S.I. No. 323/1986:

RACECOURSE (LEVY COLLECTION) (AMENDMENT) REGULATIONS, 1986.

RACECOURSE (LEVY COLLECTION) (AMENDMENT) REGULATIONS, 1986.

The Racing Board in exercise of the powers conferred on it by section 28 of the Racing Board and Racecourses Act, 1945 (No. 16 of 1945), and the Racing Board and Racecourses (Transfer of Departmental Administration and Ministerial Functions) Order, 1980 ( S.I. No. 56 of 1980 ), with the consent of the Minister for Agriculture, hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Racecourse (Levy Collection) (Amendment) Regulations, 1986.

(2) These Regulations shall come into operation on the 1st October, 1986.

2. The Racecourse (Levy Collection) Regulations, 1977 ( S.I. No. 404 of 1977 ), are hereby amended by--

( a ) the substitution of the following definition for the definition of "the business" in Regulation 2:

"'the business of a bookmaker' includes all bookmaking business carried on at a racecourse or in the precincts of a racecourse and all matters relating to such business;",

( b ) the insertion of the following definition after the definition of "bookmaker" in Regulation 2:

"'commission' means a request to a bookmaker to execute a bet on behalf of a punter at a race-meeting;",

( c ) the substitution of the following Regulation for Regulation 5:

"Use of standard sheets in books.

5. (1) Bookmakers shall use a standard sheet a provided by the Board for the recording of bets.

(2) The Board shall supply books of numbered standard sheets to bookmakers on application:

(a) at the Board's offices when the said offices are open for business, and

(b) at any offices maintained by the Board and opened for the supply of standard sheets at an authorised racecourse:

(3) The pages in a book of standard sheets shall be used consecutively for the recording of bets on races in the order in which the races are held, no page being left blank save with the permission of an authorised officer of the Board, and where more than one page is used for the recording of bets on the same race the word "continued" shall be entered after the number of the race on every such page after the first.

(4) Save with the permission of the Board a bookmaker shall not use a new book of standard sheets until all the pages in the book already in use have been used for the recording of bets.

(5) (a) Books of standard sheets issued to a bookmaker shall be made available to authorised officers of the Board on request.

(b) When a book of standard sheets has been used by a bookmaker for the recording of bets, he shall retain the same for inspection for twelve months from the last day on which any bet was recorded therein.",

(d) the substitution of the following Regulation for Regulation 6:

"6. Whenever a bookmaker accepts a bet from any person he shall immediately record such bet on a standard sheet in accordance with the provisions of these Regulations and for the purpose of these Regulations a commission received for execution on the racecourse by a bookmaker shall be deemed to be a course bet.",

(e) the substitution of the following paragraph for paragraph (2) of Regulation 7:

"(2) A bookmaker shall enter the number of a race in the appropriate space on the sheet before he records any bet thereon.",

(f) the substitution of the following paragraph for paragraph (3) of Regulation 7:

"(3) A bookmaker shall record the bets accepted by him on a particular race as follows:--

(a) he shall enter across the whole of one column--

(i) the name of any horse on which he accepts one or more normal bets, and

(ii) the names (in order) of any named horses on which he accepts one or more forecast bets;

(b) under the name of the horse or the names of the named horses to which any normal bet of forecast bet relates he shall enter in sub-column (3) the number of units in the bet;

(c) he shall enter in sub-column (4)--

(i) if he is aware that the bet was made by another bookmaker, the name of the other bookmaker, and

(ii) in any other case, either the name of the person making the bet or the number of the ticket issued to him when the bet was made or some other identification whereby it shall be possible for the bookmaker and officials of the Board to identify the person making the bet;

(d) whenever he lays off the whole or a part of any bets accepted by him on a particular horse or particular named horses he shall at once enter in sub-column (3) immediately under the entries relating to such bets the word "off", the amount so laid off and the name of the bookmaker with whom the amount was laid off and a bookmaker may not lay off any amount greater than the total of the bets accepted by him on the particular horse at the time of such laying off.",

(g) the substitution of the following paragraph for paragraph (1) of Regulation 11:

"11. (1) Levies in respect of bets entered into by a bookmaker shall be paid after the bets are so entered into at the next meeting attended or on the basis of certified returns and in accordance with the relevant provisions of these Regulations.",

(h) the substitution of the following paragraph for paragraph (1) of Regulation 12:

"12. (1) Whenever a bookmaker has carried on his business during any week he shall send to the Board certified returns in Forms 4 and 5 of the bets accepted by him during the said week, signed by him and setting out, verifying and certifying the particulars mentioned in the said forms, together with a remittance of the full amount or balance appearing from the said returns to be due by him to the Board for levies on the said bets.",

(i) the substitution of the following paragraphs for paragraph (2) of Regulation 16:

"(2) Subject to the provisions of paragraph (1) of this Regulation and to the provisions of section 23 of the Act, a bookmaker may apply to the Board for a permit to be known as 'a representative permit' for his agent or servant for the performance of any duties imposed on him by these Regulations but in every such case the bookmaker shall be responsible for the payment of all levies and the due and proper performance of such duties.

(3) Where duties imposed by these Regulations are carried out by any person under a representative permit, such person may act only when the bookmaker who has applied for a representative permit is--

(a) attending a racemeeting other than the racemeeting at which a person acting under a representative permit is so acting,

(b) unable to perform his duties due to illness or holidays.",

(j) the substitution of the following paragraphs for paragraphs (1) and (2) of Regulation 19:

"19. (1) The Board may, at its discretion or on application in writing from a bookmaker, approve of a bookmaker for the purposes of these Regulations as and from a specified date.

(2) A bookmaker shall not be approved of by the Board for the purposes of these Regulations unless:--

(a) the bookmaker deposits with the Board such sum as the Board may determine, from time to time, in order to secure persons placing bets with that bookmaker against default or against the said bookmaker's failure to pay the levy due,

(b) the bookmaker enters into and retains in force, with a guarantee body approved by the Board, a security bond for the payment by him of any levies due by him and the approval shall not come into force until such bond has been duly entered into by the bookmaker and the approval shall cease to be in force at any time when no such bond is in force, or

(c) the bookmaker deposits with the Board a sum of money equal to the amount required under a security bond, or

(d) the bookmaker enters into a written guarantee with the Board that before accepting bets at a meeting and subject to the provisions of Regulation 12 of these Regulations, he shall pay to the Board the levy due on the total net value of the bets accepted by him at any previous meeting.".

(k) the addition of the following paragraph to Regulation 19--

"(5) In paragraph (2) (b) of this Regulation a 'guarantee body' means either a bank authorised to carry on banking business under the Central Bank Act, 1971 (No. 24 of 1971), or an insurance company authorised to carry out non-life insurance business under the European Communities (Non-Life) Insurance Regulations, 1976 ( S.I. No. 115 of 1976 ).".

GIVEN under the Official Seal of the Racing Board this 15th day

of September, 1986.

MICHAEL W.J. SMURFIT,

Chairman of the Board.

FRANK SYMTH,

Secretary of the Board.

I hereby consent to the above Regulations.

AUSTIN DEASY,

Minister for Agriculture.

Dated this 18th day of September, 1986.

EXPLANATORY NOTE.

These Regulations come into force on 1st October, 1986 and amend the 1977 Regulations.

They set out the arrangements for the recording of bets, submission of returns and payments of levies to the Racing Board. They also provide for the granting of Permits by the Board for bookmakers' servants or agents and establish a system of bonds or guarantees to secure persons placing bets against default by bookmakers.