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1 PROPOSAL of law No. 80/X explanatory memorandum the XVII Government programme assumed as a priority the presentation of a new framework law for the sport. The presentation of this legislative initiative aims to fulfill that commitment and contribute to the promotion and extension of the physical activity and sport, as well as supporting the regular sports and high yield. To achieve this, was organized between December 2005 and February 2006 1 Congress of sport, which has resulted in a broad consultation process and public debate, evident in the fact that they were held sessions in all districts, as well as the autonomous regions. This Congress-the first, in fact, held in Portugal in these molds and with these goals-provided, all who wished the opportunity to formulate suggestions for the preparation of this legislative proposal. The numerous contributions in this headquarters therefore constitute the basis of this proposed Law that defines new priorities. This is therefore a structural law, arising from a national commitment and that defines a model based on a participatory and responsible management among the State, the autonomous regions, local authorities and all sports agents, with a view to increasing sport participation rates of the entire population. The express mention of the ' physical activity ', ' sport ', aims to emphasize the purpose of the Government to not only support the regular sports practice and the high yield – traditional subject of our sports policy – as well as to create conditions to promote and develop among the general population, the ' physical activity ' as a tool essential to the improvement of the physical condition the quality of life and well being, as well as to encouraging the Portuguese to integrate physical activity into your daily life habits by the beneficial effects it has on health. In this sense, the Public Administration 2 promote programmes, with a view to creating public spaces suitable for sport, as well as to adopt measures facilitating the adoption of active lifestyles. It was decided, in this context, mention distinctly these two realities – as do, in fact, the legal systems of some of the countries that are sports references in the international context – for the development of physical activity, which has specific requirements and very different from regular sports practice and competition, were not shrouded by your inclusion in the policies, complaining of sports development If they forget, too easily, to respond to the needs of physical activity of the population as a whole. It is in this context that we must understand, in addition to other aspects, several provisions of this Bill, in particular, when making Public Administration in the area of sport, responsibilities in the implementation of programmes to promote and encourage the practice of physical activity, when down with a general, for entities providing sporting services and organize evidence or sports events in public places the obligation of respect for rules aimed at safeguarding the health and safety of sports practitioners, as consumers of these services or participating in such events or provides for the institutionalization of a compulsory insurance scheme covering personal accidents occurred in sports infrastructure open to the public and in popular participation sports. On the other hand, was given particular attention to the principles which govern two important factors of sports development: training and sports infrastructure policy. With regard to the formation of tables are formulated requirements for individuals who wish to frame professionally, while technicians, the practice of physical activities or sports, settling, on the other hand, that their qualification is due to see within the framework of vocational training into the labour market. With regard to sports infrastructures policy aims to ensure coordination between the investments made by local authorities and those that are the initiative of the State Government. To ensure a balanced regional distribution of equipment, makes the construction of new equipment 3 by the State reimbursed the issuance of a prior opinion and binding of the Member of the Government that the sport. On the other hand, shall be governed, in new terms, improperly called "sports servitude", for it revealed a inadequate instrument and hardly doable for the defense of the public interest. Major innovation of this draft law is the way it is structured the new status of sport utilities, designed – as already was the law No. 1/90 of 13 January – as indispensable requirement for a legal person governed by private law is considered, for legal purposes, as Sports Federation. Unlike was, however, of that Law, this Bill does not establish that such status (sport utility) is conditio sine qua non to have access to public financial support, which now is conditioned to the ownership of the mere public utility status means the status of sport utilities, instead, is confined primarily to the delegation of public authority and resulting obligations in return. So, if strictly financial questions also prevents end up put in crisis the Government delegation's discretion inherent in the award of the status of public utility. The status of public utility understands the sports rights and the imposition of obligations. In this respect it should be noted three important innovations of this Bill in relation to the regime that has lasted in Portugal since 1990: – on the one hand, the status of public utility sport becomes temporary concession, for periods of four years in principle coinciding with the Olympic cycle; -on the other hand, that the attribution of this Statute involves rights and establishes obligations, when currently only refers to assign rights; -Finally, it clarifies the regime of exclusive sports rights of sporting federations, as well as the sanctions regime in case of abusive use of such rights by entities not holders of public utility status, resuming, in this context, the so-called principle of «uniqueness» Federative reflects in all countries who work with instruments equivalent to the status of public utility. 