National Lottery Act 2013

PART 1 Preliminary and General

1. Short title, collective citation and commencement

1. (1) This Act may be cited as the National Lottery Act 2013.

(2) The Gaming and Lotteries Acts 1956 to 2003 and Part 9 may be cited together as the Gaming and Lotteries Acts 1956 to 2013.

(3) This Act comes 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 provisions.

(4) An order under subsection (3) may as respects the repeal of the National Lottery Act 1986 under section 3 appoint different days for the repeal of different provisions of that Act or for the repeal for different purposes of such provisions.

2. Interpretation

2. In this Act—

“breach” in relation to this Act or a term or condition of a licence includes a failure to comply with it;

“central gaming system” comprises the secure core computer systems of hardware and software that validate and record all entries for National Lottery games and identify winning combinations;

“company” means a company formed under the Companies Acts;

“Fund” means National Lottery Fund continued by section 44;

“hold”, in relation to a national lottery, includes establish, promote, organise and conduct;

“interactive channels” means communications over the internet that use any device from which the internet is able to be accessed;

“licence” means a licence granted under section 26 to hold the National Lottery;

“licence holder” means the holder of a licence for the time being in force, and includes the operator where the operator is a subsidiary of the licence holder;

“lottery game” means any game, competition or other procedure, including those played by way of interactive channels on the internet, in which or whereby prizes (whether money prizes or otherwise) are distributed by lot or chance among persons participating in the game, competition or other procedure;

“manager” means a person appointed under section 39(1) in relation to the operator;

“Minister” means Minister for Public Expenditure and Reform;

“National Lottery” means any lottery game or combination of lottery games held by the Regulator or held under a licence in accordance with the rules contained in a scheme under section 45 in relation to that game or each of those games;

“National Lottery ticket” means a ticket entitling its owner to participate in the National Lottery including a ticket sold by way of interactive channels on the internet;

“operator” has the meaning assigned to it by section 29;

“Regulator” means Regulator of the National Lottery, or in the circumstances referred to in section 8, the Minister;

“subsidiary” in relation to a company, means a subsidiary of the company (within the meaning of section 155 of the Companies Act 1963);

“winning ticket” means a ticket the owner of which is entitled to a prize in the National Lottery.

3. Repeal

3. The National Lottery Act 1986 is repealed.

4. Laying of orders

4. Every order made under this Act (other than an order under section 1) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order is annulled, but without prejudice to the validity of anything previously done thereunder.

5. Expenses

5. The expenses of the Minister in the execution of this Act shall be paid out of moneys provided by the Oireachtas.

PART 2 The National Lottery

6. National Lottery

6. (1) There shall be a National Lottery held on behalf of the Minister in accordance with the provisions of this Act.

(2) Notwithstanding the repeal of the National Lottery Act 1986 by section 3, that Act continues to apply to the licence granted under that Act to An Post National Lottery Company until the termination of that company.

PART 3 Regulator of the National Lottery

7. National Lottery Regulator

7. (1) There stands established the office of Regulator of the National Lottery and the holder of the office shall be known as the Regulator of the National Lottery and is referred to subsequently in this Act as the Regulator and whose functions are set out in this Act.

(2) The Regulator shall be appointed by the Minister on such terms and conditions, including remuneration, as the Minister may determine.

(3) The Regulator shall, subject to this Act, be independent in the performance of his or her functions.

8. Minister to act as Regulator when position of Regulator is vacant

8. The Minister shall perform the functions of the Regulator—

(a) until the appointment under section 7 of a person to hold the office of the Regulator, or

(b) where the person who holds that office ceases to hold the office, until a person to be his or her successor to hold the office has been appointed under section 7.

9. Functions of Regulator

9. (1) The principal function of the Regulator shall be to procure the holding of the National Lottery—

(a) by a person under a licence, or

(b) where no licence is in force, under section 10.

(2) The Regulator shall exercise his or her functions under this Act in such manner he or she considers the most likely to ensure—

(a) that the National Lottery is run with all due propriety,

(b) that the interests of participants in the National Lottery are protected, and

(c) that the long term sustainability of the National Lottery is safeguarded.

