Act No. 230 / 2016 Coll.
Act amending Act No. 115 / 2001 Coll., on the Promotion of Sport, as amended, and other related laws
Valid
Law
Effective from 01.01.2017
Text versions:
01.01.2017
22.07.2016
230
THE LAW
of 28 June 2016
amending Act No. 115 / 2001 Coll., on the Promotion of Sport, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Sport Support Act
Act No. 115 / 2001 Coll., on the promotion of sport, as amended by Act No. 219 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 274 / 2008 Coll., Act No. 183 / 2010 Coll. and Act No. 375 / 2011 Coll., is amended as follows:
1. After Paragraph 1, the following Section 1a is inserted:
Priorities in the field of sport
The basic priorities in the field of sport are the promotion of sport of children and youth and their coaches and the promotion of sports representatives of the Czech Republic. "
2. Paragraph 2 (1) reads as follows:
"(1) For the purposes of this Act, any form of physical activity which, through organised and non-organised participation, aims at the harmonious development of physical and mental condition, the development of social relations, the consolidation of health and the achievement of sports performance on a recreational basis or in competitions of all levels, individually or together."
3. In Paragraph 2, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) For the purposes of this Act, a sports organisation shall be a legal person established for purposes other than the acquisition of profits, where the subject matter of the activity of that legal person includes a sport activity.
(3) For the purposes of this Act, a sportsman shall be any natural person who actually carries out the sports activity for which he is registered in a given calendar year. '
Paragraphs 2 and 3 shall be renumbered paragraphs 4 and 5.
4. In Article 2, paragraphs 6 and 7 are added:
"(6) An important sporting event for the purposes of this Act is an international event taking place in the Czech Republic, in particular the Olympic Games, World Championships, European Championships or World Cup.
(7) An important sporting event of particular importance for the purposes of this Act shall be the event referred to in paragraph 6, the organisation of which shall be subject to the organisation allocating its organisation at international level by means of a declaration from the State in whose territory the event is to take place to ensure that the conditions for such an event are established. ';
5. in Article 3 (1) (a), the words' draft concept 'shall be replaced by' draft plan 'and the words' concept 'shall be replaced by' plan ';
6. in Article 3 (1) (b), the words "approved concepts" shall be replaced by the words "approved plans";
7. in Article 3 (1), the following point (d) is inserted after point (c):
"(d) checks the use of aid from the State budget for sport for beneficiaries and persons to whom the aid was granted in accordance with the conditions for the use of the aid;"
Points (d) to (h) shall be renumbered as points (e) to (i).
8. in Article 3 (1) (e):
"(e) creates conditions for the sport of children and youth and their trainers, for the development of sport for all, for the sport of disabled citizens and for the sports representatives of the Czech Republic and their participation in sports events in the Czech Republic and abroad,."
9. In Paragraph 3 (1), at the end of the text in point (f), the words "and issue a prevention programme for influencing the results of sport competitions' shall be added.
10. in Paragraph 3 (1) (g), including footnote 4:
"(g) establish a contribution organisation for the purpose of fulfilling commitments under the International Convention against Doping in Sport (4);
4) The International Convention against Doping in Sport, published by the Communication of the Ministry of Foreign Affairs under No. 58 / 2007 Coll. '.
footnote 1 is deleted.
11. in Article 3, the dot is replaced by a comma at the end of paragraph 1 and the following point (j) is added:
"(j) keep in electronic form a register of sports organisations applying for support from the State Budget pursuant to Article 6b or 6c and of athletes, coaches and sports establishments for whose activities such support is requested (hereinafter referred to as the Register).";
12. in Article 3 (2), "(g)" is replaced by "(h)";
13. In Article 3, the following paragraph 3 is added:
"(3) The rules of activity, financing and mutual cooperation of the resort sports centres referred to in paragraph 1 (h) and (i) shall be laid down by the Government. The draft rules are prepared by the Ministry of Education, Youth and Sports in cooperation with the Ministry of Interior and the Ministry of Defence and submitted to the Government for approval."
