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Ireland

Gambling Regulation Act 2024

In short

This law, the Gambling Regulation Act 2024, establishes a new regulatory body, the Gambling Regulatory Authority of Ireland, to oversee and control gambling activities. It sets out rules for who can offer gambling, how it must be done, and aims to protect people from harm.

What it regulates

  • The establishment and functions of the Gambling Regulatory Authority of Ireland.
  • The types of gambling activities that require a licence and those that are exempt.
  • The creation of a National Gambling Exclusion Register and a Social Impact Fund.
  • Prohibitions and offences related to gambling activities, including cheating.

Who it concerns

  • Anyone providing betting activity, games, or lotteries.
  • Individuals and organisations applying for gambling licences, including those for charitable purposes.
  • Customers of gambling services, particularly regarding self-exclusion.

Key points

  • A Gambling Regulatory Authority of Ireland is established to regulate gambling.
  • A National Gambling Exclusion Register will be created, allowing individuals to exclude themselves from gambling.
  • A Social Impact Fund will be established to address the social impact of gambling.
  • It is an offence to provide betting activity, a game, or a lottery without a proper licence.
Legal text
Legal text

Gambling Regulation Act 2024 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2024 Gambling Regulation Act 2024 Gambling Regulation Act 2024 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 35 of 2024 GAMBLING REGULATION ACT 2024 CONTENTS PART 1 Preliminary and General Section 1. Short title and commencement 2. Interpretation 3. Reference to providing betting activity 4. Reference to providing game 5. Reference to providing lottery 6. Unenforceability of contracts: bookmakers 7. Expenses 8. Service of documents 9. Regulations 10. Repeals and revocations PART 2 Gambling Regulatory Authority of Ireland Chapter 1 Establishment, functions and governance of Authority 11. Definition (Chapter 1) 12. Establishment day 13. Establishment of Gambling Regulatory Authority of Ireland 14. Membership of Authority 15. Functions of Authority 16. Recommendation for appointment of members of Authority 17. Terms and conditions of membership of Authority 18. Power to appoint consultants and advisers and enter into contracts 19. Procedures of Authority 20. Committees of Authority 21. Chief executive 22. Functions of chief executive 23. Delegation of functions of chief executive 24. Accountability of chief executive to Public Accounts Committee 25. Accountability of chief executive to other Oireachtas Committees 26. Staff of Authority 27. Superannuation 28. Annual accounts 29. Annual report 30. Strategy statement 31. Codes of practice 32. Conduct of research 33. Review of operation of Act and consideration of issues of concern 34. Request from Minister to Authority for report 35. Information sharing agreements with persons in State 36. Amendment of National Archives Act 1986 Chapter 2 Funding of Authority and fees 37. Definitions (Chapter 2) 38. Power to charge fees 39. Advances by Minister to Authority 40. Funding of Authority 41. Power to impose charge to fund Authority 42. Power to recover fees and charges 43. Obligation to provide information to Minister and Minister for Public Expenditure, National Development Plan Delivery and Reform Chapter 3 National Gambling Exclusion Register 44. Definition (Chapter 3) 45. National Gambling Exclusion Register 46. Obligations of licensee to person whose name is entered on National Gambling Exclusion Register 47. Removal of entry on National Gambling Exclusion Register 48. Right of self-exclusion by person directly with licensee not affected 49. Review of operation of National Gambling Exclusion Register Chapter 4 Social Impact Fund 50. Establishment of Social Impact Fund 51. Payments out of Social Impact Fund 52. Payment of expenses of Authority from Social Impact Fund 53. Money transferred to Social Impact Fund following closure of gambling account 54. Funding of Social Impact Fund 55. Obligation to keep account of expenditure of money received from Social Impact Fund 56. Direction of Minister 57. Accounts: Social Impact Fund PART 3 Provisions Applicable to Authority, Appeals Panel and Adjudication Officers 58. Definition (Part 3) 59. Ineligibility to become and disqualification to act as member of relevant office or as adjudication officer 60. Membership of either House of Oireachtas, European Parliament or local authority 61. Removal of member of relevant office 62. Non-disclosure of confidential information 63. False or misleading information, documentation or evidence 64. Restriction of rights and obligations under Data Protection Regulation 65. Regulations for purposes of data protection 66. Amendment of Freedom of Information Act 2014 PART 4 Prohibitions and Offences (General) Chapter 1 Prohibitions: gambling activities and offence of cheating 67. Prohibition on providing betting activity, game or lottery 68. Employees, servants or agents of licensee providing relevant gambling activity 69. Prohibition on betting intermediaries acting other than by remote means 70. Prohibition on sale or supply of gambling product or gambling related service 71. Prohibition on purchase of gambling product or gambling related service 72. Gambling licensees and software for use in gambling 73. Prohibition on transfer, assignment or encumbrance of gambling licence 74. Cheating at relevant gambling activity Chapter 2 Applications to Court in respect of persons providing gambling activity in contravention of Chapter 1 75. Application to Court to direct relevant person to cease prohibited gambling activity and related matters Chapter 3 Provisions related to offences: general 76. Liability of relevant officers and beneficial owners 77. Summary proceedings 78. Time limit for offences: summary proceedings 79. Jurisdiction 80. Costs of prosecution 81. Suspension or revocation of gambling licence on conviction for offence PART 5 Licensing of Gambling Activities Chapter 1 Preliminary and General 82. Definitions (Part 5) 83. Regulations (Part 5) Chapter 2 Gambling licences and register of gambling licensees 84. Gambling licences 85. Betting licences 86. Gaming licences 87. Lottery licences 88. Gambling licence for charitable or philanthropic purpose 89. Business to Business gambling licences 90. Register of gambling licensees Chapter 3 Gambling activities exempt from requirement to hold gambling licence 91. Application (Chapter 3) 92. Certain lotteries held for charitable or philanthropic purpose not requiring gambling licence 93. Certain lotteries held in conjunction with selling or marketing of products not requiring gambling licence Chapter 4 Applications for gambling licences: general 94. Definitions (Chapter 4) 95. Public notice of intention to apply for gambling licence 96. Information and documentation to accompany application for gambling licence: general 97. Information and documentation to accompany application: applications, licences, permits or certificates under relevant Acts 98. Information and documentation to accompany application where gambling activity to be provided in-person 99. Assessment of suitability of premises 100. Assessment of suitability of premises for children 101. Assessment of suitability of premises for automated teller machine 102. Information and documentation to accompany application where gambling activity to be provided by remote means 103. Assessment of information and documentation provided under section 102

(1)(
  1. b)and (
  2. c)104. Information and documentation to accompany application for renewal of gambling licence 105. Further information sought by Authority following receipt of application for gambling licence 106. Arrangement with person outside State performing similar functions to Authority Chapter 5 Gambling licences issued under this Part 107. Issue of gambling licence following decision to grant gambling licence 108. Duration gambling licence remains in force 109. Transfer of gambling licence in certain circumstances 110. Display and production of gambling licence 111. Offence: falsely representing licence, registration number, as licensee or authorised officer Chapter 6 Applications for Business to Consumer licences: betting, gaming and lottery licences 112. Application for Business to Consumer gambling licence 113. Application for lottery licence: once-off lottery 114. Determination by Authority of application for Business to Consumer gambling licence 115. Renewal of Business to Consumer gambling licence 116. Application by licensee of in-person gambling licence to add premises to licence 117. Application to vary certain relevant gambling activities provided pursuant to certain Business to Consumer gambling licences Chapter 7 Applications for grant and renewal of gambling licences for charitable or philanthropic purpose 118. Application for gambling licence for charitable or philanthropic purpose 119. Application for gambling licence for charitable or philanthropic purpose: once-off activity 120. Determination by Authority of application for gambling licence for charitable or philanthropic purpose 121. Renewal of gambling licence for charitable or philanthropic purpose 122. Application to vary relevant gambling activity for a charitable or philanthropic purpose Chapter 8 Standards and certification of certain gambling products and gambling related services and applications for grant and renewal of Business to Business gambling licences 123. Power to set standards for certain gambling products and gambling related services 124. Application for certification of gambling product or gambling related service where standards in effect in accordance with section 123 125. Application for Business to Business gambling licence 126. Determination by Authority of application for Business to Business gambling licence 127. Renewal of Business to Business gambling licence 128. Application to vary relevant gambling product or relevant gambling related service Chapter 9 Conditions attaching to gambling licences 129. Regulations (Chapter 9) 130. Conditions attaching to gambling licences: general 131. Conditions attaching to Business to Consumer gambling licences and gambling licences for charitable or philanthropic purpose 132. Notice to Authority of change of information given under section 98
(1)
  1. Notice to Authority of change in information given under section 102
  2. Additional conditions: Business to Consumer gambling licences
  3. Establishment and maintenance of Segregated Customer Account
  4. Regulations: Segregated Customer Accounts
  5. Additional condition: game provided under gaming licence or gambling licence for charitable or philanthropic purpose
  6. Additional conditions: lottery licences
  7. Additional conditions: gambling licence for charitable or philanthropic purpose
  8. Conditions attaching to Business to Business gambling licence PART 6 Obligations on Licensees and Other Persons Chapter 1 Obligations on licensees and other persons: advertising, branded clothing and engagement of children in providing relevant gambling activity
  9. Interpretation (Chapter 1 – Part 6)
  10. Obligation not to engage child as employee, servant or agent providing relevant gambling activity
  11. Obligations on licensees in relation to advertising: general
  12. Regulations regarding advertisements
  13. Advertising by licensee by means of audiovisual on-demand media service or on-demand sound service
  14. Advertising on social media service and video-sharing platform service
  15. Advertising by licensee by means of electronic communication
  16. Prohibited material in advertisement
  17. Prohibited hours for advertising on certain media
  18. Application to High Court to direct cessation of advertising activity
  19. Prohibition on branded clothing and merchandise Chapter 2 Obligations on licensees: general
  20. Obligation on licensees to maintain records and accounts
  21. Obligation to notify Authority of changes Chapter 3 Obligations on certain licensees: suspicious gambling patterns, inducements, participation of children and sponsorship
  22. Application (Chapter 3)
  23. Obligation to pay out winnings
  24. Obligation to notify Authority of suspicious gambling patterns
  25. Offering inducement to gamble
  26. Obligation not to permit child participate in relevant gambling activity
  27. Sponsorship Chapter 4 Obligations on certain Business to Consumer licensees: training, provision of facility for participants to set monetary limit and forms of payment for relevant gambling activities
  28. Interpretation (Chapter 4)
  29. Application (Chapter 4)
  30. Approved training programme
  31. Obligation to ensure approved training programme completed by staff in relevant post
  32. Obligation to provide facility to enable participant to set monetary limit