4 wants to use government delegates or the use of public funds granted, shall be subject to strict supervision by the State. Innovative also is the possibility of suspension of public aid to entities that are found in non-compliance with tax situation or social security. This initiative reflects a greater concern of the State in the separation between professional and non-professional sports, in particular with regard to professional leagues and their relationships with the sports federations in that fall. In this respect it complies with point out the following aspects:-the consecration of a new concept of professional League, clarifying that this must take the form of not-for-profit association and who to include, not just the clubs and sports societies participating professional competitions, but also other sports agents; – the establishment, which constitutes the specific array of the European model of sport, that the competitive frameworks managed by professional leagues are the highest level of sporting competitions carried out within the respective Sports Federation, assuming you mean the existence of schemes of permeability between the professional and the other competitions and precludes the idea of closed leagues; -clarification that the leagues are integrated in the respective federations and performing by delegation of these, the powers to regulate the competitions of professional nature; -the clarification of the relationships between the leagues and the respective sports federations, in particular with regard to discipline and arbitration, and, in this respect, that it is structured so that the entities that designates the referees for competitions are necessarily different entities that evaluate the performance thereof; – the definition yet of the relationship between the professional leagues and the respective federations are established contractually, in particular with regard to the number of clubs participating in professional competition, access arrangements between professional and non-professional competitions, the Organization of the activity of the national teams and to support non-professional sporting activity, 5 1 way to overcoming the conflicts that arise through intervention of the National Council of sport and of the resource to arbitration. With regard to sports clubs and societies, the principle that clubs in sporting competitions of professional nature, does not adopt the way of sports society, shall be subject to a special management regime, in order to ensure the special responsibilities of these clubs arising out of participation in such competitions. When it comes to high-performance sport (new designation than so manifestly inadequate, whether called ' competition ') introduced two major innovations:-on the one hand, integrate the referees in this scheme, the pair of technicians; -on the other hand, the institutionalization of a scheme of support to sports agents who benefit from the scheme, after the end of your career. The Olympic Committee of Portugal continues to be consecrated as the Summit structure of the Olympic movement in our country, since it plays relevant mission of public interest that matters to preserve and defend. This Bill also innovates with regard to the discipline of the sport development program contracts, that the aid, in particular financial titulam, which the State assigns. Such innovations focus on two fundamental aspects: – on the one hand, the obligation for the entities that request financial support, comprehensive identification of financial sources which provide for initiatives, which is particularly relevant to other sources of public funding; -on the other, and since the aid that if grant is in the assumption that such funds are intended solely for compliance with the public purposes that if agreed, the possibility of encumbrance or impound such funds. Finally, consecrate themselves important innovations in three other areas:-in the field of taxation: in that it provides an appropriate taxation system for the scholarships awarded within the framework of the system of support for high yield; -in the system of sports entrepreneurs, secure, in terms, the duty of professional confidentiality 6 entrepreneurs in relation to facts relating to their represented; -in the field of free entry into sports, clarified that the your discipline must be strictly within the configured access to sports shows with paid entries, in order to make this right with the right on the show that are holding the clubs organizers. Must be heard the Government organs of the autonomous regions and the representative associations of local authorities.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I objective and GENERAL PRINCIPLES Article 1 subject-matter this law sets out the basis of the development policies of the physical activity and sport.
Article 2 principles of universality and equality 1-everyone has the right of access to the practice of physical activity and sport, regardless of your ancestry, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation, social status or sexual orientation. 2-the practice of physical activity and sport should contribute to the promotion of balanced and non-discriminatory vision 1 7 between men and women.
Article 3 the sports ethic Principle 1-the practice of physical activity and sport is developed in compliance with the principles of ethics, the sportsmanship, sports and training of all participants. 2-in the pursuit of defence ethics in sport and physical activity, is a function of the State to adopt the measures to prevent and punish antidesportivas manifestations, such as violence, corruption, doping and any form of social discrimination. 3-Are especially supported the moves and initiatives, as well as educational and social projects, in favour the sporting spirit and tolerance.
Article 4 Principle of the development of the physical activity and sport is conducted smoothly and seamlessly with respect for territorial continuity, with a view to combating regional asymmetries and contributing to social inclusion and national cohesion.
Article 5 principles of coordination, decentralization and collaboration 1-the State, the autonomous regions and local authorities articulate and appeal to their respective interventions that affect, directly or indirectly, in the development of the physical activity and sport, in a decentralized framework of duties and responsibilities. 2-the State, the autonomous regions and local authorities promote the development of the physical activity and sport in cooperation with the educational institutions, the 8 sports associations and other entities, public or private, that are active in these areas.
