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SPORTS ACT, 2016 ( ACT 394)
ARRANGEMENT OF SECTIONS
Section
National Sports Authority
1.
Establishment of the National
Sports Authority
2.
Objects of the Authority
3.
Functions of the Authority
Governance of the Authority
4.
Governing body of the Authority
5.
Tenure of office of members
6.
Meetings of members of the Board
7.
Disclosure of interest
8.
Establishment of committees
9.
Allowances
10.
Ministerial directives
Administrative and Financial
Provisions
11.
Appointment of Director-General
12.
Functions of the
Director-General
13.
Appointment of Secretary to the
Board
14.
Appointment of other staff
15.
Funds of the Authority
16.
Accounts and audit
17.
Annual report and other reports
18.
Funds for national sports
associations
Regional Sports Committees and
District Sports Units
19.
Regional Sports Committee
20.
Composition of Regional Sports
Committee
21.
Functions of Regional Sports
Committee
22.
Tenure of members of Regional
Sports Committee
23.
District Sports Unit
24.
Composition of District Sports
Unit
25.
Functions of District Sports
Unit
26.
Tenure of office of members of
District Sports Unit
Miscellaneous
Provisions
27.
Ambush marketing
28.
Offences and penalties
29.
Regulations
30.
Interpretation
31.
Repeal and savings
Act
REPUBLIC OF GHANA
ACT
OF THE PARLIAMENT
OF THE REPUBLIC OF GHANA
ENTITLED
SPORTS ACT, 2016
AN ACT to establish the National
Sports Authority, to provide for
the development, promotion and
management of sports,
and to provide for related
matters.
DATE OF ASSENT:
PASSED by Parliament and
assented to by the President.
National Sports Authority
Establishment of the National
Sports Authority
1.
(1) There is established by this
Act a body corporate to be known
as the National Sports Authority.
(2) For the performance of its
functions,
the Authority may acquire and
hold movable and immovable
property,
dispose of property and enter
into a contract or any other
transaction.
(3) Where there is a hindrance
to the acquisition of property,
the property may be acquired for
the Authority under the State
Lands Act,
1962 (Act 125) and the cost
shall be borne by the Authority.
Objects of the Authority
2. The objects of the Authority
are
(a)
to promote and encourage the
organisation and development of,
and mass participation in
sports;
(b)
to encourage increased
participation and improved
performance in sports; and
(c)
to encourage the private sector
to contribute to the funding,
development and promotion of
sports.
Functions of the Authority
3. To achieve its objects, the
Authority shall
(a)
with the private sector and
other agencies, organise and
support citizens to participate
in sports at district,
regional,
national and international
levels;
(b)
facilitate the organisation of
national games;
(c)
isssue licences in respect of
matters relating to sports;
(d)
provide financial and other
assistance to a team or person
for the purpose of enabling that
team or person to represent the
Republic in international
competitions in or outside the
Republic;
(e)
encourage citizens to
participate in sporting
activities;
(f)
advise the Minister on matters
in relation to the promotion and
development of sports;
(g)
ensure the development,
establishment and management of
public sporting facilities in
the country;
(h)
encourage the private sector in
the development and management
of sports facilities in the
country;
(i) in collaboration with the
Ministry, ensure
(i) the provision of necessary
facilities required for building
national teams;
(ii) the provision of funds for
the purpose of managing national
teams;
(iii) the submission of
proposals on matters relating to
the development and maintenance
of national teams;
(iv) transparency and
accountability in the
development and management of
national teams;
(v) that all moneys received by
way of sponsorship,
gifts and any other benefits for
national teams are properly
accounted for;
and
(vi) the organisation of
biannual sports congress to
review sports development for
the period and map out
strategies for sports
development for the future;
(j)
co-operate with national and
international sporting
organisations in order to foster
and create a conducive sporting
environment;
(k)
provide assistance to sporting
associations that the Authority
considers necessary;
(l)
undertake research and
development related to sports;
(m)
promote, encourage and secure
the adoption of policies of
gender equity, equal opportunity
and access to sports, child
protection in sports and drug
free sports; and
(n)
perform any other functions that
are necessary for the attainment
of the objects of the Authority.