14. The following Section 3a is inserted after Section 3, including the title and footnote 5:
Register
(1) The register is a public administration information system for the management of data on sports organisations, sports organisations and sports facilities. The registry administrator is the Ministry of Education, Youth and Sports. The register shall be private; an indication of the number of athletes and coaches associated with the sports organisation and the list of sports facilities registered in the register shall be made publicly available, including in a way that allows remote access.
(2) Sports organisations applying for State Budget support pursuant to Article 6b or 6c shall be registered.
(3) The sports organisation referred to in paragraph 2 shall, without undue delay, enter the following information and amendments thereto in the register:
(a) the name, registered office and identification number of the sports organisation, the subject matter of its main activity and the subject matter of its activity in the field of sport or, where applicable, membership of another sports organisation;
(b) the cessation and date of sports organisation activities;
(c) details of the sports organisation which is grouped therein within the scope of points (a) and (b);
(d) the name and surname, date of birth and address of the place of residence (5) of the athlete and coach registered with the sports organisation which is associated therewith; if the athlete or coach does not have a place of residence in the Czech Republic, the address of the place in the Czech Republic where he is mostly staying; in the case of an athlete, also the type of sport the athlete carries out; in the case of foreigners, citizenship,
(e) information within the scope of point (d) concerning an athlete or coach registered with it, unless such information is registered by the sports organisation in which it is grouped;
(f) the date from which the athlete or coach began to carry out the activity for which he was registered with the sports organisation in a given calendar year;
(g) the date from which the athlete or coach ceased to operate as referred to in (f);
(h) sports equipment used for sport activities; the register shall include the address of the sports establishment, the type of sports establishment and the amount and purpose of the State Budget support provided for in Article 6b or 6c, provided that it was provided for the acquisition or technical evaluation of the sport establishment.
(4) An applicant for State Budget support pursuant to § 6b or 6c for the acquisition or technical evaluation of a sports equipment is obliged to register the information referred to in paragraph 3 (h) without undue delay.
(5) A sports organisation has access in the register to the information on athletes and coaches registered and sports organisations in the register.
(6) The information referred to in paragraph 3 (d) to (g) is entered in the register for a maximum period of 10 years from the date on which the athlete or coach ceased to operate as referred to in paragraph 3 (f).
(7) The Ministry of Education, Youth and Sports verifies the veracity, completeness and accuracy of the data in the register.
(8) The Ministry of the Interior provides the Ministry of Education, Youth and Sports with reference data from the basic population register for data processing purposes. The basic register of residents shall provide the name and / or the names, surnames, address of the place of residence, date and place of birth, date of death, citizenship and numbers of electronically readable natural person identification documents.
(9) The Ministry of Education, Youth and Sports shall establish by decree the format and structure of the data report through which sport organisations and aid applicants shall enter the data referred to in paragraphs 3 and 4.
5) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended. Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended. '
15. in Paragraph 4 (2), the words "talent and" shall be replaced by the words "talent," and "shall establish a laboratory of doping control and ensure its operation to the extent set by the International Olympic Committee; Doping control laboratory is an organisational component of the state 'is replaced by' and, in order to promote a healthy way of life, creates conditions to promote preventive, dispensary and assessment health care in the field of sport '.
16. in Article 5, at the end of point (c), the dot is replaced by a comma and the following point (d) is added:
"(d) develop a plan for the development of sport in the region and ensure its implementation."
17. in Article 6 (a), the words "and the preparation of sports talents, including disabled citizens," shall be replaced by the words "especially for young people."
18. in Article 6, the following point (b) is inserted after point (a):
"(b) ensure the preparation of sports talents, including disabled citizens,"
Points (b) to (d) shall be renumbered (c) to (e).