CHAPTER II article 6 PUBLIC POLICIES promoting physical activity 1-Public Administration shall be responsible for the promotion and the generalization of physical activity, while vital to the improvement of the physical condition, quality of life and health of citizens. 2-for the purposes of the preceding paragraph, the State shall, in close coordination with the autonomous regions and local authorities, adopt programs aimed at: a) Create public spaces fit for the practice of physical activity; b) foster the integration of physical activity in everyday living habits, as well as the adoption of active lifestyles; c) Promote the reconciliation of the practice of physical activity with the personal, family and professional life.
Article 7 Development of sport 1-the Public Administration in the area of sport supporting and developing the sport regularly and, through the provision of technical, human and financial resources, encourage training activities of sports agents with a view to your qualification, as well as exercise supervisory functions, in accordance with legally defined. 2-under the State's central administration, run the National Sports Council, an advisory body to the sport, and the National Anti-Doping Authority, with roles in monitoring and combating doping in sport. 9 3-the powers, composition and functioning of the organs referred to in the preceding paragraph are defined in the law.
Article 8 infrastructure policy and sports equipment 1-the State, in close cooperation with the autonomous regions and local authorities to develop an integrated policy of infrastructure and sports equipment on the basis of balanced territorial distribution, environmental valuation and planning and sports and economic sustainability, aimed at the creation of a diversified and quality sports park in line with a strategy of promoting access to the practice of physical and sporting activities in its various levels and for all levels and groups of the population. 2-The territorial management instruments must make provision for collective use infrastructure for the sport. 3-With the aim of increasing and renewing the Park sports infrastructures at the service of the population the State ensures: a) the realization of plans, programs and other directors instruments governing access to public funding and to diagnose the needs and establish the strategies, priorities and criteria for sustainable development of infrastructure and sports equipment; (b)) the establishment and development of a legal and regulatory framework governing the construction and use of spaces and infrastructures for the practice of physical and sporting activities, as well as the granting of licences for construction and use; c) to take appropriate measures to improve the conditions for effective accessibility, security and environmental and sanitary quality of infrastructure and sports equipment for public use. 4-building public and private sports facilities, when subsidised by the State, lacks prior opinion and member of the Government-issued binding responsible for sport. 10 5-The public financial assistance for construction or improvement of sports infrastructures owned by private entities, as well as the acts of free use or providing of sports public heritage management to private entities, must be conditioned to the assumption by these public counterparts. 6-in accordance with the law, and in compliance with the guarantees of individuals, the Government may determine, for limited periods of time, the request of sports infrastructure owned by private entities for sporting competitions appropriate to the nature of those, whenever justified public interest and national and there is urgency.
Article 9 the State Investigation, in collaboration with higher education institutions, promotes and supports the undertaking of studies and research on the sport and the various factors of development of physical activity and sport, in particular in the field of high-performance sports.
Article 10 National Sporting Atlas 1-the law determines the development of the Atlas Desportivo Nacional, which contains the registration and recording of data and indicators that allow the knowledge of various factors of sports development in order to assess the situation, in particular the national sport: a) sports facilities; b) Natural Spaces and recreational sport; c) Sports Associations; d) sports Habits; e) physical condition of people; 11 f) Human Environment, including the identification of gender participation. 2-the information contained in the Atlas Desportivo Nacional are integrated into the national statistical system.
Article 11-1 international cooperation in order to increase cooperation in the area of sport, the State ensures the full participation of Portugal in the European and international sporting bodies. 2-the State establishes cooperation programmes with other countries and streamlines the international sports Exchange in different age groups. 3-the State favours the sports Exchange with countries of Portuguese language, in particular in the framework of the community of Portuguese Language countries. 4-the State see that sports programs are implemented for Portuguese communities established in other countries, with the development of ties with your community of origin.
CHAPTER III section I SPORTS ASSOCIATIONS Olympic Organization article 12 Olympic Committee of Portugal 1-the Olympic Committee of Portugal is a non-profit association, endowed with legal personality, which is governed by its statutes and regulations, in respect for the law and for the International Olympic Charter. 2-the Olympic Committee of Portugal has exclusive competence to establish, organize, and 12 driving the Portuguese delegation participating at the Olympics and other sporting competitions held under the auspices of the International Olympic Committee, collaborating on your preparation and encouraging the practice of activities there represented. 3-the Olympic Committee of Portugal keeps up to date the record of the Portuguese Olympic sportsmen. 4-the Olympic Committee of Portugal is entitled to the exclusive use of Olympic symbols in the national territory, in accordance with the law.