".
Governance of the Authority
Governing body of the Authority
4.
(1) The governing body of the
Authority is a Board consisting
of
(a) a chairperson;
(b)
the Director-General appointed
under section 11;
(c)
the Director of the National
Sports College, Winneba;
(d)
one representative of the
Ministry not below the rank of a
Director;
(e)
one representative of the
Ministry responsible for Finance
not below the rank of a
Director;
(f)
one representative of the
Ministry responsible for
Education not below the rank of
a Director;
(g)
one person nominated by
(i) the Security Services Sports
Association;
(ii) Tertiary Institutions;
(iii) the National Paralympic
Committee;
(iv) the Ghana Olympic
Committee;
(h)
two distinguished sporting
personalities nominated by the
Minister; and
(i)
three persons knowledgeable in
sports development,
at least, one of whom is a
woman.
(2) The members of the Board
shall be appointed by the
President in accordance with
article 70 of the Constitution.
(3) The Board shall ensure the
proper and effective
performance of the functions of
the Authority.
Tenure of office of members
5.
(1) A member of the Board shall
hold office for four years and
is eligible for re appointment
but a member shall not be
appointed for more than two
terms.
(2) Subsection (1) does not
apply to the Director-General.
(3) A member of the Board may at
any time resign from office in
writing addressed to the
President through the Minister.
(4) A member of the Board, other
than the Director-General,
who is absent from three
consecutive meetings of the
Board without sufficient cause
ceases to be a member of the
Board.-
(5) The President may by letter
addressed to a member revoke the
appointment of that member.
(6) Where a member of the Board
is, for a sufficient reason,
unable to act as a member, the
Minister shall,
in consultation with the Board,
determine whether the inability
would result in the declaration
of a vacancy.
(7) Where there is a vacancy
(a)
under subsection (3) or (4) or
section 7(2);
(b)
as a result of a declaration
under subsection (6); or
(c)
by reason of the death of a
member,
the Minister shall notify the
President of the vacancy and the
President shall appoint a person
to fill the vacancy.
Meetings of members of the Board
6.
(1) The members of the Board
shall meet at least once every
four months for the dispatch of
business at the times and in the
places determined by the
chairperson.
(2) The chairperson shall at the
request in writing of not less
than one-third of the membership
of the Board convene an
extraordinary meeting of the
Board at the place and time
determined by the chairperson.
(3) The quorum at a meeting of
the Board is eight members of
the Board or a greater number
determined by the Board in
respect of an important matter.
(4) The chairperson shall
preside at meetings of the Board
and in the absence of the
chairperson,
a member of the Board elected by
the members present from among
their number shall preside.
(5) Matters before the Board
shall be decided by a majority
of the members present and
voting and in the event of an
equality of votes, the person
presiding shall have a casting
vote.
(6) The Board may co-opt a
person to attend a Board meeting
but that person shall not vote
on a matter for decision at the
meeting.
(7) An act of the Board shall
not be invalidated by reason of
a vacancy in the membership of
the Board or a defect in the
appointment of a member.
Disclosure of interest
7. (1) A member of the Board who
has an interest in a matter for
consideration shall
(a)
disclose the nature of the
interest and the disclosure
shall form part of the record of
the consideration of the matter;
(b)
request to be recused from the
deliberations of the Board in
respect of the matter;
and
(c)
not participate in the
deliberations of the Board in
respect of the matter.
(2) A member ceases to be a
member of the Board if that
member has an interest in a
matter before the Board and
(a)
fails to disclose that interest;
or
(b)
is present or participates in
the deliberations of the matter.
Establishment of committees
8. (1) The Board may establish
committees consisting of members
of the Board or non-members or
both to perform a function
determined by the Board.
(2) A committee composed of
non-members only is advisory.
(3) Section 7 applies to a
member of a committee of the
Board.
Allowances
9. Members of the Board and
members of a committee of the
Board shall be paid the
allowances approved by the
Minister in consultation with
the Minister responsible for
Finance.
