and Part IV, including the power to issue directives setting protocols and procedures to carry out its functions under subsections (1) and (2). Any such directives, protocols or procedures shall be published by HRI.
(4) HRI shall provide such information in relation to the activities mentioned in subsection (2)(a), (b), (c), (i), (k) and (l) to the Racing Regulatory Body as is necessary for the Racing Regulatory Body to fulfil its statutory functions.
(5) HRI shall consult with the Racing Regulatory Body before issuing any directive. HRI may dispense with such consultation where it considers there is an urgency to make the directive and shall inform the Racing Regulatory Body accordingly.”.
(2) The following are repealed:
(a) section 10A of the Act of 1994;
(b) section 2 of the Act of 1999;
(c) section 8 of the Act of 2001.
Committees of HRI
6. (1) The following section is substituted for section 19 of the Act of 1994:
“Race-fixtures committee
19. (1) The committee (‘race-fixtures committee’) established by HRI to recommend the fixing of the annual list of race-fixtures to HRI other than point-to-point steeplechases continues in being.
(2) The race-fixtures committee, when considering race-fixtures for a racecourse, shall, before recommending the removal of any existing fixture from that racecourse, consult with the executive of the racecourse concerned and seek to agree with such executive how such removal may be achieved having regard to the economic importance of the fixture to that racecourse, in the context of the best interests of the horseracing industry.
(3) The chairman of the race-fixtures committee shall report to HRI on the activities of the race-fixtures committee.
(4) The race-fixtures committee shall have not more than 5 members (including a chairman) and shall include at least one representative from the Racing Regulatory Body and one from authorised racecourses with such other members that HRI considers appropriate.
(5) The chairman of the race-fixtures committee shall be appointed by HRI.
(6) The membership of the race-fixtures committee shall be limited to members of HRI.
(7) A member of the race-fixtures committee who fails to perform his or her functions may be removed at any time by HRI.
(8) HRI may regulate the procedure of the race-fixtures committee.
(9) There shall be paid out of the income of HRI to members of the race- fixtures committee such allowances for expenses (if any) incurred by them in the discharge of their functions as HRI may determine with the consent of the Minister and the Minister for Public Expenditure and Reform.
(10) The secretariat and the executive functions in serving the work of the race-fixtures committee shall be provided by HRI.
(11) HRI shall not be bound by any recommendation of the race-fixture committee and the final decision as to a race-fixture shall be taken by HRI.”.
(2) The following sections are inserted after section 20 of the Act of 1994:
“Industry services committee
20A. (1) HRI shall establish a committee (‘industry services committee’) to identify and improve the requirements of those employed in the industry and represent the interests of such workers.

(2) The chairman of the industry services committee shall report to HRI on the activities of the committee.
(3) The industry services committee shall have not more than 5 members (including a chairman) who shall represent the interests of—
(a) jockeys and qualified riders,
(b) persons (other than stable staff) employed in the horseracing industry, and
(c) stable staff.
(4) HRI shall, having consulted with the industry services sector, determine the constituencies and method of election of members of the industry services committee.
(5) The industry services committee shall elect a chairman from among the committee members.
(6) The term of office of an ordinary member of the industry services committee shall be 4 years and no member shall serve for more than 2 consecutive terms.
(7) The industry services committee may include persons who are not members of HRI.
(8) A member of the industry services committee who fails to perform his or her functions may be removed at any time by HRI.
(9) There shall be paid out of the income of HRI to members of the industry services committee such allowances for expenses (if any) incurred by them in the discharge of their functions as HRI may determine with the consent of the Minister and the Minister for Public Expenditure and Reform.
(10) HRI may regulate the procedure of the industry services committee.
(11) The secretariat and the executive functions relating to the work of the industry services committee shall be provided by HRI.

Betting committee
20B. (1) HRI shall establish a committee (‘betting committee’) to identify and improve the requirements of the betting sector generally.

(2) The chairman of the betting committee shall report to HRI on the activities of the committee.
(3) The betting committee shall have no more than 5 members (including a chairman) and members shall represent the interests of—
(a) on-course betting operators,
(b) off-course betting operators, and
(c) betting intermediaries,
licensed for such activities.
(4) HRI shall, having consulted with the betting sector, determine the constituencies and method of election of members of the betting committee.
(5) The betting committee shall elect a chairman from among the committee members.
(6) The term of office of an ordinary member of the betting committee shall be 4 years and no member shall serve more than 2 consecutive terms.
(7) The betting committee may include persons who are not members of HRI.
(8) A member of the betting committee who fails to perform his or her functions may be removed at any time by HRI.
(9) There shall be paid out of the income of HRI to members of the betting committee such allowances for expenses (if any) incurred by them in the discharge of their functions as HRI may determine with the consent of the Minister and the Minister for Public Expenditure and Reform.
(10) HRI may regulate the procedure of the betting committee.
(11) The secretariat and the executive functions relating to the work of the betting committee shall be provided by HRI.”.
(3) Section 10 of the Act of 2001 is amended—
(a) by substituting for subsections (1) and (2) the following:
“(1) The committee (‘media rights committee’) established by HRI to negotiate, on behalf of HRI and all authorised racecourses, in relation to all contracts or arrangements made with any person in relation to the transmission or relaying of any broadcast (within the meaning of the Broadcasting Act 2009 ) or the photographing, filming or sound recording for commercial purposes (‘media rights’) of a race-fixture or part of a race-fixture continues in being.

