S.I. No. 49/1926 - Betting Act (District Court and Garda Síochána) Regulations, 1926.
STATUTORY RULES AND ORDERS. 1926. No. 49. | ||
BETTING ACT (DISTRICT COURT AND GARDA SIOCHANA) REGULATIONS, 1926. | ||
WHEREAS by Section 28, Sub-Section (2) of the Betting Act, 1926 , it is enacted that the Minister for Justice may by order make regulations prescribing any matter or thing relating to members of the Gárda Síochána or the District Court which is in the Act referred to as prescribed or to be prescribed : | ||
NOW I, Caoimhghin O hUigin, Minister for Justice, by virtue of the powers conferred upon me by Section 28, Sub-Section (2) of the Betting Act, 1926 , and of all other powers enabling me in this behalf do hereby order that 1. Any person desiring to obtain a certificate of personal fitness shall make an application in writing therefor, which shall be in accordance with such modification of Form I in the schedule hereto as may be suitable. The application form may be obtained from any Sergeant of the Gárda Síochána and when completed by the applicant and signed by two Peace Commissioners for the district in which the applicant resides shall be lodged by the applicant with the Sergeant of the Gárda Síochána for the sub-district in which the applicant proposes to have an office registered under the Betting Act, 1926 , or if the applicant does not propose to have any such office with the Sergeant of the Gárda Síochána for the sub-district in which the applicant resides. Upon receiving such an application a Sergeant of the Gárda Síochána shall forward it to the Superintendent of the Gárda Síochána for the district. 2. A certificate of personal fitness to be given by a Superintendent of the Gárda Síochána shall be in accordance with such modification of Form II in the schedule hereto as may be suitable. 3. Where a Superintendent sees fit to refuse to grant to an applicant a certificate of personal fitness he shall cause a notice of such refusal, which shall be in accordance with such modification of Form III in the Schedule hereto as may be suitable to be delivered to such applicant. 4. Any person desiring to obtain a certificate of suitability of premises shall make an application in writing therefor, which shall be in accordance with such modification of Form IV in the schedule hereto as may be suitable. The application form may be obtained from any Sergeant of the Gárda Síochána and when completed by the applicant and signed by two Peace Commissioners for the district in which the applicant resides shall be lodged by the applicant with the Sergeant of the Gárda Síochána for the sub-district in which the premises are situate. Upon receiving such an application a Sergeant of the Gárda Síochána shall forward it to the Superintendent of the Gárda Síochána for the district. 5. The certificate of suitability of premises to be given by a Superintendent of the Gárda Síochána shall be in accordance with such modification of Form V in the schedule hereto as may be suitable. 6. Where a Superintendent of the Gárda Síochána sees fit to refuse to grant the applicant a certificate of suitability of premises he shall cause to be delivered to the applicant a notice of such refusal which shall be in accordance with such modification of Form III in the schedule hereto as may be suitable. 7. Where a Superintendent of the Gárda Síochána is required to state the grounds upon which he has refused either a certificate of personal fitness or a certificate of suitability of premises he shall cause to be delivered to the applicant a statement in writing of such grounds, which shall be in accordance with such modification of Form VI in the schedule hereto as may be suitable. 8. Every appeal by a person to the District Court from a refusal of a Superintendent of the Gárda Síochána to grant a certificate of personal fitness or a certificate of suitability of premises shall be by notice signed by the party appealing, which shall be in accordance with such modification of Form VII in the schedule hereto as may be suitable. An appeal from a refusal to grant a certificate of personal fitness shall be to the Court for the Court area for the hearing of cases of summary jurisdiction in which the premises which the appellant proposed in his application to have registered as an office under the Betting Act, 1926 , are situate, or if the appellant shall not have proposed to have any such office to the Court for the Court Area for the hearing of cases of summary jurisdiction in which the appellant resides. An appeal from a refusal to grant a certificate of suitability of premises shall be to the Court for the Court Area for the hearing of cases of summary jurisdiction in which the premises are situate. The notice of appeal shall be lodged with the District Court Clerk and shall be served on the Superintendent of the Gárda Síochána from whose refusal the appeal is taken and on the Revenue Commissioners seven days at least before the sitting of the District Court to which the appeal has been taken. 9. Service of such notice shall be effected on the Superintendent of the Gárda Síochána by leaving same with any member of the Gárda Síochána in the Gárda station in which such Superintendent has his office and on the Revenue Commissioners by transmitting same by post addressed to the Secretaries' Office, Revenue Commissioners, Dublin Castle. Proof of such service shall be by statutory declaration made before any Justice or Peace Commissioner or Commissioner for Oaths. Such statutory declaration shall be lodged with the District Court Clerk. 10. These regulations may be cited as The Betting Act (District Court and Gárda Síochána) Regulations, 1925. | ||
Given under my seal of office this Fourth day of | ||
September, 1926. | ||
C. O hUIGIN, | ||
Aire Dlí agus Cirt. | ||
I. | ||
SAORSTÁT EIREANN. | ||
APPLICATION FOR A CERTIFICATE OF PERSONAL FITNESS. | ||
I ............................................................ ................., having inserted an advertisement in (two papers) ............................................................ ......... dated the ...... day of ...................19 ....and..........day of ............................ 19.., respectively, of my intention to make this application, copies of which are attached, hereby apply to you for a certificate that I am a proper person to have a bookmaker's licence. | ||
