S.I. No. 57/1971:

TOTALISATOR (HORSE RACING) REGULATIONS, 1971.

TOTALISATOR (HORSE RACING) REGULATIONS, 1971.

I, SEOIRSE Ó COLLA, 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, 1971.

(2) These Regulations shall come into operation on the 15th day of February, 1971.

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;

"double event" means an event in which two horse races are involved;

"multiple event" means an event in which more than three horse races are involved;

"single event" means an event in which only one horse race is involved;

"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.

4. No person shall wilfully obstruct or interfere with any other person in staking money 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 by means of a totalisator, 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) Whenever a person with whom the Board has entered into an agreement to accept bets on credit stakes a sum on credit by means of a totalisator, the person shall give to the Board a statement containing the following particulars, namely--

(a) the number of the horse and the number of the race upon which the sum is staked, and

(b) the sum staked.

(3) Every totalisator ticket issued in respect of a single event 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 of the race and the name or number of the horse or the numbers of the combination of horses or code marks, identifiable by the Board, to signify such combination upon which the sum is staked.

(4) Every totalisator ticket issued in respect of a double event 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) in case the ticket is issued in respect of the first relevant race, the sum staked,

(c) the number of whichever of the relevant races is the race in respect of which it is issued, and

(d) the name or number of the horse in respect of which it is issued.

(5) Every totalisator ticket issued in respect of a multiple event 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 numbers of the races comprised in the multiple event or code marks, identifiable by the Board, to signify the numbers of such races,

and shall also have

(d) one or more blank spaces in which the holder may nominate his selections, and

(e) a counterfoil attached thereto.

(6) Every totalisator ticket issued by the Board shall, in addition to complying with the appropriate requirements of this regulation, have a statement clearly printed thereon stating that the ticket is issued subject to the regulations made by the Minister under section 6 (1) of the Act and applicable thereto.

8. A stake made 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 stake.

9. (1) Subject to Regulation 14 (3) of these Regulations, not less than eighty per cent of the total amount staked by means of a totalisator in respect of a single event (exclusive of sums so staked which are repayable under paragraph (2) of this regulation) shall be distributable amongst the holders of successful totalisator tickets issued from the totalisator in respect of the relevant race.

(2) Every sum staked by means of a totalisator in respect of a single event on a horse which has been withdrawn before a fair start has been effected for the event shall be repayable in full.

(3) In case none of the totalisator tickets issued from a totalisator in respect of a single event is a successful ticket, every sum staked by means of the totalisator in respect of the event shall be repayable in full.

(4) Every sum staked by means of a totalisator in respect of a single event which is declared void, or is not held or is postponed to a subsequent race meeting, shall be repayable in full.

10. (1) Subject to Regulation 14 (3) of these Regulations, not less than eighty per cent of the total amount staked by means of a totalisator in respect of a double event (exclusive of sums so staked which are repayable under this regulation) shall be distributable among the holders of successful totalisator tickets issued from such totalisator in respect of the double event.

(2) Where there are no successful totalisator tickets issued from a totalisator in respect of a double event every sum staked by means of the totalisator on the double event shall, subject to paragraph (4) of this regulation, be repayable in full.

(3) If the first relevant race involved in a double event is declared void, or is not held or is postponed to a subsequent race meeting, every sum staked by means of a totalisator on the double event shall be repayable in full.

(4) If the second relevant race involved in a double event is declared void, or is not held or is postponed to a subsequent race meeting, or where none of the totalisator tickets issued from a totalisator in respect of a double event is, as regards the second relevant race, a successful ticket, the successful tickets in respect of the first relevant race shall be regarded as being successful totalisator tickets in respect of the double event.

(5) In case a sum is staked by means of a totalisator on a double event and the totalisator ticket issued in respect of such sum is--

(a) a successful totalisator ticket in respect of the first relevant race involved in the double event, and

(b) is not exchanged for a ticket in respect of the second relevant race, the sum shall be repayable in full.

(6) Every sum staked by means of a totalisator in respect of a double event on a horse which has been withdrawn from either of the races involved in the double event before a fair start has been effected shall be repayable in full.

11. (1) Subject to Regulation 14 (3) of these Regulations, not less than eighty per cent of the total amount staked by means of a totalisator in respect of a multiple event shall be distributable among the holders of counterfoils of successful totalisator tickets issued in respect of the multiple event.