(2) Subject to subsections (3) and (4), the media rights committee shall consist of not more than 5 members appointed by HRI and may include members who are not members of HRI.”.
(b) by inserting after subsection (4) the following:
“(4A) A contract or arrangement referred to in subsection (1) shall not be made by the media rights committee without the agreement of the board of HRI and representatives of executives of authorised racecourses.”,
and
(c) by deleting subsections (9) and (10).
Prize money
7. The following section is substituted for section 26 of the Act of 1994:
“26. (1) HRI shall, in respect of each horserace at a race-fixture at an authorised racecourse, approve the amount and form of any prize offered and, where the prize is in monetary form, make such deductions, as it sees fit, from the prize money in accordance with a directive of HRI under section 10(3).

(2) HRI shall not alter a directive referred to in subsection (1) affecting trusts or charitable funds extant on the commencement of section 7 of the Horse Racing Ireland Act 2016, however so administered without the agreement of the person administering the trust or the fund.”.

Compliance by HRI with State Bodies Code of Practice, etc.
8. The following section is inserted after section 29 of the Act of 1994:
“29A. (1) HRI (or a subsidiary of HRI) shall, whenever so requested by the Minister, furnish to him or her, information in relation to such matters as he or she may specify concerning, or relating to, the scope of its activities (including its compliance with the Code of Practice for the Governance of State Bodies issued by the Minister for Public Expenditure and Reform or other such codes or policy documents that may issue from time to time by a member of the Government), or its strategy, generally or in respect of any account prepared by HRI or any report specified in section 29(1) or the policy and activities, other than day to day activities, of HRI.

(2) The Minister may give a direction to HRI in relation to its compliance with a code or policy document referred to in subsection (1).
(3) The Minister may require HRI and the Racing Regulatory Body to agree procedures to ensure compliance with Government codes of practice, guidelines and policy documents and provision of financial and other information in relation to any matter funded by HRI.”.

Liability for foal levy
9. Section 38A (inserted by section 5 of the Act of 1999) of the Act of 1994 is amended by substituting for subsection (2) the following:
“(2) Levy shall be paid by the owner or keeper (acting as an agent of the owner) of a thoroughbred foal born in the State in advance of registering the foal in a stud-book in the State.

(2A) A person who maintains a stud-book may refuse to register a foal until the owner or keeper (acting as an agent of the owner) of the foal is able to provide proof that levy has been paid.”.

Companies of HRI
10. Section 36 of the Act of 1994 is amended by substituting for subsection (1) the following:
“(1) HRI may, either by itself or with another person, with the consent of the Minister and the Minister for Public Expenditure and Reform, and subject to any conditions of either of those Ministers, establish or take part in the establishment of a company to perform any of the functions conferred upon it by this Act.”.

Rules of Racing
11. (1) Section 39 (as amended by section 7 of the Act of 2001) of the Act of 1994 is amended by substituting for subsection (1) the following:
“(1) The Racing Regulatory Body continues in being and the general functions of that Body shall, for the purposes of this Act, be—
(a) to be solely and independently responsible for the making and enforcing of the Rules of Racing,
(b) to provide adequate integrity services to horseracing,
(c) to ensure the provision of on-course integrity services by employing, monitoring and controlling the activities of horseracing officials, including the following—
(i) inspectors of courses,
(ii) clerks of the courses,
(iii) clerks of scales,
(iv) handicappers,
(v) starters,
(vi) judges,
(vii) veterinary officers,
(viii) medical officers,
(ix) security officers,
(x) stewards’ secretaries,
(xi) veterinary assistants, and
(xii) senior racing officials,
(d) upon payment to HRI of the appropriate licence fee, to license racecourses, under the Rules of Racing and all participants in racing, including all classes of trainers, jockeys, jockeys’ valets, jockeys’ agents and stablestaff,
(e) to set charges for licences, registration of hunter certificates and participation in point-to-point steeplechases, in consultation with HRI, and in so doing to have regard to the annual budget agreed under section 42,
(f) to make all decisions relating to doping control, forensics and handicapping in respect of horseracing,
(g) to be responsible for the representation of Irish horseracing internationally in respect of its functions under this Act,
(h) to develop codes of practice and assurance schemes for matters within its functions under this Act, and
(i) to maintain the existing nature of point-to-point steeplechases, including making and enforcing the Irish National Hunt Steeplechase Regulations for point-to-point steeplechase as made by the Stewards of the Irish National Hunt Steeplechase Committee).”.
(2) Section 42 (as amended by section 7 of the Act of 2001) of the Act of 1994 is amended by inserting after subsection (2) (inserted by section 7 of the Act of 2001) the following:
“(3) HRI shall account for and pay, without undue delay or any set off, counterclaim or deduction, to the Racing Regulatory Body any funds received by it—
(a) under section 39(1) (d),
(b) as a result of registration of hunter certificates or registration of participants in point-to-point steeplechases, or
(c) in the form of fines under the Rules of Racing,
and such amounts shall be taken into consideration when determining a budget for integrity services under subsection (1) after appropriate deductions for the reasonable requirements of the Racing Regulatory Body to ensure it maintains appropriate independent functions and infrastructure.”.

