GAMBLING REGULATION ACT 2024

• (4) Any money received through the imposition of charges in accordance with section 41 for a relevant financial period which is not required to cover the operational costs incurred by the Authority for that period may be retained by the Authority for any or all of the following purposes:

• (a) to create a reserve to pay future operational costs;

• (b) to offset future charges payable by licensees under that section;

• (c) to create a fund for the purpose of providing refunds in accordance with subsection (5).

• (5) Subject to subsection (6), where a licensee ceases, otherwise than by reason of suspension or revocation of the gambling licence of the licensee or pursuant to a court order under section 220, to provide a relevant gambling activity or a relevant gambling product or relevant gambling related service pursuant to the licence during a relevant financial period, he or she may apply to the Authority for a refund, calculated on a pro rata basis, of part of the charge paid by the licensee in respect of that licence for the relevant financial period.

• (6) A minimum of half of the charge paid by a licensee in respect of the relevant financial period referred to in subsection (5) shall be non-refundable.

41. Power to impose charge to fund Authority

41. (1) The Authority shall, from time to time, with the consent of the Minister, prescribe a financial period (in this Chapter referred to as the “relevant financial period”) by reference to which future operational costs incurred during that period shall be estimated.

• (2) The Authority shall, for the purposes of funding the operational costs for a relevant financial period, on each occasion when it prescribes a relevant financial period under subsection (1), with the consent of the Minister, determine, having regard to the matters referred to in subsection (3), the charge payable by different licensees in respect of different gambling licences for the relevant financial period concerned.

• (3) The matters referred to in subsection (2) to which the Authority is to have regard are:

• (a) in relation to each gambling licence held by a licensee, the number and type of relevant gambling activities or relevant gambling products or relevant gambling related services authorised by the licence;

• (b) the duration that a gambling licence remains in force in accordance with section 108;

• (c) where a licensee is already providing relevant gambling activities or relevant gambling products or relevant gambling related services, the turnover from the provision of such activities, products or services, as the case may be;

• (d) where a licensee held a licence or permit under the Act of 1929, the Act of 1931 or the Act of 1956, the turnover from activities conducted pursuant to the licence or permit;

• (e) where a licensee directs or directed, or is or was the beneficial owner of, a private members’ club at which gambling activities are or were carried on under the Act of 2010, the turnover from the gambling activities concerned;

• (f) where a licensee has not previously held a gambling licence, the estimated turnover from the provision of relevant gambling activities or relevant gambling products or relevant gambling related services, as the case may be;

• (g) the administrative costs, actual or estimated, incurred by a licensee in providing relevant gambling activities or relevant gambling products or relevant gambling related services, as the case may be.

• (4) The Authority may, from time to time, following consultation with the Minister, by regulations provide for exemptions (whether in whole or in part) from the payment of charges by licensees of gambling licences for charitable or philanthropic purposes having regard to—

• (a) whether the licence is granted pursuant to an application under either section 118 or 120 or pursuant to an application under section 119 for a once-off activity, or

• (b) the turnover of those licensees.

• (5) The Authority shall issue a notice in writing to each licensee by whom a charge is payable in accordance with subsection (2) setting out—

• (a) the charge payable and the basis for the calculation of that charge,

• (b) that the charge is payable by the licensee concerned within the period of 30 days of the date of the notice,

• (c) the form and manner in which payment is to be made,

• (d) the rate of interest payable on such part of the charge that remains unpaid at the expiration of the 30 days referred to in paragraph (b), and

• (e) the right of the person to bring an appeal in accordance with Part 9 against the amount of the charge referred to in paragraph (a) and the period within which the appeal may be brought in accordance with that Part.

42. Power to recover fees and charges

42. The Authority may recover as a simple contract debt in any court of competent jurisdic-tion, from a person by whom fees or a charge is payable under this Chapter, any amount due and owing to the Authority in respect of fees or a charge imposed in accordance with this Chapter.

43. Obligation to provide information to Minister and Minister for Public Expenditure, National Development Plan Delivery and Reform

43. The Authority shall, on being requested in writing to do so by the Minister or the Minister for Public Expenditure, National Development Plan Delivery and Reform, provide information in writing relating to the funding of the Authority provided for in this Chapter and the information shall be provided in such form and manner, and within such period, as is specified in the request or within such other period as may be agreed between the Authority and the Minister who makes the request.

Chapter 3 National Gambling Exclusion Register

44. Definition (Chapter 3)

44. In this Chapter, “relevant date” has the meaning assigned to it by section 45(5)(b).

45. National Gambling Exclusion Register

45. (1) The Authority shall, as soon as is practicable after the coming into operation of this section, cause to be established and maintained, in such form as it considers appropriate, a Register to be known as the National Gambling Exclusion Register.

• (2) The National Gambling Exclusion Register shall—

• (a) contain information on persons who have excluded themselves from participating in relevant gambling activities by remote means with licensees of Business to Consumer gambling licences,

• (b) be established and maintained in such a way as to enable the licensees referred to in paragraph (a) to view, in real time, the information contained in the Register, and

• (c) be established and maintained in such a way as to enable a person, referred to in paragraph (a), to view the information contained in the Register which relates to himself or herself.

• (3) The Authority may require Business to Consumer licensees who provide a relevant gambling activity by remote means to take such action as it may specify for the purposes of promoting the National Gambling Exclusion Register.

• (4) A person may make an application to the Authority, in such form as may be specified by it, to be entered in the National Gambling Exclusion Register requesting that he or she be excluded from participating in relevant gambling activities by remote means—

• (a) subject to section 47, for an indefinite period of time, and

• (b) with all licensees of a Business to Consumer gambling licence who provide relevant gambling activities by remote means.

• (5) The following information shall be entered on the National Gambling Exclusion Register in respect of a person who makes an application under subsection (4):

• (a) his or her name and address;

• (b) the date (in this Chapter referred to as the “relevant date”) from which he or she is excluded from participation, being a date not earlier than one day after the information is entered in the Register;

• (c) where the person is an account-holder with one or more than one licensee of a Business to Consumer gambling licence, details of each account held with each such licensee;

• (d) such other information as the Authority considers appropriate.

