Garda Síochána (Functions and Operational Areas) Act 2022

Additional transitional provisions relating to amendment of Betting Act 1931 by section 4(1)

16. (1) Where, before the date on which this section comes into operation, an application for a certificate of personal fitness was made to the Superintendent for a Garda district under section 4 of the Act of 1931, then on or after that date—

(a) the Inspector of the Garda Síochána referred to in subsection (1)(a), (1)(b), (2)(a) or (2)(b), as the case may be, of section 4 of the Act of 1931 shall, where required for the purposes of the application of section 4(5) of that Act, be deemed to be the person to whom the application concerned referred to in that section was made, and

(b) the Inspector of the Garda Síochána referred to in subsection (1)(a), (1)(b), (2)(a) or (2)(b), as the case may be, of section 4 of the Act of 1931 shall, where required for the purposes of the application of section 4(6) of that Act, be deemed to be the person to whom the application concerned referred to in that section was made.

(2) On or after the date on which this section comes into operation, any legal proceedings (civil or criminal) in respect of a right, privilege, obligation or liability acquired, accrued or incurred under, or an offence against or contravention of, the Act of 1931 before that date may be instituted, continued or enforced, and any penalty, forfeiture or punishment in respect of such offence or contravention may be imposed and carried out, as if the Act of 1931 had not been amended by this Act.

(3) Where, before the date on which this section comes into operation, a Superintendent has made a decision in relation to an application for a certificate of personal fitness but has not notified the Revenue Commissioners in accordance with section 4(10) of the Act of 1931 before that date, the said section 4(10) shall, on or after that date, be construed as if the Inspector referred to in that section had made the decision and he or she may so notify the Revenue Commissioners accordingly.

(4) On or after the date on which this section comes into operation, a reference in paragraph (b), (c) or (d) of section 5B(2) of the Act of 1931 to a refusal by an Inspector of the Garda Síochána concerned shall include a reference to a refusal by the Superintendent of the Garda Síochána concerned within the meaning of that Act before that date.

(5) On or after the date on which this section comes into operation, a reference in section 5C(1)(b) of the Act of 1931 to information provided to an Inspector of the Garda Síochána shall include a reference to information provided to a Superintendent of the Garda Síochána before that date.

(6) On or after the date on which this section comes into operation, a reference in section 10(4) of the Act of 1931 to the receipt by an inspector of the Garda Síochána of an application shall include a reference to receipt by a superintendent of the Garda Síochána of an application before that date.

(7) On or after the date on which this section comes into operation, a reference in section 11(1)(mm) of the Act of 1931 to notification by the Revenue Commissioners of an Inspector of the Garda Síochána in the Garda Síochána division in which the premises referred to in that section are situate shall include a reference to notification by the Revenue Commissioners before that date of the Superintendent of the Garda Síochána for the district in which the relevant premises were situate.

(8) In this section “Act of 1931” means the Betting Act 1931 .