(3) Section 44 (as amended by section 7 of the Act of 2001) of the Act of 1994 is amended by substituting for subsection (1) the following:
“(1) The Racing Regulatory Body shall consult with HRI when making or amending the Rules of Racing. The Racing Regulatory Body may dispense with such consultation where it considers there is an urgency to make the Rules of Racing and shall inform HRI accordingly.”.

Accounts, etc. of Racing Regulatory Body
12. The following section is inserted after section 39 of the Act of 1994:
“39A. (1) The Racing Regulatory Body shall keep all proper and usual accounts of all moneys received or expended by it including a profit and loss account, a balance sheet and a cash flow statement in relation to its functions under this Act.

(2) Accounts kept in pursuance of this section shall be submitted not later than 3 months after the end of the financial year to which they relate by the Racing Regulatory Body to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the income and expenditure account, the balance sheet and such other (if any) accounts kept pursuant to this section as the Minister, after consultation with the Minister for Public Expenditure and Reform, may direct and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.
(3) The chief executive of the Racing Regulatory Body or a person acting in such a capacity shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—
(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Racing Regulatory Body is required by this Act to prepare,
(b) the economy and efficiency of the Racing Regulatory Body in the use of its resources,
(c) the systems, procedures and practices employed by the Racing Regulatory Body for the purpose of evaluating the effectiveness of its operations, and
(d) any matter affecting the Racing Regulatory Body referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.
(4) The Racing Regulatory Body shall, whenever so requested by the Minister, furnish to him or her information in relation to such matters as he or she may specify concerning or relating to the scope of its activities under this Act (including its compliance with such codes or policy documents that may issue from time to time by a member of the Government) or its strategy, generally or in respect of any account prepared by it under subsection (1) or the policy and activities, other than day to day provision of integrity services.
(5) The Racing Regulatory Body shall whenever requested by HRI, furnish information in relation to its functions under section 39 (including such information in relation to its income derived from its functions in order to assist HRI in determining annual budget requirements) as is specified in the request.”.

Bookmakers and betting
13. Part IV of the Act of 1994 is amended—
(a) in section 47(1), by inserting in each place it occurs “or point-to-point steeplechase meeting” after “authorised racecourse”,
(b) in section 48(1), by inserting “or point-to-point steeplechase meeting” after “authorised racecourse”,
(c) in section 50(1), by inserting “or point-to-point steeplechase meeting” after “authorised racecourse”,
(d) in section 51(1), by inserting “, point-to-point steeplechase meeting” after “authorised racecourse”,
(e) in section 51(2), by inserting “, point-to-point steeplechase meeting” after “authorised racecourse”,
(f) in section 51(4), by inserting “, a point-to-point steeplechase meeting” after “(or any part thereof)”, and
(g) in section 54(1) (a) and (b), by inserting “or point-to-point steeplechase meeting” after “authorised racecourse” in each place it occurs.

Horse and Greyhound Racing Fund
14. Section 12 of the Act of 2001 is amended by substituting for subsection (9) the following:
“(9) (a) Payments from the Fund by the Minister under subsection (6) shall be by instalments in accordance with paragraph (b).

