S.I. No. 81/1931 - Betting Act (District Court and Garda Síochána) Regulations, 1931.

STATUTORY RULES AND ORDERS. 1931. No. 81.

BETTING ACT (DISTRICT COURT AND GARDA SIOCHANA) REGULATIONS, 1931.

WHEREAS by Section 35, sub-section (1), of the Betting Act, 1931 , it is enacted that the Minister for Justice may by order make regulations prescribing any matter or thing relating to the District Court, members of the Gárda Síochána, or the Minister for Justice which is in the said Act referred to as prescribed or to be prescribed :

NOW I, JAMES FITZGERALD-KENNEY, Minister for Justice, by virtue of the powers conferred upon me by Section 35, sub-section (1) of the Betting Act, 1931 , and of all other powers enabling me in this behalf, do hereby order that :—

1. Any person who is ordinarily resident in Saorstát Eireann and desires to obtain a certificate of personal fitness shall make an application in writing therefor, which shall be in Form I in the Schedule hereto or in such modification thereof 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, 1931 , 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 Form III in the Schedule hereto or in such modification thereof 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 Form V in the Schedule hereto or in such modification thereof as may be suitable to be delivered to such applicant.

4. Any person who is ordinarily resident outside Saorstát Eireann and desires to obtain a certificate of personal fitness shall make an application in writing therefor, which shall be in Form II in the Schedule hereto or in such modification thereof as may be suitable. The application Form may be obtained from the Department of Justice, and when completed by the applicant shall be forwarded to the Minister for Justice.

5. Certificates of personal fitness granted by the Minister for Justice to persons who are ordinarily resident outside Saorstát Eireann shall be in Form IV in the Schedule hereto or in such modification thereof as may be suitable.

6. Any person desiring to obtain a certificate of suitability of premises shall make an application in writing therefor, which shall be in Form VI in the Schedule hereto or in such modification thereof 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 premises are situate, 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.

7. The certificate of suitability of premises to be given by a Superintendent of the Gárda Síochána shall be in Form VII in the Schedule hereto or in such modification thereof as may be suitable.

8. 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 Form V in the Schedule hereto or in such modification thereof as may be suitable.

9. 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 Form VIII in the Schedule hereto or in such modification thereof as may be suitable.

10. 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 Form IX in the Schedule hereto or in such modification thereof 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, 1931 , 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.

11. 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.

12. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

13. These regulations may be cited as The Betting Act (District Court and Gárda Síochána) Regulations, 1931.

Given under My Seal of Office, this 23rd day of

November, 1931.

(Signed), JAMES FITZGERALD-KENNEY,

Aire Dli agus Cirt.

(Signed), S. A. ROCHE.

I.

SAORSTÁT EIREANN.

BETTING ACT, 1931 .

APPLICATION FOR A CERTIFICATE OF PERSONAL FITNESS.

(From a person ordinarily resident in Saorstát Eireann).

Signed............................................................ ............

............................................................ .......

Peace Commissioners.

II.

SAORSTÁT EIREANN.

BETTING ACT, 1931 .

APPLICATION FOR A CERTIFICATE OF PERSONAL FITNESS

(From a person who is ordinarily resident outside Saorstát Eireann).

III.

SAORSTÁT EIREANN.

BETTING ACT, 1931 .

CERTIFICATE OF PERSONAL FITNESS

(For a person who is ordinarily resident in Saorstát Eireann).

Dated this............day of..................................................19......

N.B.—This Certificate, together with the attached form of application for Bookmaker's Licence, duly completed, should be forwarded within twenty-one days to the Collector of Customs and Excise for the area in which the applicant resides.

IV.

SAORSTÁT EIREANN.

BETTING ACT, 1931 .

CERTIFICATE OF PERSONAL FITNESS.

(For a person who is ordinarily resident outside Saorstát Eireann).

N.B.—This certificate, together with the attached form of application for a Bookmaker's Licence, duly completed, should be forwarded within twenty-one days to the Revenue Commissioners, Dublin Castle, Dublin.

V.

SAORSTÁT EIREANN.

BETTING ACT, 1931 .

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 applications 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.

VI.

SAORSTÁT EIREANN.

BETTING ACT, 1931 .

APPLICATION FOR CERTIFICATE OF SUITABILITY OF PREMISES.

Dated this............day of.............................. 19......

To the Superintendent, Gárda Síochána,

at.......................................

We, the undersigned, being two Peace Commissioners for the district in which the above-named premises are situate, hereby testify our approval of this application.

VII.

SAORSTÁT EIREANN.

BETTING ACT, 1931 .

CERTIFICATE OF SUITABILITY OF PREMISES.

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.

VIII.

SAORSTÁT EIREANN.

BETTING ACT, 1931 .

STATEMENT IN WRITING OF GROUNDS OF REFUSAL.

Dated this.............day of ....................................19.........

IX.

SAORSTÁT EIREANN.

BETTING ACT, 1931 .

NOTICE OF APPEAL.

Dated this.........day of...............................19......

To the District Court Clerk at............................................................ ....................

To the Superintendent, Gárda Síochána at............................................................ 

To the Revenue Commissioners, Dublin Castle.