  33. Obligation in respect of method of payment for relevant gambling activity Chapter 5 Obligations on licensees of remote gambling licences
  34. Definition (Chapter 5)
  35. Obligations before providing relevant gambling activity by remote means
  36. Obligation to establish and maintain register of account-holders
  37. Application to open gambling account with licensee of remote gambling licence
  38. Requirement to lodge money in gambling account
  39. Obligation to close gambling account
  40. Obligation to provide copy of terms and conditions of relevant gambling activity provided by remote means
  41. Obligation to provide information to account-holder
  42. Protection of children
  43. Obligation not to provide relevant gambling activities by remote means on certain days or at certain times Chapter 6 Obligations on licensees of in-person gambling licences
  44. Obligations in respect of opening hours and use of premises
  45. Obligation in relation to children on premises
  46. Obligation in relation to withdrawal of cash on premises PART 7 Complaints
  47. Definition (Part 7)
  48. Complaints about licensees
  49. Regulations regarding complaints PART 8 Compliance with and Enforcement of Relevant Obligations of Licensees Chapter 1 Preliminary and general
  50. Interpretation (Part 8)
  51. Privileged legal material Chapter 2 Authorised officers
  52. Appointment of authorised officers
  53. Powers of authorised officers
  54. Search warrants
  55. Data sharing: Act of 1958 and Act of 1994 Chapter 3 Compliance with relevant obligations: general
  56. Obligation on licensees to furnish compliance report and information and documentation
  57. Application to District Court to compel production of information and documentation
  58. Action by Authority in relation to alleged contravention of relevant obligation
  59. Power of Authority to enter agreement with a licensee in respect of alleged contravention of relevant obligation Chapter 4 Notice of non-compliance
  60. Notice to licensee: contravention of relevant obligation
  61. Notice of non-compliance
  62. Suspension or revocation of licence following notice of non-compliance Chapter 5 Directed investigation
  63. Power to direct investigation
  64. Report of authorised officer
  65. Action by Authority after consideration of investigation report Chapter 6 Adjudication and decisions on adjudication
  66. Definitions (Chapter 6)
  67. Adjudication by adjudication officers or panel
  68. Imposition of financial penalty and criminal proceedings
  69. Administrative sanction: suspension or revocation of gambling licence or imposition of condition on gambling licence
  70. Action by adjudication officer after assignment to conduct adjudication
  71. Decision as to contravention and imposition of administrative sanction
  72. Notice of administrative sanction
  73. Taking effect of decision as to contravention and taking effect of administrative sanction
  74. Limitations on amount of financial penalty imposed as administrative sanction
  75. Appeal against decision as to contravention and imposition of administrative sanction
  76. Circuit Court confirmation of decision as to contravention and administrative sanction
  77. Reference on point of law to High Court
  78. Power of adjudication officer to issue direction to Authority or licensee
  79. Oral hearing
  80. Orders for costs in proceedings before adjudication officer
  81. Regulations in relation to proceedings before adjudication officer
  82. Treatment of amounts paid in respect of financial penalties Chapter 7 Adjudication officers
  83. Nomination of adjudication officers
  84. Appointment of adjudication officers
  85. Independence of adjudication officer
  86. Regulations (Chapter 7)
  87. Assistance to adjudication officers Chapter 8 Emergency orders in respect of licensees
  88. Application to Court for emergency orders in respect of licensees PART 9 Appeals
  89. Definition (Part 9)
  90. Appeals to Circuit Court
  91. Appeals to Appeals Panel
  92. Appeals Panel
  93. Application to Appeals Panel and determination of appeal by appeals officer or Appeals Board
  94. Appeal procedures PART 10 Amendments to other Acts, Transitional and Savings Provisions and Consequential Amendments To other Acts Chapter 1 Amendments to other Acts
  95. Amendment of Act of 1931
  96. Prohibition on employment of child or young person in providing relevant gambling activity
  97. Amendment of Act of 2002
  98. Amendment of Act of 2010 Chapter 2 Transitional provisions: Act of 1929 and regulations made under that Act
  99. Definition
  100. Totalisator licences under Act of 1929 Chapter 3 Transitional provisions: Act of 1931 and regulations made under that Act
  101. Definition
  102. Transitional provision: general
  103. Transitional provisions: bookmaker’s license under section 7 of Act of 1931
  104. Transitional provision: certificates of personal fitness under sections 4 and 5 of Act of 1931 for bookmaker’s licence
  105. Transitional provision: remote bookmaker’s licence under section 7B of Act of 1931
  106. Transitional provision: remote betting intermediary’s licence under section 7C of Act of 1931
  107. Transitional provision: certificates of personal fitness under section 5A for remote bookmaker’s licence or remote betting intermediary’s licence
  108. Transitional provision: certificates of suitability of premises under section 10 of Act of 1931
  109. Transitional provision: registration under section 12 of Act of 1931 in register of bookmaking offices
  110. Transitional provision: revocation of licence or registration by court under section 15 of Act of 1931
  111. Transitional provision: revocation of certain licences by Minister for Justice under section 16 of Act of 1931
  112. Transitional provision: registers under Act of 1931
  113. Transitional provision: compliance notice under section 32B of Act of 1931 Chapter 4 Transitional provisions: Act of 1956 and regulations under that Act
  114. Definition
  115. Transitional provision: general
  116. Transitional provision: contracts or debts referred to in section 36 of Act of 1956
  117. Transitional provision: gaming permits under Part II of Act of 1956
  118. Transitional provision: gaming licences under Part III of Act of 1956
  119. Transitional provision: lottery permits under Part IV of Act of 1956
  120. Transitional provision: lottery licences under Part IV of Act of 1956
  121. Transitional provision: revocation of licences and permits under Part V of Act of 1956
  122. Registers of gaming permits, gaming licences, lottery permits and lottery licences under Act of 1956 Chapter 5 Transitional provision: Act of 1975
  123. Transitional provisions: section 43 of Act of 1975 Chapter 6 Transitional provisions: Act of 2010 and regulations made under that Act in relation to private members’ clubs that engage in gambling activities
  124. Definitions
  125. Transitional arrangements: general
  126. Transitional arrangement: maintenance of register under section 109 of Act of 2010
  127. Transitional arrangement: registration on the register
  128. Transitional arrangement: certificate of fitness under section 109B of Act of 2010
  129. Transitional arrangement: Appeal under section 109E of Act of 2010 where application for certificate of fitness refused Chapter 7 Consequential amendments to other enactments
  130. Amendment of Act of 1958
  131. Amendment of section 1 of Street and House to House Collections Act 1962
  132. Amendment of section 8 of Pawnbrokers Act 1964
  133. Amendment of Act of 1994
  134. Amendment of Consumer Credit Act 1995
  135. Amendment of Act of 1997
  136. Amendment of Act of 2001
  137. Amendment of Local Government Act 2001
  138. Amendment of section 2 of Criminal Justice (Public Order) Act 2003
  139. Amendment of section 93 of Charities Act 2009 SCHEDULE 1 Relevant Offence SCHEDULE 2 PART 1 Acts Repealed PART 2 Statutory Instruments Revoked SCHEDULE 3 Maximum Relevant Payment and Maximum Winnings Acts Referred to Betting (Amendment) Act 2015 (No. 7) Betting Act 1853 (16 & 17 Vict.,) c. 119 Betting Act 1931 (No. 27) Betting and Loans (Infants) Act 1892 (55 & 56 Vict.) c. 4 Broadcasting Act 2009 (No. 18) Central Bank Act 1942 (No. 22) Central Bank Act 1989 (No. 16) Charities Act 2009 (No. 6) Child Trafficking and Pornography Act 1998 (No. 22) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Communications Regulation Act 2002 (No. 20) Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Consumer Credit Act 1995 (No. 24) Consumer Protection Act 2007 (No. 19) Counterfeiting Act 2021 (No. 16) Credit Union Act 1997 (No. 15) Criminal Damage Act 1991 (No. 31) Criminal Justice (Corruption Offences) Act 2018 (No. 9) Criminal Justice (Female Genital Mutilation) Act 2012 (No. 11) Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6) Criminal Justice (Public Order) Act 2003 (No. 16) Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50) Criminal Law (Human Trafficking) Act 2008 (No. 8) Criminal Law (Rape) (Amendment) Act 1990 (No. 32) Criminal Law (Sexual Offences) Act 1993 (No. 20) Criminal Law (Sexual Offences) Act 2006 (No. 15) Criminal Law (Sexual Offences) Act 2017 (No. 2) Data Protection Act 2018 (No. 7) Domestic Violence Act 2018 (No. 6) Electoral Reform Act 2022 (No. 30) European Parliament Elections Act 1997 (No. 2) Finance (Miscellaneous Provisions) Act 1956 (No. 47) Finance Act 1975 (No. 6) Finance Act 1992 (No. 9) Finance Act 2002 (No. 5) Fire Services Act 1981 (No. 30) Freedom of Information Act 2014 (No. 30) Gaming Act 1744 (18 Geo. 2.) c. 34 Gaming and Lotteries Act 1956 (No. 2) Gaming and Lotteries Acts 1956 to 2003 Greyhound Industry Act 1958 (No. 12) Harassment, Harmful Communications and Related Offences Act 2020 (No. 32) Horse and Greyhound Racing Act 2001 (No. 20) Interpretation Act 2005 (No. 23) Irish Horseracing Industry Act 1994 (No. 18) Licensing Act 1872 (35 & 36 Vict., c. 94) Local Government Act 2001 (No. 37) Mercantile Marine Act 1955 (No. 29) Misuse of Drugs Act 1977 (No. 12) National Archives Act 1986 (No. 11) National Lottery Act 1986 (No. 28) National Lottery Act 2013 (No. 13) National Treasury Management Agency Act 1990 (No. 18) Netting of Financial Contracts Act 1995 (No. 25) Non-Fatal Offences against the Person Act 1997 (No. 26) Offences against the Person Act 1861 (24 & 25 Vict., c.100) Pawnbrokers Act 1964 (No. 31) Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93) Protection of Young Persons (Employment) Act 1996 (No. 16) Punishment of Incest Act 1908 (8 Edw. 7 c.45) Street and House to House Collections Act 1962 (No. 13) Taxes Consolidation Act 1997 (No. 39) Totalisator Act 1929 (No. 22) Number 35 of 2024 GAMBLING REGULATION ACT 2024 An Act to provide for the establishment of a body to be known as Údarás Rialála Cearrbhachais na hÉireann or, in the English language, the Gambling Regulatory Authority of Ireland for the purposes of licensing and regulating betting, gaming, certain lotteries and the sale or supply of products or services related to gambling; to provide for the funding of that Authority by means of imposition of a charge on licensees; to provide for the establishment and maintenance of a register of persons who hold gambling licences in the State and a National Gambling Exclusion Register; to provide for the establishment of a Social Impact Fund to, among other matters, finance research into, raise awareness of, and eliminate or reduce, compulsive and excessive gambling; to provide for contributions to the Fund by certain licensees; to provide for the imposition of obligations on those licensees including obligations relating to advertising, inducements and sponsorship for the purposes of safeguarding persons participating in gambling; to provide for the prohibition of children participating in gambling or being employed in the gambling industry; to provide, for the purposes of ensuring conditions attached to gambling licences and obligations imposed on licensees are complied with, for compliance and enforcement measures; and for those and other purposes to repeal the Gaming Act 1744 , the Betting Act 1853 , the Totalisator Act 1929 , the Betting Act 1931 , the Gaming and Lotteries Act 1956 and certain provisions of certain other Acts, to revoke certain statutory instruments and to provide for the consequential amendment of certain other enactments; to provide for transitional arrangements; to amend the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 for the purpose of giving further effect to Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 20151 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing; and to provide for related matters. [23rd October, 2024] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title and commencement 1.
(1)This Act may be cited as the Gambling Regulation Act 2024.
(2)This Act, other than section 227, shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, and for the repeal or revocation of different provisions of the enactments effected by section 9 . Interpretation 2.