(b) The Minister shall determine the number and amount of instalments payable under paragraph (a) following assessment of the financial needs of HRI and Bord na gCon and in the event that the financial needs of either body alter significantly the Minister may alter the number and amount of the instalments.
(c) The Minister may withhold any or all instalments or part of an instalment to either HRI or Bord na gCon where the Minister is of the opinion that—
(i) the strategic plans submitted under subsection (10) by either HRI or Bord na gCon, as the case may be, are deficient or unreasonable,
(ii) reasonable progress on the implementation of those plans has not been made,
(iii) HRI has failed to provide any information requested by the Minister under section 29A of the Act of 1994,
(iv) HRI has failed to comply with a direction of the Minister given under section 29A of the Act of 1994,
(v) Bord na gCon has failed to provide any information requested by the Minister under section 19A of the Act of 1958, and
(vi) Bord na gCon has failed to comply with a direction of the Minister issued under section 19A of the Act of 1958.
(d) Where moneys are withheld under paragraph (c), these moneys shall remain in the Fund until the Minister is satisfied that the strategic plans are sufficient and reasonable or necessary progress is made or the direction or request, as the case may be, has been complied with.”.

Compliance by Bord na gCon with State Bodies Code of Practice
15. The following section is inserted after section 19 of the Greyhound Industry Act 1958 :
“19A. (1) The Board shall, whenever so requested by the Minister, furnish to him or her, information in relation to such matters as he or she may specify concerning or relating to the scope of its activities (including its compliance with the Code of Practice for the Governance of State Bodies issued by the Minister for Public Expenditure and Reform or other such codes or policy documents that may issue from time to time by a member of the Government) or its strategy, generally or in respect of any account prepared by the Board under section 19 or the policy and activities, other than day to day activities, of the Board.

(2) The Minister may give a direction to the Board in relation to its compliance with a code or policy document referred to in subsection (1).
(3) The Minister may require the Board and the Club to agree procedures to ensure compliance with Government codes of practice, guidelines and policy documents and provision of financial and other information in relation to any matter funded by the Board.”.

Data sharing between HRI and Racing Regulatory Body
16. (1) HRI may provide data (including personal data) held by HRI for the purposes of section 10(1) (b) or (2) (a), (b), (c), (i), (k) or (l) of the Act of 1994 to the Racing Regulatory Body to the extent that it is necessary for the Racing Regulatory Body in order to carry out its functions under section 39 of the Act of 1994.
(2) The Racing Regulatory Body shall process all data received from HRI as though it were received directly by the Body itself.
(3) HRI shall before it provides data to the Racing Regulatory Body under subsection (1), inform by notice in writing any person to whom the data relates of its intention and that the person may object to the proposal within 14 days of the notice.
(4) A person may, within the period of time specified in subsection (3), by notice in writing to HRI object to the transfer of personal data from HRI to the Racing Regulatory Body under subsection (1) and such data as is specified in the notice shall not be transferred.
(5) HRI shall not be liable for any errors or omissions in relation to data provided to the Racing Regulatory Body and shall notify the Racing Regulatory Body of any objections received under subsection (4).
(6) The Racing Regulatory Body may provide data (including personal data) held by the Racing Regulatory Body for the purposes of a provision referred to in subsection (1) to HRI to the extent that it is necessary for HRI in order to carry out its functions.
(7) HRI shall process all data received from the Racing Regulatory Body as though it were received directly by HRI itself.
(8) The Racing Regulatory Body shall before it provides data to HRI under subsection (6), inform by notice in writing any person to whom the data relates of its intention and that the person may object to the proposal within 14 days of the notice.
(9) A person may, within the period of time specified in subsection (8), by notice in writing to the Racing Regulatory Body object to the transfer of personal data from the Racing Regulatory Body to HRI under subsection (6) and such data as is specified in the notice shall not be transferred.
(10) The Racing Regulatory Body shall not be liable for any errors or omissions in relation to data provided to HRI and shall notify HRI of any objections received under subsection (9).
(11) The Racing Regulatory Body may transfer data (including personal data) held by it for purposes of enforcing the Rules of Racing, the Animal Remedies Act 1993 or the Animal Health and Welfare Act 2013 to the Minister of Agriculture, Food and the Marine or the Revenue Commissioners for the purposes of enforcing the Rules of Racing or those Acts.
(12) Section 2D(2)(a) (inserted by section 4 of the Data Protection (Amendment) Act 2003 ) of the Data Protection Act 1988 applies to any information transferred under this section.
(13) HRI and the Racing Regulatory Body shall, before the commencement of subsections (1) and (6), notify any person likely to be affected by any transfer of personal data to which either subsection refers of its intention to transfer such data to the other body under this section on the commencement of the subsection concerned.
(14) Where a notice in writing under subsection (3) or (8) relates to a class of persons to whom the data concerned relates, the notice may be published on the website of HRI or the Racing Regulatory Body, as the case may be, or in a newspaper published and circulating in the State (including a newspaper devoted to horseracing).
(15) In this section “data” and “personal data” have the same meaning as they have, respectively, in section 1 (as amended by the Data Protection (Amendment) Act 2003 ) of the Data Protection Act 1988 .