19. In Article 6, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The municipality shall, within its own jurisdiction, develop and implement the sport plan in the municipality. '
20. After Paragraph 6, the following Sections 6a to 6d are inserted:
Sports plans
(1) The plan identifies the objectives of state policy in the field of sport, the means necessary to achieve these objectives, and defines the priorities and criteria for supporting sport from the state budget. The plan also includes measures against the illegal influencing of sports results and measures to promote education and the continuing professional use of sports representatives during and after the sports career.
(2) The plan for the development of sport in the municipality or region includes, in particular, the definition of areas of support for sport, the prioritisation of individual areas of support for sport and measures to ensure the availability of sport facilities for citizens of the municipality or region. The plan shall also include the identification of the funds from the budget of the municipality or region required to implement the plan.
Support for sport in the form of a subsidy from the state budget
(1) The Ministry of Education, Youth and Sports provides, from the state budget, support for sport in the form of grants in calendar year programmes aimed in particular at supporting children and youth sports, sport for all, disabled sport and support for successful sports representatives of the Czech Republic.
(2) Aid for sport referred to in paragraph 1 may be granted only to sports organisations registered in the register.
(3) The Ministry of Education, Youth and Sports provides, from the state budget, support for sport in the form of a grant in a programme of aid for the acquisition or technical evaluation of tangible and intangible fixed assets. The schedule of beneficiaries authorised and the time period for which the programme is declared in accordance with the first sentence shall be determined by the documentation of the programme.
(4) Aid for sport may not be granted to a person who has repeatedly or seriously infringed the rules of the fight against doping over the past three years, or has seriously jeopardised the implementation of the programme of prevention of the effects of sports competitions, or who has been convicted of a criminal offence, the nature of which relates to the activity of sport or to the crime of subsidy fraud, unless the effects of condemnation for that offence have been brought to an end.
Support for major sporting events
(1) According to the Government's approval, central government authorities create the conditions for major sporting events. The application for government approval is submitted by the person who intends to hold the event through the Ministry of Education, Youth and Sports.
(2) The request referred to in paragraph 1 shall be accompanied by a forecast budget of the action and a feasibility study taking into account the financial, material, personnel and legal provision of the action. It must be clear from the feasibility study what measures by public authorities, especially in the areas of safety, life and health, the residence of foreigners in the Czech Republic and the accessibility of transport, will be necessary for the organisation of the event. In addition, the feasibility study shall include information on whether and to what extent the granting of aid from the State budget is necessary for the organisation of the action, respecting the principles of economic, efficient and efficient management of public funds, and on the sustainability of the operation of the sport and other facilities for which aid is to be granted after the end of the action.
(3) Support for major sporting events of exceptional importance from the state budget for which the Government has given its approval under paragraph 1 is provided in particular by the Ministry of Education, Youth and Sports.
(4) Support from the State budget for major sporting events not referred to in paragraph 1 shall be granted on the basis of the programme referred to in Section 6b.
Coordination of the granting of aid
(1) The Ministry of Education, Youth and Sports coordinates the granting of aid under this Act with the Office for the Protection of Competition.
(2) The aid shall not be granted if it would be contrary to the conditions for granting public aid laid down by European Union law or decisions of the European Commission on the basis thereof. ';
21. in Paragraph 7e, the following paragraph 2 is inserted after paragraph 1:
"(2) A sports organisation shall commit an administrative offence by failing to comply, in breach of Article 3a (2), with the obligation to register or to comply without undue delay with the obligation to register data and their changes to the extent set out in Article 3a (3). An applicant for State Budget support pursuant to § 6b or 6c intended for the acquisition or technical evaluation of a sports equipment shall commit an administrative offence by failing to comply with the obligation to register data to the extent set out in § 3a (4) without undue delay. '
Paragraph 2 shall become paragraph 3.
22. in Article 7e (3), the words "or paragraph 2" shall be inserted after the words "paragraph 1 (a)."