(1)In this Act— “account-holder” means a person who holds a gambling account; “Act of 1929” means the Totalisator Act 1929 ; “Act of 1931” means the Betting Act 1931 ; “Act of 1956” means the Gaming and Lotteries Act 1956 ; “Act of 1958” means the Greyhound Industry Act 1958 ; “Act of 1975” means the Finance Act 1975 ; “Act of 1994” means the Irish Horseracing Industry Act 1994 ; “Act of 1997” means the Taxes Consolidation Act 1997 ; “Act of 2001” means the Horse and Greyhound Racing Act 2001 ; “Act of 2002” means the Finance Act 2002 ; “Act of 2010” means the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 ; “Act of 2013” means the National Lottery Act 2013 ; “Act of 2014” means the Companies Act 2014 ; “Act of 2018” means the Data Protection Act 2018 ; “adjudication officer” has, subject to section 199
(2), the meaning assigned to it by section 216
(1)and a reference to an adjudication officer, other than in section 62
(3), includes a reference to the chief adjudication officer; “advertise” includes advertise by means of an image, sound or text; “Appeals Board” means a Board appointed under section 225
(4)(b) to hear an appeal; “appeals officer” means a member of the Appeals Panel appointed under section 225
(4)(a) to determine an appeal under Part 9; “Appeals Panel” shall be construed in accordance with section 224 ; “authorised officer” means an authorised officer appointed under section 184 ; “Authority” has the meaning assigned to it by section 13
(1); “beneficial owner” has the meaning given to it by Article 3 of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 20152 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No. 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC; “bet” means a payment made to participate in betting; “betting” includes pool betting; “betting licence” means— (
  1. a)an in-person betting licence, (
  2. b)a remote betting licence, (
  3. c)an in-person and remote betting licence, or (
  4. d)a remote betting intermediary licence; “Business to Business gambling licence” has the meaning assigned to it by section 89 ; “Business to Consumer gambling licence” means a betting licence, a gaming licence or a lottery licence; “charitable or philanthropic purpose” shall be construed in accordance with section 88
(4); “chief adjudication officer” means the adjudication officer appointed by the Minister under section 216
(3)to be the chief adjudication officer; “chief executive” has the meaning assigned to it by section 21
(1); “child” means a person under the age of 18 years; “committee” means a committee of the Authority established under section 20 ; “Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); “directed investigation” has the meaning assigned to it by section 195
(1); “director”, in relation to a body corporate, includes— (
  1. a)a person occupying the position of director, by whatever name called, (
  2. b)a person who effectively directs or has a material influence over the business of the body corporate, (
  3. c)a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act, unless the directors are accustomed so to act by reason only that they do so on advice given by the person in a professional capacity, and (
  4. d)where the affairs of the body corporate are managed by its members, any of the members who perform or exercise the functions of such management; “enactment” has the same meaning as it has in the Interpretation Act 2005 ; “gambling” means, whether in-person or by remote means, betting, gaming or participating in a lottery; “gambling account” means an account held by a person with a licensee of a remote gambling licence— (
  5. a)where money is lodged with that licensee for the purposes of making a relevant payment to the licensee in respect of relevant gambling activities by remote means, (
  6. b)to enable the person to make relevant payments to the licensee, (
  7. c)to hold winnings (if any), and (
  8. d)that enables the person to view the balance, relevant payments made and winnings received; “gambling activity” means— (
  9. a)providing a betting activity, a game or a lottery, or (
  10. b)selling or supplying, or offering to sell or supply, a gambling product or a gambling related service; “gambling licence” means— (
  11. a)a Business to Consumer gambling licence, (
  12. b)a gambling licence for a charitable or philanthropic purpose, or (
  13. c)a Business to Business gambling licence; “gambling licence for a charitable or philanthropic purpose” has the meaning assigned to it by section 88
(1); “gambling product” means any machine (including a gaming machine), equipment or software used, constructed or adapted for or in connection with gambling; “gambling related service” means any service provided, directly or indirectly, in the course of business which relates to a gambling activity or a gambling product, or is ancillary to a gambling activity or a gambling product and includes providing, for the operation of a gambling activity— (
  1. a)odds to licensees, (
  2. b)online hosting services, (
  3. c)support and maintenance which is indispensable to its operation, (
  4. d)risk management services, (
  5. e)fraud management services, (
  6. f)services to implement measures to protect and safeguard participants, (
  7. g)the installation, maintenance or upgrading of software, and (
  8. h)any other service the Authority prescribes; “game” means a game— (
  9. a)of skill or chance, or partly of skill and partly of chance, and (
  10. b)where a participant in the game may, having made a payment, win a prize of money or money’s worth; “gaming” means providing a game or participating in a game; “gaming licence” means— (
  11. a)an in-person gaming licence, (
  12. b)a remote gaming licence, or (
  13. c)an in-person and remote gaming licence; “gaming machine” means— (
  14. a)a machine manufactured or adapted for the purpose of allowing a person to participate, upon the making of a payment, in a gambling activity, and (
  15. b)where the outcome of that gambling activity is determined either by the action of the machine or by manipulation of the machine by the person, or both, but does not include a machine that is an amusement machine within the meaning of section 120
(2)of the Finance Act 1992 ; “in-person betting licence” has the meaning assigned to it by section 85
(1)(a); “in-person gambling licence” means a Business to Consumer gambling licence which authorises a licensee to provide a relevant gambling activity from one or more premises in the State whether or not the licence concerned also authorises the licensee to provide the activity by remote means; “in-person gaming licence” has the meaning assigned to it by section 86
(3)(a); “in-person lottery licence” has the meaning assigned to it by section 87
(3)(a); “in-person and remote betting licence” has the meaning assigned to it by section 85
(1)(c); “in-person and remote gaming licence” has the meaning assigned to it by section 86
(3)(c); “in-person and remote lottery licence” has the meaning assigned to it by section 87
(3)(c); “internet service provider” means a person who provides an internet access service to subscribers to the service; “licensee” means, subject to subsection
(6), a person who is the holder of a gambling licence which is, for the time being, in force; “local authority” has the same meaning as it has in the Local Government Act 2001; “lottery” means— (
  1. a)a product purchased or an activity engaged in by a person on the payment of money by the person, and (
  2. b)in return for which payment he or she obtains an opportunity to win a prize of money or money’s worth, and includes bingo, a raffle and an activity involving a guess or estimate of future events the results of which are not yet ascertained or of past events the results of which are not generally known but does not include— (
  3. i)an additional service that may be provided by a credit union in accordance with section 48 of the Credit Union Act 1997 , (
  4. ii)non-interest-bearing securities (known as prize bonds) created and issued by the Minister for Finance under section 22 of the Finance (Miscellaneous Provisions) Act 1956 or by the National Treasury Management Agency while the functions of that Minister under that section stand delegated to that Agency under section 5 of the National Treasury Management Agency Act 1990 , (iii) a financial instrument that is analogous to non-interest-bearing securities referred to in paragraph (
  5. ii)created and issued by a Member State other than the State, a regional authority in that other Member State or local authority of that other Member State in relation to which chance may be used to select particular securities for prizes, (
  6. iv)a lottery operated by an operator of the National Lottery, or (
  7. v)a lottery operated by a political party under Part 9 of the Electoral Reform Act 2022 ; “lottery licence” means— (
  8. a)an in-person lottery licence, (
  9. b)a remote lottery licence, or (
  10. c)an in-person and remote lottery licence; “marketing” means, in relation to a product, a service or a gambling activity, any form of commercial communication that is intended to increase or has the effect of increasing, the recognition, appeal or consumption of the product, service or gambling activity; “Minister” means the Minister for Justice; “National Gambling Exclusion Register” shall be construed in accordance with section 45
(1); “notice of non-compliance” has the meaning assigned to it by section 193
(1); “occupier” means, in relation to premises, a person, other than the owner, who is in or is entitled to be in lawful possession of the premises; “operator of the National Lottery” means— (
  1. a)the person operating the National Lottery (within the meaning of the Act of 2013)— (
  2. i)under a licence granted under section 26 of the Act of 2013, or (
  3. ii)where no such licence is in force, under section 10 of that Act, and (
  4. b)a person that is the holder of an authorisation under section 42 of the Act of 2013; “owner” means, in relation to premises, a person who holds the highest freehold or leasehold estate or interest in the premises; “participant” means, other than in sections 19
(2)and 211
(14)and subject to subsection
(3), a person participating in a relevant gambling activity on a premises in the State or by remote means; “personal data” has the same meaning as it has in the Data Protection Regulation; “pool betting” shall be construed in accordance with subsection
(2); “prescribe” means prescribe by regulations; “provider of an online application store service” means a person who provides a service the main purpose of which is to facilitate the download of, or access to, application software at endpoints of the internet; “providing a betting activity” shall be construed in accordance with section 3 ; “providing a game” shall be construed in accordance with section 4 ; “providing a lottery” shall be construed in accordance with section 5 ; “record” includes any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form in which data are held, any form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically and anything that is a part or copy, in any form, of any of, or any combination of, the foregoing; “register of gambling licensees” shall be construed in accordance with section 90 ; “registration number” has the meaning assigned to it by section 107
(1)(b); “regulated financial service provider” means an undertaking that is permitted to conduct activities as a regulated financial service provider within the meaning of section 2 of the Central Bank Act 1942 ; “relevant betting activity” means, subject to subsection
(5), a betting activity which a licensee is authorised, in accordance with section 85 , to provide under a betting licence; “relevant funds” has the meaning assigned to it in section 135
(2); “relevant gambling activity for a charitable or philanthropic purpose” has, subject to subsection
(5), the meaning assigned to it by section 88
(1); “relevant gambling product or relevant gambling related service” has, subject to subsection
(5), the meaning assigned to it by section 89
(1)(a); “relevant gambling activity” means— (
  1. a)a relevant betting activity, (
  2. b)a relevant game, (
  3. c)a relevant lottery, or (
  4. d)a relevant gambling activity for a charitable or philanthropic purpose; “relevant game” has, subject to subsection
(5), the meaning assigned to it by section 86
(2); “relevant lottery” has the meaning assigned to it by section 87
(2); “relevant obligation” means— (
  1. a)a condition attaching to a gambling licence under Chapter 9 of Part 5 or imposed on a gambling licence under Part 8 , or (
  2. b)an obligation (however described) imposed on a licensee under this Act or any regulations made under this Act; “relevant offence” means an offence set out in Schedule 1 ; “relevant officer” means— (
  3. a)in relation to a body corporate— (
  4. i)a person who exercises control (within the meaning of section 11 or 432 of the Act of 1997) in relation to the body, (
  5. ii)a director, manager, secretary or other officer of the body, (iii) a member of the board (including the chairperson) of the body, (
  6. iv)the chief executive officer, managing director or any other person acting in such capacity (by whatever named called) of the body, (
  7. v)a person who purports to act in a capacity referred to in any of subparagraphs (
  8. ii)to (iv), and (
  9. b)in relation to a body corporate not established in the State, a person who— (
  10. i)holds an office or position equivalent to any office or position referred to in subparagraphs (
  11. i)to (
  12. iv)of paragraph (a), or (
  13. ii)purports to act in a capacity of a person who holds such an office or position; “relevant payment” means— (
  14. a)a bet, (
  15. b)a payment made to participate in a game, or (
  16. c)subject to subsection
(4), a payment made to participate in a lottery; “relevant premises” means— (
  1. a)a greyhound race track operated under a greyhound race track licence under the Act of 1958, (
  2. b)an authorised coursing ground and the precincts thereof at which authorised coursing meetings are held (each within the meaning of the Act of 1958), (
  3. c)an authorised racecourse (within the meaning of the Act of 1994), and (
  4. d)a place at which, in accordance with the Rules of Racing (within the meaning of the Act of 1994), a point-to-point steeplechase meeting is being held; “remote betting intermediary” means a person (in this definition referred to as an “intermediary”) who, in the course of business, provides a facility that enables another person to engage in betting with a person, other than the intermediary, by remote means; “remote betting intermediary licence” has the meaning assigned to it by section 85
(1)(d); “remote betting licence” has the meaning assigned to it by section 85
(1)(b); “remote gambling licence” means a Business to Consumer gambling licence that authorises the licensee to provide a relevant gambling activity by remote means; “remote gaming licence” has the meaning assigned to it by section 86
(3)(b); “remote lottery licence” has the meaning assigned to it by section 87
(3)(b); “remote means” means any means by which a person can participate in gambling otherwise than in-person including by using— (
  1. a)the internet, (
  2. b)a telephone, or (
  3. c)a television; “Segregated Customer Account” has the meaning assigned to it by section 135
(1); “special categories of personal data” has the same meaning as it has in the Act of 2018; “Social Impact Fund” shall be construed in accordance with section 50 ; “turnover” means— (
  1. a)in the case of a licensee of a Business to Business gambling licence, the gross profit on the sale or supply of relevant gambling products or relevant gambling related services, (
  2. b)in the case of a licensee of a remote betting intermediary licence, the total amount paid in charges to the licensee for providing the facility that enables a person to engage in betting, and (
  3. c)in the case of any other licensee, the licensee’s total income from relevant gambling activities less the total amount paid out in winnings for those activities; “winnings” means the money or money’s worth paid out to a person who wins at betting, wins a game or wins in a lottery, as the case may be.