Amendment of section 10 of Animal Remedies Act 1993 - authorised officers
17. Section 10 of the Animal Remedies Act 1993 is amended by substituting for subsection (1) the following:
“(1) The Minister or a person authorised by the Minister in that behalf, may for the purposes of enforcing this Act, appoint in writing, such persons or classes of person as he or she considers appropriate to be authorised officers for the exercise of all or any of the functions conferred on an authorised officer under this Act as may be specified in the appointment and subject to such conditions as the Minister considers appropriate, including, but not limited to, conditions as to species of animal or activities involving animals (such as horse and greyhound racing).”.

Amendment of definition in section 2 of Forestry Act 2014
18. Section 2 of the Forestry Act 2014 is amended by substituting for the definition of “forest road works” the following:
“ ‘forest road works’ means the construction of a forest road or works ancillary to such construction (whether or not such construction involves the removal of trees);”.

Amendment of Veterinary Practice Act 2005 - mutual recognition
19. The Veterinary Practice Act 2005 is amended by—
(a) in section 43(9)(b) (inserted by section 8 (1) of the Veterinary Practice (Amendment) Act 2012 )—
(i) in subparagraph (iii), after “practitioner,” by deleting “and”,
(ii) in subparagraph (iv), by inserting “and” after “nationality,”, and
(iii) by inserting after subparagraph (iv) the following subparagraph:
“(v) a declaration of his or her knowledge of the English language necessary for practising as a veterinary practitioner,”,
and
(b) in section 95A(4)(b) (inserted by section 8 (2) of the Veterinary Practice (Amendment) Act 2012 ) of that Act is amended—
(i) in subparagraph (ii)(II), by substituting “1 year” for “2 years”,
(ii) in subparagraph (iii), after “nurse,” by deleting “and”,
(iii) in subparagraph (iv), by inserting “and” after “nationality,”, and
(iv) by inserting after subparagraph (iv) the following subparagraph:
“(v) a declaration of his or her knowledge of the English language necessary for practising veterinary nursing,”.

Repeal
20. The Horse Racing Ireland (Membership) Act 2001 is repealed.

Short title and commencement
21. (1) This Act may be cited as the Horse Racing Ireland Act 2016.
(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.


[Preamble.]
Lodger, if distress levied, to make declaration that immediate tenant has no property in goods distrained.  1. If any superior landlord shall levy or authorize to be levied a distress on any furniture, goods, or chattels of any lodger for arrears of rent due to such superior landlord by his immediate tenant, such lodger may serve such superior landlord, or the bailiff or other person employed by him to levy such distress, with a declaration in writing made by such lodger, setting forth that such immediate tenant has no right of property or beneficial interest in the furniture, goods, or chattels so distrained or threatened to be distrained upon, and that such furniture, goods, or chattels are the property or in the lawful possession of such lodger; and also setting forth whether any and what rent is due and for what period from such lodger to his immediate landlord; and such lodger may pay to the superior landlord, or the bailiff or other person employed by him as aforesaid, the rent, if any, so due as last aforesaid, or so much thereof as shall be sufficient to discharge the claim of such superior landlord. And to such declaration shall be annexed a correct inventory, subscribed by the lodger, of the furniture, goods, and chattels referred to in the declaration; and if any lodger shall make or subscribe such declaration and inventory, knowing the same or either of them to be untrue in any material particular, he shall be deemed guilty of a misdemeanor.

Penalty                                                                                2. If any superior landlord, or any bailiff or other person employed by him, after being served with the before-mentioned declaration and inventory, and after the lodger shall have paid or tendered to such superior landlord, bailiff, or other person the rent, if any, which by the last preceding section such lodger is authorized to pay, shall levy or proceed with a distress on the furniture, goods, or chattels of the lodger, such superior landlord, bailiff, or other person shall be deemed guilty of an illegal distress, and the lodger may apply to a justice of the peace for an order for the restoration to him of such goods; and such application shall be heard before a stipendiary magistrate, or before two justices in places where there is no stipendiary magistrate, and such magistrate or justices shall inquire into the truth of such declaration and inventory, and shall make such order for the recovery of the goods or otherwise as to him or them may seem just, and the superior landlord shall also be liable to an action at law at the suit of the lodger, in which action the truth of the declaration and inventory may likewise be inquired into.

Proviso as to payments by lodger to superior landlord.                                                      3. Any payment made by any lodger pursuant to the first section of this Act shall be deemed a valid payment on account of any rent due from him to his immediate landlord.

Extent.                                                                                4. This Act shall not extend to Scotland.

[1 Short title, “The Lodgers’ Goods Protection Act, 1871.” See 59 & 60 Vict. c. 14.]


