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PART 7
Investigations by Board
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Investigations by Board - breaches of Racing code
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42. (1) Subject to subsection (2), the Board may cause any matter in relation to an alleged breach of the Racing code to be investigated in such manner as it thinks proper.
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(2) Where the Board is notified of an alleged breach of substances regulations it shall refer the matter to the Control Committee.
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(3) The Board shall appoint an authorised officer or a member of its staff or such other person it considers suitably qualified to be an investigating officer for the purposes of conducting an investigation under this section.
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(4) For the purposes of an investigation under this section, the investigating officer may, by notice served on any person, require that person—
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(a) to furnish to him or her any information or records in his or her possession which he or she may reasonably consider necessary for the investigation and specified in the notice, and
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(b) where appropriate to attend before the investigating officer for the purposes of the investigation.
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(5) (a) Where an investigating officer forms the view that there has been a breach in respect of any matter which he or she is investigating or the person concerned has failed to co-operate with the investigation, the officer shall report this to the Board.
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(b) The report of an investigating officer in relation to an investigation given to the Board shall include—
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(i) the investigating officer’s findings in relation to the matter,
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(ii) details of any failure by the person concerned to comply with subsection (4), and
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(iii) the recommendation of the investigating officer.
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(6) Where the Board, having considered a report under subsection (5), considers there may be a sanction breach of the Racing code, other than in respect of a breach of substances regulations, by a person it shall give notice to the person that it intends to refer the matter to the Control Committee and offer the person an opportunity to make representations to it within 14 days of the service of the notice, and if, no such representations are received or having considered any representations it decides to refer the matter to the Control Committee, it shall then refer the matter to the Control Committee to decide the matter at a hearing and shall, if it so considers, may make recommendation as to any appropriate racing sanction the Control Committee might impose.
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(7) Where the Board considers that there are matters of concern to the Club, it may notify such matters to the Club.
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