I propose to have an office registered under the Betting Act, 1926 , at ............................ | ||
Dated this .................... day of ................................. 19 .... | ||
Signed ............................................................ . | ||
To the Superintendent, Gárda Síochána | ||
at ........................................................... | ||
We, the undersigned, being two Peace Commissioners for the district in which the above-named .................................................... resides, hereby signify our approval of the above application. | ||
Signed ..................................................... | ||
................................................ | ||
Peace Commissioners. | ||
II. | ||
SAORSTÁT EIREANN. | ||
CERTIFICATE OF PERSONAL FITNESS. | ||
I, ............................................................ ..........., a Superintendent of the Gárda Síochána for the district in which ............................................ proposes to have an office registered under this Act (or resides), hereby certify that the said ............................... is a fit and proper person to have a bookmaker's licence. | ||
Dated this .......... day of ........................................... 19 .... | ||
Signed ............................................................ | ||
Superintendent, Gárda Síochána. | ||
N.B.—This Certificate, together with the attached form of application for Bookmaker's Licence, duly completed, should be forwarded by the person to whom it is issued to the Collector of Customs and Excise for the area in which the applicant resides. | ||
III. | ||
SAORSTÁT EIREANN. | ||
NOTICE OF REFUSAL. | ||
Take Notice that your application for a Certificate of personal fitness (or a certificate of suitability of premises as the case may be) has been refused, and that within six days from this day you may on demand obtain from me a statement in writing of the grounds upon which I have refused your application. Within twenty-one days from receiving such statement you may appeal in the prescribed form to the District Court from such refusal. | ||
Dated this ............ day of .................................................. 19 .... | ||
Signed....................................................... | ||
Superintendent,Gárda Síochána. | ||
IV. | ||
SAORSTÁT EIREANN. | ||
APPLICATION FOR CERTIFICATE OF SUITABILITY OF PREMISES. | ||
I, ............................................................ ............... having inserted an advertisement in (two papers) .................................................. dated the ...... day of ............................ 19 .... and ...... day of ................................. 19 ..... respectively of my intention to make this application, copies of which are attached, and being a licensed bookmaker (or the holder of a certificate of personal fitness) hereby apply to you for a certificate that the premises (description) ............................................................ .. of which I am the proprietor, situate at ...................... are suitable for registration in the register of bookmaking offices. | ||
Dated this ............. day of ................................ 19 .... | ||
Signed .................................................... | ||
To the Superintendent, Gárda Síochána, | ||
at ............................................ | ||
We, the undersigned, being two Peace Commissioners for the district in which the above-named ................................................... resides hereby testify our approval of this application. | ||
Signed .................................................... | ||
.................................................... | ||
Peace Commissioners. | ||
V. | ||
SAORSTÁT EIREANN. | ||
CERTIFICATE OF SUITABILITY OF PREMISES. | ||
I, ............................................................ ..........., Superintendent of the Gárda Síochána for the district in which the premises ................................................. are situate hereby certify that the said premises in which .............................................. proposes to carry on the business of a bookmaker and of which the said ........................................ is the proprietor, are suitable for registration in the register of bookmaking offices. | ||
Dated this ............... day of ................................. 19 .... | ||
Signed ........................................................ | ||
Superintendent, Gárda Síochána. | ||
N.B.—This certificate, together with the attached form of application for Registration of premises, duly completed, should be forwarded by the person to whom it is issued to the Collector of Customs and Excise, for the area in which the premises are situate. | ||
VI. | ||
SAORSTÁT EIREANN. | ||
STATEMENT IN WRITING OF GROUNDS OF REFUSAL. | ||
I, ............................................................ ........., Superintendent of the Gárda Síochána, hereby certify that I have refused the application of ....................................... for a certificate of personal fitness (or a certificate of suitability of premises) on the following grounds, namely, ......................................... | ||
Dated this .................. day of ............................. 19 ...... | ||
Signed ......................................................... | ||
Superintendent, Gárda Síochána. | ||
VII. | ||
SAORSTÁT EIREANN. | ||
NOTICE OF APPEAL. | ||
Take Notice that I,............................................................ ........, being aggrieved by the refusal of the Superintendent of the Gárda Síochána at..........................................to grant to me a Certificate of Personal Fitness (or a Certificate of Suitability of Premises as the case may be) hereby appeal from such refusal to the District Court to be held on the............. day of............................19........ | ||
Dated this ............... day of ................................... 19 ...... | ||
Signed ............................................................ . | ||
To the District Court Clerk at ............................................................ ... | ||
To the Superintendent, Gárda Síochána at ............................................. | ||
To the Revenue Commissioners, Dublin Castle. |