[10th July, 2019]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title, collective citation and commencement
1. (1) This Act may be cited as the Civil Law (Presumption of Death) Act 2019.
(2) The Civil Registration Acts 2004 to 2018 and Part 3 may be cited together as the Civil Registration Acts 2004 to 2019.
(3) This Act (other than Part 3 ) comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or provisions.
(4) Part 3 comes into operation on such day or days that the Minister may, after consultation with the Minister for Employment Affairs and Social Protection, appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

Interpretation
2. In this Act—
“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;
“applicant” shall be construed in accordance with section 4 ;
“civil partner” means a person in a civil partnership or legal relationship to which section 3 of the Act of 2010 applies;
“cohabitant” means a cohabitant within the meaning of section 172(1) of the Act of 2010;
“Court” shall be construed in accordance with section 10 ;
“Minister” means the Minister for Justice and Equality;
“missing person” means an individual whose existence has become uncertain, because he or she has disappeared without trace and there are no signs that he or she is alive.

Expenses
3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2
Presumption of Death Orders and other matters
Persons who may apply for orders under this Act
4. The following, in this Act referred to as the applicant, may apply for an order provided for in section 5 —
(a) the spouse or civil partner of the missing person,
(b) the cohabitant of the missing person,
(c) any other family member of the missing person, including a child, grandchild, parent, grandparent, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece of the missing person,
(d) a person who is acting in loco parentis to the missing person,
(e) a dependant of the missing person, or
(f) any other person with a sufficient interest including, where relevant, the Attorney General or other person acting on behalf of the State.

Presumption of death order in respect of missing person
5. (1) An applicant may, subject to the conditions in this section, apply for a presumption of death order in respect of a missing person.
(2) An application for a presumption of death order shall be grounded on an affidavit by the applicant and shall contain the following:
(a) specific evidence tending to indicate that the missing person is dead, including—
(i) the circumstances surrounding the disappearance of the missing person,
(ii) absence of communication with people who would be likely to hear from the missing person, including last known correspondence or communication, and
(iii) the length of time since the disappearance;
(b) the date when the missing person was last heard from;
(c) evidence of advertising for information concerning the whereabouts of the missing person, including where relevant by using the internet and social media (unless there are exceptional reasons for not doing so, explained by the applicant);
(d) where relevant and practicable, evidence from a searching organisation that confirms that attempts were made to locate the missing person but were fruitless;
(e) the full background relating to the disappearance of the missing person, including the missing person’s age and health (including mental health);
(f) where relevant and practicable, evidence of corroboration from a family member of the missing person (if the applicant is not a family member);
(g) where relevant, the next-of-kin entitled to distribution of the assets of the missing person on his or her death;
(h) a declaration by the applicant of his or her belief that the missing person is dead;
(i) the required particulars contained in Part 5B of the First Schedule to the Civil Registration Act 2004 that are available to the applicant.
(3) A presumption of death order may be made by the Court where the Court is satisfied that, in respect of the missing person, the circumstances of the person having gone missing indicate that his or her death is—
(a) virtually certain, or
(b) highly probable.
(4) In determining whether a presumption of death order is to be made under this section, the Court shall take into account all the circumstances surrounding the disappearance and absence of the missing person, including the following:
(a) the time, location, and circumstances of the disappearance;
(b) where relevant, the abandonment of valuable property;
(c) where relevant and practicable, the extent and nature of post-disappearance searches;
(d) the presence or absence of a motive for the missing person to remain alive but disappear;
(e) where relevant, evidence suggesting that the disappearance was a consequence of foul play;
(f) where relevant, the time between a life assurance policy being obtained on the life of the missing person and his or her disappearance;
(g) where relevant, any prior history of fraud involving the missing person.
(5) (a) Without prejudice to the rebuttable presumption in paragraph (b), and subject to the requirements of this section, an application for a presumption of death order may be made—
(i) where the application is to the effect that death is virtually certain, at any time after a person has gone missing, such application not to be subject to a minimum waiting period, and
(ii) where the application is to the effect that death is highly probable, no earlier than 1 year after the person has gone missing.
(b) Where, by reason of absence from the State or otherwise, it remains uncertain for a period of at least 7 years as to whether a missing person is alive, it shall continue to be presumed that the person is dead.
(6) (a) Where the Court makes a presumption of death order and is satisfied that the missing person has died on a specific date, the order shall include a finding as to the date and time of death and, where it is uncertain when, within any period of time, the missing person died, the order shall provide that he or she died at the end of that period.
(b) Where the Court makes a presumption of death order and is satisfied that the missing person has not been known to be alive for a period of at least 7 years, the order shall include a finding that the missing person died at the end of the day occurring 7 years after the date on which he or she was last known to be alive.
(7) Where the Court makes a presumption of death order, that order shall include those required particulars contained in Part 5B of the First Schedule to the Civil Registration Act 2004 that are available to the Court.