• (6) The Authority shall, as soon as practicable after information is entered in the National Gambling Exclusion Register in respect of a person, notify the licensee or licensees referred to in subsection (5)(c) in writing of that fact and, subject to subsection (7) and section 17 of the Act of 2010, each licensee so notified shall, where the person concerned is an account-holder with the licensee, refund any money in that person’s gambling account with the licensee to that person within 7 days from the date specified in the notice.

• (7) Where regulations have been made under section 167(3) and the person concerned has more than one gambling account with a licensee of a Business to Consumer gambling licence, the obligation in subsection (6) to refund money shall apply in respect of each gambling account the person has with the licensee.

• (8) A licensee of a Business to Consumer gambling licence who fails, on being notified under subsection (6), to refund money in accordance with that subsection is guilty of an offence and is liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.

• (9) The Authority shall ensure the National Gambling Exclusion Register is kept up to date and is accurate and, for that purpose, the Authority shall make such alterations to the entries in the Register as it considers necessary.

• (10) The Authority shall, as soon as practicable after making an alteration to an entry in the National Gambling Exclusion Register under subsection (9), give notice in writing of that fact to a person in respect of whom an entry has been made in the Register and to which entry the alteration relates unless the alteration was made under that subsection pursuant to a notification received under subsection (11).

• (11) A person shall notify the Authority in writing of an error in an entry in the National Gambling Exclusion Register relating to him or her or of a change in circumstances that is likely to have a bearing on the accuracy of an entry as soon as practicable after he or she becomes aware of the error or change in circumstances.

• (12) Every document purporting to be a copy of or an extract from an entry in the National Gambling Exclusion Register and purporting to be certified, either by the chief executive or a member of staff of the Authority authorised in that behalf by the chief executive, to be a true copy of or extract from such entry shall, without proof of the signature of the chief executive or the member of staff concerned, be received in evidence in any legal proceedings and shall, unless the contrary is proved, be deemed to be a true copy of or extract from such entry and shall be evidence of the matters stated in such including in so far as the copy or extract indicates that a person—

• (a) is or is not entered in the Register, or

• (b) was or was not, at a specified date or during a specified period, entered in the Register.

46. Obligations of licensee to person whose name is entered on National Gambling Exclusion Register

46. (1) Where information in relation to a person is entered on the National Gambling Exclusion Register under section 45, a licensee of a Business to Consumer gambling licence who provides a relevant gambling activity by remote means shall not, on or after the relevant date and during any time there is an entry relating to that person on the Register—

• (a) provide, to the person, a relevant gambling activity by remote means,

• (b) accept, from that person, a relevant payment in respect of such relevant gambling activity, or

• (c) communicate with that person in a manner that invites (or has the effect of inviting) him or her to participate in a relevant gambling activity.

• (2) A licensee of a Business to Consumer gambling licence who is unable, other than by reason of a systems failure in the operation of the National Gambling Exclusion Register in real time by the Authority, to view, in real time, the information in the National Gambling Exclusion Register, shall not do any of the activities referred to in paragraph (a) to (c) of subsection (1) during the period the licensee is unable to so view the information.

• (3) Subject to subsection (4), a licensee of a Business to Consumer gambling licence who contravenes subsection (1) or (2) is guilty of an offence and is liable—

• (a) on summary conviction, to a class A fine or to imprisonment for a period of 12 months, or both, or

• (b) on conviction on indictment, to a fine or to imprisonment for a period of 5 years, or both.

• (4) A licensee of a Business to Consumer gambling licence who is unable, by reason of a systems failure in the operation of the National Gambling Exclusion Register by the Authority, to view, in real time, the information in the National Gambling Exclusion Register, does not commit an offence under subsection (3) where he or she does any of the activities referred to in paragraph (a) to (c) of subsection (1) during the period of the systems failure.

47. Removal of entry on National Gambling Exclusion Register

47. (1) A person may, after the expiration of a period of 6 months from the relevant date, notify the Authority in writing that he or she wishes the Authority to remove the entry relating to him or her from the National Gambling Exclusion Register.

• (2) The Authority shall, on receipt of a notification under subsection (1) and having satisfied itself as to the identity of the person making the notification, remove the entry relating to that person from the National Gambling Exclusion Register and as soon as practicable after such removal give notice in writing of that fact to the person concerned.

48. Right of self-exclusion by person directly with licensee not affected

48. Nothing in this Chapter shall be taken to affect the right of a person to exclude himself or herself from participating in a relevant gambling activity or activities provided by a licensee by entering into an arrangement (howsoever described) provided by the licensee to enable such exclusion in accordance with the terms of the arrangement.

49. Review of operation of National Gambling Exclusion Register

49. The Authority shall, within a period of 3 years from the date of the establishment of the National Gambling Exclusion Register and in each 3 year period thereafter—

• (a) review the operation of the Register, including the number of persons who have excluded themselves from participating in relevant gambling activities by remote means through registration on the Register,

• (b) submit a report in writing to the Minister on the outcome of a review as soon as practicable after the completion of the review, and

• (c) make such recommendations in the report as it thinks appropriate to improve such operation and participation.

Chapter 4 Social Impact Fund

50. Establishment of Social Impact Fund

50. The Authority shall, as soon as practicable after the coming into operation of this section, establish and maintain a fund which shall be known as the Social Impact Fund which shall be managed and controlled by the Authority.

51. Payments out of Social Impact Fund

51. (1) The Authority may, from time to time, make a payment or payments to a person out of the Social Impact Fund of such amount of money as the Authority considers appropriate for any or all of the following purposes:

• (a) research, training, community interventions and other initiatives aimed at reducing or eliminating compulsive or excessive gambling and the social impact of compulsive or excessive gambling;

• (b) public education and awareness-raising measures for the purposes of—

• (i) highlighting the social impact of compulsive or excessive gambling, or

• (ii) informing the public about the resources available to address compulsive or excessive gambling;

• (c) the provision of services—

• (i) for the treatment of participants engaged in compulsive or excessive gambling, and

• (ii) to other persons affected by compulsive or excessive gambling;

• (d) cooperation with persons outside the State in research and training which will benefit persons in the State by reducing or eliminating compulsive or excessive gambling and the social impact of compulsive or excessive gambling;

• (e) projects, programmes or initiatives which are compatible with the purposes referred to in paragraphs (a) to (d).

• (2) Without prejudice to the generality of subsection (1), the Authority may invite persons to—

• (a) make proposals for the provision of services or engagement in activities referred to in any of paragraphs (a) to (e) of subsection (1), and

• (b) apply for a payment from the Social Impact Fund for the provision of such services or engagement in such activities.

