S.I. No. 63/2021 - District Court (Gaming and Lotteries) Rules 2021

1. Particulars of character of the applicant:...............................

2. Periodical lotteries already in operation in the locality:.................

3. Purpose of the lottery (including name of any intended beneficiary):.....................

4. How the lottery is intended to operate (including frequency):....................

5. The nature and value of each of the prizes and the total value of prizes: (list)............

6. The amount or proportion of the proceeds intended to be devoted to the expenses of promotion, including commission, in connection with the lottery is ..........

7. The proportion of the proceeds intended to be allocated to prizes is ..........

8. The proportion of the proceeds intended to be allocated to a charitable or philanthropic purpose is ..........

[

Set out any further particulars relied on in the application

]

Dated this ... day of ..... 20...

Signed ..........

Applicant or Solicitor for Applicant

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

and the Superintendent of the Garda Síochána at..................

No. 66.4

SCHEDULE C

O.66, r.3(4)

GAMING AND LOTTERIES ACT 1956

Section 28

LOTTERY LICENCE

District Court Area of

District No.

The Court hereby grants to ...... of ....... a lottery licence authorising the said licensee to promote periodical lotteries in accordance with section 28 of the said Act, during the period from the .... day of ....... 20.... to the .... day of ....... 20....

The purpose of the lottery (including name of any intended beneficiary) is:.....................

This lottery licence is subject to the conditions specified in section 28(10) of the said Act, namely

(a) the holder of the licence shall derive no personal profit from the lottery;

(b) the value of each prize and the name of the intended beneficiary of the lottery shall be stated on every ticket or coupon or, where the lottery is conducted in a premises, such information shall be prominently displayed at the normal means of access to the premises proposed to be used;

(c) the total value of the prizes—

(i) if more than one lottery is held in any week, shall be not more than €30,000, and

(ii) if one lottery is held in any year, shall be not more than €360,000;

(d) not more than 25 per cent of the total proceeds shall be retained by the holder of the licence and utilised for the expenses of promotion, including commission, and any free entry for the lottery shall be deemed to be a payment of commission to the extent of its value;

(e) not more than 75 per cent of the total proceeds shall be allocated to prizes and not less than 25 per cent shall be allocated to a charitable or philanthropic purpose;

(f) the allocation of the proceeds referred to in paragraphs (d) and (e) shall be made within one month from the date of the holding of the lottery.

Dated this .... day of ...... 20 ....

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

Judge of the District Court

No. 66.5

SCHEDULE C

O.66,r.4(3)

Gaming and Lotteries Act 1956

*section 9A(18) (as inserted by

section 4

of the

Gaming and Lotteries (Amendment) Act 2019

)

*section 27B(17) (as inserted by

section 11

of the

Gaming and Lotteries (Amendment) Act 2019

)

Notice of appeal against refusal of superintendent to grant a permit

District Court Area of

District No.

................................................ Appellant

TAKE NOTICE that the above-named Appellant ........... of ...................... will apply to the Court sitting at ...... on the ... day of ..... 20... at ...a.m./p.m. against the refusal of Superintendent ......... of the Garda Síochána at ...... to issue

*a gaming permit in accordance with section 9A of the

Gaming and Lotteries Act 1956

, (No. 2 of 1956)

*a lottery permit in accordance with section 27B of the

Gaming and Lotteries Act 1956

, (No. 2 of 1956)

Dated this ... day of ..... 20......

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

Appellant or Solicitor for Appellant

To

The Clerk of the District Court at

and to the Superintendent of the Garda Síochána, at

*delete where inapplicable

No. 66.6

SCHEDULE C

O.66,r.4 (6)

Gaming and Lotteries Act 1956

* section 9A(18) (as inserted by

section 4

of the

Gaming and Lotteries (Amendment) Act 2019

)

*section 27B(17) (as inserted by

section 11

of the

Gaming and Lotteries (Amendment) Act 2019

)

Order on appeal from refusal of superintendent to grant permit

District Court Area of

District No.

................................................................. Appellant

UPON the hearing of an APPEAL on the ... day of ..... 20...

brought by the Appellant .......... of .......... against the refusal of the Superintendent of the Garda Síochána at ......... to issue

* a gaming permit in accordance with section 9A of the above Act

*a lottery permit in accordance with section 27B of the above Act

THE COURT on the ... day of ..... 20... ORDERED that the said appeal be *Refused / *Allowed.

Dated this ... day of ..... 20...

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

Judge of the District Court

* Delete whichever inapplicable

EXPLANATORY NOTE

(

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

)

These rules amend Order 66 and associated forms to facilitate the operation of the

Gaming and Lotteries (Amendment) Act 2019

.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

19

th February,

2021.

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act 1924

,

section 72

of the

Courts of Justice Act 1936

,

section 34

of the

Courts (Supplemental Provisions) Act 1961

, and

section 24

of the

Interpretation Act 2005

, and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice, make the following rules of court.

Dated this 1

st

day of December 2020.

Colin Daly

Chairperson

Brian Sheridan

Conal Gibbons

Riobard Pierse

Ciara McMahon

James Finn

Lisa Scott

I concur in the making of the following rules of court.

Dated this 10th day of February 2021

HELEN MCENTEE

Minister for Justice

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act 1924

,

section 72

of the

Courts of Justice Act 1936

,

section 34

of the

Courts (Supplemental Provisions) Act 1961

, and

section 24

of the

Interpretation Act 2005

, do hereby, with the concurrence of the Minister for Justice, make the following rules of court:-