Gambling Regulation Act 2024

Gambling Regulation Act 2024 Permanent Page URL View by Section Amharc de réir Ailt View Full Act Amharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDF Oscail PDF Priontáil an tAcht Iomlán Previous Section Alt Roimhe Next Section An Chéad Alt Eile Priontáil an tAlt 35 2024 GAMBLING REGULATION ACT 2024 PART 1 Preliminary and General 1. Short title and commencement 2. Interpretation 3. Reference to providing betting activity 4. Reference to providing game 5. Reference to providing lottery 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 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 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 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)(b) and (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) 133. Notice to Authority of change in information given under section 102 134. Additional conditions: Business to Consumer gambling licences 135. Establishment and maintenance of Segregated Customer Account 136. Regulations: Segregated Customer Accounts 137. Additional condition: game provided under gaming licence or gambling licence for charitable or philanthropic purpose 138. Additional conditions: lottery licences 139. Additional conditions: gambling licence for charitable or philanthropic purpose 140. 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 141. Interpretation (Chapter 1 – Part 6) 142. Obligation not to engage child as employee, servant or agent providing relevant gambling activity 143. Obligations on licensees in relation to advertising: general 144. Regulations regarding advertisements 145. Advertising by licensee by means of audiovisual on-demand media service or on-demand sound service 146. Advertising on social media service and video-sharing platform service 147. Advertising by licensee by means of electronic communication 148. Prohibited material in advertisement 149. Prohibited hours for advertising on certain media 150. Application to High Court to direct cessation of advertising activity 151. Prohibition on branded clothing and merchandise Chapter 2 Obligations on licensees: general 152. Obligation on licensees to maintain records and accounts 153. Obligation to notify Authority of changes Chapter 3 Obligations on certain licensees: suspicious gambling patterns, inducements, participation of children and sponsorship 154. Application (Chapter 3) 155. Obligation to pay out winnings 156. Obligation to notify Authority of suspicious gambling patterns 157. Offering inducement to gamble 158. Obligation not to permit child participate in relevant gambling activity 159. 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 160. Interpretation (Chapter 4) 161. Application (Chapter 4) 162. Approved training programme 163. Obligation to ensure approved training programme completed by staff in relevant post 164. Obligation to provide facility to enable participant to set monetary limit 165. Obligation in respect of method of payment for relevant gambling activity Chapter 5 Obligations on licensees of remote gambling licences 166. Definition (Chapter 5) 167. Obligations before providing relevant gambling activity by remote means 168. Obligation to establish and maintain register of account-holders 169. Application to open gambling account with licensee of remote gambling licence 170. Requirement to lodge money in gambling account 171. Obligation to close gambling account 172. Obligation to provide copy of terms and conditions of relevant gambling activity provided by remote means 173. Obligation to provide information to account-holder 174. Protection of children 175. 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 176. Obligations in respect of opening hours and use of premises 177. Obligation in relation to children on premises 178. Obligation in relation to withdrawal of cash on premises PART 7 179. Definition (Part 7) 180. Complaints about licensees 181. Regulations regarding complaints PART 8 Compliance with and Enforcement of Relevant Obligations of Licensees Chapter 1 Preliminary and general 182. Interpretation (Part 8) 183. Privileged legal material Chapter 2 Authorised officers 184. Appointment of authorised officers 185. Powers of authorised officers 187. Data sharing: Act of 1958 and Act of 1994 Chapter 3 Compliance with relevant obligations: general 188. Obligation on licensees to furnish compliance report and information and documentation 189. Application to District Court to compel production of information and documentation 190. Action by Authority in relation to alleged contravention of relevant obligation 191. Power of Authority to enter agreement with a licensee in respect of alleged contravention of relevant obligation Chapter 4 Notice of non-compliance 192. Notice to licensee: contravention of relevant obligation 193. Notice of non-compliance 194. Suspension or revocation of licence following notice of non-compliance Chapter 5 Directed investigation 195. Power to direct investigation 196. Report of authorised officer 197. Action by Authority after consideration of investigation report Chapter 6 Adjudication and decisions on adjudication 198. Definitions (Chapter 6) 199. Adjudication by adjudication officers or panel 200. Imposition of financial penalty and criminal proceedings 201. Administrative sanction: suspension or revocation of gambling licence or imposition of condition on gambling licence 202. Action by adjudication