Article 13 Portuguese Paralympic Committee Portuguese Paralympic Committee Portugal Portugal applies, with any necessary adaptations, the provisions of the previous article, in relation to disabled sports and Paralympics.
Section II sports federations Subsection I General provisions article 14 Concept Sports Federation sports federations Are legal persons, set up as non-profit association, encompassing clubs or sports societies, associations of territorial scope, professional leagues, if any, practitioners, technicians, judges and arbitrators, and other entities that promote, practise or contribute to the development of their mode and fill cumulatively, the following requirements: a) propose, in accordance with their respective statutes, pursue, among others, the following general objectives: 13 i) Promote, regulate and direct, at national level, the practice of a sport or a set of related or associated modalities; II) Represent before the Public Administration the interests of its members; III) represent your sport, or set of related or associated arrangements, international sports organisations, as well as ensure the competitive participation of national teams. (b)) to obtain the status of legal person of public utility.
Article 15 types of sports federations 1-sports federations are unidesportivas or multidesportivas. 2-Are unidesportivas the federations that include persons or entities dedicated to the practice of the same sport, including its various disciplines, or a set of related or associated modalities. 3-multidesportivas the federations Are engaged, cumulatively, to the development of the practice of different sports, in specific areas of social organization, in particular in the field of sport for disabled citizens and sports within the framework of the educational system.
Article 16 exclusive sports rights 1-the role of sports titles, national or regional level, private sports federations and it is only these can organize teams. 2-the law defines the forms of protection of the name, image and activities carried out by the sports federations, stipulating the respective administrative regime. 14 article 17 corporate resolutions 1-On the General Assembly of sports federations, professional leagues and associations of territorial scope are not allowed votes for representation. 2-the deliberations for the designation of the holders, or involving the examination of behaviors or the qualities of any person, shall be taken by secret ballot.
Article 18 sports Justice 1-are unlikely to appeal outside the competent instances in sports order decisions and deliberations on strictly sporting issues. 2-Are strictly sporting issues those based on rules of a technical nature or disciplinary nature, while issues emerging from the application of the laws of the game, the regulations and the rules of organization of their competitions. 3-for the purposes of the preceding paragraph, the decisions and disciplinary proceedings relating to breaches of ethics in the context of sports doping, violence and corruption are not strictly sporting matters. 4-disputes arising from acts and omissions of the bodies of sports federations and professional leagues, in the exercise of public powers, are subject to the rules of the administrative litigation, getting protected sporting effects however validly produced following the last decision of the competent authority in order.
Subsection II sport utility 15 article 19 public benefit Status 1 Sport-Utility sport status gives a Sports Federation the power to exercise exclusive and within the scope of regulatory powers, and other disciplinary public nature, as well as the rights and powers specially provided for by law. 2-the Sports Federation to which is given the status mentioned in the preceding paragraph is thanks, in particular, to meeting the objectives of development and generalization of the sport, to ensure the representativeness and democratic functioning, in particular through the limitation of mandates, as well as the transparency and regularity of your management, in accordance with the law. 3-Have public nature of sports federations powers exercised under the rules and discipline of their sport that, for both, is conferred by law.
Article 20 Attribution, renewal, suspension and cancellation of public utility status 1 sports-For the purposes of point (b)) of article 14, the sport utility status can only be awarded to legal persons who hold the status of mere public utility. 2-the sport utility status is assigned for a period coinciding with the Olympic cycle, normally of four years, after which it is renewed at the request of the person concerned, if you keep conditions that determined your concession. 3-the definition for each cycle of the Olympic sports and the related modalities or associated, as well as specific areas of social organization in which can be assigned the status of sport utilities, is carried out by order of the Member of Government responsible for sport. 4-the law defines the terms of assignment, renewal, suspension and cancellation of public utility status. 16 article 21 monitoring of the exercise of public authority the supervision of the exercise of public powers, as well as the compliance with internal rules of organization and functioning of the sports federations is carried out, in accordance with the law, on the part of the public administration, by conducting investigations, inspections and sindicâncias.