Ministerial directives
10. The Minister may give
directives on matters of policy
to the Board and the Board shall
comply.
Administrative and Financial
Provisions
Appointment of Director-General
11.
(1) The President shall, in
accordance with article 195 of
the Constitution, appoint a
Director-General for the
Authority.
(2) The Director-General shall
hold office on the terms and
conditions specified in the
letter of appointment.
Functions of the
Director-General
12. (1) The Director-General
(a)
is responsible for the day to
day administration of the
Authority and is answerable to
the Board in the performance of
the functions under this Act;
(b)
is responsible for liaising with
the Authority and the Minister
with a view of ensuring
effective implementation of this
Act; and
(c)
shall perform any other function
determined by the Board.
(2) The Director-General
may delegate a function to an
officer of the Authority but
shall not be relieved of the
ultimate responsibility for the
performance of the delegated
function.
Appointment of Secretary to the
Board
13. (1) The President shall,
in accordance with article 195
of the Constitution, appoint a
solicitor as Secretary to the
Board.
(2) The Secretary shall
(a)
arrange the business for
meetings of the Board and cause
minutes of proceedings of the
Board to be recorded and kept;
(b)
perform any other functions that
the Board may assign; and
(c)
in the performance of functions
under paragraph (b),
report to the Board through the
Director-General.
Appointment of other staff
14. (1) The President shall,
in accordance with article 195
of the Constitution,
appoint staff that are necessary
for the proper and effective
performance of the functions of
the Authority.
(2) Other public officers may be
transferred or seconded to the
Secretariat of the Authority or
may otherwise give assistance to
the Authority
(3) The Authority may engage the
services of consultants as
determined by the Board.
Funds of the Authority
15.
The funds of the Authority
include
(a)
moneys approved by Parliament;
(b)
loans, grants and gifts;
(c)
proceeds from special lotteries
for sports;
(d)
moneys accruing to the Authority
in the course of the performance
of its functions under this Act
including proceeds of matches
and competitions;
(e)
sponsorships;
and
(f)
any other moneys approved by the
Minister responsible for
Finance.
Accounts and audit
16.
(1) The Authority shall keep
books of account and proper
records in relation to them in
the form determined by the
Auditor-General.
(2) The Board shall submit the
accounts of the Authority to the
Auditor-General for audit within
three months after the end of
the financial year.
(3) The Auditor-General shall
not later than three months
after the receipt of the
accounts audit, the accounts and
forward a copy of the audit
report to the Minister.
Annual report and other reports
17.
(1) The Board shall within one
month after receipt of the audit
report, submit to the Minister
an annual report covering the
activities and the operations of
the Authority for the year to
which the report relates.
(2) The annual report shall
include the report of the
Auditor-General.
(3) The Minister shall, within
one month after the receipt of
the annual report,
submit the report to Parliament
with a statement the Minister
considers necessary.
(4) The Board shall submit to
the Minister,
any other report which the
Minister may request in writing.
Funds for national sports
associations
18.
(1) Each national sports
association shall submit a
budget on the activities of the
association in respect of
(a)
the national team; and
(b)
any other national sporting
activity.
(2) A national sports
association shall account
through the Authority to the
Minister for moneys received
from sponsorship, gifts and any
other benefits for the purposes
of paragraphs (a) and
(b) of subsection (1).
Regional Sports Committees and
District Sports Units
Regional Sports Committee
19.
(1) The Authority shall, in
consultation with the Minister,
establish a Regional Sports
Committee in each region.
(2) A Regional Sports Committee
shall be attached to the office
of the Regional Co-ordinating
Council.
Composition of Regional Sports
Committee
20.
(1) A Regional Sports Committee
consists of
(a)
a chairperson nominated by the
Authority on the advice of the
Minister responsible for the
region;
(b)
the Regional Sports Director;
(c)
three representatives of
district sports units within the
region; and
(d)
two other members nominated by
the Minister responsible for the
region at least one of whom is a
woman.
