The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985

Article 187(3).

SCHEDULE 20 N.I. TRANSITIONAL PROVISIONS

Existing licences N.I.

1.—(1) Notwithstanding the repeal of the Act of 1957 by Article 187(4) and Schedule 21, any bookmaker's licence or bookmaking office licence issued under that Act and in force immediately before the commencement date shall on and after that date be deemed to be such a licence granted by a court of summary jurisdiction and shall, unless revoked or a disqualification order takes effect under Article 30 or 53, continue in force until the 30th September next following that date. N.I.

(2) Notwithstanding the repeal of the [1946 c. 22 (N.I.)] Dog Races (Restriction) Act (Northern Ireland) 1946 by Article 187(4) and Schedule 21, any licence granted under section 2 of that Act and in force immediately before the commencement date shall on and after that date be deemed to be a track betting licence granted by the Department and shall, unless cancelled or revoked, continue in force for a period of 7 years from that date.

Applications for certificates N.I.

2.—(1) Where, before the commencement date, notice of an application to a court of summary jurisdiction for the grant of a certificate of character under section 2 of the Act of 1957, has been published and served, the application may be treated by the court as an application under Part II for the grant of a bookmaker's licence and the court may treat the application as complying with Schedule 1 notwithstanding that some provision of that Schedule has not been complied with. N.I.

(2) Where, before the commencement date, notice of an application to a court of summary jurisdiction for the grant of a certificate of suitability under section 6 of the Act of 1957 has been published and served, the application may be treated by the court as an application under Part II for the grant of a bookmaking office licence and the court may treat the application as complying with Schedule 2 notwithstanding that some provision of that Schedule has not been complied with.

Renewals of bookmaking office licences N.I.

3.—(1) Notwithstanding the provisions of Article 18, on the first occasion on which, after the commencement date, an application is made for the renewal of a bookmaking office licence, the clerk of petty sessions shall require the application to be made to a court of summary jurisdiction. N.I.

(2) Article 13 shall apply on the renewal of a bookmaking office licence to which sub-paragraph (1) applies as it applies on the grant of a bookmaking office licence with the substitution—

(a) for any reference to the court granting a bookmaking office licence of a reference to a court renewing a bookmaking office licence; and

(b) for the reference in paragraph (2) to the person whose name has been notified to the court as the owner of the premises of a reference to the person whose name is recorded in the register of licences, certificates and permits as the owner of the premises.

(3) Where a bookmaking office licence to which sub-paragraph (1) applies is renewed conditionally by virtue of sub-paragraph (2), Article 22(1) shall apply as if the licence were renewed at any time when it is declared unconditional.

Licensed bookmakers on certain tracks N.I.

4.  For the purposes of Article 45(2)(b), where the occupier of any track holds, on the date of the making of this Order, a totalisator licence granted under section 21 of the Act of 1957 in respect of that track as an approved horse racecourse within the meaning of section 23 of the Act of 1957, or a licence granted under section 2 of the [1946 c. 22 (N.I.)] Dog Races (Restriction) Act (Northern Ireland) 1946 in respect of that track, paragraph (3) of that Article shall have effect as if for the reference to the 2 years immediately preceding the introduction of a totalisator there were substituted a reference to the 2 years immediately preceding that date. N.I.

Registration of existing clubs N.I.

5.—(1) The chairman or secretary of a club in existence immediately before the commencement date may, within a period of 6 months after the commencement date,— N.I.

(a) if the club will have been in existence for 2 years or, in the case of a sporting club, 1 year at the time of the court sitting at which the application is to be made, make an application under Article 96 for registration of the club; or

(b) if the club will have been in existence for 2 years or, in the case of a sporting club, 1 year on a date after the end of that period, serve notice of the intention to make an application under Article 96 for registration of the club on or after that date upon the clerk of petty sessions and at the same time serve a copy of the notice upon the sub-divisional commander of the police sub-division in which the premises of the club are situated.

(2) Where by virtue of sub-paragraph (1) an application is made under Article 96 for registration of a club—

(a) paragraph (4)(c) of that Article shall have effect as if there were inserted at the beginning the words “ that the club has been in existence, and ”; and

(b) Schedule 13 shall have effect as if—

(i) paragraph 1(a) were omitted; and

(ii) in paragraph 1(b) for the words “that time” there were substituted the words “ the time of the court sitting at which the application is to be made ”; and

(iii) in paragraph 1(c) for the words “mentioned in sub-paragraph (a)” there were substituted the words “ of the police sub-division in which the premises of the club are situated ”; and

(iv) in paragraph (4) for “(a)” there were substituted “ (b) ”.

Lotteries of Art Unions N.I.

6.—(1) Notwithstanding the repeal of the [1846 c. 48] Art Unions Act 1846 by Article 187(4) and Schedule 21, nothing in Part IV shall apply to any lottery promoted and conducted in accordance with that Act by any Art Union and any such lottery shall not be unlawful. N.I.

(2) In sub-paragraph (1) Art Union means a voluntary association constituted under that Act on or before the commencement date.

Saving N.I.

7.  The provisions of this Schedule shall have effect without prejudice to section 29 of the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954. N.I.

Interpretation N.I.

8.  In this Schedule— N.I.

• “The Act of 1957” means the [1957 c. 19 (N.I.)] Betting and Lotteries Act (Northern Ireland) 1957;

• “commencement date” for the purposes of any provision of this Schedule, means the day appointed under Article 1(2) for the coming into operation of that provision.