Betting and Lotteries Act 1934

SCHEDULES

Sections 7, 11 and 16.

FIRST SCHEDULE Provisions regulating the establishment and operation of totalisators on dog racecourses

1 A totalisator set up under this Act on a dog racecourse shall be a mechanically or electrically operated apparatus complying with such conditions as a Secretary of State may by regulations prescribe.

2 The person, whether the occupier of the track or a person authorised in writing by the occupier, by whom the totalisator is operated (in this Schedule referred to as " the operator ") shall take all such steps as are necessary to secure that, so long as the totalisator is in use, it is in proper working order and is properly operated.

3 The operator shall, before receiving any bets in connection with any race, post in a conspicuous position on the track a notice showing the minimum stake (hereinafter referred to as the " betting unit") which will be accepted at the totalisator from persons betting on that race, and shall distribute or cause to be distributed the whole of the moneys staked on any race or races by means of the totalisator among the persons winning bets made by means of the totalisator on that race or those races, after deducting or causing to be deducted such percentage not exceeding six per cent. as he may have specified in the said notice:

Provided that—

(a) where the number of pence in the amount payable in respect of each betting unit staked by a person winning a bet is not exactly divisible by three, then—

(i) if the remainder does not exceed three halfpence, it may be retained by the operator; but

(ii) if the remainder exceeds three halfpence, the amount payable in respect of each betting unit staked by the said person shall be deemed to be increased to the next greater number of pence which is so divisible; and

(b) the terms on which the operator invites persons to bet by means of the totalisator may include a condition entitling the operator to retain any sum payable to a person winning a bet, unless the money won on the bet is claimed before such time, not being earlier than forty-eight hours after the conclusion of the race, or as the case may be, of the last of the races, in connection with which the bet was made, as may have been specified in the notice aforesaid.

4 The licensing authority shall appoint a qualified accountant, who shall be charged with the duty of examining and certifying the accounts relating to the operation of the totalisator, and, after consultation with the accountant so appointed, the licensing authority shall appoint also an experienced mechanician who shall act as technical adviser to the accountant and shall be charged with the duty of advising him as to the condition of the totalisator and all matters connected with the operation thereof.

5 The accountant and the mechanician appointed by the licensing authority under the last foregoing paragraph shall hold office on such terms (including terms as to remuneration) as may, subject as hereinafter provided, be determined by the licensing authority after consultation with the holder of any licence for the time being in force in respect of the track in connection with which the appointment is made, and the remuneration of the accountant and the mechanician shall be payable by the licensing authority; but so much of the remuneration paid to the accountant and to the mechanician, in respect of the performance of their functions under this Schedule in relation to the totalisator as is attributable to any period during which any person held a licence in force in respect of the track on which the totalisator is set up, shall be recoverable by the licensing authority as a debt due to them from that person:

Provided that the terms on which any accountant is appointed as aforesaid shall include a term that on every appointed day either he or a servant of his authorised in that behalf by him in writing must be in attendance at the totalisator during such period or periods as may before that day have been notified to him in writing by the operator.

6 The totalisator shall not be operated at any time when neither the accountant nor a servant of the accountant authorised in that behalf by him in writing is present.

7 The accountant and his technical adviser and their respective servants authorised in that behalf in writing may, at all reasonable times, enter the premises in which the totalisator is set up, and examine any part of the mechanism and test and watch the working thereof, and may require the operator and any servant of his to give to them all such information, and to produce to them all such accounts, books and other documents, as they deem necessary for the purpose of ascertaining whether the provisions of this Schedule are being complied with.

Every person who—

(a) obstructs the accountant or his technical adviser or any duly authorised servant of either of them in the exercise of any of the powers conferred on him by this paragraph; or

(b) neglects or refuses to give to any such person as aforesaid any such information, or to produce to him any such document, as may have been called for by him in pursuance of this paragraph; or

(c) knowingly gives to any such person as aforesaid any information which is false or misleading,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding fifty pounds.

