Statutory Instrument 1995 No. 3231

The Deregulation (Greyhound Racing) Order 1995

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© Crown Copyright 1995

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1995 No. 3231

DEREGULATION

The Deregulation (Greyhound Racing) Order 1995

Whereas:
(a) the Secretary of State is of the opinion that certain provisions of the Betting, Gaming and Lotteries Act 1963^[1] and which are the subject of this Order impose burdens affecting persons in the carrying on of a trade, business, profession or otherwise and that by amending or repealing the provisions concerned and by making certain other provision it is possible to remove or reduce the burdens without removing any necessary protection;

(b) he has consulted such organisations as appear to him to be representative of interests substantially affected by his proposals and such other persons as he considers appropriate;

(c) it appears to the Secretary of State that it is appropriate, following that consultation, to proceed with the making of this Order;

(d) a document setting out the Secretary of State's proposals has been laid before Parliament as required by section 3 of the Deregulation and Contracting Out Act 1994^[2] and the period for Parliamentary consideration under section 4 of that Act has expired;

(e) the Secretary of State has had regard to the representations made during that period;

(f) a draft of this Order has been laid before Parliament with a statement giving details of those representations and the changes to the Secretary of State's proposals in the light of those representations; and

(g) a draft of this Order has been approved by resolution of each House of Parliament.

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 1 of the Deregulation and Contracting Out Act 1994, hereby makes the following Order:

Citation, commencement and extent
    1.—(1)  This Order may be cited as the Deregulation (Greyhound Racing) Order 1995 and shall come into force 28 days after the day on which it is made.

    (2)  This Order does not extend to Northern Ireland.

Interpretation
    2.    In this Order "the 1963 Act" means the Betting, Gaming and Lotteries Act 1963.

Relaxation of restrictions on permanent betting structures
    3.—(1)  In section 1 of the 1963 Act (restriction on use of premises for betting transactions with persons resorting thereto) after subsection (6) there shall be inserted—
"  (7)  In the case of a track which is a dog racecourse, subsection (6) of this section shall not apply in relation to the use of a permanent structure by a bookmaker for the purposes of his business if—
(a) the use takes place on a day on which the public are admitted to the track for the purpose of attending dog races; and

(b) no betting transactions in connection with dog races run on the track are effected in the course of the use." .



    (2)  In section 18 of that Act (charges to bookmakers on licensed tracks), there shall be inserted at the end—
"  (3)  In the case of a track which is a dog racecourse, the reference in subsection (2) of this section to facilities shall be construed as a reference to facilities other than in relation to a permanent structure." .

Facilitation of advance betting
    4.    In section 16(1)^[3] of the 1963 Act (requirements in relation to operation of totalisators on licensed tracks) the words "on any day" and "on that day" shall be omitted.

Facilitation of inter-track betting
    5.—(1)  In section 4(2) of the 1963 Act (which prohibits the carrying on of off-track pool betting business) at the end of the proviso (which excepts certain business from the prohibition) there shall be inserted "or to the operation of a licensed inter-track betting scheme".

    (2)  In section 16(1)(c) of that Act (which requires a totalisator on a licensed track to be used only for effecting betting transactions on dog races run on that track) there shall be inserted at the end "or betting transactions under a licensed inter-track betting scheme".

    (3)  After section 16 of that Act there shall be inserted—

"Licensing of inter-track betting schemes.
    16A.    Schedule 5ZA to this Act (which makes provision for and in connection with the licensing of inter-track betting schemes) shall have effect." .



    (4)  In section 55(1) of that Act (interpretation)—
 (a) after the definition of "game of chance" and "gaming"^[4] there shall be inserted—
""inter-track betting scheme" means a scheme for the pooling of bets made by means of totalisators on different licensed tracks, being bets on a dog race run on a track participating in the scheme or on a combination of dog races run on the same participating track;" ; and

 (b) after the definition of "licensed betting office" there shall be inserted—
""licensed inter-track betting scheme" means an inter-track betting scheme in respect of which a licence under Schedule 5ZA to this Act is for the time being in force;" .


    (5)  In Schedule 5 to that Act (totalisators on dog racecourses)^[5] there shall be inserted at the end—
    "18.—(1)  In relation to the operation of the totalisator for effecting betting transactions under a licensed inter-track betting scheme, this Schedule shall have effect with the following modifications.

    (2)  Where the operation is in connection with racing on the track where the totalisator is situated, the references in paragraphs 4 and 4B to the totalisator shall be construed as references to any totalisator on a track participating in the inter-track betting scheme.

    (3)  Where the operation is in connection with racing on a track other than the track where the totalisator is situated—
(a) the references in paragraph 3(a) and (b) to the operator shall be construed as references to the operator of the totalisator on the track where the racing takes place; and

(b) paragraphs 4 and 4B to 6 shall be omitted.


    (4)  In paragraph 4A—
(a) references to a race or combination of races on the track shall be construed as references to a race or combination of races in relation to which betting takes place under the inter-track betting scheme; and

(b) references to bets made by means of the totalisator shall be construed as references to bets made under the inter-track betting scheme.


    (5)  In paragraph 13, the reference to the licensing authority shall be construed as including a reference to the authority by whom the inter-track betting scheme is licensed." .




    (6)  After Schedule 5 to that Act there shall be inserted the Schedule set out in Schedule 1 to this Order.

