S.I. No. 93/1989:

TOTALISATOR (HORSE RACING) REGULATIONS, 1989.

TOTALISATOR (HORSE RACING) REGULATIONS, 1989.

I, ALBERT REYNOLDS, Minister for Finance, in exercise of the powers conferred on me by Section 6 (1) of the Totalisator Act, 1929 (No. 22 of 1929), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Totalisator (Horse Racing) Regulations, 1989.

(2) These Regulations shall come into operation on the 1st day of May, 1989.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. In these Regulations:

"the Act" means the Totalisator Act, 1929 (No. 22 of 1929);

" the Board" means the Racing Board;

"multiple pool" means either--

( a ) a totalisator pool in which more than two races are involved, or

( b ) a totalisator pool which involves the forecasting of the first three or more horses to finish in one or more races;

"race" means a horse race;

"successful ticket" means a totalisator ticket that, in accordance with these Regulations and conditions specified by the Board, entitles its holder to participate in a distribution from a totalisator pool;

"sum" means a sum of money;

"totalisator pool" means the total amount of money staked on the totalisator on the result of a race, combination of results in a race or a combination of races;

"totalisator" means a totalisator set up by the Board under a licence granted under the Act to the Board;

"totalisator ticket" has the meaning assigned to it by Regulation 7(1) of these Regulations;

"racecourse" means an authorised racecourse within the meaning of Section 2 of the Racing Board and Racecourses Act, 1945 (No. 16 of 1945).

4. No person shall wilfully obstruct or interfere with any other person in staking a sum by means of a totalisator.

5. A sum staked on a horse race by means of a totalisator shall not be staked other than at a racecourse.

6. A person employed in or about the working of a totalisator shall not stake any sum by means of the totalisator.

7. (1) Whenever a sum is staked in a totalisator pool, the Board shall, unless the sum is staked on credit, forthwith issue to the person by whom the sum is staked a ticket (in these Regulations referred to as a totalisator ticket).

(2) A totalisator ticket shall have stated thereon--

( a ) its date and place of issue or code marks, identifiable by the Board, to signify such date and place of issue,

( b ) the sum staked, and

( c ) the number or numbers of the race or races and the name or names or number or numbers of the horse or horses, or the number or numbers of the combination or combinations of the horses, or code marks, identifiable by the Board, to signify such combination or combinations, upon which the sum is staked.

(3) ( a ) Subject to subparagraph (b) of this paragraph, a totalisator ticket shall have clearly printed thereon a statement that the ticket is issued subject to regulations made by the Minister under section 6 (1) of the Act and applicable thereto.

( b ) Subparagraph (a) of this paragraph does not apply in relation to a totalisator ticket issued at a place where a notice containing the statement referred to in that paragraph is displayed so as to be clearly visible to and capable of being easily read by persons staking sums by means of a totalisator at that place.

8. A sum staked by means of a totalisator shall not be retracted or withdrawn after the issue from the totalisator of a totalisator ticket in respect of the sum staked.

9. (1) Subject to Regulation 13 (3) of these Regulations, not less than 75 per cent of the amount in a totalisator pool, other than a multiple pool (exclusive of sums that are repayable under paragraph (2) of this Regulation) shall be distributable amongst the holders of successful tickets in respect of the relevant race.

(2) Every sum staked in a totalisator pool, other than a multiple pool, on a horse that has been withdrawn before a fair start has been effected for the event concerned shall be repayable in full.

(3) In case none of the totalisator tickets issued in respect of a sum staked in a totalisator pool, other than a multiple pool, is a successful ticket, every sum staked in the pool shall be repayable in full.

(4) Every sum staked in a totalisator pool, other than a multiple pool, in respect of an event which is declared void, is not held or is postponed to a subsequent day, shall be repayable in full.

10. (1) Subject to Regulation 13 (3) of these Regulations, not less than 75 per cent of the amount in a multiple pool shall be distributable among the holders of successful tickets in respect of the pool.

(2) Subject to the said Regulation 13 (3), where none of the totalisator tickets in respect of a multiple pool is a successful ticket, a sum equal to not less than 75 per cent of the amount in the multiple pool shall be dealt with as follows:

( a ) the whole sum or, in case the Board makes a distribution under subparagraph (b) of this paragraph, the sum remaining after the distribution, shall be carried forward and added, either in whole or in such part as the Board shall determine, to the amount or amounts distributable in respect of a multiple pool or multiple pools at such race meeting or race meetings as the Board shall determine, and

( b ) such portion, if any, of the sum as the Board may determine shall be distributed to the holders of such classes of successful tickets in respect of the pool as the Board shall determine.