(2)For the purposes of this Act, betting is pool betting if made on terms that all or part of the winnings are— (
  1. a)determined by reference to the aggregate of bets made in respect of an event, and (
  2. b)divided— (
  3. i)among the persons who make a bet and select the correct outcome in respect of an event, and (
  4. ii)in proportion to the amount of that bet.
(3)A reference in the definition of “participant” to a person participating in a relevant gambling activity on a premises in the State includes, in the case of a relevant gambling activity for a charitable or philanthropic purpose, a reference to a person participating in that activity off a premises.
(4)A reference to a payment made to participate in a lottery in paragraph (c) of the definition of “relevant payment” includes, in the case of bingo, a reference to a payment made to purchase a ticket, or a book of tickets where the tickets in the book cannot be sold separately, to participate in bingo.
(5)A reference in this Act to a relevant betting activity, a relevant game, a relevant lottery, a relevant gambling activity for a charitable or philanthropic purpose or a relevant gambling product or a relevant gambling related service is a reference to such activity, game, lottery, product or service as varied under section 117 , 122 or 128 , or on appeal under section 225
(12), as the case may be.
(6)Subject to subsection
(7), a reference in the definition of “licensee” to a gambling licence which is, for the time being, in force includes a reference to a licensee of a gambling licence which would, but for a period of suspension imposed under section 81 or Part 8 in respect of the gambling licence concerned, be in force.
(7)A licensee whose gambling licence is, by virtue of the application of subsection
(6), in force (notwithstanding that the licence stands suspended) shall not be a licensee for the purposes of providing a relevant gambling activity during the period of any such suspension. Reference to providing betting activity 3.
(1)A reference in this Act to a person providing a betting activity shall be taken to be a reference to the person— (
  1. a)acting, or offering to act, as a bookmaker, (
  2. b)acting, or offering to act, as a remote betting intermediary, (
  3. c)offering to take a bet, or (
  4. d)causing another person to do any of the activities referred to in paragraph (a), (
  5. b)or (c).
(2)In this section, “bookmaker” means a person who, in relation to betting, in the course of business— (
  1. a)sets odds, (
  2. b)accepts bets, and (
  3. c)undertakes to pay out winnings. Reference to providing game 4. A reference in this Act to a person providing a game shall be taken to be a reference to the person— (
  4. a)selling or offering to sell a game, or (
  5. b)causing another person to sell or offer to sell a game. Reference to providing lottery 5. A reference in this Act to a person providing a lottery shall be taken to be a reference to the person— (
  6. a)selling or offering to sell a product or activity referred to in the definition, in section 2
(1), of “lottery”, or (b) causing another person to do any of the activities referred to in paragraph (a). Unenforceability of contracts: bookmakers 6. No action shall lie in contract in relation to a relevant betting activity with a licensee that provides the activity concerned as a bookmaker (within the meaning of section 3
(2)). Expenses 7. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas. Service of documents 8.
(1)A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name and may be so served on or given to the person in one of the following ways: (
  1. a)by electronic means; (
  2. b)by delivering it in person; (
  3. c)by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; (
  4. d)by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.
(2)For the purposes of this section, a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business. Regulations 9.
(1)A regulation made under this Act may contain such incidental, supplementary and consequential provisions as the Minister or the Authority, as the case may be, considers necessary or expedient.
(2)The Authority shall furnish a copy of regulations made by it under this Act to the Minister as soon as practicable after the regulations are made.
(3)The Minister shall cause every regulation made under this Act to be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Repeals and revocations 10.
(1)Subject to Part 10, the enactments specified in Part 1 of Schedule 2 are repealed.
(2)Subject to Part 10, the enactments specified in Part 2 of Schedule 2 are revoked. PART 2 Gambling Regulatory Authority of0 Ireland Chapter 1 Establishment, functions and governance of Authority Definition (Chapter 1) 11. In this Chapter, other than in sections 20
(4)and 25
(4), “chairperson” means the chairperson of the Authority. Establishment day 12. The Minister shall by order appoint a day to be the establishment day for the purposes of this Act. Establishment of Gambling Regulatory Authority of Ireland 13.
(1)On the establishment day there shall stand established a body, to be known as Údarás Rialála Cearrbhachais na hÉireann or, in the English language, the Gambling Regulatory Authority of Ireland (in this Act referred to as the “Authority”), to perform the functions conferred on it by this Act.
(2)The Authority shall be a body corporate with perpetual succession and an official seal and shall have the power to sue, and may be sued, in its corporate name and shall, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, have the power to acquire, hold and dispose of land or an interest in land, and shall have the power to acquire, hold and dispose of any other property.
(3)The seal of the Authority shall be authenticated by the signatures of— (
  1. a)the chairperson or another member of the Authority authorised by it to act in that behalf, or (
  2. b)the chief executive or a member of staff of the Authority authorised by the Authority.
(4)Judicial notice shall be taken of the seal of the Authority and any document purporting to be an instrument made by, and to be sealed with the seal of, the Authority shall, unless the contrary is proved, be received in evidence and be deemed to be such instrument without further proof.
(5)Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal, may be entered or executed on behalf of the Authority by any person generally or specially authorised by the Authority in that behalf. Membership of Authority 14.
(1)The Authority shall comprise 7 members appointed by the Minister from among such persons as are recommended to him or her by the Public Appointments Service in accordance with section 16 for appointment.
(2)The Minister shall appoint one of the members referred to in subsection
(1)to be the chairperson.
(3)In appointing the members of the Authority, the Minister shall have regard to the objective of there being no fewer than 3 members who are women and no fewer than 3 members who are men. Functions of Authority 15.
(1)The general functions of the Authority shall be— (
  1. a)to license, supervise and control gambling activities in the State, (
  2. b)to establish and maintain— (
  3. i)a register of gambling licensees, and (
  4. ii)a National Gambling Exclusion Register, (
  5. c)to establish, maintain and administer the Social Impact Fund in accordance with Chapter 4 of Part 2 , (
  6. d)to establish, or cause to be established, standards for certain gambling products or gambling related services, or both, and to certify those products or services for sale or supply by a licensee of a Business to Business gambling licence in accordance with Chapter 8 of Part 5 , (
  7. e)to impose obligations on licensees and other persons in relation to advertising and branded clothing and merchandise, (
  8. f)to impose obligations on licensees including, in accordance with Part 6 , in relation to the protection of children, inducements to gamble, the sponsorship of relevant gambling activities, the training of staff, the notification of suspicious gambling patterns (within the meaning of section 156
(1)) and the maintenance of accounts and records, (
  1. g)to monitor and enforce compliance by licensees with this Act, (
  2. h)to take such enforcement measures, in accordance with Part 8 , as are necessary to enforce relevant obligations, (
  3. i)to deal with complaints made to the Authority in accordance with Part 7 , (
  4. j)to take measures to stop prohibited gambling activities in accordance with Part 4 , (
  5. k)to enhance public awareness and disseminate information to the public in respect of the licensing and regulation of gambling activities, (
  6. l)to be a competent authority for the purposes of the Act of 2010, (
  7. m)to enter into information sharing arrangements with persons outside the State performing similar functions to the Authority and to enter into information sharing agreements with persons in the State, (
  8. n)to engage in research activities in relation to gambling activities, (
  9. o)to conduct a review of the operation of this Act from time to time and to report to the Minister on the outcome of the review and, if appropriate, to make recommendations to the Minister following that review, (
  10. p)to report to the Minister on the performance of its functions when requested to do so by the Minister, and (
  11. q)to cooperate, in relation to the regulation of gambling activities, with the Charities Regulatory Authority, the Competition and Consumer Protection Commission, Coimisiún na Meán and the Revenue Commissioners.
(2)The Authority shall have all such powers as are necessary or expedient for the performance of its functions.
(3)Subject to this Act, the Authority shall be independent in the performance of its functions.
(4)The Authority may require the chief executive to perform functions of the Authority other than functions of the Authority under Chapter 2 of Part 4 or Chapter 8 of Part 8. Recommendation for appointment of members of Authority 16.
(1)The Minister shall, from time to time as required, request the Public Appointments Service to undertake a selection process for the purpose of identifying and recommending to the Minister persons who are suitable for appointment under section 14
(1)as members of the Authority.
(2)Upon receipt of a request under subsection
(1), the Public Appointments Service shall undertake a selection process and, subject to subsection
(3), recommend to the Minister, from among persons who participated in the process, those persons whom it is satisfied are suitable for appointment as members of the Authority.
(3)The Minister shall agree with the Public Appointments Service the selection criteria and procedures that are to apply to the selection process under this section having regard to— (a) the desirability that the members of the Authority will, among them, possess knowledge of, and experience, qualifications, training or expertise in, the matters specified in subsection
(4), (
  1. b)the need, in so far as possible, to achieve the objective that no fewer than 3 members of the Authority are women and no fewer than 3 members are men, and (
  2. c)the need to ensure that a person recommended to the Minister under subsection
(2)is a fit and proper person to be a member of the Authority.
(4)The matters referred to in subsection
(3)(
  1. a)are matters connected with— (
  2. a)legal or compliance functions in a regulated profession or industry, (
  3. b)gambling activities, (
  4. c)consumer affairs, (
  5. d)the pathology and treatment of addiction, with particular reference to gambling addiction, (
  6. e)information and communications technology, and (
  7. f)financial services, including audit and forensic accounting practice.
(5)The Public Appointments Service shall provide the Minister with particulars of the relevant knowledge, experience, qualifications, training or expertise of each person whom it recommends under subsection
(2).
(6)The Minister may, prior to the establishment day, designate persons, the subject of a recommendation under subsection
(2), to be the first members of the Authority and from among those persons so designated, one of their number to be the first chairperson.
(7)If, immediately before the establishment day, a person stands designated under subsection
(6), the person shall, on that day, stand appointed as a member of the Authority or as both such member and the chairperson, as the case may be. Terms and conditions of membership of Authority 17.