Subsection III Organization of sporting competitions article 22 professionals Professional League 1-unidesportivas federations in which race sporting competitions of a professional nature, as such defined in law, are part of a professional League, in the form of a non-profit association, with administrative, technical and financial autonomy. 2-the Professional League, by delegation of the respective Federation, skills relating to competitions of professional nature, in particular: a) to organize and regulate the competitions of professional nature, in compliance with the technical rules set by the federal organs competent national and international; b) Exercise, in relation to its members, the functions of control and supervision that are laid down in law or their statutes and regulations; c) Define the conditions, organisation and financial access to professional competitions, as well as monitor your running by entities participating in them. 3-the Professional League is integrated, by clubs and sports societies that play the professional competitions 4-Professional League can still, in accordance with the law and their statutes, integrate 17 representatives of other sports agents, including practitioners and trainers.
Article 23 Sports Federation's relations with the Professional League 1-the relationship between the Sports Federation and professional League is regulated by contract to be concluded between these entities, in accordance with the law. 2-in the agreement mentioned in the preceding paragraph should be agreed, among other things, on the number of clubs participating in professional sports competition, the access arrangements between non-professional and professional sports competitions, the Organization of the activity of the national teams and the support for non-professional sporting activity. 3-competitive frameworks managed by professional League is the highest level of sporting competitions carried out within their Federation. 4-in the absence of agreement between the Sports Federation and professional League for the conclusion of the contract or for your renewal, it is for the National Sports Council to regulate the substances referred to in paragraph 2, with the exception of support for the non-professional sporting activity that is submitted to arbitration scheme set out in law No. 31/86 of 29 August.
Article 24 Regulations of sporting competitions 1 professionals-Professional League shall elaborate and approve the respective regulations. 2-the Professional League draws up and approves, also, its arbitration regulations and discipline, to submit the ratification by the General Assembly of the Federation at which insert, in accordance with the law. 18 article 25 arbitration and discipline 1-The sports federations in which race competitions of professional nature, the Court of arbitration and discipline should be organized into sections, depending on the nature of the competition. 2-the arbitration is structured so that the entities that designate the referees for competitions are necessarily different entities that evaluate the performance of the same.
Section III sports clubs and societies article 26 1-sports clubs sports clubs Are legal persons governed by private law, set up as non-profit association, whose scope the promotion and practice of sports direct. 2-The sports clubs or their professional teams, participants in professional competitions shall be subject to the special arrangements for management, defined in the law, unless they adopt the form of for-profit sports society.
Article 27 1 sports Societies-sports companies Are legal persons governed by private law, set up as a limited company, the object of which is the participation in sports competitions, the promotion and organization of sports shows and the promotion and development of activities related to the professional sports under mode 1 19. 2-the law defines the legal framework of sports societies, safeguarding, among other objectives, the protection of the rights of members of the club founder, of the public interest and of real estate assets, as well as the establishment of a fiscal regime appropriate to the specific nature of these societies.
CHAPTER IV section I SPORT and physical activity practice of physical activity and sports article 28 Sports in schools 1-physical education and sport at school should be promoted within the curriculum and curriculum enrichment, at all levels and degrees of education, targeting specifically the promotion of health and physical condition, the acquisition of habits and motor duct and the understanding of sport as a factor of culture. 2-higher education institutions define the principles of sport of the respective communities, recognising the importance of student associations and their leadership structures in the Organization and development of the sport in this area.
Article 29 sport for disabled people the practice of physical activity and sport for people with disabilities is promoted and fostered by the State, with appropriate technical assistance adapted to their specific needs, with a view to full integration and social participation, in equal opportunities with other citizens.
20 article 30 traditional games, traditional games as an integral part of the cultural heritage of the various regions of the country-specific, are encouraged and supported by the State, autonomous regions and local authorities.
Article 31 Sports in nature 1-physical and sporting activity practised outside of sports infrastructure must be guided by the principles of respect for nature and the preservation of its resources, as well as for the observance of the rules of the applicable territorial management instruments, in particular those relating to hazardous areas, in order to ensure the conservation of biological diversity, the protection of ecosystems and management of resources, waste and preservation of natural and cultural heritage. 2-the activities mentioned in the preceding paragraph shall contribute to the dissemination and interpretation of natural and cultural heritage, the promotion of nature tourism and environmental awareness and education.