(3) Subject to subsection (2), the Regulator shall in exercising his or her functions seek to ensure that revenues allocated to the purposes, as provided for in section 41, are as great as possible subject to any terms in this regard contained in the licence.

(4) The Regulator shall monitor and enforce compliance by the operator with this Act and the terms and conditions of the licence granted to the operator.

(5) The Regulator may exercise the enforcement rights of any trade mark of the National Lottery under the Trade Marks Act 1996 or exercise such rights jointly with the licence holder.

10. Power of Regulator to hold or procure holding of National Lottery when licence is not in force

10. (1) The Regulator may hold or procure the holding of the National Lottery on behalf of the Minister in accordance with this Act, but the Regulator shall not hold or procure the holding of a lottery game at a time when a licence is in force.

(2) The Regulator shall have all such powers as may be necessary or expedient for the purposes of the holding or procurement of the holding by him or her of the National Lottery and this Act shall, as respects the National Lottery if and when it is held by the Regulator, apply and have effect with any necessary modifications or adaptations in relation to the National Lottery if and when it is so held and to the Regulator as they apply and have effect in relation to the National Lottery held by the operator and to the operator.

11. Term of office of Regulator

11. The term of office of a person appointed to be the Regulator shall be for such term not exceeding 7 years as the Minister may determine and he or she shall be eligible for re-appointment to the office for one additional term.

12. Resignation and removal of Regulator

12. (1) The Regulator may at any time resign his or her office by giving notice in writing to the Minister of his or her intention to resign and any such resignation shall take effect as of the date upon which the Minister receives notice of the resignation.

(2) A Regulator may be removed from office by the Minister—

(a) if, in his or her opinion, the Regulator has become incapable through ill health of effectively performing his or her duties, or

(b) for stated misbehaviour.

(3) In removing the Regulator, the Minister shall give a statement of the reason or reasons for the removal to the Regulator and the statement of reasons shall be laid before each House of the Oireachtas.

13. Restrictions relating to Regulator

13. The Regulator shall cease to be the Regulator where he or she—

(a) is nominated as a member of Seanad Éireann,

(b) is nominated as a candidate for election as a member of Dáil Éireann, Seanad Éireann or to the European Parliament, or

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy.

14. Disqualification of persons from becoming Regulator

14. (1) A person who is, for the time being, entitled under the standing orders of either House of the Oireachtas to sit in either House or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming the Regulator.

(2) A person who is—

(a) a member of a local authority (within the meaning of the Local Government Act 2001) shall be disqualified from becoming the Regulator, or

(b) the Regulator shall cease to be the Regulator where he or she becomes a member of such a local authority.

15. Prohibition on former Regulator from accepting office, etc., for 12 months

15. (1) For a period of 12 months after a person has ceased to be the Regulator, such a person shall not accept any office, consultancy or employment where, in the course of such office, consultancy or employment, the person could or might use or disclose any confidential information acquired by him or her in the exercise of his or her functions of Regulator under this Act.

(2) The time period provided for in subsection (1) does not apply for the purpose of precluding a person who has held the office of Regulator from—

(a) holding office or engagement in any employment in the Civil Service or any statutory regulatory body, or

(b) acting as a consultant to any Minister of the Government.

16. Prohibition on Regulator holding other office or employment

16. The Regulator shall not hold any other office or employment in respect of which emoluments are payable during his or her term of office.

17. Staff of Regulator

17. (1) The Regulator may—

(a) with the consent of the Minister, determine the number, grading, remuneration and other conditions of service of staff (including persons transferred or seconded from a public service body and persons employed on a contract of service) to be appointed to the Office of the Regulator, and

(b) appoint, following an open competition or transfer from other areas of the Public Service, to be members of the staff (including in a part-time capacity or for a specified period or purpose) of the Regulator such persons as the Regulator may determine from time to time.