(1)Subject to subsections
(2)and
(3), a member of the Authority shall hold office, unless the member sooner dies, resigns, is removed from office or otherwise ceases to hold office in accordance with Part 3, for a period of 4 years from the date of his or her appointment.
(2)Such 3 of the first members of the Authority, other than the chairperson, as are determined by the drawing of lots shall hold office for a period of 3 years from the date of their respective appointments as members.
(3)Subject to subsection
(4), a member of the Authority whose term of office expires with the passage of time may be reappointed under section 14
(1)as a member of the Authority without the need for a further recommendation under section 16 .
(4)A person who is reappointed as a member of the Authority under subsection
(3)shall— (a) where he or she is one of the 3 first members referred to in subsection
(2), not hold office for periods the aggregate of which exceeds 7 years, and (b) in the case of any other member of the Authority, not hold office for periods the aggregate of which exceeds 8 years.
(5)A member of the Authority may resign from office by notice in writing addressed to the Minister and the resignation takes effect on the date the Minister receives the notice or, if a date is specified in the notice and the Minister agrees to the date, on that date.
(6)Each member of the Authority— (
  1. a)shall hold office on a part-time basis and on such other terms (other than the payment of remuneration and allowances for expenses) as the Minister may determine, and (
  2. b)shall be paid by the Authority, out of the resources at its disposal, such remuneration and allowances for expenses (if any) as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.
(7)Where a member of the Authority dies, resigns, is removed from office or otherwise ceases to hold office in accordance with Part 3, the casual vacancy shall be filled in accordance with section 14
(1)and the person appointed to fill the casual vacancy— (
  1. a)shall hold office for that period of the term of office of the member who occasioned that vacancy that remains unexpired at the date of that person’s appointment, and (
  2. b)may be re-appointed under subsection
(3)and the period for which he or she held office under paragraph (a) shall be taken into account for the purposes of subsection
(4). Power to appoint consultants and advisers and enter into contracts 18.
(1)The Authority may, as it considers necessary to assist it in the performance of its functions— (
  1. a)enter into contracts or arrangements with any person, and (
  2. b)appoint consultants or advisers.
(2)The Authority may, out of the resources at its disposal, pay to a person, consultant or adviser referred to in subsection
(1), such fees (if any) or allowances for expenses (if any) as the Authority may determine.
(3)The appointment of a consultant or adviser shall be for such period and, subject to subsection
(2), be on such terms and conditions, as the Authority considers appropriate. Procedures of Authority 19.
(1)The Authority shall hold such and so many meetings as may be necessary for the due performance of its functions, but in each year shall hold not less than one meeting in each period of 3 months.
(2)The Authority may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time.
(3)The chairperson shall— (
  1. a)fix the date, time and place of the first meeting of the Authority, and (
  2. b)at that first meeting, draw lots for the purposes of section 17
(2).
(4)The quorum for a meeting of the Authority shall be 4.
(5)At a meeting of the Authority— (
  1. a)the chairperson shall, if present, be the chairperson of the meeting, and (
  2. b)if and so long as the chairperson is not present or if the office of chairperson is vacant, the members of the Authority who are present shall choose one of their number to act as the chairperson of the meeting.
(6)Each member of the Authority present at a meeting of the Authority shall have a vote.
(7)At a meeting of the Authority, a question on which a vote is required shall be determined by a majority of the votes of the members of the Authority present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.
(8)Subject to this Act, the Authority may determine its own procedures.
(9)The Authority may act notwithstanding one or more vacancies in its membership. Committees of Authority 20.
(1)The Authority may establish one or more committees of the Authority— (
  1. a)to assist it in the performance of its functions, or (
  2. b)to advise it on matters relating to its functions.
(2)Subject to subsection
(3), a committee may consist of such number of members as the Authority considers appropriate and the membership of a committee may be comprised of members of the Authority or members of staff of the Authority, or both.
(3)Where a committee is established to advise the Authority on matters relating to its functions, membership of the committee may include persons who— (
  1. a)are not members of, or members of the staff of, the Authority, and (
  2. b)have relevant expertise or experience in those matters.
(4)The chairperson of a committee shall be appointed by the Authority.
(5)A committee shall, subject to the approval of the Authority, determine its own procedures.
(6)There may be paid by the Authority, out of the resources at its disposal, such allowances for expenses (if any) incurred by the members of a committee, as the Minister may, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform determine. Chief executive 21.
(1)There shall be a chief executive officer of the Authority (in this Act referred to as the “chief executive”).
(2)The Authority shall request the Public Appointments Service to hold a selection process for the purpose of identifying and recommending a person who it is satisfied is suitable for appointment as chief executive from time to time when the position of chief executive becomes vacant or the Authority anticipates it is to become vacant.
(3)The Public Appointments Service shall, when requested to do so under subsection
(2), hold a selection process and recommend to the Authority such person or persons whom it is satisfied is or are suitable for appointment as chief executive.
(4)Subject to subsections
(6)and
(7), the Authority shall, with the consent of the Minister, from among the persons recommended under subsection
(3), appoint a person to be the chief executive.
(5)Subject to subsection
(7), the chief executive shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the Authority shall determine.
(6)The Minister may, before the establishment day, designate a person to be appointed the first chief executive of the Authority.
(7)Where, immediately before the establishment day, a person stands designated by the Minister under subsection
(6), the Authority shall appoint that person to be the first chief executive for such period, not exceeding 5 years from the date of his or her appointment, as the Minister shall determine.
(8)Subject to subsection
(9), a chief executive whose term of office expires with the passage of time shall be eligible for reappointment by the Authority.
(9)A person who is reappointed by the Authority in accordance with subsection
(8)shall not hold office for periods the aggregate of which exceeds 10 years.
(10)The chief executive shall hold office under contract in writing upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances for expenses and superannuation) as may be determined, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, by— (a) in the case of the first chief executive, the Minister, and (b) in all other cases, the Authority.
(11)The chief executive shall not hold any other office or employment or carry on any business without the consent of the Authority.
(12)The chief executive may be removed from office by the Authority, with the consent of the Minister, for stated reasons. Functions of chief executive 22.
(1)The chief executive shall— (
  1. a)carry on, manage and control generally, the administration of the Authority, and (
  2. b)perform such other functions (if any) as may, subject to section 15
(4), be determined by the Authority.
(2)The chief executive shall perform his or her functions subject to such policies as may be determined from time to time by the Authority and shall be responsible to the Authority for the efficient and effective management of the Authority and for the due performance of his or her functions.
(3)The chief executive may make proposals to the Authority on any matter relating to its functions.
(4)The chief executive shall provide the Authority with such information in respect of the performance of his or her functions as the Authority may require.
(5)The Authority may designate a member of staff of the Authority to perform the functions of the chief executive in the absence of the chief executive or when the position of chief executive is vacant and the member of staff so designated shall, in such absence or upon such position being vacant, perform those functions. Delegation of functions of chief executive 23.
(1)The chief executive may, with the consent of the Authority in writing, delegate any of his or her functions to a member of staff of the Authority and the member of staff shall be accountable to the chief executive for the performance of the functions so delegated.
(2)The chief executive shall be accountable to the Authority for the performance of functions delegated by him or her under subsection
(1).
(3)The chief executive may, with the consent of the Authority in writing, revoke a delegation made by him or her under subsection
(1).
(4)In this section, “functions” does not include a function delegated by the Authority to the chief executive subject to a condition that the function shall not be delegated by the chief executive to another person. Accountability of chief executive to Public Accounts Committee 24.
(1)The chief executive shall, whenever required in writing to do so by the Public Accounts Committee, give evidence to that Committee in relation to— (
  1. a)the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account that the Authority is required by this Act to prepare (being a book or record of account that is subject to audit by the Comptroller and Auditor General), (
  2. b)the economy and efficiency of the Authority in the use of its resources, (
  3. c)the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and (
  4. d)any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11
(2)of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as that other report relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.
(2)In giving evidence under this section, the chief executive shall not question or express an opinion on the merits of— (
  1. a)any policy of the Government or a Minister of the Government, or (
  2. b)the objectives of such a policy.
(3)In this section, “Public Accounts Committee” means the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General. Accountability of chief executive to other Oireachtas Committees 25.
(1)Subject to subsection
(2), the chief executive shall, whenever required in writing to do so by a Committee, attend before it to give account for the general administration of the Authority.
(2)The chief executive shall not be required to give account before a Committee for any matter which is, has been, or may at a future time be, the subject of proceedings before a court or tribunal in the State.
(3)Where the chief executive is of the opinion that a matter in respect of which he or she is required to give an account before a Committee is a matter to which subsection
(2)applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chief executive is before it, the information shall be so conveyed in writing.
(4)Where the chief executive has informed a Committee of his or her opinion in accordance with subsection
(3)and the Committee does not withdraw the requirement in writing referred to in subsection
(1)— (a) the chief executive may, not later than 21 days after being informed by the Committee of its decision not to withdraw the requirement, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection
(2)applies, or (b) the chairperson of the Committee may, on behalf of the Committee, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection
(2)applies, and the High Court shall determine the matter.
(5)Pending the determination of an application under subsection
(4), the chief executive shall not attend before the Committee to give account for the matter the subject of the application.
(6)If the High Court determines that the matter concerned is one to which subsection
(2)applies, the Committee shall withdraw the requirement in writing, but if the High Court determines that subsection
(2)does not apply, the chief executive shall attend before the Committee and give account for the matter.
(7)In the performance of his or her duties under this section, the chief executive shall not question or express an opinion on the merits of— (
  1. a)any policy of the Government or a Minister of the Government, or (
  2. b)the objectives of such a policy.
(8)In this section, “Committee” means a Committee (other than the Public Accounts Committee referred to in section 24 , the Committee on Members’ Interests of Dáíl Éireann or the Committee on Members’ Interests of Seanad Éireann) appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas or a subcommittee of such a Committee. Staff of Authority 26.
(1)The Authority may, with the consent of the Minister given with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform— (
  1. a)appoint persons to be members of the staff of the Authority, and (
  2. b)determine the terms and conditions of employment (including terms and conditions relating to remuneration, superannuation and allowances for expenses (if any)) of the persons so appointed.
(2)Subject to subsection
(3), the Authority may enter into an arrangement with the employer of a public sector employee for the secondment of the employee to be a member of staff of the Authority for the duration of the secondment.
(3)A secondment under subsection
(2)may only be made with the consent of the public sector employee concerned and the Minister.
(4)The Authority may, from time to time, for the purposes of appointing persons to be members of staff of the Authority under subsection
(1)(a), request the Public Appointments Service to undertake a competition for the purpose of identifying persons who are suitable for appointment.
(5)The Public Appointments Service shall undertake a competition when requested to do so by the Authority under subsection
(4).
(6)The remuneration, superannuation (where appropriate) and allowances (if any) of the staff of the Authority are payable by the Authority out of funds at the Authority’s disposal.
(7)In this section, “public sector employee” means a person whose emolument is paid, funded or partly funded directly or indirectly by the State. Superannuation 27.
(1)The Authority shall, with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make a scheme or schemes for the granting of superannuation benefits to, or in respect of, a person— (
  1. a)appointed chief executive who on such appointment is not, or does not become, a member of the Single Public Service Pension Scheme, or (
  2. b)who, on becoming a member of staff of the Authority, is not, or does not become, a member of that Scheme.
(2)A scheme under this section shall fix the time and conditions of retirement of all persons to, or in respect of whom, superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.
(3)The Authority may, with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make a scheme amending a scheme under this section including a scheme under this subsection.
