No. 11/1975:

RACING BOARD AND RACECOURSES (AMENDMENT) ACT, 1975

ARRANGEMENT OF SECTIONS

1 "Principal Act", 1945, No. 16.

2 Amendment of section 12 of Principal Act.

3 Amendment of section 27 of Principal Act.

4 Appeal Committee.

5 Appeals against decisions of Board in relation to course-betting permits.

6 Amendment of section 30 of Principal Act.

7 Superannuation of staff of Board.

8 Increase of penalties.

9 Laying of regulations before Houses of Oireachtas.

10 Short title, construction and collective citation.

AN ACT TO AMEND AND EXTEND THE RACING BOARD AND RACECOURSES ACT, 1945 .

[24th June, 1975]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act "the Principal Act" means the Racing Board and Racecourses Act, 1945 .

2.—Section 12 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

"(3) There shall be paid by the Board—

( a ) to its chief officer, such remuneration and allowances as the Board, with the consent of the Minister for the Public Service, shall determine, and

( b ) to its other officers and servants, such remuneration and allowances as the Board shall determine."

3.—(1) Section 27 of the Principal Act is hereby amended—

( a ) by the addition to subsection (1) of "and if the event the subject of the bet is determined in favour of the person with whom the bookmaker enters into the bet, the bookmaker shall, from the total amount which he would otherwise pay or credit to that person in respect of the bet, make a deduction calculated at the rate of that percentage of that total amount", and

( b ) by the substitution in subsection (6) of "ten per cent." for "five per cent.",

and the said subsections (1) and (6), as so amended, are set out in the Table to this section.

(2) The amendment effected by subsection (1) (a) of this section shall have, and be deemed to have had, effect as on and from the commencement of section 27 of the Principal Act.

TABLE

(1) Every person who, as a licensed bookmaker, enters into a course bet on or after the commencement of this section shall pay to the Board a levy calculated at the rate of the prescribed percentage for the time being of the amount of such course bet and if the event the subject of the bet is determined in favour of the person with whom the bookmaker enters into the bet, the bookmaker shall, from the total amount which he would otherwise pay or credit to that person in respect of the bet, make a deduction calculated at the rate of that percentage of that total amount.

(6) The Board may, with the consent of the Minister, make regulations in relation to the percentage (which shall not exceed ten per cent.) referred to in this section as prescribed.

4.—(1) There shall be a committee (in this and the next section referred to as the Appeal Committee) to determine the appeals provided for by the next section.

(2) The Appeal committee shall consist of the following members:

( a ) a chairman who shall be a Judge of the Supreme Court, High Court or Circuit Court or a practising barrister or solicitor of seven years' standing at least, and

( b ) two ordinary members.

(3) The members of the Appeal Committee shall be appointed by the Minister and shall be eligible for reappointment and each appointment shall, subject to subsection (5) of this section, before a period of three years and, subject to the provisions of this section, each such member shall hold office as such member upon such terms and conditions as the Minister may determine at the time of his appointment.

(4) A member of the Appeal Committee may, by letter addressed to the Minister, resign his membership.

(5) The term of office of a member of the Appeal Committee appointed to fill a casual vacancy on the Committee shall be the remainder of the term of office of the member in relation to whom the vacancy occurred.

(6) Where the chairman or an ordinary member of the Appeal Committee is temporarily unable to act, the Minister may appoint a person to act in his place.

(7) The quorum of the Appeal Committee shall be three.

(8) A determination shall not be made by the Appeal Committee unless two members at least of the Appeal Committee are in favour of the determination.

(9) A member of the Appeal Committee (other than a Judge) shall be paid by the Board such remuneration as the Minister determines and the expenses of the Appeal Committee shall, to such extent as the Minister determines, be paid by the Board.

(10) This section and section 5 of this Act shall come into operation on such day as the Minister appoints by order.

5.—(1) Where, after the commencement of this section, the Board refuses to grant a course-betting permit to a licensed bookmaker, or suspends or revokes a course-betting permit held by a licensed bookmaker, the bookmaker may, within the period of 21 days beginning on the day on which the Board decides on the refusal, suspension or revocation, appeal in writing to the Appeal Committee against the refusal, suspension or revocation.

(2) On an appeal under this section, the Appeal Committee, after conducting a hearing in relation to the appeal, shall either refuse the appeal or—

( a ) in the case of an appeal against the refusal of a permit, direct the Board (who shall comply with the direction and any direction under paragraph (b) or (c) of this subsection) to grant a permit,

( b ) in the case of an appeal against a suspension of a permit, annul the suspension, vary the period of the suspension or the date on which it is to begin or both, or annul the suspension and direct the Board to revoke the permit, and

( c ) in the case of an appeal against a revocation of a permit, annul the revocation or annul the revocation and direct the Board to suspend the permit for a period beginning and ending on dates specified by the Committee.

(3) Where a course-betting permit is refused, suspended or revoked, notice of the refusal, suspension or revocation shall be served on the licensed bookmaker concerned either personally or by post within the period of 7 days beginning on the day on which the Board decides on the refusal, suspension or revocation.