(2) Where none of the totalisator tickets issued in respect of a multiple event is a successful ticket, a sum equal to not less than eighty per cent of the total amount staked by means of a totalisator in respect of the multiple event shall be carried forward and added, either in whole or in such parts as the Board shall determine, to the amount or amounts distributable at such subsequent multiple event or events, at such racecourse or racecourses, as the Board shall determine.

(3) In this regulation any reference to a successful totalisator ticket shall be construed as a reference to a ticket containing one or more correct combinations.

(4) No sum staked by means of a totalisator in respect of a multiple event shall be repayable.

12. Where money is distributable in respect of sums staked by means of a totalisator but by reason of an act of God, unlawful act of any person, riot, civil commotion, fire, strike, mechanical breakdown of the totalisator or any part thereof, or any other cause it is not possible to ascertain the individual amounts so distributable, a sum staked by means of the totalisator and in respect of which it is not possible to ascertain such amount shall, notwithstanding anything contained in these Regulations, be repayable in full.

13. Every amount distributable in respect of a successful totalisator ticket shall be calculated in multiples of two new pence and for that purpose every fraction of two new pence shall, as the Board may in its absolute discretion think proper in respect of each such fraction, either be rounded up to the next multiple of two new pence or be disregarded.

14. (1) Subject to paragraphs (3) and (4) of this regulation, any money distributable or repayable in respect of a sum staked by means of a totalisator shall be payable to the holder of the relevant successful totalisator ticket either at the totalisator from which that ticket was issued, while the totalisator is working on the day of issue, or at the offices of the Board during office hours on any subsequent day not more than one month after the day of issue.

(2) In case money is distributable in respect of a sum staked by a person on credit by means of a totalisator the following provisions shall apply--

(a) 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 totalisator ticket issued in respect of the sum, and

(b) for the purposes of Regulation 11 of these Regulations, the person shall be deemed to be the holder of the counterfoil of a successful totalisator ticket issued in respect of the sum.

(3) In case money is distributable or repayable in respect of a sum staked by means of a totalisator and the relevant successful totalisator ticket is not presented for payment at the place prescribed and within the time limited by paragraph (1) of this regulation, such money shall, unless it has been previously paid by the Board on evidence of the loss or destruction of such ticket, become the property of the Board at the expiration of the said time so limited.

(4) In case money is distributable or repayable in respect of a sum staked by means of a totalisator and the relevant successful totalisator ticket is presented for payment, the Board may before making any payment on foot of the ticket require the person presenting the ticket to satisfy them that the ticket is neither a lost nor stolen ticket, and in case the Board is not so satisfied, they may refuse to make any such payment to the person.

(5) Save where the context otherwise requires, each of the references in this regulation to a totalisator ticket shall be construed as including a reference to a totalisator ticket counterfoil.

15. The Board shall cause printed copies of these Regulations and of any conditions subject to which sums staked by means of a totalisator are accepted by the Board to be made available on request at every totalisator and every sum staked by means of a totalisator shall be deemed to be so staked subject to and on the terms of these Regulations and those conditions so far as they are relevant.

16. The Regulations specified in the Schedule to these Regulations are hereby revoked.

SCHEDULE

The Totalisator Regulations, 1930.

The Totalisator (Double Event) Regulations, 1935 (S. R. & O., No. 26 of 1936).

The Totalisator (Amendment) Regulations, 1938 (S. R. & O., No. 134 of 1938).

The Totalisator Regulations, 1944 (S. R. & O., No. 195 of 1944).

The Totalisator (Amendment) Regulations, 1956 ( S.I. No. 146 of 1956 ).

The Totalisator (Multiple Event) Regulations, 1966 ( S.I. No. 7 of 1966 ).

The Totalisator (Multiple Event) (Amendment) Regulations, 1966 ( S.I. No. 151 of 1966 ).

The Totalisator (Amendment) Regulations, 1967 ( S.I. No. 58 of 1967 ).

The Totalisator (Amendment) Regulations, 1968 ( S.I. No. 142 of 1968 ).

GIVEN under my Official Seal, this 12th day of February, 1971.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE

This Instrument sets out the regulations applicable to the working of totalisators at racecourses. It replaces, with minor amendments, nine previous Regulations which are now being revoked.