(4)A scheme under this section shall, if approved by the Minister, be carried out by the Authority in accordance with its terms.
(5)If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable pursuant to a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Public Expenditure, National Development Plan Delivery and Reform and that Minister’s decision shall be final.
(6)No superannuation benefits shall be granted by the Authority to, or in respect of, a person on ceasing to be the chief executive or a member of the staff of the Authority otherwise than— (
  1. a)in accordance with a scheme or schemes under this section, or (
  2. b)with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform.
(7)A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(8)Subsection
(7)shall, with all necessary modifications, apply to an amendment to a scheme under this section as it applies to a scheme under this section.
(9)In this section— “amending”, in relation to a scheme under this section, includes revoking the scheme; “superannuation benefit” means any pension, gratuity or other allowance payable to, or in respect of, a person ceasing to be the chief executive or a member of the staff of the Authority. Annual accounts 28.
(1)The Authority shall keep, in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, all proper and usual accounts (in this section referred to as “annual accounts”) of all money received or expended by it.
(2)Annual accounts shall be submitted by the Authority to the Comptroller and Auditor General for audit not later than 1 April in the year immediately following the financial year to which they relate or on such earlier date as the Minister may specify.
(3)The Authority shall, immediately after the audit referred to in subsection
(2), present to the Minister a copy of— (
  1. a)the annual accounts, and (
  2. b)the report of the Comptroller and Auditor General on those accounts.
(4)The Minister shall cause a copy of the annual accounts and report presented to him or her under subsection
(3)to be laid before each House of the Oireachtas as soon as practicable after such presentation. Annual report 29.
(1)The Authority shall, not later than 6 months after the end of each year, make a report (in this section referred to as the “annual report”) to the Minister on the performance of its functions during the preceding year.
(2)Notwithstanding subsection
(1), if, but for this subsection, the first annual report under this section would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be made as soon as may be, but not later than 6 months after the end of that year.
(3)An annual report shall be in such form, and include such information in respect of the performance by the Authority of its functions, as the Authority considers appropriate or as the Minister may direct.
(4)The Minister shall, as soon as is practicable after receipt of an annual report, cause a copy of the annual report to be laid before each House of the Oireachtas. Strategy statement 30.
(1)The Authority shall, as soon as practicable after the establishment day and thereafter within the period of 6 months before each third anniversary of the establishment day, prepare and submit to the Minister, a strategy statement for the 3 year period immediately following the year in which the statement is submitted.
(2)The Minister may issue a direction in writing to the Authority in relation to the form and manner in which a strategy statement shall be prepared under subsection
(1)and the Authority shall comply with the direction.
(3)The Minister shall, as soon as is practicable after a strategy statement has been submitted to him or her under subsection
(1), cause a copy of the statement to be laid before each House of the Oireachtas.
(4)In this section, “strategy statement” means a statement of the key objectives, outputs and related strategies, including the use of its resources, of the Authority. Codes of practice 31.
(1)Subject to subsection
(2), the Authority may, and at the request of the Minister shall, prepare and adopt a code of practice for any of the purposes specified in subsection
(3).
(2)The Authority shall consult with the Minister before adopting a code of practice under subsection
(1).
(3)The purposes referred to in subsection
(1)are— (
  1. a)setting standards for the provision of relevant gambling activities, and (
  2. b)providing practical guidance to licensees in relation to the application and operation of this Act or any regulations made under it.
(4)The Authority may publish, in such manner as it considers appropriate, a draft code prepared by it and, where it publishes a draft, shall invite persons to make representations in writing to it in relation to the draft within such period as it specifies in the invitation.
(5)Where the Authority adopts a code of practice under subsection
(1), the Authority shall publish the code on its website and specify the date from which the code shall have effect which shall be a date not earlier than 7 days from such publication.
(6)The Authority may, having consulted with the Minister, amend or revoke a code of practice adopted by it under subsection
(1)and— (
  1. a)where it amends a code, shall publish the code as amended on its website and specify the date from which the code as amended shall have effect which shall be a date not earlier than 7 days from such publication, and (
  2. b)where it revokes a code, shall publish a notice on its website of the fact of such revocation and specify the date from which the code is revoked.
(7)For the purposes of subsection
(8), a code of practice shall be admissible in evidence in proceedings under this Act in respect of an alleged contravention by a licensee of a relevant obligation where at the time the alleged contravention was committed the code— (a) was in effect, and (b) provided practical guidance to licensees in relation to the matter which is the subject of that alleged contravention.
(8)Where it is proved in any proceedings referred to in subsection
(7)that any act or omission of the licensee alleged to constitute the contravention— (
  1. a)was a failure to observe a code of practice referred to in that subsection, or (
  2. b)was in compliance with that code of practice, that failure or compliance, as the case may be, is admissible in evidence.
(9)A document purporting to be a copy, and to be certified by an employee of the Authority to be a true copy, of a code of practice or an extract of a code of practice, shall, unless the contrary is proved, be admitted in evidence in any proceedings and be evidence of the matters specified therein without further proof. Conduct of research 32. The Authority may undertake, commission or collaborate with research projects in relation to gambling or gambling activities, or both, including: (
  1. a)gambling addiction; (
  2. b)turnover generated through such activities; (
  3. c)developments in information technology in the provision of such activities; (
  4. d)policy approaches to the regulation of gambling and gambling activities in jurisdictions outside the State; or (
  5. e)developments in forensic accounting practice. Review of operation of Act and consideration of issues of concern 33.
(1)The Authority— (
  1. a)shall monitor and review— (
  2. i)the implementation of this Act including the adequacy of the functions assigned to the Authority, and (
  3. ii)national and international developments in relation to gambling and gambling activities and international developments in the regulation of gambling and gambling activities, and (
  4. b)may consider existing and emerging practices in gambling and gambling activities, whether in relation to gambling or gambling activities generally or a particular type of gambling or gambling activity, for the purposes of identifying issues of concern arising from such practices.
(2)Without prejudice to the generality of subsection
(1)(b), for the purposes of that provision, issues of concern may arise in relation to practices, which although in accordance with the law or a code of practice applicable to such practices, the law or code of practice as applied— (a) is giving rise, or may give rise, to an increase in compulsive or excessive gambling, or (b) is detrimental to the public interest.
(3)The Authority shall, in performing its functions under subsection
(1), have regard to research referred to in section 32 which is relevant to the function concerned.
(4)A review under subsection
(1)(a) shall be conducted not later than 5 years after the coming into operation of this section and, thereafter, from time to time as the Authority may determine.
(5)The Authority shall, following a review under subsection
(1)(a), prepare a report of the findings of the review and set out such recommendations (if any) relating to the matters set out in that provision as it considers appropriate.
(6)The Authority shall, where it identifies issues of concern following its consideration of practices under subsection
(1)(b), prepare a report in relation to those issues and set out such recommendations (if any) to address those issues as it considers appropriate.
(7)The Authority shall submit a report and recommendations (if any) prepared under subsection
(5)or
(6), as the case may be, to the Minister for his or her consideration.
(8)The Minister may, having considered a report and any recommendations submitted to him or her under subsection
(7), provide his or her views to the Authority on the implementation of any of those recommendations and may identify other actions, arising from his or her consideration of the report and recommendations concerned, for consideration by the Authority.
(9)The Authority shall, within such time as is specified by the Minister, report to the Minister on any implementation measures it takes in respect of recommendations made by it or in respect of actions identified by the Minister for consideration by the Authority under this section. Request from Minister to Authority for report 34. The Minister may, from time to time as he or she considers appropriate, request the Authority to make a report to him or her on any matter relating to the functions of the Authority, and the Authority shall comply with the request within the period specified in the request or within such other period as may be agreed by the Minister and the Authority. Information sharing agreements with persons in State 35.
(1)Subject to compliance with the Data Protection Regulation and the Act of 2018, the Authority may enter into an information sharing agreement with a person in the State specified in subsection
(2)for the purposes of the performance of the functions of the Authority or the person concerned, or both.
(2)A person referred to in subsection
(1)means— (
  1. a)the Garda Síochána, (
  2. b)Coimisiún na Meán, (
  3. c)the Charities Regulatory Authority, (
  4. d)the Companies Registration Office, (
  5. e)the Competition and Consumer Protection Commission, (
  6. f)the Corporate Enforcement Authority, (
  7. g)the Criminal Assets Bureau, or (
  8. h)the Revenue Commissioners. Amendment of National Archives Act 1986 36. The Schedule to the National Archives Act 1986 is amended by the addition of “Gambling Regulatory Authority of Ireland, the Appeals Panel, an appeals officer or an adjudication officer (each within the meaning of the Gambling Regulation Act 2024)”. Chapter 2 Funding of Authority and fees Definitions (Chapter 2) 37. In this Chapter— “operational costs” means the costs and expenses (other than the costs covered by fees payable in accordance with section 38 , the remuneration referred to in section 216
(4)(b) and the expenses of a witness referred to in section 211
(9)) incurred by the Authority, a committee of the Authority, the Appeals Panel, an appeals officer, an Appeals Board and an adjudication officer in the administration of this Act and in the performance of their respective functions under this Act and without prejudice to the generality of the foregoing includes— (
  1. a)any obligations arising in respect of remuneration, superannuation and allowances for expenses in relation to— (
  2. i)members of the Authority, a committee of the Authority, the Appeals Panel or an Appeals Board, (
  3. ii)members of staff of the Authority, (iii) appeals officers, (
  4. b)the fees and allowances for expenses payable to a person, consultant or adviser referred to in section 18
(1), (
  1. c)the cost of premises and equipment, and (
  2. d)fees and costs payable in respect of legal advice, legal representation and litigation; “relevant financial period” has the meaning assigned to it by section 41
(1). Power to charge fees 38.
(1)The Authority shall, with the consent of the Minister, prescribe the fees payable— (
  1. a)on making an application for a gambling licence or for renewal of a gambling licence under Part 5 , (
  2. b)on making an application under section 116 , 117 , 122 or 128 , (
  3. c)on making an application for certification under section 124 of a gambling product or a gambling related service, and (
  4. d)on the bringing of an appeal to the Appeals Panel under Part 9 .
(2)Regulations under subsection
(1)may provide, in respect of the fees referred to in paragraph (
  1. a)of that subsection, for exemptions from the payment of fees or for the waiver of fees (in whole or in part) by reference to— (
  2. a)different gambling licences, or (
  3. b)the different relevant gambling activity or the different relevant gambling product or relevant gambling related service licensed by the gambling licences concerned. Advances by Minister to Authority 39.
(1)Subject to subsection
(4), the Minister shall advance to the Authority, out of moneys provided by the Oireachtas, such amount as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determines is necessary to fund the future operational costs of the Authority in accordance with section 40
(1).
(2)Subject to subsections
(3)and
(4), the Minister may, on the receipt of a request from the Authority under section 40
(3), advance to the Authority, out of moneys provided by the Oireachtas, such amount as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, considers appropriate in the circumstances to fund, either in whole or in part, a deficit referred to in that provision.
(3)The Minister shall, in considering whether it is appropriate to fund a deficit, in whole or in part, in accordance with subsection
(2), have regard to the ability of the Authority to draw on any reserve it may have in place to meet the deficit.
(4)An advance to the Authority under subsection
(1)or
(2)may be made subject to such conditions (if any) as the Minister, in consultation with the Minister for Public Expenditure, National Development Plan Delivery and Reform, considers appropriate. Funding of Authority 40.