General effects of presumption of death order
6. (1) Subject to this Act, where—
(a) an appeal is not brought against the making of a presumption of death order within the time allowed for appeal, or
(b) an appeal against such an order is brought and the appeal (or any further appeal) is dismissed or withdrawn,
a presumption of death order made by the Court under section 5 has the same effect in law as arises from the registration of a death under section 13 (1)(d) of the Civil Registration Act 2004 .

(2) (a) A presumption of death order made by a Court under section 5 has the effect that a marriage with the missing person has come to an end.
(b) A presumption of death order made by a Court under section 5 has the effect that a civil partnership with the missing person has come to an end.

Insurance against claims
7. (1) Where an order has been made under section 5 , the person who applied under that section shall, unless the Court otherwise directs, as soon as may be effect a policy of insurance in respect of any claim which may arise by virtue of an order under section 8 .
(2) Any premium payable by the person who applied under section 5 in respect of a policy of insurance effected under subsection (1) shall be a proper charge on the estate of the missing person.
(3) Where an order has been made under section 5 , an insurer may, before making payment of any capital sum (other than in respect of an annuity or other periodical payment) to any person as a result of such order, require that person to effect in his or her own name for the benefit of that insurer a policy of insurance to satisfy any claim which that insurer may establish in the event of an order under section 8 being made.

Persons who may apply for a variation order and consequences of return of missing person
8. (1) The following persons may apply to the High Court for an order, in this Act referred to as a “variation order”, dissolving or varying the effects of any order made under section 5 , that is to say—
(a) a missing person in respect of whom an order has been made under section 5 , and
(b) an applicant.
(2) Subject to the provisions of this section, a variation order shall not have any effect on rights to, or in, any property acquired as a result of an order made under section 5 .
(3) The Court shall, when making a variation order, make such further order, if any, in relation to any rights to, or in, any property acquired as a result of an order made under section 5 as it considers reasonable in all the circumstances.
(4) Without prejudice to the generality of subsection (3)—
(a) a variation order shall have no effect on any income accrued between the time of the making of an order under section 5 and the variation order, and
(b) where a third party acquires rights to, or in, the property of the missing person, in good faith and for value, the missing person who has returned may not bring a claim for the property against the third party.
(5) (a) Notwithstanding the generality of section 6 (2), where an order has been made under section 5 in respect of a missing person who was in a marriage or civil partnership that was subsisting at the time that he or she went missing, that person or the person who was party to the marriage or civil partnership at the time that the missing person went missing may apply to the High Court for a declaration deeming them to be—
(i) a spouse for the purposes of the Family Law (Divorce) Act 1996 in respect of whom a decree of divorce has been granted under section 5 of that Act, or
(ii) a civil partner for the purposes of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 in respect of whom a decree of dissolution has been granted under section 110 of that Act.
(b) In making a declaration under paragraph (a), the Court may modify or restrict its effect in any way as, in its view, accords with the interests of justice.
(c) A declaration under paragraph (a)—
(i) shall only apply from the date of any variation order granted under this section, and
(ii) shall not take effect until the time for making any appeal has lapsed or until such time as any appeal (or any further appeal) is dismissed or withdrawn.
(d) Other than in exceptional circumstances, an application under paragraph (a) shall be brought at the same time as an application under subsection (1) for the dissolution of a variation order.
(6) Other than in exceptional circumstances an application for a variation order within the meaning of subsection (1) cannot be made after the expiry of a period of 7 years from the making of an order under section 5 .

Notice of application
9. (1) Prior to making an order under section 5 or 8 , the Court shall require the applicant or the missing person, as the case may be, to provide evidence, whether by way of affidavit or otherwise, that notice of the relevant application has been served on any person who may be affected by the making of the order.
(2) The Court shall not make an order under section 5 or 8 unless it is satisfied that the requirements of subsection (1) have been complied with.

Jurisdiction of courts and venue
10. (1) Subject to this section, the Circuit Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings under section 5 .
(2) The High Court shall have exclusive jurisdiction to hear and determine proceedings under section 8 .
(3) Where the market value of any land to which an application for an order provided for in section 5 relates exceeds €3,000,000, the Circuit Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any declaration or decision made in the course of such proceedings before the transfer shall be valid unless discharged or varied by the High Court.
(4) The jurisdiction conferred on the Circuit Court by this Act may be exercised by—
(a) the judge of the circuit in which the missing person ordinarily resided or carried on any business, profession or occupation before he or she went missing, or
(b) the judge of the circuit in which the applicant ordinarily resides or carries on any profession, business or occupation at the time an application is made under section 5 .
(5) Where the applicant is the Attorney General or other person acting on behalf of the State as set out in section 4 (f), jurisdiction under this section shall lie exclusively with the High Court.
(6) Where the jurisdiction criteria set out in subsection (4) do not apply, the High Court shall have jurisdiction under this Act where—
(a) the missing person was domiciled in the State before he or she went missing,
(b) the applicant is domiciled in the State at the time an application is made under section 5 , or
(c) the application relates to a missing person where that missing person is a victim of violence (within the meaning of the Criminal Justice (Location of Victims’ Remains) Act 1999 ).