• (3) The Authority shall publish an invitation under subsection (2) on its website and shall set out, in the invitation concerned—

• (a) the criteria the Authority will use to assess proposals, and

• (b) where a proposal is accepted, the manner in which a payment of money shall be made from the Social Impact Fund.

• (4) A person who receives money from the Social Impact Fund shall keep an account, as required under section 55, of the expenditure of that money.

• (5) The Authority may attach a condition to a payment of money made to a person out of the Social Impact Fund and, where it does so, the person concerned shall comply with that condition.

• (6) A person who fails to comply with subsection (4) or (5) is guilty of an offence and is liable—

• (a) on summary conviction, to a class A fine or to imprisonment for a period of 12 months, or both, or

• (b) on conviction on indictment, to a fine or to imprisonment for a period of 5 years, or both.

• (7) The Authority may by notice in writing request a report in writing from a person who receives money from the Social Impact Fund and the report shall contain such information as may be specified by the Authority concerning the use of that money and relating to compliance with such conditions (if any) as are imposed under subsection (5).

• (8) A person shall comply with a request under subsection (7) within such period as is specified in the request or within such other period as may be agreed in writing by the Authority and that person.

52. Payment of expenses of Authority from Social Impact Fund

52. The Minister may, from time to time, authorise the payment out of the Social Impact Fund to the Authority of such money as he or she considers necessary for the purpose of defraying, in whole or in part, the expenses incurred by the Authority in connection with the administration of the Fund.

53. Money transferred to Social Impact Fund following closure of gambling account

53. (1) The Authority shall keep a record of all moneys transferred to it by licensees under section 171(4).

• (2) The Authority shall refund, to a person directed to it by a licensee in accordance with section 171(5), the money specified in a notification sent to it under that provision in respect of that person, within 28 days of being requested to do so by that person.

54. Funding of Social Impact Fund

54. (1) A licensee, other than a licensee of a gambling licence for a charitable or philanthropic purpose, shall pay an annual contribution to the Authority in respect of the Social Impact Fund.

• (2) The contribution payable by a licensee to the Social Impact Fund shall be determined by the Authority in accordance with regulations made by the Minister under subsection (3).

• (3) The Minister shall make regulations in relation to the contributions payable by licensees, other than licensees of a gambling licence for a charitable or philanthropic purpose, to the Social Impact Fund and, without prejudice to the generality of the foregoing, such regulations—

• (a) shall provide—

• (i) the percentage of licensees’ turnover which shall be payable as a contribution, and

• (ii) the manner in which, and the date by which, contributions shall be made,

and

• (b) may provide for the payment of contributions by licensees by instalment.

• (4) The Authority shall give a licensee liable to pay a contribution a notice in writing specifying—

• (a) the contribution payable by the licensee to the Social Impact Fund, and

• (b) the manner in which, and the date by which, the contribution is required to be paid to the Authority by the licensee.

• (5) Where a contribution to the Social Impact Fund is payable by a licensee pursuant to a notice under subsection (4) and during the year to which the contribution concerned relates, the gambling licence of the licensee is transferred to a person under section 109, the person to whom the licence is transferred is liable to pay the contribution concerned for that year only to the extent that the full amount of the contribution has not been paid prior to the transfer.

• (6) The Authority may recover as a simple contract debt, in any court of competent jurisdic-tion, from a person by whom a contribution to the Social Impact Fund is payable, any amount due and owing to the Authority in respect of contributions imposed in accordance with this section.

55. Obligation to keep account of expenditure of money received from Social Impact Fund

55. (1) A person in receipt of money from the Social Impact Fund under section 51 shall keep, in such form and manner as may be approved by the Minister, with the concurrence of the Minister for Public Expenditure, National Development Plan Delivery and Reform, an account of the expenditure of that money by that person in each financial year in which that money is expended.

• (2) Accounts kept pursuant to subsection (1) shall be submitted to the Authority not later than 1 March in the year immediately following the financial year to which they relate or on such earlier date as the Authority may specify.

56. Direction of Minister

56. (1) The Minister may give a direction in writing to the Authority in relation to the management and control of the Social Impact Fund by the Authority.

• (2) The Authority shall comply with a direction given by the Minister under subsection (1).

57. Accounts: Social Impact Fund

57. (1) The Authority shall keep, in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, all proper and usual accounts of all money received in respect of the Social Impact Fund or expended from the Fund.

• (2) Accounts referred to in subsection (1) shall be submitted by the Authority for audit not later than 1 April in the year immediately following the financial year to which they relate or on such earlier date as the Minister may specify.

• (3) The Authority shall, immediately after the audit referred to in subsection (2), present to the Minister a copy of—

• (a) the accounts, and

• (b) the report of the Comptroller and Auditor General on those accounts.

• (4) The Minister shall cause copies of the accounts and report presented to him or her under subsection (3) to be laid before each House of the Oireachtas as soon as practicable after such presentation.

PART 3

Provisions Applicable to Authority, Appeals Panel and Adjudication Officers

58. Definition (Part 3)

58. In this Part, “relevant office” means the Authority and the Appeals Panel.

59. Ineligibility to become and disqualification to act as member of relevant office or as adjudic- ation officer

59. (1) A person shall not be eligible for appointment as a member of a relevant office, as an adjudication officer or as the chief executive during any period that he or she is—

• (a) an undischarged bankrupt, or

• (b) subject to a composition or arrangement with his or her creditors.

• (2) A person shall cease to hold office as a member of a relevant office, as an adjudication officer or as the chief executive upon—

• (a) being adjudicated bankrupt, or

• (b) making an arrangement or composition with his or her creditors.

• (3) A person shall not be eligible for appointment, and shall cease to hold office, as a member of a relevant office, as an adjudication officer or as the chief executive if he or she—

• (a) is convicted on indictment of an offence,

• (b) is convicted of an offence involving fraud or dishonesty,

• (c) has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act,

• (d) is subject, or is deemed to be subject, to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provisions of that Act, or

• (e) enters into employment with—

• (i) a licensee or an organisation which represents licensees in the State, or

• (ii) a person equivalent to a licensee, or an organisation equivalent to an organisation referred to in subparagraph (i), outside the State.