(2) The members of the Regional
Sports Committee shall be
appointed by the Minister.
Functions of Regional Sports
Committee
21.
The functions of a Regional
Sports Committee are
(a)
to promote, encourage and
develop sports throughout the
region,
(b)
to co-ordinate the sporting
activities of the District
Sports Units within the region,
(c)
to co-ordinate the activities of
the District Sports Units within
the region in relation to the
care,
maintenance and provision of
sports facilities in the region,
(d)
to assist in the organisation of
Regional Sports Festival once
every year,
(e)
to prepare and submit to the
Authority returns on sporting
activities in the region, and
(f)
to perform any other function
assigned by the Board.
Tenure of members of Regional
Sports Committee
22. (1) A member of a Regional
Sports Committee shall hold
office for a period of four
years and is eligible for
re-appointment for another term
only.
(2) Subsection (1) does not
apply to the Regional Sports
Director.
(3) A member may,
by writing addressed to the
chairperson of the Regional
Sports Committee, resign from
office.
District Sports Unit
23.(1)
Each district shall have a
District Sports Unit.
(2) A District Sports Unit is
part of the Education Youth and
Sports Department of the
District Assembly.
Composition of District Sports
Unit
24. (1) A District Sports Unit
consists of
(a)
a chairperson nominated by the
Authority in consultation with
the District Chief Executive;
(b)
a representative of the District
Education Office;
(c)
the District Sports Director;
and
(d)
four other persons nominated by
the District Chief Executive.
(2) The members of the District
Sports Unit shall be appointed
by the District Chief Executive.
Functions of District Sports
Unit
25. The functions of a District
Sports Unit are to
(a)
assist in the formulation and
implementation of sports
policies, programmes and
activities of the District
Assembly;
(b)
co-ordinate
the preparation of annual sports
budget of the District Assembly;
(c)
advise the District Assembly on
(i) the promotion of efficient
management and administration of
private sector sports clubs and
associations in the district;
(ii) the collection and
dissemination of sports
statistical data and other
information in the district; and
(iii) matters relating to the
development of sports in the
district including the
construction,
equipping, operating and
maintenance of sports stadia and
other sporting facilities in the
district;
(d)
assist in the organisation of
regional sports activities in
the district and promote
(i) participation in mass
sports;
(ii) sports for excellence; and
(iii) paralympic sports;
(e)
assist in the organisation of
District Sports Festival at
least once every year;
(f)
co-ordinate the selection and
preparation of district
sportsmen and women for
inter-district sports festivals
and tournaments;
(g)
assist in the establishment of
sports associations in the
district;
(h)
encourage the establishment of
keep-fit clubs and sports teams
in the district;
(i)
facilitate the training of
community sports leaders and
coaches for the keep-fit clubs
and sports teams in the
district;
(j)
participate in the research on
matters relating to sports in
the district;
(k)
facilitate private sector
participation in the provision
and management of sports
infrastructure in the district;
(I)
assist in the provision of
sports equipment to public
sports organizations and
activities in the district;
(m)
facilitate the preparation of
reports on the implementation of
sports policies and matters
relating to sports to the
District Chief Executive in the
form provided by the
District Assembly; and
(n)
ensure proper accounts of all
moneys received for the purpose
of sports in the District.
Tenure of office of members of
District Sports Unit
26. (1) A member of a District
Sports Unit shall hold office
for a period of four years and
is eligible for re-appointment
for another term only.
(2) Subsection (1) does not
apply to the District Sports
Director.
(3) A member may, by writing
addressed to the chairperson of
the District Sports Unit, resign
from the Unit.
Miscellaneous Provisions
Ambush marketing
27.(1)
A person shall not engage in
ambush marketing.
(2) A person engages in ambush
marketing where without written
authorisation of the organiser
of a sporting event, that person
broadcasts, displays, makes,
publishes or televises any
advertisement,
communication statement, mark or
image or causes or authorises
any advertisement,
communication, statement, mark
or image to be broad- cast,
displayed, made, published or
televised.