officer after assignment to conduct adjudication 203. Decision as to contravention and imposition of administrative sanction 204. Notice of administrative sanction 205. Taking effect of decision as to contravention and taking effect of administrative sanction 206. Limitations on amount of financial penalty imposed as administrative sanction 207. Appeal against decision as to contravention and imposition of administrative sanction 208. Circuit Court confirmation of decision as to contravention and administrative sanction 209. Reference on point of law to High Court 210. Power of adjudication officer to issue direction to Authority or licensee 211. Oral hearing 212. Orders for costs in proceedings before adjudication officer 213. Regulations in relation to proceedings before adjudication officer 214. Treatment of amounts paid in respect of financial penalties Chapter 7 Adjudication officers 215. Nomination of adjudication officers 216. Appointment of adjudication officers 217. Independence of adjudication officer 218. Regulations (Chapter 7) 219. Assistance to adjudication officers Chapter 8 Emergency orders in respect of licensees 220. Application to Court for emergency orders in respect of licensees PART 9 221. Definition (Part 9) 222. Appeals to Circuit Court 223. Appeals to Appeals Panel 224. Appeals Panel 225. Application to Appeals Panel and determination of appeal by appeals officer or Appeals Board 226. Appeal procedures PART 10 Chapter 1 227. Amendment of Act of 1931 228. Prohibition on employment of child or young person in providing relevant gambling activity 229. Amendment of Act of 2002 230. Amendment of Act of 2010 Chapter 2 Transitional provisions: Act of 1929 and regulations made under that Act 231. Definition 232. Totalisator licences under Act of 1929 Chapter 3 Transitional provisions: Act of 1931 and regulations made under that Act 233. Definition 234. Transitional provision: general 235. Transitional provisions: bookmaker’s license under section 7 of Act of 1931 236. Transitional provision: certificates of personal fitness under sections 4 and 5 of Act of 1931 for bookmaker’s licence 237. Transitional provision: remote bookmaker’s licence under section 7B of Act of 1931 238. Transitional provision: remote betting intermediary’s licence under section 7C of Act of 1931 239. Transitional provision: certificates of personal fitness under section 5A for remote bookmaker’s licence or remote betting intermediary’s licence 240. Transitional provision: certificates of suitability of premises under section 10 of Act of 1931 241. Transitional provision: registration under section 12 of Act of 1931 in register of bookmaking offices 242. Transitional provision: revocation of licence or registration by court under section 15 of Act of 1931 243. Transitional provision: revocation of certain licences by Minister for Justice under section 16 of Act of 1931 244. Transitional provision: registers under Act of 1931 245. Transitional provision: compliance notice under section 32B of Act of 1931 Chapter 4 Transitional provisions: Act of 1956 and regulations under that Act 246. Definition 247. Transitional provision: general 249. Transitional provision: gaming permits under Part II of Act of 1956 250. Transitional provision: gaming licences under Part III of Act of 1956 251. Transitional provision: lottery permits under Part IV of Act of 1956 252. Transitional provision: lottery licences under Part IV of Act of 1956 253. Transitional provision: revocation of licences and permits under Part V of Act of 1956 254. Registers of gaming permits, gaming licences, lottery permits and lottery licences under Act of 1956 Chapter 5 Transitional provision: Act of 1975 255. 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 256. Definitions 257. Transitional arrangements: general 258. Transitional arrangement: maintenance of register under section 109 of Act of 2010 259. Transitional arrangement: registration on the register 260. Transitional arrangement: certificate of fitness under section 109B of Act of 2010 261. Transitional arrangement: Appeal under section 109E of Act of 2010 where application for certificate of fitness refused Chapter 7 Consequential amendments to other enactments 262. Amendment of Act of 1958 263. Amendment of section 1 of Street and House to House Collections Act 1962 264. Amendment of section 8 of Pawnbrokers Act 1964 265. Amendment of Act of 1994 266. Amendment of Consumer Credit Act 1995 267. Amendment of Act of 1997 268. Amendment of Act of 2001 269. Amendment of Local Government Act 2001 270. Amendment of section 2 of Criminal Justice (Public Order) Act 2003 271. Amendment of section 93 of Charities Act 2009 SCHEDULE 1 Relevant Offence SCHEDULE 2 PART 1 PART 2 SCHEDULE 3 Maximum Relevant Payment and Maximum Winnings 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) 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) (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) 35 2024 GAMBLING REGULATION ACT 2024 An Act to provide for the establishment of a body to be known as Údarás Rialála Cearrbhachais na hÉireann Gaming Act 1744 , the Betting Act 1853 , the Totalisator Act 1929 , the Betting Act 1931 , the Gaming and Lotteries Act 1956 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 2015 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. rd October , 2024] Be it enacted by the Oireachtas as follows: OJ No. L141, 5.6.2015, p. 73