23. in Article 7f (4), the words "except for the administrative offences referred to in Article 7e (2)" shall be inserted after the word "the law."
24. In Paragraph 7f, the following paragraph 5 is inserted after paragraph 4:
"(5) The administrative offences referred to in Article 7e (2) shall be dealt with at first instance by the Ministry of Education, Youth and Sports; The Ministry shall not impose a fine on an administrative offence if there are grounds of special consideration. ';
Paragraphs 5 and 6 shall become paragraphs 6 and 7.
25. Paragraph 7f (7) reads:
"(7) Fines, with the exception of fines for administrative offences referred to in Article 7e (2), shall be collected and enforced by the authority which imposed them. The income from fines, with the exception of fines for administrative offences referred to in Section 7e (2), is the income of the municipality. The fines for administrative offences referred to in Article 7e (2) shall be collected and enforced by the customs office responsible for the place. The income from fines for administrative offences referred to in Section 7e (2) shall be the income of the State budget. ';
Transitional provisions
1. The Ministry of Education, Youth and Sports shall establish an operational register no later than 18 months after the date of entry into force of this Act.
2. Sports organisations in which other sports organisations are brought together shall comply with the obligations laid down in § 3a (2) and (3) of Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, within 24 months of the date of entry into force of this Act. Other sports organisations which have not been registered according to the first sentence shall comply with these obligations within 30 months of the date of entry into force of this Act. The aid applicant shall comply with the obligations laid down in § 3a (4) of Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, within 24 months of the date of entry into force of this Act.
3. Aid for sport in the form of a grant from the State Budget may be granted to a sports organisation regardless of its registration until the expiry of the period laid down in point 2, in which the sports organisation was to fulfil the obligations laid down in Sections 3a (2) and (3) of Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act.
4. The plan pursuant to § 6a (1) of Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, shall be submitted by the Ministry of Education, Youth and Sports to the Government for the first time within 6 months of the date of entry into force of this Act.
5. The plan for the development of sport in the region pursuant to § 5 (d) of Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, processes the region for the first time within 18 months of the date of entry into force of this Act.
6. The plan for the development of sport in the municipality pursuant to § 6 (2) of Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, shall be processed by the municipality for the first time within 18 months of the date of entry into force of this Act.
Amendment of the Arbitration Act
In Article 40g of Act No. 216 / 1994 Coll., on Arbitration and on the Enforcement of Arbitration Findings, as amended by Act No. 303 / 2013 Coll., the following paragraph 3 is added:
"(3) Where the Commission is members in accordance with the Statutes of the Chambers and the Board decides, paragraphs 1 and 2 shall apply mutatis mutandis to that Chamber. ';
Amendment of the Higher Education Act
In Article 54a of Act No. 111 / 1998 Coll., on Higher Education and amending and supplementing other laws (Act on Higher Education), as amended by Act No. 48 / 2013 Coll., the current text is renumbered as paragraph 1 and the following paragraph 2 is added:
"(2) A student who submits a certificate to a university or faculty stating that he is a sports representative of the Czech Republic in the sports sector, issued by a sports organisation representing this sports sector in the Czech Republic, has the right in connection with this fact to modify the course of his studies, which will enable the student to participate in the representation and the necessary preparation."
Amendment of the Education Act
At the end of § 18 of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), the sentence "In secondary education or higher vocational education, the school director will allow an individual educational plan to a student or student on the basis of confirmation that the student or student is a sports representative of the Czech Republic in the sports sector, issued by a sports organisation representing this sports sector in the Czech Republic, in connection with this fact."
EFFECTIVE
This Act shall enter into force on 1 January 2017.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 230 / 2016 Coll., amending Act No. 115 / 2001 Coll., on the Promotion of Sport, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.07.2016 |
|---|---|
| Effective from | 01.01.2017 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Body and sport
The regulation text is for informational purposes only.
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