(3) A person who engages in
ambush marketing, commits an
offence and is liable on summary
conviction to a fine of not less
than five thousand penalty units
and not more than twenty
thousand penalty units or to a
term of imprisonment of not less
than two years and not more than
five years.
(4) Each day of a continuing
contravention of subsection (1),
constitutes a separate offence
and the Court before which a
person is charged shall impose a
penalty of not more than fifty
percent of the minimum penalty
for each day during which the
offence continues.
(5) For purposes of this
section, "ambush marketing"
means the connecting by persons
of their products with a
particular sporting event in the
minds of potential customers,
without the consent or awareness
of the organisers of the event,
in order to increase sales, gain
media attention and publicity
and without having to pay
sponsorship for the event.
Offences and penalties
28. A person who contravenes a
provision of this Act, for which
a penalty is not provided
commits an offence and is liable
on summary conviction to a fine
of not less than fifty penalty
units and not more than twenty
thousand penalty units or to a
term of imprisonment of not less
than one month and not more than
five years or to both.
Regulations
29.
(1) The Minister may,
by legislative instrument,
make Regulations
(a)
to provide for licences in
respect of matters relating to
sports;
(b)
to provide for fees to be
charged in relation to the
licences;
(c)
to prescribe for compliance by
national sports associations to
the
(i) statutes,
(ii) charters,
(iii) constitutions,
(iv) regulations,
(v) rules, or
(vi) by-laws
of the respective international
federations or organisations;
(d)
to provide for the registration
of sports associations;
(e)
to provide for the regulation of
persons onto or into any land,
building or facility owned by,
or under the control of the
Authority;
(f)
to provide for matters relating
to the use of activities
involving national teams for
purposes of advertising and
gaming;
(g)
to provide for the regulation of
the use of an emblem,
logo, design, mark, symbol or
name that is associated with the
Authority;
(h)
to prescribe standards for the
establishment and operation of
sporting facilities;
(i)
to provide for health safety
standards at sports centres and
facilities;
(j)
to prescribe standards for the
establishment and operation
of sports academies;
(k)
to provide for the organisation
and hosting of international
games and competitions;
(I)
to provide measures for the
prevention of ambush marketing
in sports;
and
(m)
generally for the effective
implementation of the provisions
of this Act.
(2) A person who contravenes a
provision of Regulations
made under this Act commits an
offence and is liable to a fine
of not less than fifty penalty
units and not more
than twenty
thousand penalty units
or
to a term of imprisonment
of
not less
than
one month
and not more
than
five years or to both.
Interpretation
30.
In this Act,
unless the context otherwise
requires
"Authority"
means the National
Sports Authority
established
under section 1;
"Board"
means the governing body of the
Authority established under section
4;
"Director-General"
means
the Director-General appointed
under section
11;
"district" includes the area of
commission of a District
Assembly,
a Municipal Assembly and a
Metropolitan Assembly;
"Minister"
means the Minister responsible
for Sports;
"Ministry"
means the Ministry responsible
for Sports;
"prescribed institution"
includes the Ghana Police
Service, Prison Service,
Ghana Armed Forces,
a public university and any
other tertiary institution
prescnbed by the Minister;
"prescribed
sports" includes amateur and
professional football, boxing,
athletics,
cricket, volleyball,
basketball,
lawn tennis,
table tennis,
hockey,
squash,
handball,
cycling,
judo,
chess,
weight lifting and any other
sport prescribed
by the Minister;
and
"team" means a group of athletes
that is recognised by the
Authority to compete in an
approved tournament,
competition
or game.
Repeal and savings
31.(1)
The Sports Act,
1976 (S.M.C.D.
54) is hereby repealed.
(2) Despite the
repeal
of the S.M.C.D.
54,
Regulations,
by-laws,
notices,
orders,
directions,
appointments or
any
other act lawfully made or
done under the repealed
enactment and
in
force immediately
before
the commencement of this Act
shall be considered to have been
made or done under this Act and
shall continue to have effect
until reviewed, cancelled or
terminated.
Date of Gazette
notification:
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