60. Membership of either House of Oireachtas, European Parliament or local authority

60. (1) Where a member of a relevant office, an adjudication officer or the chief executive is—

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

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

• (c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, or

• (d) is elected or co-opted as a member of a local authority,

he or she shall thereupon cease to be a member of the relevant office, an adjudication officer or chief executive, as the case may be.

• (2) Where a member of staff of the Authority is—

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

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

• (c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, or

• (d) is elected or co-opted as a member of a local authority,

he or she shall thereupon stand seconded from that employment, and where the member of staff concerned is a person referred to in section 26(2), he or she shall cease to be seconded to be a member of staff of the Authority, and shall not be paid by, or be entitled to receive from, the relevant office concerned, any remuneration or allowances in respect of the period commencing on the nomination, election or co option, or when he or she is regarded as having been elected, as the case may be.

• (3) A person who is for the time being—

• (a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

• (b) a member of the European Parliament, or

• (c) entitled under the standing orders of a local authority to sit as a member thereof,

shall, while he or she is so entitled as mentioned in paragraph (a) or (c) or is such a member as mentioned in paragraph (b), be disqualified to act as an adjudication officer, for membership of a relevant office or for employment in any capacity by a relevant office.

• (4) In this section, “Act of 1997” means the European Parliament Elections Act 1997.

61. Removal of member of relevant office

61. (1) The Minister may remove a member of a relevant office if, in the opinion of the Minister, the member has—

• (a) without reasonable excuse, failed to discharge the functions of the office,

• (b) become incapable through ill-health of effectively performing the functions of the office,

• (c) committed stated misbehaviour (other than misbehaviour which is the basis for a conviction referred to in section 59 as a result of which the member is required to cease to hold office in accordance with that provision),

• (d) a conflict of interest of such significance that, in the opinion of the Minister, the person should cease to hold the office, or

• (e) the member’s removal appears to be necessary for the effective performance of the functions of the relevant office.

• (2) Where the Minister proposes to remove a member pursuant to subsection (1), he or she shall notify the member in writing of that proposal.

• (3) A notification under subsection (2) shall include a statement—

• (a) of the reasons for the proposed removal,

• (b) that the member concerned may, within 30 days of the sending of the notification or such other period as the Minister, having regard to the requirements of natural justice, may specify, make representations in such manner as may be specified in the notice to the Minister as to why the member should not be removed from office, and

• (c) that, where no representations are received within the period specified under para- graph (b), the Minister will, without further notice, proceed with the removal of the member from office in accordance with this section.

• (4) In considering whether to remove a member from office, the Minister shall take into account—

• (a) any representations made pursuant to subsection (3)(b), and

• (b) any other matter that the Minister considers relevant for the purpose of his or her decision.

• (5) Where, having taken into account the matters referred to in subsection (4), the Minister decides to remove the member from office, he or she shall notify the member in writing of his or her decision and of the reasons for it.

62. Non-disclosure of confidential information

62. (1) A person shall not, unless he or she is required or permitted by law or duly authorised in writing by the Authority to do so, disclose confidential information obtained by him or her while performing functions as—

• (a) the chief executive, a member or a member of staff of, the Authority, a member of a committee or an authorised officer, or

• (b) a consultant, advisor or other person who is or was engaged under contract or other arrangement by the Authority under section 18.

• (2) A person shall not, unless he or she is required or permitted by law or duly authorised in writing by the chairperson of the Appeals Panel to do so, disclose confidential information obtained by him or her while performing functions under this Act as a member of the Appeals Panel, an Appeals Board or as an appeals officer.

• (3) A person shall not, unless he or she is required or permitted by law or duly authorised in writing by the chief adjudication officer to do so, disclose confidential information obtained by him or her while performing functions under this Act as an adjudication officer.

• (4) A person who contravenes subsection (1), (2) or (3) is guilty of an offence and is liable on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both.

• (5) In this section, “confidential information” includes—

• (a) information that is expressed to be confidential by a relevant office or the chief adjudication officer either as regards particular information or as regards information of a particular class or description, and

• (b) proposals of a commercial nature or tenders submitted to the relevant office or the chief adjudication officer by contractors, consultants or any other person.

63. False or misleading information, documentation or evidence

63. (1) A person is guilty of an offence where he or she—

• (a) provides information or documentation or gives evidence to—

• (i) a relevant office,

• (ii) a member of a relevant office, or

• (iii) an adjudication officer,

in the performance of their respective functions, and

• (b) knows, or ought reasonably to know, the information, documentation or evidence, as the case may be, to be false or misleading in a material respect.

• (2) A person guilty of an offence under subsection (1) is liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 2 years, or both, or

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.

64. Restriction of rights and obligations under Data Protection Regulation

64. (1) Subject to such regulations (if any) which may be made under section 65, the rights and obligations provided for in Articles 12 to 22 (and Article 5 in so far as its provisions correspond to any of the rights and obligations provided for in Articles 12 to 22) and Article 34 of the Data Protection Regulation, in so far as the rights and obligations relate to the processing of personal data by a person or body specified in subsection (2), are restricted—

• (a) to the extent necessary and proportionate to enable that person or body to perform his, her or its functions under Parts 7, 8 and 9, and

• (b) in relation to personal data received by the Authority under section 105, to enable that person or body to perform his, her or its functions under this Act.

• (2) A person or body referred to in subsection (1) means—

• (a) the Authority,

• (b) a member of staff of the Authority,

• (c) an authorised officer,

• (d) an adjudication officer, and

• (e) the Appeals Panel, an Appeals Board or an appeals officer.

65. Regulations for purposes of data protection

65. The Authority may, with the consent of the Minister, for the purposes of this Act, by regulations provide for the following:

• (a) suitable and specific measures, including measures set out in section 36(1) of the Act of 2018, for the processing of personal data and special categories of personal data;

• (b) the period during which the rights and obligations referred to in section 64 may be restricted under that provision;

• (c) the period during which personal data or special categories of personal data may be processed.

66. Amendment of Freedom of Information Act 2014

66. Schedule 1 of the Freedom of Information Act 2014 is amended, in Part 1—

• (a) in paragraph (am)(iv), by the substitution of “entity;” for “entity.”, and

• (b) by the insertion of the following paragraph after paragraph (am):

• “(an) the Gambling Regulatory Authority of Ireland, a member, a member of staff or an authorised officer, of that Authority, the Appeals Panel, an Appeals Board, an appeals officer and an adjudication officer (all within the meaning of the Gambling Regulation Act 2024), in relation to the performance of their respective functions under that Act, save as regards records concerning their respective functions relating to general administration.”.