Occupiers allowed certain bookmaking interests
    6.    Section 19 of the 1963 Act (occupier of licensed track not to have an interest in bookmaking thereon) shall be re-numbered so as to become section 19(1), and after the resulting subsection (1) there shall be inserted—
"  (2)  In the case of a track which is a dog racecourse, subsection (1) of this section shall only apply in relation to bookmaking in connection with races run on that track." .

Relaxation of requirements as to totalisators on dog racecourses
    7.—(1)  Schedule 5 to the 1963 Act shall be amended as follows.

    (2)  In paragraph 1, for the words "be a mechanically or electrically operated apparatus complying" there shall be substituted the word "comply".

    (3)  Paragraph 3^[6] shall be amended as follows:
 (a) there shall be omitted—
 (i) in sub-paragraph (a) the words from ", not exceeding" to "statutory instrument,"; and
 (ii) the words from "Any power" to "subsequent order."; and
 (b) there shall be inserted—
 (i) after the words "on the track" the words "or, where bets may be made by means of the totalisator in more than one distinct area of the track, in each such area"; and
 (ii) in sub-paragraph (a), after the word "specify", the words ", prominently and in easily legible print,".

    (4)  In paragraph 4(b)^[7] for the words "paragraphs 5 and 6" there shall be substituted the words "paragraphs 4C to 6".

    (5)  After paragraph 4B^[8] there shall be inserted —
    "4C.—(1)  This paragraph applies where the amount payable in respect of each betting unit staked by a person winning a bet is or includes a fraction of the betting unit where is not one or more tenths of that unit.
(2) Where the fraction is less than a twentieth of the betting unit, the operator may retain it.

(3) Where the fraction is more than a tenth of the betting unit, but exceeds the next lower tenth of that unit by less than a twentieth of that unit, the operator may retain so much of it as exceeds that tenth of that unit.

(4) Otherwise, the amount payable in respect of each betting unit staked by a person winning a bet shall be deemed to be increased —

(a) to the next higher tenth of the betting unit; or

(b) where the fraction concerned exceeds nine tenths of the betting unit, to the next multiple of that unit." .





    (6)  In paragraph 5^[9], after the word "bet"there shall be inserted the words ", after any rounding under paragraph 4C of this Schedule,".

    (7)  In paragraph 6, for the words "not being earlier than forty-eight hours after" there shall be substituted "being a time not falling within the period of 7 days beginning with the day after that of".

    (8)  In paragraph 8 the words "Subject to paragraph 9 of this Schedule," shall be omitted.

    (9)  For paragraph 9^[10] there shall be substituted —
    "9.    The totalisator shall not be operated on any day unless the accountant has been given not less than 48 hours notice in writing that it is intended that betting should take place on that day by means of the totalisator." .



    (10)  Paragraphs 10 and 10A^[11] shall be omitted.

    (11)  For paragraph 12 there shall be substituted—
    "12.—(1)  The operator shall, within seven days after the close of each month, submit to the accountant for examination by him a complete statement of account for that month.
(2) The statement required by sub-paragraph (1) of this paragraph shall—

(a) specify, in relation to any amount carried over from one race or combination of races to another in accordance with such a condition as is mentioned in paragraph 4A of this Schedule —
(i) the amount carried over; and

(ii) the date of the race or combination of races to which it is carried over; and

(b) give all such other information as the accountant may require for the purpose of ascertaining whether the provisions of this Schedule have been complied with." .

Repeals
    8.    The enactments mentioned in Schedule 2 to this Order are hereby repealed to the extent specified in the third column of that Schedule.

Transitional Provision
    9.    In relation to any time before 1st April 1996, paragraph 1(1)(b) of the new Schedule 5ZA to the 1963 Act inserted by article 5(6) of this Order shall have effect as if for the words from "a council" to the end there were substituted "the council of any islands area or district".

Michael Howard

One of Her Majesty's Principal Secretaries of State
Home Office

10th December 1995

[1] 1963 c. 2. back

[2] 1994 c. 40. back

[3] Section 16(1) was amended, and section 16(1)(a) repealed, by the Betting, Gaming and Lotteries (Amendment) Act 1985 (c. 18), sections 1 and 2 and Schedule. back

[4] The definition of "game of chance" and "gaming" was substituted by section 53 of, and Schedule 11 to, the Gaming Act 1968 c65. back

[5] Paragraphs 4A and 4B of Schedule 5 were inserted by section 2(4) of the Betting, Gaming and Lotteries (Amendment) Act 1985 (c18). back

[6] Paragraph 3 was amended by the Betting, Gaming and Lotteries (Amendment) Act 1969 (c. 17), section 1, and by the Betting, Gaming and Lotteries (Amendment) Act 1985 (c. 18), section 2(3). back

[7] Paragraph 4 was amended by the Finance Act 1966 (c. 18), section 12(6)(b). back

[8] Paragraph 4B was inserted by the Betting, Gaming and Lotteries (Amendment) Act 1985, section 2(4). back

[9] Paragraph 5 was substituted by the Decimal Currency Act 1969, section 10, Schedule 2, paragraph 17. back

[10] Paragraph 9 was amended by the Betting, Gaming and Lotteries (Amendment) Act 1985, section 2(5). back

[11] Paragraph 10A was inserted by the Betting, Gaming and Lotteries (Amendment) Act 1985, section 2(6). back

Explanatory Note