S.I. No. 72/2002 - Totalisator (Horse Racing) Regulations 2002

I, Charlie McCreevy, 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. These Regulations may be cited as the Totalisator (Horse Racing) Regulations 2002.

2. The Interpretation Act 1937 (No. 38 of 1937) applies to these Regulations.

3. (1) In these Regulations:

“Act” means Totalisator Act 1929 (No. 22 of 1929);

“multiple pool” means a totalisator pool -

(a) in which more than 2 races are involved,

(b) which involves the forecasting of the first 3 or more horses to finish in one or more races, or

(c) which involves the forecasting of the first and second horse to finish in correct order in a race, known as an exacta pool;

“race” means a horse race;

“racecourse” means an authorised racecourse (within the meaning of the Irish Horseracing Industry Act 1994 (No. 18 of 1994));

“successful ticket” means a totalisator ticket that, in accordance with these Regulations and conditions specified by the Tote, entitles its holder to participate in a distribution from a totalisator pool;

“sum” means a sum of money;

“totalisator” means a totalisator set up, maintained and worked by the Tote under a licence granted under section 3 of the Act to the Tote;

“totalisator pool” means the total amount of money staked on the totalisator on the result of a race, combination of results in a race or a combination of races;

“totalisator ticket” has the meaning assigned to it by Regulation 6(1).

“Tote” means Tote Ireland Limited during such period that it holds a licence under section 3 of the Act to set up, maintain and work a totalisator.

(2) In these Regulations -

(a) a reference to Regulation is to a Regulation of these Regulations unless it is indicated that reference to some other Regulations is intended, and

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

4. A person shall not wilfully obstruct or interfere with any other person in staking a sum by means of a totalisator.

5. A person employed in or about the working of a totalisator shall not stake any sum by means of the totalisator.

6. (1) Whenever a sum is staked in a totalisator pool, the Tote 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) A totalisator ticket shall have stated on it -

(a) (i) the date and place of issue, or

(ii) code marks which enable the Tote to identify the date and place of issue,

of the ticket,

(b) the sum staked, and

(ii) code marks which enable the Tote to identify a combination of horses,

upon which the sum is staked.

(3) (a) Subject to subparagraph (b), a totalisator ticket shall have clearly printed on it a statement that the ticket is issued subject to these Regulations and any other regulations made by the Minister under section 6(1) of the Act.

(b) Subparagraph (a) does not apply in relation to a totalisator ticket issued at a place where a notice containing the statement referred to in that paragraph is displayed so as to be clearly visible to and capable of being easily read by persons staking sums by means of a totalisator at that place.

7. A sum staked 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 sum staked.

8. (1) Subject to Regulation 12(3), not less than 75 per cent of the amount in a totalisator pool, other than a multiple pool (exclusive of sums that are repayable under paragraph (2)) shall be distributable amongst the holders of successful tickets in respect of the relevant race.

(2) Every sum staked in a totalisator pool, other than a multiple pool, on a horse that has been withdrawn before a fair start has been effected for the event concerned shall be repayable in full.

(3) In case none of the totalisator tickets issued in respect of a sum staked in a totalisator pool, other than a multiple pool, is a successful ticket, every sum staked in the pool shall be repayable in full.

(4) Every sum staked in a totalisator pool, other than a multiple pool, in respect of an event which is declared void, is not held or is postponed to a subsequent day, shall be repayable in full.

9. (1) Subject to Regulation 12(3), not less than 75 per cent of the amount in a multiple pool shall be distributable among the holders of successful tickets in respect of the pool.

(2) Subject to Regulation 12(3), where none of the totalisator tickets in respect of a multiple pool is a successful ticket, a sum equal to not less than 75 per cent of the amount in the multiple pool shall be dealt with as follows:

(a) the whole sum, or in case the Tote makes a distribution under subparagraph (b), the sum remaining after the distribution, shall be carried forward and added, either in whole or in such part as the Tote determines, to the amount distributable in respect of a multiple pool at such race meeting, as the Tote determines, and

(b) such portion, if any, of the sum, as the Tote determines shall be distributed to the holders of such classes of successful tickets in respect of the pool, as the Tote determines.