8 The operator shall, within seven days after the close of each month, submit to the accountant for examination by him a complete statement of accounts for that month, giving all such information as he may require for the purpose of ascertaining whether the provisions of this Schedule have been complied with.

9 The accountant shall examine the statements of accounts so submitted to him and shall, as often as he thinks proper, consult with his technical adviser and carry out, or cause to be carried out, such inspections as either of them deem necessary for the purpose of ascertaining whether the provisions of this Schedule are being complied with, and shall forthwith make a report to the licensing authority if he has reason to believe that the totalisator no longer complies with the prescribed conditions, or is not being kept in proper working order, or is not being properly operated, or if in his opinion any of the provisions of this Schedule are not being complied with.

10 The accountant shall retain for a period of two years all statements of account so submitted to him as aforesaid and shall at any time during that period give facilities for their examination by any person authorised in that behalf by the licensing authority.

11 Without prejudice to his duties under the preceding paragraphs, the accountant shall, as soon as may be after the close of each calendar year, audit the accounts of the operator for the year and, if such be the fact, shall certify thereon that satisfactory statements of account have been submitted to him monthly in accordance with the provisions of paragraph 8 of this Schedule and have been examined by him, and that to the best of his information and belief, formed after consultation with his technical adviser, the accounts for the year are complete and accurate and the totalisator complies with the prescribed conditions and has throughout the year been maintained in proper working order and properly operated in accordance with the provisions of this Schedule; and the operator shall forthwith cause the accounts and certificate to be printed and shall transmit two copies thereof to the licensing authority, who shall cause one of those copies to be deposited at their offices for inspection at any time during office hours by any member of the public free of charge:

Provided that, where the licensing authority are a joint committee appointed in accordance with the provisions of section five of this Act, the operator shall transmit to the licensing authority such number of copies of the accounts and certificate as are sufficient to enable the licensing authority to keep one copy at their offices for the purpose of record and to deposit for inspection as aforesaid one copy at their offices and one copy at the offices of each of the councils by whom the licensing authority were appointed.

12 For the purposes of this Schedule the expression " qualified accountant " means a person being a member of one or more of the following bodies, that is to say:—

• The Institute of Chartered Accountants in England and Wales;

• The Society of Incorporated Accountants and Auditors;

• The Society of Accountants in Edinburgh;

• The Institute of Accountants and Actuaries in Glasgow;

• The Society of Accountants in Aberdeen;

• The London Association of Certified Accountants, Limited;

• The Corporation of Accountants, Limited.

Section 32.

SECOND SCHEDULE Enactments repealed

Session and Chapter.	Title or Short Title.	Extent of Repeal.
* c. 17 in Ruffhead.
10 Will. 3. c. 23*	An Act for Suppressing of Lotteries.	The whole Act.
9 Anne c. 6	The Lotteries Act, 1710.	The whole Act.
8 Geo. 1. c. 2	The Lotteries Act, 1721.	The whole Act.
9 Geo. 1. c. 19	The Lotteries Act, 1722.	Sections four and five.
6 Geo. 2. c. 35	The Lotteries Act, 1732.	The whole Act.
12 Geo. 2. c. 28.	The Gaming Act, 1738.	Section one; in section two, the words " Games or " and the words from "by cards" to the end of the section; section three; in section four, the word " such " where that word first occurs, and the words from " and all such" to the end of the section; sections five to seven and section nine.
42 Geo. 3. c. 119.	The Gaming Act, 1802.	The whole Act.
46 Geo. 3. c. 148.	The Lotteries Act, 1806.	The whole Act.
4 Geo. 4. c. 60	The Lotteries Act, 1823.	The whole Act.
6 & 7 Will. 4. c. 66.	The Lotteries Act, 1836.	The whole Act.
8 & 9 Vict. c. 74.	The Lotteries Act, 1845.	The whole Act.
61 & .62 Vict. c. 46.	The Revenue Act, 1898.	In paragraph (ii) of section one the words " the " Lotteries Act, 1836, " or," the word " other " where it secondly occurs, and the word " foreign."
18 & 19 Geo. 5. c. 41.	The Racecourse Betting Act, 1928.	Section four.