(2) Where a member of the staff of the Regulator has previous service in the civil service, such service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in—

(a) the Redundancy Payments Acts 1967 to 2011,

(b) the Minimum Notice and Terms of Employment Acts 1973 to 2005,

(c) the Unfair Dismissals Acts 1977 to 2007,

(d) the Terms of Employment (Information) Acts 1994 and 2012,

(e) the Organisation of Working Time Act 1997,

(f) the Parental Leave Act 1998,

(g) the Carer’s Leave Act 2001,

(h) the Protection of Employees (Part-Time Work) Act 2001, and

(i) the Protection of Employees (Fixed-Term Work) Act 2003.

(3) In this section “public service body” has the meaning assigned to it in section 5 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.

18. Membership of Houses of Oireachtas or European Parliament by staff

18. (1) Where a person who is a member of the staff of or employed by the Regulator is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,

he or she shall upon that happening stand seconded from his or her employment by the Regulator and shall not be paid by, or be entitled to receive from, the Regulator remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either House or such Parliament.

(2) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit in either House or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a member of the staff of the Regulator.

(3) Without prejudice to the generality of subsection (1), that subsection shall be read as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Regulator for the purposes of any superannuation benefits.

19. Performance of certain functions by staff

19. The exercise of functions of the Regulator may be carried out by or through any member of the staff or officer of the Regulator authorised in that behalf by the Regulator.

20. Consultants and advisers

20. (1) The Regulator may, from time to time, engage such consultants or advisers as he or she may consider necessary to assist him or her in the discharge of his or her functions under this Act.

(2) Any fees due to a consultant or adviser engaged under this section shall form part of the expenses of the Regulator.

21. Disclosure of interests

21. (1) Where the Regulator, a member of the staff of the Regulator, or a consultant, adviser or other person engaged by the Regulator, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Regulator, he or she—

(a) shall disclose to the Regulator or, where the disclosure is required of the Regulator, disclose to the Minister, the nature of his or her interest in advance of any consideration of the matter,

(b) shall neither influence nor seek to influence a decision in relation to the matter, and

(c) shall take no part in any consideration of the matter, unless there are compelling reasons requiring him or her to do so.

(2) For the purposes of this section but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if—

(a) he or she or any nominee of his or her is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(b) he or she is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter, or

(c) he or she is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates.

(3) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of his or her or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Regulator or, in the case of the Regulator, by the Minister.

(5) Where a disclosure is made to the Regulator, particulars of the disclosure shall be recorded in the minutes of any meeting concerned.

(6) Where a person, other than the Regulator, referred to in this section fails to make a disclosure in accordance with this section, the Regulator shall decide the appropriate action (including removal from office or termination of contract) to be taken.

(7) Where the Regulator fails to make a disclosure in accordance with this section, the Minister shall decide the appropriate action (including removal from office) to be taken.

22. Accounts and annual report of Regulator

22. (1) The Regulator shall keep in such form as may be approved of by the Minister, all proper and usual accounts of all moneys received or expended by him or her and all such special accounts (if any) as the Minister may direct.

(2) Accounts kept in pursuance of this paragraph in respect of each year shall be submitted by the Regulator in the following year on a date (not later than 4 months following the end of the financial year) to the Comptroller and Auditor General for audit and, as soon as may be after the audit, a copy of those accounts, or of such extracts from those accounts as the Minister may specify, together with the report of the Comptroller and Auditor General on the accounts, shall be presented by the Regulator to the Minister who shall cause copies of the documents presented to him or her to be laid before each House of the Oireachtas.

(3) The Regulator shall, when presenting the report referred to in subsection (2) to the Minister, present a report to the Minister in relation to the performance of his or her functions in the previous financial year and shall cause a copy of the report to be laid before each House of the Oireachtas.

(4) The Regulator shall appear before the Oireachtas Committee having functions relating to the National Lottery when requested to do so by that Committee.

23. Advance of funds by Minister to Regulator

23. (1) The Minister may, from time to time, advance to the Regulator out of moneys provided by the Oireachtas such sums as the Minister may determine for the purposes of expenditure by the Regulator in the performance of his or her functions.

(2) The sums to be advanced under subsection (1) shall be expended solely for the purpose and exercise of the functions conferred on the Regulator by this Act.