S.I. No. 212/1961 - Periodical Lotteries Regulations, 1961.

S.I. No. 212 of 1961.

PERIODICAL LOTTERIES REGULATIONS, 1961.

I, DANIEL COSTIGAN, Commissioner of the Garda Síochána, in exercise of the powers conferred on me by section 50 of the Gaming and Lotteries Act, 1956 (No. 2 of 1956), and with the consent of the Minister for Justice, hereby make the following regulations:

1. (1) These Regulations may be cited as the Periodical Lotteries Regulations, 1961.

(2) These Regulations shall come into force on the 1st day of December, 1961.

2. (1) The licensee under a lottery licence shall, in relation to each lottery of each series of lotteries conducted under the licence, being a lottery beginning after the commencement of these Regulations, keep records containing the following information:—

(a) the date on which the results of the lottery are determined,

(b) particulars of each prize presented to the licensee, including the value of any such prize which is not a sum of money,

(c) the total nominal value of tickets or codes included in the lottery,

(d) the total amount of money received (after deduction of commission including free entries for the lottery) from the sale of tickets or codes included in the lottery,

(e) the total amount of commission (including free entries for the lottery) received by agents and sellers,

(f) the name and address of each prize-winner (with any nom-de-plume), his code number or the serial number of his ticket, particulars of the prize won, including the value of the prize if it is not a sum of money, the date of payment or presentation of the prize and, if a money prize, the manner of payment, whether by cheque, money-order, postal order or as the case may be,

(g) the name and address of each seller or agent who wins a seller's prize, particulars of the prize won, including the value of the prize if it is not a sum of money.

(2) Where an entry is to be made in records kept under this Regulation by the licensee under a lottery licence, he shall make the entry during the period of fourteen days beginning on the day of completion of the transaction to which the entry relates.

(3) Where the licensee under a lottery licence keeps records under this Regulation, he shall preserve the records until the expiration of two years from the date of the expiry of the licence.

(4) The licensee under a lottery licence shall, in relation to any winner who cannot be traced of a prize in a lottery conducted under the licence, being a lottery beginning after the commencement of these Regulations, preserve the records relating to that winner until the prize has been paid or presented to that winner or until the prize has been otherwise disposed of.

3. (1) The licensee under a lottery licence shall, with respect to each prize (including a seller's prize) to the value of more than one pound paid or presented in relation to a lottery conducted under the licence, being a lottery beginning after the commencement of these Regulations, obtain a receipt for the prize from its winner and shall preserve the receipt until the expiration of two years from the date of the expiry of the licence.

(2) A cheque which appears on its face to have been paid by the banker on whom it is drawn shall be deemed, for the purposes of this Regulation, to be a receipt.

4. (1) The licensee under a lottery licence shall, in relation to each series of lotteries conducted under the licence, being a series beginning after the commencement of these Regulations, keep—

(a) accounts of expenses under the following headings:—

(i) salaries, wages and emoluments other than commission,

(ii) rent and rates,

(iii) lighting and heating,

(iv) printing and stationery,

(v) postage,

(vi) expenses other than commission, salaries, wages and emoluments, rent, rates, lighting, heating, printing, stationery and postage;

(b) an account of the total amount of commission (including any free entries for the lotteries) received by agents and sellers; and

(c) an account of the sum of money made available, before payment of income tax, if any, as a result of the series of lotteries, to the charitable or philanthropic purpose or purposes for the benefit of which the series was promoted.

(2) Where the licensee under a lottery licence keeps accounts under this Regulation, he shall preserve the accounts until the expiration of two years from the date of the expiry of the licence.

5. The licensee under a lottery licence shall, in relation to each lottery of each series of lotteries conducted under the licence, being a lottery beginning after the commencement of these Regulations, furnish, during the period beginning on the day on which the results of the lottery are determined and ending at noon on the seventh day after that day, to the Superintendent of the Garda Síochána for the district in which the lottery is organised, a return signed by the licensee or a person nominated by him for that purpose identifying the lottery and showing—

(a) the name and address (with any nom-de-plume) of each person who won a prize (other than a seller's prize) giving in each case—

(i) particulars of the prize won, including its value if it is not a sum of money, and

(ii) the serial number of the ticket or the code number of the prize-winner; and

(b) the total value of all prizes (including sellers' prizes) won or awarded,

and shall furnish to the Superintendent, as soon as it has been ascertained, a return, signed by the licensee or a person nominated by him for that purpose, showing the name and address of any prize-winner (including a prize-winner to whom a nom-de-plume relates) whose name and address was not traced during the period aforesaid or, if, after due inquiries the name and address cannot be traced, shall furnish to the Superintendent a return, signed by the licensee or a person nominated by him for that purpose, showing the precise manner of disposal of the prize.

