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

1. 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 F1[section 10].

2. 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—

• (a) an in-person betting licence,

• (b) a remote betting licence,

• (c) an in-person and remote betting licence, or

• (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—

• (a) a person occupying the position of director, by whatever name called,

• (b) a person who effectively directs or has a material influence over the business of the body corporate,

• (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

• (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 particip-ating in a lottery;

“gambling account” means an account held by a person with a licensee of a remote gambling licence—

• (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,

• (b) to enable the person to make relevant payments to the licensee,

• (c) to hold winnings (if any), and

• (d) that enables the person to view the balance, relevant payments made and winnings received;

“gambling activity” means—

• (a) providing a betting activity, a game or a lottery, or

• (b) selling or supplying, or offering to sell or supply, a gambling product or a gambling related service;

“gambling licence” means—

• (a) a Business to Consumer gambling licence,

• (b) a gambling licence for a charitable or philanthropic purpose, or

• (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—

• (a) odds to licensees,

• (b) online hosting services,

• (c) support and maintenance which is indispensable to its operation,

• (d) risk management services,

• (e) fraud management services,

• (f) services to implement measures to protect and safeguard participants,

• (g) the installation, maintenance or upgrading of software, and

• (h) any other service the Authority prescribes;

“game” means a game—

• (a) of skill or chance, or partly of skill and partly of chance, and

• (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—

• (a) an in-person gaming licence,

• (b) a remote gaming licence, or

• (c) an in-person and remote gaming licence;

“gaming machine” means—

• (a) a machine manufactured or adapted for the purpose of allowing a person to particip-ate, upon the making of a payment, in a gambling activity, and

• (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—

• (a) a product purchased or an activity engaged in by a person on the payment of money by the person, and

• (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—

• (i) an additional service that may be provided by a credit union in accordance with section 48 of the Credit Union Act 1997,

• (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 (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,

• (iv) a lottery operated by an operator of the National Lottery, or

• (v) a lottery operated by a political party under Part 9 of the Electoral Reform Act 2022;

“lottery licence” means—

• (a) an in-person lottery licence,

• (b) a remote lottery licence, or

• (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—

• (a) the person operating the National Lottery (within the meaning of the Act of 2013)—

• (i) under a licence granted under section 26 of the Act of 2013, or

• (ii) where no such licence is in force, under section 10 of that Act,

and

• (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—

• (a) a relevant betting activity,

• (b) a relevant game,

• (c) a relevant lottery, or

• (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—

• (a) a condition attaching to a gambling licence under Chapter 9 of Part 5 or imposed on a gambling licence under Part 8, or

• (b) an obligation (however described) imposed on a licensee under this Act or any regu-lations made under this Act;

“relevant offence” means an offence set out in Schedule 1;

“relevant officer” means—

• (a) in relation to a body corporate—

• (i) a person who exercises control (within the meaning of section 11 or 432 of the Act of 1997) in relation to the body,

• (ii) a director, manager, secretary or other officer of the body,

• (iii) a member of the board (including the chairperson) of the body,

• (iv) the chief executive officer, managing director or any other person acting in such capacity (by whatever named called) of the body,

• (v) a person who purports to act in a capacity referred to in any of subparagraphs (ii) to (iv),

and

• (b) in relation to a body corporate not established in the State, a person who—

• (i) holds an office or position equivalent to any office or position referred to in subparagraphs (i) to (iv) of paragraph (a), or

• (ii) purports to act in a capacity of a person who holds such an office or position;

“relevant payment” means—

• (a) a bet,

• (b) a payment made to participate in a game, or

• (c) subject to subsection (4), a payment made to participate in a lottery;

“relevant premises” means—

• (a) a greyhound race track operated under a greyhound race track licence under the Act of 1958,

• (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),

• (c) an authorised racecourse (within the meaning of the Act of 1994), and

• (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—

• (a) the internet,

• (b) a telephone, or

• (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—

• (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,

• (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

• (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—

• (a) determined by reference to the aggregate of bets made in respect of an event, and

• (b) divided—

• (i) among the persons who make a bet and select the correct outcome in respect of an event, and

• (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.

3. 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—

• (a) acting, or offering to act, as a bookmaker,

• (b) acting, or offering to act, as a remote betting intermediary,

• (c) offering to take a bet, or

• (d) causing another person to do any of the activities referred to in paragraph (a), (b) or (c).

• (2) In this section, “bookmaker” means a person who, in relation to betting, in the course of business—

• (a) sets odds,

• (b) accepts bets, and

• (c) undertakes to pay out winnings.

4. 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—

• (a) selling or offering to sell a game, or

• (b) causing another person to sell or offer to sell a game.

5. 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—

• (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).

6. 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)).

7. 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.

8. 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:

• (a) by electronic means;

• (b) by delivering it in person;

• (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;

• (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.

9. 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.

10. 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

11. Definition (Chapter 1)

11. In this Chapter, other than in sections 20(4) and 25(4), “chairperson” means the chair-person of the Authority.

12. Establishment day

12. The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

13. 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—

• (a) the chairperson or another member of the Authority authorised by it to act in that behalf, or

• (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.

14. 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.