(3) Subject to Regulation 11 of these Regulations, a sum staked in a multiple pool shall be repayable only in the circumstances and upon and subject to the conditions specified by the Board under Regulation 14 of these Regulations.

11. Where money is distributable in respect of sums staked in a totalisator pool but, by reason of an act of God or the unlawful act of any person or riot, civil commotion or fire or a strike or a mechanical breakdown of the totalisator or any part thereof, or any other cause it is not possible to ascertain the individual amounts so distributable, the Board may at its discretion either--

( a ) repay to each holder of a totalisator ticket in respect of the pool the sum staked, or

( b ) distribute to each holder of a successful ticket in respect of the pool such amount (in addition to the amount of the sum staked) as it may determine.

12. A sum distributable from a totalisator pool to the holder of a successful ticket shall be calculated in multiples of 10 pence and, where the sum is or includes a fraction of 10 pence, the fraction shall, at the discretion of the Board, either be disregarded or rounded up to 10 pence and distributed to the holder aforesaid.

13. (1) Subject to paragraphs (3) and (4) of this Regulation, any sum distributable from a totalisator pool shall be payable to the holder of the relevant successful ticket or other totalisator ticket, as the case may be, on presentation of the ticket or such other evidence as the Board considers appropriate either--

( a ) at the totalisator from which the ticket was issued on the day on which it was issued while the totalisator is working, or

( b ) on any subsequent day not more than two months after the day aforesaid, at any other race meeting while the totalisator is working or at the offices of the Board during office hours.

(2) Where a sum is distributable in respect of a sum staked by a person on credit by means of a totalisator, then, for the purposes of paragraph (1) of this Regulation and of Regulations 9 and 10 of these Regulations, the person shall be deemed to be the holder of a successful ticket issue in respect of the sum staked.

(3) In case a sum is distributable or repayable from a totalisator pool in respect of a successful ticket or other totalisator ticket and the ticket is not presented for payment in accordance with paragraph (1) of this Regulation, the sum shall, unless it has been paid previously by the Board on evidence of the loss or destruction of the ticket, become the property of the Board on the expiration of the time aforesaid.

(4) In case a sum is distributable or repayable from a totalisator pool in respect of a successful ticket or other totalisator ticket and the ticket is presented for payment in accordance with the said paragraph (1), the Board may, before making any payment on foot of the ticket, require the person presenting it to satisfy it that the ticket is not one that has been lost by or stolen from another person, and in case the Board is not so satisfied, it may refuse to make the payment to the person.

14. (1) The Board may specify in writing conditions upon and subject to which sums staked by means of a totalisator are accepted by it.

(2) Every sum staked by means of a totalisator shall be deemed to be so staked upon and subject to the terms of these Regulations, any other regulations under Section 6 of the Act that are for the time being in force and any conditions under paragraph (1) of this Regulation that are for the time being in force.

(3) The Board shall cause printed copies of these Regulations, any other regulations under Section 6 of the Act that are for the time being in force and any conditions under paragraph (1) of this Regulation that are for the time being in force to be made available on request for inspection at the offices of the Board and at every totalisator of the Board.

15. The Totalisator (Horse Racing) Regulations, 1971 ( S.I. No. 57 of 1971 ), the Totalisator (Horse Racing) (Amendment) Regulations, 1971 ( S.I. No. 274 of 1971 ), the Totalisator (Horse Racing) (Amendment) Regulations, 1981 ( S.I. No. 160 of 1981 ), and the Totalisator (Horse Racing) (Extended Forecast) Regulations, 1984 ( S.I. No. 275 of 1984 ), are hereby revoked.

GIVEN under my Official Seal, this 26th day of April 1989.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

These regulations replace the Totalisator (Horse Racing) Regulations 1971 as the regulations which govern the operation of totalisators at racecourses. They permit the Racing Board to operate a computerised totalisator service. They also extend the definition of a "multiple pool" and a "successful ticket" as well as providing for the display of notices at all points of sale.