PART 4

Prohibitions and Offences (General)

Chapter 1 Prohibitions: gambling activities and offence of cheating

67. Prohibition on providing betting activity, game or lottery

67. (1) Subject to section 68, Part 10 and section 18B of the Act of 1958, a person shall not provide, or cause another person to provide, a betting activity unless—

• (a) the person is—

• (i) a licensee of a betting licence and the betting activity is a relevant betting activity, or

• (ii) a licensee of a gambling licence for a charitable or philanthropic purpose and the betting activity is pool betting that is a relevant gambling activity for a charitable or philanthropic purpose,

and

• (b) the betting activity is provided in-person or by remote means in accordance with the gambling licence held by the licensee.

• (2) Subject to section 68 and Part 10, a person shall not provide, or cause another person to provide, a game unless—

• (a) the person is—

• (i) a licensee of a gaming licence and the game is a relevant game, or

• (ii) a licensee of a gambling licence for a charitable or philanthropic purpose and the game is a relevant gambling activity for a charitable or philanthropic purpose,

and

• (b) the game is provided in-person or by remote means in accordance with the gambling licence held by the licensee.

• (3) Subject to section 68 and Part 10, a person shall not provide, or cause another person to provide, a lottery unless—

• (a) the person is—

• (i) a licensee of a lottery licence and the lottery is a relevant lottery,

• (ii) a licensee of a gambling licence for a charitable or philanthropic purpose and the lottery is a relevant gambling activity for a charitable or philanthropic purpose, or

• (iii) exempt, under Chapter 3 of Part 5, from the requirement to hold a gambling licence in respect of the lottery concerned,

and

• (b) the lottery is provided in-person or by remote means in accordance with the gambling licence held by the licensee.

• (4) A person who contravenes subsection (1), (2) or (3) is guilty of an offence and is liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 8 years, or both.

68. Employees, servants or agents of licensee providing relevant gambling activity

68. (1) A person may provide a relevant betting activity where he or she is providing such activity in his or her capacity as an employee, servant or agent of a licensee referred to in section 67(1)(a)(i).

• (2) A person may provide pool betting which is a relevant gambling activity for a charitable or philanthropic purpose where he or she is providing such pool betting in his or her capacity as an employee, servant or agent of a licensee referred to in section 67(1)(a)(ii).

• (3) A person may provide a relevant game where he or she does so in his or her capacity as an employee, servant or agent of a licensee referred to in section 67(2)(a)(i).

• (4) A person may provide a game which is a relevant gambling activity for a charitable or philanthropic purpose where he or she does so in his or her capacity as an employee, servant or agent of a licensee referred to in section 67(2)(a)(ii).

• (5) A person may provide a relevant lottery where he or she does so in his or her capacity as an employee, servant or agent of a licensee referred to in section 67(3)(a)(i).

• (6) A person may provide a lottery which is a relevant gambling activity for a charitable or philanthropic purpose where he or she does so in his or her capacity as an employee, servant or agent of a licensee referred to in section 67(3)(a)(ii).

69. Prohibition on betting intermediaries acting other than by remote means

69. (1) A person (in this subsection referred to as the “intermediary”) shall not provide a facility that enables another person to engage in betting with a person, other than the intermediary, where that facility is provided—

• (a) in-person, or

• (b) by remote means unless the intermediary is providing the facility pursuant to a remote betting intermediary licence.

• (2) A person who contravenes subsection (1) is guilty of an offence and is liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.

70. Prohibition on sale or supply of gambling product or gambling related service

70. (1) Subject to subsection (2) and section 72, a person may not sell or supply, directly or indirectly, a gambling product or a gambling related service unless—

• (a) the person is a licensee of a Business to Business gambling licence, and

• (b) such sale or supply is authorised by that licence in accordance with section 89.

• (2) Subsection (1) shall not apply—

• (a) to a person selling or supplying, directly or indirectly, a gambling product or gambling related service solely and exclusively to an operator of the National Lottery,

• (b) to an operator of the National Lottery, or

• (c) in respect of a person to whom subsection (2) of section 125 applies—

• (i) during the period referred to in that subsection, or

• (ii) where the person has made an application referred to in that subsection, during that period and any further period beginning on the expiration of the first-mentioned period and ending when the Authority notifies the person in writing of its decision to grant or refuse to grant a Business to Business gambling licence under that section.

• (3) A person who contravenes subsection (1) is guilty of an offence and is liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.

71. Prohibition on purchase of gambling product or gambling related service

71. (1) A person in the State may not purchase a gambling product or a gambling related service unless the person concerned—

• (a) is a licensee and the person selling or supplying the product or service is a licensee of a Business to Business gambling licence and the product or service concerned is a relevant gambling product or relevant gambling related service, as the case may be,

• (b) is doing so in the person’s capacity as an operator of the National Lottery, or

• (c) has, on the coming into operation of this section, entered into a binding contract to purchase a gambling product or a gambling related service from another person.

• (2) A person who contravenes subsection (1) is guilty of an offence and is liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.

72. Gambling licensees and software for use in gambling

72. Subject to, where applicable, the Authority being satisfied of the matters referred to in section 103(3)(a) or (c), or both, as the case may be, a licensee of a gambling licence, other than a Business to Business gambling licence, may, without a Business to Business gambling licence, manufacture, adapt, install, maintain or upgrade software for use by the licensee concerned in providing a relevant gambling activity.

73. Prohibition on transfer, assignment or encumbrance of gambling licence

73. Subject to section 109, a gambling licence may not be transferred, assigned, mortgaged, charged or otherwise encumbered and any purported transfer, assignment, mortgage, charge or other encumbrance shall be void and of no effect.

74. Cheating at relevant gambling activity

74. (1) A person who cheats at a relevant gambling activity is guilty of an offence and is liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.

• (2) For the purposes of subsection (1), it is immaterial whether the person who cheats—

• (a) makes a gain, or

• (b) improves his or her chances of making a gain.