(1)The Authority shall, from the advances made to it by the Minister under section 39
(1), fund the operational costs of the Authority for a period of 3 years from the establishment day.
(2)Subject to subsection
(3), the Authority shall, after the 3 years referred to in subsection
(1), fund the operational costs for a relevant financial period from the total amount of the charges imposed in accordance with section 41 for the period concerned.
(3)Where the Authority is unable to meet the operational costs incurred for a relevant financial period from the monies received from charges imposed for that period, the Authority may, for the purposes of meeting any deficit— (a) request an advance from the Minister under section 38
(2), or (b) draw on any reserve it may have in place under subsection
(4).
(4)Any money received through the imposition of charges in accordance with section 41 for a relevant financial period which is not required to cover the operational costs incurred by the Authority for that period may be retained by the Authority for any or all of the following purposes: (
  1. a)to create a reserve to pay future operational costs; (
  2. b)to offset future charges payable by licensees under that section; (
  3. c)to create a fund for the purpose of providing refunds in accordance with subsection
(5).
(5)Subject to subsection
(6), where a licensee ceases, otherwise than by reason of suspension or revocation of the gambling licence of the licensee or pursuant to a court order under section 220 , to provide a relevant gambling activity or a relevant gambling product or relevant gambling related service pursuant to the licence during a relevant financial period, he or she may apply to the Authority for a refund, calculated on a pro rata basis, of part of the charge paid by the licensee in respect of that licence for the relevant financial period.
(6)A minimum of half of the charge paid by a licensee in respect of the relevant financial period referred to in subsection
(5)shall be non-refundable. Power to impose charge to fund Authority 41.
(1)The Authority shall, from time to time, with the consent of the Minister, prescribe a financial period (in this Chapter referred to as the “relevant financial period”) by reference to which future operational costs incurred during that period shall be estimated.
(2)The Authority shall, for the purposes of funding the operational costs for a relevant financial period, on each occasion when it prescribes a relevant financial period under subsection
(1), with the consent of the Minister, determine, having regard to the matters referred to in subsection
(3), the charge payable by different licensees in respect of different gambling licences for the relevant financial period concerned.
(3)The matters referred to in subsection
(2)to which the Authority is to have regard are: (
  1. a)in relation to each gambling licence held by a licensee, the number and type of relevant gambling activities or relevant gambling products or relevant gambling related services authorised by the licence; (
  2. b)the duration that a gambling licence remains in force in accordance with section 108 ; (
  3. c)where a licensee is already providing relevant gambling activities or relevant gambling products or relevant gambling related services, the turnover from the provision of such activities, products or services, as the case may be; (
  4. d)where a licensee held a licence or permit under the Act of 1929, the Act of 1931 or the Act of 1956, the turnover from activities conducted pursuant to the licence or permit; (
  5. e)where a licensee directs or directed, or is or was the beneficial owner of, a private members’ club at which gambling activities are or were carried on under the Act of 2010, the turnover from the gambling activities concerned; (
  6. f)where a licensee has not previously held a gambling licence, the estimated turnover from the provision of relevant gambling activities or relevant gambling products or relevant gambling related services, as the case may be; (
  7. g)the administrative costs, actual or estimated, incurred by a licensee in providing relevant gambling activities or relevant gambling products or relevant gambling related services, as the case may be.
(4)The Authority may, from time to time, following consultation with the Minister, by regulations provide for exemptions (whether in whole or in part) from the payment of charges by licensees of gambling licences for charitable or philanthropic purposes having regard to— (
  1. a)whether the licence is granted pursuant to an application under either section 118 or 120 or pursuant to an application under section 119 for a once-off activity, or (
  2. b)the turnover of those licensees.
(5)The Authority shall issue a notice in writing to each licensee by whom a charge is payable in accordance with subsection
(2)setting out— (
  1. a)the charge payable and the basis for the calculation of that charge, (
  2. b)that the charge is payable by the licensee concerned within the period of 30 days of the date of the notice, (
  3. c)the form and manner in which payment is to be made, (
  4. d)the rate of interest payable on such part of the charge that remains unpaid at the expiration of the 30 days referred to in paragraph (b), and (
  5. e)the right of the person to bring an appeal in accordance with Part 9 against the amount of the charge referred to in paragraph (
  6. a)and the period within which the appeal may be brought in accordance with that Part. Power to recover fees and charges 42. The Authority may recover as a simple contract debt in any court of competent jurisdiction, from a person by whom fees or a charge is payable under this Chapter, any amount due and owing to the Authority in respect of fees or a charge imposed in accordance with this Chapter. Obligation to provide information to Minister and Minister for Public Expenditure, National Development Plan Delivery and Reform 43. The Authority shall, on being requested in writing to do so by the Minister or the Minister for Public Expenditure, National Development Plan Delivery and Reform, provide information in writing relating to the funding of the Authority provided for in this Chapter and the information shall be provided in such form and manner, and within such period, as is specified in the request or within such other period as may be agreed between the Authority and the Minister who makes the request. Chapter 3 National Gambling Exclusion Register Definition (Chapter 3) 44. In this Chapter, “relevant date” has the meaning assigned to it by section 45
(5)(b). National Gambling Exclusion Register 45.
(1)The Authority shall, as soon as is practicable after the coming into operation of this section, cause to be established and maintained, in such form as it considers appropriate, a Register to be known as the National Gambling Exclusion Register.
(2)The National Gambling Exclusion Register shall— (
  1. a)contain information on persons who have excluded themselves from participating in relevant gambling activities by remote means with licensees of Business to Consumer gambling licences, (
  2. b)be established and maintained in such a way as to enable the licensees referred to in paragraph (
  3. a)to view, in real time, the information contained in the Register, and (
  4. c)be established and maintained in such a way as to enable a person, referred to in paragraph (a), to view the information contained in the Register which relates to himself or herself.
(3)The Authority may require Business to Consumer licensees who provide a relevant gambling activity by remote means to take such action as it may specify for the purposes of promoting the National Gambling Exclusion Register.
(4)A person may make an application to the Authority, in such form as may be specified by it, to be entered in the National Gambling Exclusion Register requesting that he or she be excluded from participating in relevant gambling activities by remote means— (
  1. a)subject to section 47 , for an indefinite period of time, and (
  2. b)with all licensees of a Business to Consumer gambling licence who provide relevant gambling activities by remote means.
(5)The following information shall be entered on the National Gambling Exclusion Register in respect of a person who makes an application under subsection
(4): (
  1. a)his or her name and address; (
  2. b)the date (in this Chapter referred to as the “relevant date”) from which he or she is excluded from participation, being a date not earlier than one day after the information is entered in the Register; (
  3. c)where the person is an account-holder with one or more than one licensee of a Business to Consumer gambling licence, details of each account held with each such licensee; (
  4. d)such other information as the Authority considers appropriate.
(6)The Authority shall, as soon as practicable after information is entered in the National Gambling Exclusion Register in respect of a person, notify the licensee or licensees referred to in subsection
(5)(c) in writing of that fact and, subject to subsection
(7)and section 17 of the Act of 2010, each licensee so notified shall, where the person concerned is an account-holder with the licensee, refund any money in that person’s gambling account with the licensee to that person within 7 days from the date specified in the notice.
(7)Where regulations have been made under section 167
(3)and the person concerned has more than one gambling account with a licensee of a Business to Consumer gambling licence, the obligation in subsection
(6)to refund money shall apply in respect of each gambling account the person has with the licensee.
(8)A licensee of a Business to Consumer gambling licence who fails, on being notified under subsection
(6), to refund money in accordance with that subsection is guilty of an offence and is liable— (
  1. a)on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or (
  2. b)on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.
(9)The Authority shall ensure the National Gambling Exclusion Register is kept up to date and is accurate and, for that purpose, the Authority shall make such alterations to the entries in the Register as it considers necessary.
(10)The Authority shall, as soon as practicable after making an alteration to an entry in the National Gambling Exclusion Register under subsection
(9), give notice in writing of that fact to a person in respect of whom an entry has been made in the Register and to which entry the alteration relates unless the alteration was made under that subsection pursuant to a notification received under subsection
(11).
(11)A person shall notify the Authority in writing of an error in an entry in the National Gambling Exclusion Register relating to him or her or of a change in circumstances that is likely to have a bearing on the accuracy of an entry as soon as practicable after he or she becomes aware of the error or change in circumstances.
(12)Every document purporting to be a copy of or an extract from an entry in the National Gambling Exclusion Register and purporting to be certified, either by the chief executive or a member of staff of the Authority authorised in that behalf by the chief executive, to be a true copy of or extract from such entry shall, without proof of the signature of the chief executive or the member of staff concerned, be received in evidence in any legal proceedings and shall, unless the contrary is proved, be deemed to be a true copy of or extract from such entry and shall be evidence of the matters stated in such including in so far as the copy or extract indicates that a person— (a) is or is not entered in the Register, or (b) was or was not, at a specified date or during a specified period, entered in the Register. Obligations of licensee to person whose name is entered on National Gambling Exclusion Register 46.
(1)Where information in relation to a person is entered on the National Gambling Exclusion Register under section 45 , a licensee of a Business to Consumer gambling licence who provides a relevant gambling activity by remote means shall not, on or after the relevant date and during any time there is an entry relating to that person on the Register— (
  1. a)provide, to the person, a relevant gambling activity by remote means, (
  2. b)accept, from that person, a relevant payment in respect of such relevant gambling activity, or (
  3. c)communicate with that person in a manner that invites (or has the effect of inviting) him or her to participate in a relevant gambling activity.
(2)A licensee of a Business to Consumer gambling licence who is unable, other than by reason of a systems failure in the operation of the National Gambling Exclusion Register in real time by the Authority, to view, in real time, the information in the National Gambling Exclusion Register, shall not do any of the activities referred to in paragraph (a) to (c) of subsection
(1)during the period the licensee is unable to so view the information.
(3)Subject to subsection
(4), a licensee of a Business to Consumer gambling licence who contravenes subsection
(1)or
(2)is guilty of an offence and is liable— (
  1. a)on summary conviction, to a class A fine or to imprisonment for a period of 12 months, or both, or (
  2. b)on conviction on indictment, to a fine or to imprisonment for a period of 5 years, or both.
(4)A licensee of a Business to Consumer gambling licence who is unable, by reason of a systems failure in the operation of the National Gambling Exclusion Register by the Authority, to view, in real time, the information in the National Gambling Exclusion Register, does not commit an offence under subsection
(3)where he or she does any of the activities referred to in paragraph (a) to (c) of subsection
(1)during the period of the systems failure. Removal of entry on National Gambling Exclusion Register 47.
(1)A person may, after the expiration of a period of 6 months from the relevant date, notify the Authority in writing that he or she wishes the Authority to remove the entry relating to him or her from the National Gambling Exclusion Register.
(2)The Authority shall, on receipt of a notification under subsection
(1)and having satisfied itself as to the identity of the person making the notification, remove the entry relating to that person from the National Gambling Exclusion Register and as soon as practicable after such removal give notice in writing of that fact to the person concerned. Right of self-exclusion by person directly with licensee not affected 48. Nothing in this Chapter shall be taken to affect the right of a person to exclude himself or herself from participating in a relevant gambling activity or activities provided by a licensee by entering into an arrangement (howsoever described) provided by the licensee to enable such exclusion in accordance with the terms of the arrangement. Review of operation of National Gambling Exclusion Register 49. The Authority shall, within a period of 3 years from the date of the establishment of the National Gambling Exclusion Register and in each 3 year period thereafter— (
  1. a)review the operation of the Register, including the number of persons who have excluded themselves from participating in relevant gambling activities by remote means through registration on the Register, (
  2. b)submit a report in writing to the Minister on the outcome of a review as soon as practicable after the completion of the review, and (
  3. c)make such recommendations in the report as it thinks appropriate to improve such operation and participation. Chapter 4 Social Impact Fund Establishment of Social Impact Fund 50. The Authority shall, as soon as practicable after the coming into operation of this section, establish and maintain a fund which shall be known as the Social Impact Fund which shall be managed and controlled by the Authority. Payments out of Social Impact Fund 51.