15. Functions of Authority

15. (1) The general functions of the Authority shall be—

• (a) to license, supervise and control gambling activities in the State,

• (b) to establish and maintain—

• (i) a register of gambling licensees, and

• (ii) a National Gambling Exclusion Register,

• (c) to establish, maintain and administer the Social Impact Fund in accordance with Chapter 4 of Part 2,

• (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,

• (e) to impose obligations on licensees and other persons in relation to advertising and branded clothing and merchandise,

• (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,

• (g) to monitor and enforce compliance by licensees with this Act,

• (h) to take such enforcement measures, in accordance with Part 8, as are necessary to enforce relevant obligations,

• (i) to deal with complaints made to the Authority in accordance with Part 7,

( j) to take measures to stop prohibited gambling activities in accordance with Part 4,

• (k) to enhance public awareness and disseminate information to the public in respect of the licensing and regulation of gambling activities,

• (l) to be a competent authority for the purposes of the Act of 2010,

• (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,

• (n) to engage in research activities in relation to gambling activities,

• (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 recommenda-tions to the Minister following that review,

• (p) to report to the Minister on the performance of its functions when requested to do so by the Minister, and

• (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.

16. 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 know-ledge of, and experience, qualifications, training or expertise in, the matters specified in subsection (4),

• (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

• (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)(a) are matters connected with—

• (a) legal or compliance functions in a regulated profession or industry,

• (b) gambling activities,

• (c) consumer affairs,

• (d) the pathology and treatment of addiction, with particular reference to gambling addiction,

• (e) information and communications technology, and

• (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.

17. 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—

• (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

• (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—

• (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

• (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).

18. 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—

• (a) enter into contracts or arrangements with any person, and

• (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.

19. 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—

• (a) fix the date, time and place of the first meeting of the Authority, and

• (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—

• (a) the chairperson shall, if present, be the chairperson of the meeting, and

• (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.

20. Committees of Authority

20. (1) The Authority may establish one or more committees of the Authority—

• (a) to assist it in the performance of its functions, or

• (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—

• (a) are not members of, or members of the staff of, the Authority, and

• (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.

21. 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.

22. Functions of chief executive

22. (1) The chief executive shall—

• (a) carry on, manage and control generally, the administration of the Authority, and

• (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.

23. 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.

24. 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—

• (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),

• (b) the economy and efficiency of the Authority in the use of its resources,

• (c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

• (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—

• (a) any policy of the Government or a Minister of the Government, or

• (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.

25. 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—

• (a) any policy of the Government or a Minister of the Government, or

• (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.

26. 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—

• (a) appoint persons to be members of the staff of the Authority, and

• (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.

27. 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—

• (a) appointed chief executive who on such appointment is not, or does not become, a member of the Single Public Service Pension Scheme, or

• (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 superannu-ation 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—

• (a) in accordance with a scheme or schemes under this section, or

• (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.

28. 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—

• (a) the annual accounts, and

• (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.

29. 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.

30. 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 immedi-ately 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.

31. 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—

• (a) setting standards for the provision of relevant gambling activities, and

• (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—

• (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

• (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—

• (a) was a failure to observe a code of practice referred to in that subsection, or

• (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.

32. Conduct of research

32. The Authority may undertake, commission or collaborate with research projects in relation to gambling or gambling activities, or both, including:

• (a) gambling addiction;

• (b) turnover generated through such activities;

• (c) developments in information technology in the provision of such activities;

• (d) policy approaches to the regulation of gambling and gambling activities in jurisdictions outside the State; or

• (e) developments in forensic accounting practice.

33. Review of operation of Act and consideration of issues of concern

33. (1) The Authority—

• (a) shall monitor and review—

• (i) the implementation of this Act including the adequacy of the functions assigned to the Authority, and

• (ii) national and international developments in relation to gambling and gambling activities and international developments in the regulation of gambling and gambling activities,

and

• (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 imple-mentation 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.

34. 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.

35. 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—

• (a) the Garda Síochána,

• (b) Coimisiún na Meán,

• (c) the Charities Regulatory Authority,

• (d) the Companies Registration Office,

• (e) the Competition and Consumer Protection Commission,

• (f) the Corporate Enforcement Authority,

• (g) the Criminal Assets Bureau, or

• (h) the Revenue Commissioners.

36. 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

37. 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—

• (a) any obligations arising in respect of remuneration, superannuation and allowances for expenses in relation to—

• (i) members of the Authority, a committee of the Authority, the Appeals Panel or an Appeals Board,

• (ii) members of staff of the Authority,

• (iii) appeals officers,

• (b) the fees and allowances for expenses payable to a person, consultant or adviser referred to in section 18(1),

• (c) the cost of premises and equipment, and

• (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).

38. Power to charge fees

38. (1) The Authority shall, with the consent of the Minister, prescribe the fees payable—

• (a) on making an application for a gambling licence or for renewal of a gambling licence under Part 5,

• (b) on making an application under section 116, 117, 122 or 128,

• (c) on making an application for certification under section 124 of a gambling product or a gambling related service, and

• (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 (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—

• (a) different gambling licences, or

• (b) the different relevant gambling activity or the different relevant gambling product or relevant gambling related service licensed by the gambling licences concerned.

39. 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.

40. 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 F2[section 39(2)], or

• (b) draw on any reserve it may have in place under subsection (4).