• (3) Without prejudice to the generality of subsection (1), a person cheats where he or she interferes with or manipulates—

• (a) the process by which a relevant gambling activity is provided,

• (b) a relevant gambling product or relevant gambling related service being used for a relevant gambling activity,

• (c) an event to which a relevant gambling activity relates, or

• (d) the outcome of a 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

75. (1) Where the Authority has reasonable grounds for believing that a person (in this section referred to as a “relevant person”) is providing a gambling activity in contravention of Chapter 1 or is advertising such an activity (in this section referred to as a “prohibited gambling activity”), the Authority may apply to the Court for either or both of the following:

• (a) an order directing the relevant person to cease the prohibited gambling activity;

• (b) one or more of the orders specified in subsection (2).

• (2) The orders referred to in subsection (1)(b) are orders directing that:

• (a) an internet service provider or a provider of an online application store service, as the case may be, block access to the prohibited gambling activity concerned;

• (b) a bank shall not, without leave of the Court, receive any payment into a bank account of a relevant person held with the bank in relation to a prohibited gambling activity;

• (c) a bank shall not, without leave of the Court, make any payment out of a bank account of a relevant person held with the bank;

• (d) a relevant person shall not, without leave of the Court, dispose of, or direct or facilitate the disposal of, an asset of the relevant person;

• (e) a relevant person shall not, without leave of the Court, reduce the relevant person’s assets below a specified amount or value;

• (f) a relevant person shall not, without leave of the Court, remove the relevant person’s assets from the State;

• (g) in relation to a relevant payment made by a person to a relevant person in respect of a prohibited gambling activity, the relevant person refund the relevant payment to the first-mentioned person;

• (h) a relevant person surrender to the Authority any gambling product used by the relevant person in providing the prohibited gambling activity.

• (3) On the hearing of an application under subsection (1), the Court may, where it is satisfied that the relevant person concerned is engaged in a prohibited gambling activity, make an order directing the relevant person to cease the prohibited gambling activity concerned.

• (4) Where the prohibited gambling activity which is the subject of an order under subsection (3) is advertising a gambling activity, the Court may, at the same time as making an order under that subsection, direct the Authority to publish details of that order on its website.

• (5) On the hearing of an application under subsection (1) where an order referred to in subsection (2) has been applied for, the Court may make the order concerned:

• (a) in the case of an order referred to in subsection (2)(a), where it is satisfied that the prohibited gambling activity can be accessed online;

• (b) in the case of an order referred to in subsection (2)(b), where it is satisfied that the payments concerned are made to the relevant person in relation to a prohibited gambling activity;

• (c) in the case of an order referred to in subsection (2)(c), (d), (e) or (f), where it is satisfied that it is necessary for the purpose of the order referred to in subsection (2)(g);

• (d) in the case of an order referred to in subsection (2)(g), where it is satisfied that a person has made a relevant payment to a relevant person in relation to a prohibited gambling activity;

• (e) in the case of an order referred to in subsection (2)(h), where it is satisfied that the gambling product concerned was used by the relevant person in providing the prohibited gambling activity concerned.

• (6) In addition to the orders that may be made under subsection (5), the Court may, on hearing an application under subsection (1), make such other order as it considers appropriate in the circumstances.

• (7) The Court may, for the purpose of an application under subsection (1), make one or more of the following orders directing that:

• (a) a bank furnish any information in its possession relating to the financial affairs of a relevant person;

• (b) in the case of a relevant person who is an individual, the individual swear an affidavit disclosing information relating to assets held in his or her own name or held jointly with third parties;

• (c) in the case of a relevant person that is a body corporate, a relevant officer or a beneficial owner, or both, of the relevant person swear an affidavit disclosing information relating to assets held in the name of the body corporate concerned or jointly with third parties.

• (8) Where the Court is satisfied that there is reason to believe that a person holds or has held assets on behalf of a relevant person, the Court may order the first-mentioned person—

• (a) to disclose all information as to such assets in the person’s possession or power to procure, or

• (b) to disclose—

• (i) all information as to such assets which had been but are no longer in the person’s possession or power to procure, and

• (ii) the person’s belief as to the present whereabouts of those assets.

• (9) At any time while an order under paragraph (b), (c), (d) or (e) of subsection (5) or under subsection (6) is in force, the Court may, on application by a person affected by the order concerned, make such order as the Court considers appropriate, in relation to an asset affected by the order, if satisfied that it is necessary to do so for the purpose of enabling the person—

• (a) to discharge the reasonable living and other necessary expenses, including fees and costs payable in respect of legal advice or legal representation for the purposes of proceedings under this Act, of the person, or any dependent person, or

• (b) to carry on a business, trade, profession or other occupation to which the asset relates.

• (10) The Court may, on application to it by a person to whom an order under subsection (5) is directed, discharge such order where it is satisfied that the relevant person is no longer engaged in a prohibited gambling activity.

• (11) The Court may, on application to it by a person affected by an order, other than an order referred to in subsection (10), under this section, discharge such order where it is satisfied that the basis on which the order was made no longer applies and that it is in the interests of justice to do so.

• (12) The Court may not require the Authority to give an undertaking as to damages as a condition for the granting of an order under subsection (3), (5), (6), (7) or (8).

• (13) The hearing of an application under this section shall be conducted in public unless the Court directs that due to the existence of special circumstances the proceedings (or part thereof) should be conducted otherwise than in public.

• (14) The Authority may make an application under subsection (1) for a temporary order on an ex parte basis where it considers that there is an urgent need to act, including where the Authority considers that urgent action is required in order to protect the public from the serious consequences of a prohibited gambling activity being engaged in.

• (15) In this section—

“bank” means—

• (a) a regulated financial service provider, or

• (b) a bank outside the State;

“Court” means the High Court.

Chapter 3 Provisions related to offences: general

76. Liability of relevant officers and beneficial owners

76. Where an offence under this Act is committed by a person and the offence is proved to have been committed with the consent or connivance of, or to be attributable to the wilful neglect of, another person who, when the offence was committed, was a relevant officer or a beneficial owner of the first-mentioned person, that person, as well as the first mentioned person, is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

77. Summary proceedings

77. Summary proceedings for an offence under this Act may be brought and prosecuted by the Authority.

78. Time limit for offences: summary proceedings

78. Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted at any time within 3 years from the date on which the offence was alleged to have been committed.