Article 32 evidence or sports events in public places 1-must be preceded by a favourable opinion, to be issued by respective Sports Federation, evidence or sporting events, which cumulatively: a) are carried out on the public highway or other public places; b) are open to the participation of practitioners enrolled in the sports federations; and c) within the framework of which confer prizes in cash or in kind, in excess of the amount to be fixed by law. 21 2-the competent Sports Federation must approve the regulation of the competition or sporting event referred to in the preceding paragraph, in order to ensure respect for the rules of protection of the health and safety of participants, as well as the technical rules of the sport. 3-the evidence or sports events referred to in the previous paragraphs shall be entered on the calendar of the respective Federation.
Article 33 sports promoting Associations Are promoting sports associations, non-profit entities, which are aimed at the promotion and organization of physical and sporting activities, recreational purposes, social, educational or not included in the area of sports federations, whose legal system is defined in the law.
Section II sports agents sports Practitioners article 34 1-the status of the practitioner is defined according to the end of your activity, it being understood as those professionals engaged in sporting activities as exclusive or main profession. 2-the legal contractual regime of professional sports, as well as practitioners of sports training, is defined in the law, after hearing the unions representing the interested parties, taking into account your specific the General arrangements of the contract of employment. 22 article 35 technical training 1-the law defines the qualifications required for the exercise of the various technical functions in the area of physical activity and sport, as well as the acquisition and updating of knowledge for the purpose, within the framework of vocational training into the labour market. 2-is not allowed, in particular cases provided by law, the exercise of professions in the areas of physical activity and sport, in particular in the field of sports management, exercise and health, physical education and sports training, the main or secondary occupation title, regular, seasonal or occasional basis, without the proper academic background or professional.
Article 36 postholders sports leaders law defines the rights and duties of the Office-holders sports leaders, stipulating, in particular, the legal regime of incompatibilities applicable to the exercise of functions.
Article 37 1-sports Entrepreneurs Are entrepreneurs, for the purposes of this law, natural or legal persons who, being duly accredited, carrying on the activity of representation or intermediation, occasional or permanent, against remuneration, at the conclusion of contracts of sports training, sports or work relating to image rights. 2-the pursuit of the activity of entrepreneur is incompatible with performance, directly or indirectly, paid or free, to any other functions in clubs, societies, associations or federations, as well as the Olympic Committee of Portugal 23, in accordance with the law. 3-the sports entrepreneur cannot act on behalf and for the account of underage sports practitioners. 4-The facts relating to the personal or professional life of sports agents that the sports entrepreneur take knowledge by virtue of their functions, are covered by professional secrecy. 5-the law defines the legal framework of sports entrepreneurs.
Article 38 volunteer support 1-the State recognizes the vital role of the voluntary sports agents, especially young people, in promoting and supporting the development of the practice of physical activity and sport, being guaranteed the necessary conditions for the proper continuation of the socially relevant mission their job. 2-the law defines the measures to support voluntary sports agents.
Section III protection of sports agents article 39 sports medicine 1-access to sports practice, within the sports federations, depends on sufficient evidence of the physical fitness of the practitioner, to certify through medical examination to declare the absence of any contraindications, to regulate complementary legislation. 2-within the framework of physical and sporting activities not included in the preceding paragraph, constitutes particularly practitioner's obligation to ensure, in advance, that does not have any contraindications for your practice. 3-it is the sports medicine services to the State's central administration to 24 research and participation in training, as well as the provision of specialized medical assistance to the sports practitioner, in particular within the framework of the regime, supporting teams and, when prompted, for treatment of injuries.
Article 40 social Security the social security system of the practitioners and other sports agents is defined under the general social security scheme.
Article 41 1-Insurance is guaranteed the institutionalization of a system of compulsory insurance of sports agents entered the sports federations, which, in order to cover the particular risks to which they are subject, protects in special terms the sports practitioner of high yield. 2-in order to ensure the protection of practitioners not included in the preceding paragraph, is ensured the institutionalization of a system of compulsory insurance for: a) sports facilities open to the public; b) evidence or sports events. 3-the law defines the terms and the risks covered by compulsory insurance referred to in the preceding paragraphs.
Article 42 obligations of entities providing sporting services entities that provide physical or sports activities to practitioners, who organize events or sporting events or operating sports facilities open to the public, shall be subject to the defined in the law, in order to protect health and 25 of safety of participants in them, in particular as regards: a) the requirements of facilities and sports equipment; b) minimum levels of staff training that frame these activities or administer sport facilities; c) mandatory insurance exists relating to accidents or illnesses of the sport.