(1)The Authority may, from time to time, make a payment or payments to a person out of the Social Impact Fund of such amount of money as the Authority considers appropriate for any or all of the following purposes: (
  1. a)research, training, community interventions and other initiatives aimed at reducing or eliminating compulsive or excessive gambling and the social impact of compulsive or excessive gambling; (
  2. b)public education and awareness-raising measures for the purposes of— (
  3. i)highlighting the social impact of compulsive or excessive gambling, or (
  4. ii)informing the public about the resources available to address compulsive or excessive gambling; (
  5. c)the provision of services— (
  6. i)for the treatment of participants engaged in compulsive or excessive gambling, and (
  7. ii)to other persons affected by compulsive or excessive gambling; (
  8. d)cooperation with persons outside the State in research and training which will benefit persons in the State by reducing or eliminating compulsive or excessive gambling and the social impact of compulsive or excessive gambling; (
  9. e)projects, programmes or initiatives which are compatible with the purposes referred to in paragraphs (
  10. a)to (d).
(2)Without prejudice to the generality of subsection
(1), the Authority may invite persons to— (
  1. a)make proposals for the provision of services or engagement in activities referred to in any of paragraphs (
  2. a)to (
  3. e)of subsection
(1), and (b) apply for a payment from the Social Impact Fund for the provision of such services or engagement in such activities.
(3)The Authority shall publish an invitation under subsection
(2)on its website and shall set out, in the invitation concerned— (
  1. a)the criteria the Authority will use to assess proposals, and (
  2. b)where a proposal is accepted, the manner in which a payment of money shall be made from the Social Impact Fund.
(4)A person who receives money from the Social Impact Fund shall keep an account, as required under section 55 , of the expenditure of that money.
(5)The Authority may attach a condition to a payment of money made to a person out of the Social Impact Fund and, where it does so, the person concerned shall comply with that condition.
(6)A person who fails to comply with subsection
(4)or
(5)is guilty of an offence and is liable— (
  1. a)on summary conviction, to a class A fine or to imprisonment for a period of 12 months, or both, or (
  2. b)on conviction on indictment, to a fine or to imprisonment for a period of 5 years, or both.
(7)The Authority may by notice in writing request a report in writing from a person who receives money from the Social Impact Fund and the report shall contain such information as may be specified by the Authority concerning the use of that money and relating to compliance with such conditions (if any) as are imposed under subsection
(5).
(8)A person shall comply with a request under subsection
(7)within such period as is specified in the request or within such other period as may be agreed in writing by the Authority and that person. Payment of expenses of Authority from Social Impact Fund 52. The Minister may, from time to time, authorise the payment out of the Social Impact Fund to the Authority of such money as he or she considers necessary for the purpose of defraying, in whole or in part, the expenses incurred by the Authority in connection with the administration of the Fund. Money transferred to Social Impact Fund following closure of gambling account 53.
(1)The Authority shall keep a record of all moneys transferred to it by licensees under section 171
(4).
(2)The Authority shall refund, to a person directed to it by a licensee in accordance with section 171
(5), the money specified in a notification sent to it under that provision in respect of that person, within 28 days of being requested to do so by that person. Funding of Social Impact Fund 54.
(1)A licensee, other than a licensee of a gambling licence for a charitable or philanthropic purpose, shall pay an annual contribution to the Authority in respect of the Social Impact Fund.
(2)The contribution payable by a licensee to the Social Impact Fund shall be determined by the Authority in accordance with regulations made by the Minister under subsection
(3).
(3)The Minister shall make regulations in relation to the contributions payable by licensees, other than licensees of a gambling licence for a charitable or philanthropic purpose, to the Social Impact Fund and, without prejudice to the generality of the foregoing, such regulations— (
  1. a)shall provide— (
  2. i)the percentage of licensees’ turnover which shall be payable as a contribution, and (
  3. ii)the manner in which, and the date by which, contributions shall be made, and (
  4. b)may provide for the payment of contributions by licensees by instalment.
(4)The Authority shall give a licensee liable to pay a contribution a notice in writing specifying— (
  1. a)the contribution payable by the licensee to the Social Impact Fund, and (
  2. b)the manner in which, and the date by which, the contribution is required to be paid to the Authority by the licensee.
(5)Where a contribution to the Social Impact Fund is payable by a licensee pursuant to a notice under subsection
(4)and during the year to which the contribution concerned relates, the gambling licence of the licensee is transferred to a person under section 109 , the person to whom the licence is transferred is liable to pay the contribution concerned for that year only to the extent that the full amount of the contribution has not been paid prior to the transfer.
(6)The Authority may recover as a simple contract debt, in any court of competent jurisdiction, from a person by whom a contribution to the Social Impact Fund is payable, any amount due and owing to the Authority in respect of contributions imposed in accordance with this section. Obligation to keep account of expenditure of money received from Social Impact Fund 55.
(1)A person in receipt of money from the Social Impact Fund under section 51 shall keep, in such form and manner as may be approved by the Minister, with the concurrence of the Minister for Public Expenditure, National Development Plan Delivery and Reform, an account of the expenditure of that money by that person in each financial year in which that money is expended.
(2)Accounts kept pursuant to subsection
(1)shall be submitted to the Authority not later than 1 March in the year immediately following the financial year to which they relate or on such earlier date as the Authority may specify. Direction of Minister 56.
(1)The Minister may give a direction in writing to the Authority in relation to the management and control of the Social Impact Fund by the Authority.
(2)The Authority shall comply with a direction given by the Minister under subsection
(1). Accounts: Social Impact Fund 57.
(1)The Authority shall keep, in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, all proper and usual accounts of all money received in respect of the Social Impact Fund or expended from the Fund.
(2)Accounts referred to in subsection
(1)shall be submitted by the Authority for audit not later than 1 April in the year immediately following the financial year to which they relate or on such earlier date as the Minister may specify.
(3)The Authority shall, immediately after the audit referred to in subsection
(2), present to the Minister a copy of— (
  1. a)the accounts, and (
  2. b)the report of the Comptroller and Auditor General on those accounts.
(4)The Minister shall cause copies of the accounts and report presented to him or her under subsection
(3)to be laid before each House of the Oireachtas as soon as practicable after such presentation. PART 3 Provisions Applicable to Authority, Appeals Panel and Adjudication Officers Definition (Part 3) 58. In this Part, “relevant office” means the Authority and the Appeals Panel. Ineligibility to become and disqualification to act as member of relevant office or as adjudication officer 59.
(1)A person shall not be eligible for appointment as a member of a relevant office, as an adjudication officer or as the chief executive during any period that he or she is— (a) an undischarged bankrupt, or (b) subject to a composition or arrangement with his or her creditors.
(2)A person shall cease to hold office as a member of a relevant office, as an adjudication officer or as the chief executive upon— (
  1. a)being adjudicated bankrupt, or (
  2. b)making an arrangement or composition with his or her creditors.
(3)A person shall not be eligible for appointment, and shall cease to hold office, as a member of a relevant office, as an adjudication officer or as the chief executive if he or she— (
  1. a)is convicted on indictment of an offence, (
  2. b)is convicted of an offence involving fraud or dishonesty, (
  3. c)has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, (
  4. d)is subject, or is deemed to be subject, to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provisions of that Act, or (
  5. e)enters into employment with— (
  6. i)a licensee or an organisation which represents licensees in the State, or (
  7. ii)a person equivalent to a licensee, or an organisation equivalent to an organisation referred to in subparagraph (i), outside the State. Membership of either House of Oireachtas, European Parliament or local authority 60.
(1)Where a member of a relevant office, an adjudication officer or the chief executive is— (
  1. a)nominated as a member of Seanad Éireann, (
  2. b)elected as a member of either House of the Oireachtas or to be a member of the European Parliament, (
  3. c)regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, or (
  4. d)is elected or co-opted as a member of a local authority, he or she shall thereupon cease to be a member of the relevant office, an adjudication officer or chief executive, as the case may be.
(2)Where a member of staff of the Authority is— (
  1. a)nominated as a member of Seanad Éireann, (
  2. b)elected as a member of either House of the Oireachtas or to be a member of the European Parliament, (
  3. c)regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, or (
  4. d)is elected or co-opted as a member of a local authority, he or she shall thereupon stand seconded from that employment, and where the member of staff concerned is a person referred to in section 26
(2), he or she shall cease to be seconded to be a member of staff of the Authority, and shall not be paid by, or be entitled to receive from, the relevant office concerned, any remuneration or allowances in respect of the period commencing on the nomination, election or co option, or when he or she is regarded as having been elected, as the case may be.
(3)A person who is for the time being— (
  1. a)entitled under the Standing Orders of either House of the Oireachtas to sit therein, (
  2. b)a member of the European Parliament, or (
  3. c)entitled under the standing orders of a local authority to sit as a member thereof, shall, while he or she is so entitled as mentioned in paragraph (
  4. a)or (
  5. c)or is such a member as mentioned in paragraph (b), be disqualified to act as an adjudication officer, for membership of a relevant office or for employment in any capacity by a relevant office.
(4)In this section, “Act of 1997” means the European Parliament Elections Act 1997 . Removal of member of relevant office 61.
(1)The Minister may remove a member of a relevant office if, in the opinion of the Minister, the member has— (
  1. a)without reasonable excuse, failed to discharge the functions of the office, (
  2. b)become incapable through ill-health of effectively performing the functions of the office, (
  3. c)committed stated misbehaviour (other than misbehaviour which is the basis for a conviction referred to in section 59 as a result of which the member is required to cease to hold office in accordance with that provision), (
  4. d)a conflict of interest of such significance that, in the opinion of the Minister, the person should cease to hold the office, or (
  5. e)the member’s removal appears to be necessary for the effective performance of the functions of the relevant office.
(2)Where the Minister proposes to remove a member pursuant to subsection
(1), he or she shall notify the member in writing of that proposal.
(3)A notification under subsection
(2)shall include a statement— (
  1. a)of the reasons for the proposed removal, (
  2. b)that the member concerned may, within 30 days of the sending of the notification or such other period as the Minister, having regard to the requirements of natural justice, may specify, make representations in such manner as may be specified in the notice to the Minister as to why the member should not be removed from office, and (
  3. c)that, where no representations are received within the period specified under paragraph (b), the Minister will, without further notice, proceed with the removal of the member from office in accordance with this section.
(4)In considering whether to remove a member from office, the Minister shall take into account— (a) any representations made pursuant to subsection
(3)(b), and (b) any other matter that the Minister considers relevant for the purpose of his or her decision.
(5)Where, having taken into account the matters referred to in subsection
(4), the Minister decides to remove the member from office, he or she shall notify the member in writing of his or her decision and of the reasons for it. Non-disclosure of confidential information 62.
(1)A person shall not, unless he or she is required or permitted by law or duly authorised in writing by the Authority to do so, disclose confidential information obtained by him or h

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.