79. Jurisdiction

79. (1) Where a person engages in conduct in a place outside the State that would, if it occurred in the State, constitute an offence under this Act, or an offence of inciting, aiding and abetting, or attempting the commission of an offence under this Act, the person is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of that first-mentioned or second-mentioned offence, as the case may be, if any of the following circumstances apply:

• (a) the conduct takes place on board an Irish ship, within the meaning of section 9 of the Mercantile Marine Act 1955;

• (b) the conduct takes place on an aircraft registered in the State;

• (c) the conduct constitutes an offence under the law of that place and the person is—

• (i) an Irish citizen,

• (ii) ordinarily resident in the State, or

• (iii) a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act or is another body corporate established under the law of the State.

• (2) Proceedings for an offence under this section may be taken in any place in the State and the offence may, for all incidental purposes, be treated as having been committed in that place.

• (3) For the purposes of subsection (1)(c)(i)—

• (a) a certificate that is signed by an officer of the Minister for Foreign Affairs and stating that a passport was issued by that Minister of the Government to a person on a specified date, and

• (b) a certificate that is signed by an officer of the Minister and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish citizen,

shall be evidence that the person was an Irish citizen on the date on which the offence concerned is alleged to have been committed, unless the contrary is proved.

• (4) For the purposes of subsection (1)(c), a certificate—

• (a) purporting to be signed by a lawyer practising in the place where the conduct is alleged to have occurred, and

• (b) stating that such conduct is an offence in that place,

shall be evidence of the matters referred to in that certificate, unless the contrary is proved.

• (5) A document purporting to be a certificate referred to in subsection (3) or (4) is deemed, unless the contrary is proved—

• (a) to be such a certificate, and

• (b) to have been signed by the person purporting to have signed it.

• (6) In a case where a certificate referred to in subsection (4) is written in a language other than the Irish language or the English language, unless the contrary is proved—

• (a) a document purporting to be a translation of that certificate into the Irish language or the English language, as the case may be, and that is certified as correct by a person appearing to be competent to so certify, is taken—

• (i) to be a correct translation of the certificate, and

• (ii) to have been certified by the person purporting to have certified it,

and

• (b) the person is taken to be competent to so certify.

• (7) For the purposes of this section—

• (a) a person shall be deemed to be ordinarily resident in the State if he or she had his or her principal residence in the State for the period of 12 months immediately preceding the date of the alleged commission of the offence, and

• (b) 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.

• (8) Where a person has been acquitted or convicted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the conduct, or substantially the same conduct, that constituted the offence of which the person has been acquitted or convicted.

80. Costs of prosecution

80. (1) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Authority the costs and expenses, measured by the court, incurred by the Authority in relation to the investigation, detection and prosecution of the offence.

• (2) An order for the payment of costs and expenses under subsection (1) is in addition to and not instead of any fine or other penalty the court may impose.

81. Suspension or revocation of gambling licence on conviction for offence

81. (1) Subject to subsection (2), where a licensee is convicted of an offence under this Act, the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that a gambling licence held by the licensee to which the conviction relates be—

• (a) suspended for a specified period, or

• (b) revoked.

• (2) Where the court is of the view that, having regard to the matters referred to in subsection (1), the offence is sufficiently serious, it may, in addition to suspending or revoking the gambling licence referred to in that subsection, suspend for a specified period or revoke any other gambling licence held by the licensee.

• (3) An order under subsection (1) and, where applicable, a suspension or revocation under subsection (2), shall not take effect until—

• (a) the time for bringing an appeal against the conviction concerned has expired without any such appeal having been brought,

• (b) any such appeal has been withdrawn, abandoned or struck out, or

• (c) on any such appeal, the conviction and order are upheld.

PART 5

Licensing of Gambling Activities

Chapter 1 Preliminary and General

82. Definitions (Part 5)

82. In this Part—

“maximum relevant payment and maximum winnings” means—

• (a) for each relevant game, the amount of the maximum relevant payment and maximum winnings standing specified in columns (2) and (3) respectively opposite the mention of relevant game in column (1) of Schedule 3,

• (b) subject to paragraph (c), for each relevant lottery, the amount of the maximum relevant payment and maximum winnings standing specified in columns (2) and (3) respectively opposite the mention of relevant lottery in column (1) of Schedule 3,

• (c) for a relevant lottery provided pursuant to a lottery licence for a once-off lottery, the amount of the maximum relevant payment and maximum winnings standing specified in columns (2) and (3) respectively opposite the mention of relevant lottery: once-off activity in column (1) of Schedule 3,

• (d) subject to paragraph (e), for each game or lottery which is a relevant gambling activity for a charitable or philanthropic purpose, the amount of the maximum relevant payment and maximum winnings standing specified in columns (2) and (3) respectively opposite the mention of gambling licence for charitable or philanthropic purpose in column (1) of Schedule 3, or

• (e) in the case of a relevant gambling activity for a charitable or philanthropic purpose provided pursuant to a gambling licence for a charitable or philanthropic purpose for a once-off activity, the maximum relevant payment and maximum winnings standing specified for the activity concerned in columns (2) and (3) respectively, opposite the mention of gambling licence for a charitable or philanthropic purpose: once-off activity in column (1) of Schedule 3;

“relevant information and documentation” has the meaning assigned to it by section 96(1);

“updated relevant information and documentation” has the meaning assigned to it by section 104(1).

83. Regulations (Part 5)

83. (1) The Authority may prescribe any of the following:

• (a) information (if any), additional to that set out in this Part, to be submitted with an application for a gambling licence;

• (b) a form of consent to the processing of personal data and special categories of personal data.

• (2) Subject to subsection (3), the Authority may, with the consent of the Minister, by regulations vary the amount of a maximum relevant payment specified in column (2) of Schedule 3 or the amount of maximum winnings specified in column (3) of that Schedule, or both, having regard to—

• (a) the number of gaming and lottery licences in force under this Act at the time of making the regulations,

• (b) the impact of gambling activities on society in general, and

• (c) the potential impact of any variation on gambling activities generally.

• (3) Where regulations are made under subsection (2) which reduce the amount of a maximum relevant payment or of maximum winnings, or both, of a relevant game, a relevant lottery or a relevant gambling activity for a charitable or philanthropic purpose, the coming into operation of the regulations shall not affect such a game, lottery or activity already underway but not completed on such coming into operation.