Section IV high yield article 43 1 support measures-considered high performance sport, for the purposes of this Act, the sport which aims at obtaining results of excellence, measured in accordance with the international sporting standards, being the subject of specific support measures. 2-the measures referred to in paragraph 1 are laid down in a differentiated manner, covering the sports practitioner, as well as the coaches and umpires participating in highest echelons competitive nationally and internationally. 3-sports agents covered by high performance regime support measures also benefit after the end of your career, in accordance with the set in complementary legislation.
Article 44 national teams participation in teams or in other national representations is classified as a mission of public interest and, as such, subject and special guarantee by the State. 26 chapter V FINANCIAL and taxation SUPPORT article 45 financial aid 1-private legal persons can benefit from support or financial assistance by the State, the autonomous regions and local authorities in the area of sport, since they hold the status of mere public utility, subject to the support of sports events of public interest, recognized as such by order of the Member of Government responsible for sport. 2-The sports clubs participating in sports competitions of professional nature may not benefit, in this context, support or financial assistance by the State, the autonomous regions and local authorities, in any form, except as regards the construction or improvement of sports infrastructures or equipment with a view to the holding of sports competitions in the public interest, as such recognized by the Member of Government responsible for sport. 3-support or financial assistance granted by the State, the autonomous regions and local authorities, in the area of sport, are labeled by sports development program contracts, in accordance with the law. 4-The beneficiaries of aid or financial assistance by the State, the autonomous regions and local authorities in the area of sport, are subject to supervision by the grantor, as well as the requirement for certification of their accounts where the amounts granted are above the threshold for this purpose defined in the legal system of sports development program contracts. 5-The sports federations, professional leagues and associations of territorial scope have to have organised accounting according to the norms of the Portuguese official chart of accounts. 6-the provisions of the preceding paragraph shall apply to sports clubs and sports societies, 27 with adaptations of appropriate regulation to competition involving. 7-without prejudice to any other consequences resulting from the law, may not benefit from new financial support by the State, the autonomous regions and local entities that are in a situation of non-compliance with their tax obligations or to social security, and must be suspended the financial benefits resulting from any ongoing program contracts while the situation remains.
Article 46 1-program Contracts granting aid or financial assistance in the area of sport, through the conclusion of programme contracts, depends, inter alia, compliance with the following requirements: the) Presentation of sports development programs and your detailed characterization, with specification of the ways, the means and the time limits for your compliance; b) presentation of costs and measuring degrees of financial autonomy, technical, human and material, provided for in the programmes referred to in the preceding sub-paragraph; c) identification of other sources of financing, provided for or granted. 2-the aid provided for in the preceding article are exclusively used for the purposes for which they were granted being insusceptible of judicial or encumbrance.
Article 47 1-tax Regimes tax regime for the taxation of sports agents is established in a specific way and, in the case of sport practitioners, in accordance with parameters adjusted to the nature of professions of rapid wear. 2-the grants awarded under the general scheme of support for high yield, by 28 public and entities or private, are intended to support the costs associated with preparation of sports practitioners, being the tax regime established in your law. 3-in accordance with the Statute of the Patronage, have tax relevance donations in cash or in kind granted without strings attached that to configure monetary nature or commercial obligations to public or private entities contained therein which consist predominantly in the realization of initiatives in the sports area.
CHAPTER VI FINAL PROVISIONS article 48 access to sports shows 1-lays down the law of consumer protection measures, particularly as regards the protection of economic interests and the right to prior information as to the amount payable in sports performed shows throughout the season. 2-the entry into sports venues by holders of the right to pass, while deriving sports shows with tickets paid, is allowed only where they are in effective exercise of functions and such access is indispensable for the performance of the same cabal, in accordance with the law.
Article 49 special situations 1-public policies promote and encourage physical activity and sports in establishments that receive citizens deprived of liberty, including those intended for minors and young people subject to the fulfilment of measures and decisions applied under the tutelary educational process. 2-organizing and conducting sporting activities within the framework of the armed forces and security forces obey the rules, without prejudice to the application of the General principles set out in this law. 29 Article 50 set Standard is revoked the law No. 30/2004, of 21 July.
Seen and approved by the Council of Ministers of 14 June 2006 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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