(4) Where a course-betting permit is suspended or revoked, the suspension or revocation shall be expressed (and, subject to subsection (5) of this section, shall have effect accordingly) as coming into operation on a specified day, but, unless the suspension or revocation is in respect of a failure or neglect to pay or credit to a person an amount due to the person by the licensed bookmaker concerned in respect of a bet entered into by the person with the bookmaker, the specified day shall not be before the expiration of the period of 21 days beginning on the day on which the Board decides on the suspension or revocation.

(5) Where—

( a ) an appeal is taken under this section against the suspension or revocation of a permit,

( b ) the suspension or revocation is not in respect of a failure or neglect to pay or credit to a person an amount due to the person by the licensed bookmaker concerned in respect of a bet entered into by the person with the bookmaker, and

( c ) on the day on which the suspension or revocation is expressed as coming into operation, the appeal has not been withdrawn or determined,

the operation of the suspension or revocation shall stand suspended until (as may be appropriate) the appeal is withdrawn or refused, the suspension or revocation is annulled or the suspension is varied, by the Appeal Committee.

(6) At a hearing conducted by the Appeal Committee in relation to an appeal under this section—

( a ) the appellant may appear in person or by counsel, solicitor or agent,

( b ) the Board may appear by counsel or solicitor or by an officer of the Board,

( c ) the appellant and the Board may tender any evidence relevant to the appeal, and—

(i) the appellant may examine and re-examine witnesses called by him and cross-examine witnesses called by the Board, and

(ii) the Board may examine and re-examine witnesses called by it and cross-examine witnesses called by the appellant,

( d ) if, in relation to any witness, the Appeal Committee so determines or either party to the appeal so requests, the Appeal Committee shall require the witness to be examined on oath (which the chairman is hereby empowered to administer).

(7) The Appeal Committee shall cause hearings in relation to an appeal under this section to be held as soon as may be and shall cause not less than 21 days notice of their dates, times and places to be given to the appellants concerned and to the Board.

(8) ( a ) The Appeal Committee may—

(i) summon witnesses to attend hearings conducted by it,

(ii) require any such witness to answer any question relevant to the appeal and to produce to it any document in his power or control.

( b ) A witness before the Appeal Committee shall be entitled to the same immunities and privileges as if he were a witness in the High Court, and claims of privilege and immunity shall be determined by the Committee.

( c ) A summons shall be signed by at least one member of the Appeal committee.

( d ) If any person—

(i) on being duly summoned as a witness before the Appeal Committee makes default in attending, or

(ii) being in attendance as a witness refuses to take an oath legally required by the Committee to be taken, or to produce any document in his power or control legally required by the Committee to be produced by him, or to answer any question to which the Committee may legally require an answer,

he shall be guilty of an offence and, upon summary conviction, shall be liable to a fine not exceeding £500 or, at the discretion of the Court, to imprisonment for a term not exceeding 6 months or to both the fine and the imprisonment.

(9) section 24 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

"(3) Whenever the Board, in the exercise of its powers under this section, proposes to consider an application for the grant of a course-betting permit to a licensed bookmaker or the question of the suspension or revocation of a course-betting permit held by a licensed bookmaker, the following provisions shall have effect—

( a ) the Board shall inform the licensed bookmaker in writing of the proposal,

( b ) the licensed bookmaker may, within seven days after being so informed, request the Board to afford him an opportunity of making to the Board, in relation to the proposal, representations, oral or written, and the Board shall grant any such request and shall consider any such representations made to it.".

6.—Section 30 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

"(1) Where an authorised officer of the Board observes that a person is engaged in or carrying on the business of bookmaker on any authorised racecourse or in the precincts thereof, he may (subject to the production by him if so required of his warrant of appointment as such authorised officer) require that person or any other person present who is engaged with him in or carrying on with him the business of bookmaker to produce to him forthwith, and permit him to inspect and take copies of, or extracts from, any document then in that person's or that other person's possession (as the case may be) and used or capable of being used or believed by such officer to be used or to be capable of being used for the purposes of such business.".

7.—(1) The Board shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement to or in respect of its permanent staff.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances on retirement are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3) The Board may at any time prepare and submit to the Minister a scheme amending a scheme previously submitted and approved under this section.

(4) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for the Public Service, be carried out by the Board in accordance with its terms.

(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for the Public Service, whose decision shall be final.

(6) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

8.—(1) Sections 23 (2), 27 (4) and 28 (2) of the Principal Act are hereby amended by the substitution of "five hundred pounds or on conviction thereof on indictment to a fine not exceeding five thousand pounds" for "one hundred pounds".

(2) section 25 (3) of the Principal Act is hereby amended by the substitution of "one hundred pounds" for "twenty pounds".

(3) Sections 29 (2) and 30 (2) of the Principal Act are hereby amended by the substitution of "five hundred pounds" for "fifty pounds".

9.—Every regulation made by the Board under the Principal Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

10.—(1) This Act may be cited as the Racing Board and Racecourses (Amendment) Act, 1975 .

(2) the Principal Act and this Act shall be construed together as one Act and may be cited together as the Racing Board and Racecourses Acts, 1945 and 1975.