(3) Subject to Regulation 10, a sum staked in a multiple pool shall be repayable only in the circumstances and upon and subject to the conditions specified by the Tote under Regulation 13.

10. Where money is distributable in respect of sums staked in a totalisator pool, but by reason of an act of God or the unlawful act of any person or riot, civil commotion or fire or a strike or a mechanical breakdown of the totalisator or any part thereof, or any other cause, it is not possible to ascertain the individual amounts so distributable, the Tote may at its discretion either -

(a) repay to each holder of a totalisator ticket in respect of the pool, the sum staked, or

(b) distribute to each holder of a successful ticket in respect of the pool such amount (in addition to the amount of the sum staked) as it may determine.

11. A sum distributable from a totalisator pool to the holder of a successful ticket shall be calculated in multiples of 10 cent and, where the sum is or includes a fraction of 10 cent the fraction shall, at the discretion of the Tote, either be disregarded or rounded up to 10 cent and distributed to the holder.

12. (1) Subject to paragraphs (3) and (4), any sum distributable from a totalisator pool shall be payable to the holder of the relevant successful ticket or other totalisator ticket, on presentation of the ticket or such other evidence as the Tote considers appropriate -

(a) at the totalisator from which the ticket was issued on the day on which it was issued while the totalisator is working,

(b) on any subsequent day not more than 2 months after the day aforesaid at any other race meeting while the totalisator is working or at the offices of the Tote during office hours, or

(c) where the ticket was issued from a totalisator operating at a registered premises (within the meaning of the Betting Act 1931 ), on any subsequent day not more than 2 months after the date of issue at the registered premises where the bet was placed while the totalisator is working.

(2) Where a sum is distributable in respect of a sum staked by a person on credit by means of a totalisator, then for the purposes of Regulations 8(1) and 9(1), the person shall be deemed to be a holder of a successful ticket issued in respect of the sum staked.

(3) In case a sum is distributable or repayable from a totalisator pool in respect of a successful ticket or other totalisator ticket and the ticket is not presented for payment in accordance with paragraph (1), the sum shall, unless it has been paid previously by the Tote on evidence of the loss or destruction of the ticket, become the property of the Tote on the expiration of the period mentioned in paragraph (1).

(4) In case a sum is distributable or repayable from a totalisator pool in respect of a successful ticket or other totalisator ticket and the ticket is presented for payment in accordance with paragraph (1), the Tote may, before making any payment on foot of the ticket, require the person presenting it to satisfy it that the ticket is not one that has been lost by or stolen from another person, and in case the Tote is not so satisfied, it may refuse to make the payment to the person.

13. (1) The Tote may specify in writing conditions upon and subject to which sums staked by means of a totalisator are accepted by it.

(2) Every sum staked by means of a totalisator shall be deemed to be so staked in accordance with these Regulations, any other regulations under section 6 of the Act and any conditions under paragraph (1) that are for the time being in force.

(3) The Tote shall ensure that copies of these Regulations, any other regulations under section 6 of the Act and any conditions under paragraph (1) that are for the time being in force, are available on request for inspection at the offices of the Tote during office hours and at every totalisator of the Tote while it is working.

14. The Totalisator (Horse Racing) Regulations 1989 ( S.I. No. 93 of 1989 ) are revoked.

GIVEN under my Official Seal,

this 7th day of March 2002.

___________________

Charlie McCreevy,

Minister for Finance

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These regulations replace the Totalisator (Horse Racing) Regulations 1989 as the regulations which govern the operation of horse racing totalisators. They replace the references to the Racing Board with Tote Ireland Limited. They extend the definition of a “multiple pool” and they amend the provisions regarding the rounding of dividends to allow for the change over to the euro. In order to allow for the operation of the Totalisator from bookmakers' shops under contract with Tote Ireland Limited they remove the restriction which prohibited the placing of bets other than at a racecourse and they amend the provision relating to where winning bets can be collected.