6. (1) Where a series of lotteries, being a series beginning after the commencement of these Regulations, conducted under a lottery licence ends before the expiration of the period of the licence, the licensee under the licence shall, during the period beginning on the day on which the results of the last lottery of the series are determined and ending on the thirtieth day after that day, furnish, to the Superintendent of the Garda Síochána for the district in which the series was organised, a return signed by the licensee or a person nominated by him for that purpose, identifying the series and showing the matters specified in paragraph (3) of this Regulation.

(2) Where a series of lotteries, being a series beginning after the commencement of these Regulations, conducted under a lottery licence does not end before the expiration of the period of the licence, the licensee under the licence shall, during the period beginning on the last day of the period of the licence and ending on the thirtieth day after that day, furnish to the Superintendent of the Garda Síochána for the district in which the series is organised, a return signed by the licensee or a person nominated by him for that purpose identifying the series and showing, in relation to the year ending on the last day of the period of the licence or, where the series of lotteries has been conducted during part only of that year, in relation to that part, the matters specified in paragraph (3) of this Regulation.

(3) The matters referred to in paragraphs (1) and (2) of this Regulation are:—

(a) the expenses of the series under the following headings:

(i) commission (including the value of free entries for the lotteries),

(ii) salaries, wages and emoluments other than commission,

(iii) rent and rates,

(iv) lighting and heating,

(v) printing and stationery,

(vi) postage,

(vii) expenses other than commission, salaries, wages and emoluments, rent, rates, lighting, heating, printing, stationery and postage;

(b) the total nominal value of the tickets or codes included in the series of lotteries and the percentage thereof which the total expenses represent;

(c) the total value of any prizes presented to the licensee, the name and address of each donor, particulars of the prize presented by him, including its value if it is not a sum of money;

(d) the total of the money prizes (other than sellers' prizes) won during the series;

(e) the total value of non-money prizes (other than sellers' prizes) won during the series;

(f) particulars of any prizes (other than sellers' prizes) won during the series which, on the day on which the return is furnished, have not been paid or presented to the winners and the reasons why they have not been so paid or presented;

(g) the total value of the sellers' prizes won by sellers or agents during the series under the headings—

(i) money prizes, and

(ii) non-money prizes;

(h) the sum of money made available, before payment of income tax, if any, as a result of the series of lotteries, to the charitable or philanthropic purpose for the benefit of which the series was promoted or, if the series was promoted for the benefit of two or more such purposes, the sum of money so made available to each of them, before payment of income tax, if any,

(i) details of the manner in which the sum of money made available before payment of income tax, if any, as a result of the series of lotteries has been or will be disposed of, including the names and addresses of persons to whom payments have been made or will be made and the amount paid or proposed to be paid to each person.

(4) Where the entire sum of money made available, before payment of income tax, if any, as a result of the series of lotteries has not been finally disposed of when the return required by the preceding paragraphs of this Regulation is being furnished, the licensee shall, as soon as may be, furnish to the Superintendent of the Garda Síochána for the district in which the series was organised a return signed by the licensee or a person nominated by him for that purpose giving the manner in which the entire sum is finally disposed of, the names and addresses of the persons to whom the money was paid and the amount paid to each person.

7. The licensee under a lottery licence shall furnish to the Superintendent of the Garda Síochána for the district in which a lottery conducted by him under the licence is licensed or organised, within fourteen days after demand therefor has been made on him by registered post, a return signed by the licensee or a person nominated by him for that purpose, giving any specified information relating to any account or record which he is required by these Regulations to keep.

8. A person furnishing a return pursuant to these Regulations shall certify in the return that its contents are true and accurate.

GIVEN under my hand this 22nd day of September, 1961.

(Signed) D. COSTIGAN,

Commissioner of the Garda Síochána.

The Minister for Justice consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Justice, this 22nd day of September, 1961.

(Signed) PETER BERRY,

A person authorised under section 15 (1) of the Ministers and Secretaries Act,

1924, to authenticate the seal of the Minister.

EXPLANATORY NOTE.

These Regulations provide that a person promoting periodical lotteries under District Court licence must keep certain specified accounts and other records in relation to the lotteries and must furnish certain specified returns and information relating thereto to the Superintendent of the Garda Síochána for the district in which the lotteries are organised.