PART 3
Amendments to Civil Registration Act 2004
Definition
11. In this Part “Act of 2004” means the Civil Registration Act 2004 .

Amendment of section 2 of Act of 2004
12. Section 2(1) of the Act of 2004 is amended—
(a) by the insertion of the following definitions:
“ ‘Act of 2019’ means the Civil Law (Presumption of Death) Act 2019;
‘missing person’ has the same meaning as missing person in section 2 of the Act of 2019;
‘presumed death’ means a presumed death where a presumption of death order has been made under section 5 of the Act of 2019;”;
and
(b) by the insertion of the following in the definition of “the required particulars”:
“(f) in relation to a presumed death, the particulars specified in Part 5B of that Schedule;”.

Amendment of section 8 of Act of 2004
13. Section 8 of the Act of 2004 is amended by the insertion of the following paragraph after paragraph (eeee) of subsection (1):
“(eeeee) to establish and maintain a register and index for the purpose of the registration of presumed deaths,”.

Amendment of section 13 of Act of 2004
14. Section 13 of the Act of 2004 is amended in subsection (1) by the insertion of the following after paragraph (k):
“(l) a register of all presumed deaths where a presumption of death order has been made under section 5 of the Act of 2019 (which shall be known, and is referred to in this Act as the register of presumed deaths),”.

Part 5B of Act of 2004
15. The Act of 2004 is amended by the insertion of the following Part after Part 5A:
“PART 5B
Registration of Presumed Deaths
Interpretation
44F. In this Part—
‘Court’ shall be construed in accordance with section 10 of the Act of 2019;
‘register’ means the register of presumed deaths.
Application of Part
44G. (1) This Part applies to a presumed death where a presumption of death order has been made under section 5 of the Act of 2019.

(2) Parts 5 and 5A shall not apply to a presumed death to which this Part applies.

Furnishing of particulars of presumed death by a court to registrar
44H. (1) Where, in accordance with section 5 (3) of the Act of 2019, a Court makes a presumption of death order, the Court concerned shall give to an tArd-Chláraitheoir a copy of the presumption of death order, together with the required particulars contained in Part 5B of the First Schedule that are available to the Court, and he or she shall register the presumed death, or cause it to be registered.

(2) Where there is an error in an order furnished under subsection (1) the Court concerned may give to an tArd-Chláraitheoir a further order correcting the error, and he or she shall correct the error in the register, or cause it to be corrected.
(3) Where a variation order is made by a Court under section 8 (3) of the Act of 2019, the Court concerned shall, in an appropriate case, give a copy of the variation order to an tArd-Chláraitheoir, and he or she shall remove the original entry from the register or make such adjustment to that entry as may be required by the variation order, or cause it to be so removed or adjusted.
(4) Where a body has been recovered and—
(a) the body is that of a person for whom an entry has been made in the register, and
(b) an entry has been made in the register of deaths in respect of the recovered body or an entry has been made in the record of deaths abroad in respect of the recovered body,
an tArd-Chláraitheoir shall remove the original entry from the register, or cause it to be removed.”.

Amendment of First Schedule to Act of 2004
16. The Act of 2004 is amended by the insertion of the following Part after Part 5A in the First Schedule:
“PART 5B
Particulars of Presumed Deaths to be Entered in the Register of Presumed Deaths
date and place of presumed death (or most accurate estimate of date and place of presumed death);
place of birth of missing person;
sex of missing person;
forename(s), surname, birth surname and address of missing person;
personal public service number of missing person;
civil status of missing person;
date of birth of missing person;
profession or occupation of missing person;
if missing person was married or in a civil partnership, the name and profession or occupation of spouse or civil partner;
if missing person was less than 18 years of age on presumed date of death, occupation(s) of his or her parent(s) or guardian(s);
forename(s) and birth surname of father of missing person;
forename(s) and birth surname of mother of missing person;
forename(s) and birth surname of parent of missing person;
forename(s), surname, qualification, address and signature of informant;
a copy of the presumption of death order made under section 5 of the Act of 2019;
the forename, surname and place of business of the judge that made the presumption of death order;
date of registration;
signature of registrar.”.