• (4) For the purposes of subsection (3), a relevant lottery or a relevant gambling activity for a charitable or philanthropic purpose that is a lottery shall be taken to be underway where a relevant payment has been made in respect of the lottery concerned by any participant.

Chapter 2 Gambling licences and register of gambling licensees

84. Gambling licences

84. Subject to the requirements of this Act, the Authority may issue the following gambling licences:

• (a) in accordance with Chapter 6, a Business to Consumer gambling licence;

• (b) in accordance with Chapter 7, a gambling licence for a charitable or philanthropic purpose;

• (c) in accordance with Chapter 8, a Business to Business gambling licence.

85. Betting licences

85. (1) Subject to subsection (2), the Authority may issue the following betting licences:

• (a) a licence (in this Act referred to as an “in-person betting licence”) authorising the licensee of the licence to provide betting activities referred to in paragraphs (a), (c), and (d) (in so far as that paragraph relates to the activities referred to in paragraphs (a) and (c)) of section 3(1)—

• (i) from one or more premises in the State where a person attends at the premises to engage in betting, and

• (ii) in the case of pool betting, for an event, a series of events or a class of events;

• (b) a licence (in this Act referred to as a “remote betting licence”) authorising the licensee of the licence to provide betting activities referred to in paragraphs (a), (c), and (d) (in so far as that paragraph relates to the activities referred to in paragraphs (a) and (c)) of section 3(1) by remote means, and in the case of pool betting, by remote means for an event, a series of events or a class of events;

• (c) a licence (in this Act referred to as an “in-person and remote betting licence”) authorising the licensee of the licence to provide betting activities referred to in paragraphs (a), (c), and (d) (in so far as that paragraph relates to the activities referred to in paragraphs (a) and (c)) of section 3(1)—

• (i) from one or more premises in the State where a person attends at the premises to engage in betting,

• (ii) in the case of pool betting, for an event, a series of events or a class of events, and

• (iii) by remote means, and in the case of pool betting, by remote means for an event, a series of events or a class of events;

• (d) a licence (in this Act referred to as a “remote betting intermediary licence”) authorising the licensee of the licence to engage in betting activities referred to in paragraphs (b) and (d) (in so far as that paragraph relates to the activity referred to in paragraph (b)) of section 3(1), other than pool betting.

• (2) A betting licence referred to in subsection (1) shall not authorise a licensee of the licence to provide a betting activity in respect of such matters (if any) as may be prohibited in regulations made under subsection (3).

• (3) Subject to subsection (4), the Authority may, having regard to the public interest and public safety, and having consulted with the Minister, prescribe matters in respect of which a licensee of a betting licence may not provide a betting activity and, without prejudice to the foregoing, such matters may include criminal activities.

• (4) The Authority shall, where it proposes to prescribe a matter under subsection (3) in respect of which a Minister of the Government, other than the Minister, has responsib-ility, consult with the Minister of the Government concerned before making regulations under that subsection.

86. Gaming licences

86. (1) The Authority shall prescribe, for the purposes of gaming, a list of the games that may, subject to subsection (2), be provided by a licensee pursuant to the gaming licences issued under subsection (3).

• (2) A gaming licence shall specify, from the games standing prescribed under subsection (1), each game (in this Act referred to as a “relevant game”) a licensee may provide pursuant to the licensee’s gaming licence.

• (3) The Authority may issue the following gaming licences:

• (a) a licence (in this Act referred to as an “in-person gaming licence”) authorising the licensee of the licence to provide a relevant game or games from one or more premises in the State to a person who attends at the premises concerned to play the games;

• (b) a licence (in this Act referred to as a “remote gaming licence”) authorising the licensee of the licence to provide a relevant game or games by remote means;

• (c) a licence (in this Act referred to as an “in-person and remote gaming licence”) authorising the licensee of the licence to provide a relevant game or games—

• (i) from one or more premises in the State to a person who attends at the premises concerned to play the games, and

• (ii) by remote means.

87. Lottery licences

87. (1) The Authority shall, for the purposes of issuing lottery licences under this section, prescribe the lottery products and activities that may, subject to subsection (2), be provided by a licensee pursuant to the lottery licences issued under subsection (3).

• (2) A lottery licence shall specify, from the lottery products and activities standing prescribed under subsection (1), the lottery activity or product, or both, as the case may be, (in this Act referred to as a “relevant lottery”) which a licensee may provide pursuant to the licensee’s lottery licence.

• (3) The Authority may issue the following lottery licences:

• (a) a licence (in this Act referred to as an “in-person lottery licence”) authorising the licensee of the licence to provide a relevant lottery from one or more premises in the State to a person who attends at the premises to participate in the relevant lottery;

• (b) a licence (in this Act referred to as a “remote lottery licence”) authorising the licensee of the licence to provide a relevant lottery by remote means;

• (c) a licence (in this Act referred to as an “in-person and remote lottery licence”) authorising the licensee of the licence to provide a relevant lottery—

• (i) from one or more premises in the State to a person who attends at the premises to participate in a relevant lottery, and

• (ii) by remote means.

88. Gambling licence for charitable or philanthropic purpose

88. (1) Subject to subsections (3) and (4), the Authority may issue a licence (in this Act referred to as a “gambling licence for a charitable or philanthropic purpose”), in accordance with Chapter 7, authorising the licensee of the licence to provide one or more of the gambling activities (in this Act referred to as a “relevant gambling activity for a charitable or philanthropic purpose”) set out in subsection (2) as are specified in the licence concerned.

• (2) A relevant gambling activity for a charitable or philanthropic purpose referred to in subsection (1) is providing—

• (a) a game or games, from among the games standing prescribed under section 86(1),

• (b) pool betting for an event, a series of events or a class of events specified in the licence, or

• (c) a lottery activity or product, or both, as the case may be, from among the lottery products and activities standing prescribed under section 87(1).

• (3) A gambling licence for a charitable or philanthropic purpose may authorise the licensee of the licence to provide a relevant gambling activity for a charitable or philanthropic purpose—

• (a) from one or more premises in the State to a person who attends at the premises to participate in the activity and, where specified in the licence concerned, off the premises through the licensee or another person where that other person is an employee, servant or agent of that licensee,

• (b) by remote means, or

• (c) in the manner specified in paragraphs (a) and (b).

• (4) For the purposes of this Act, each of the following shall be considered to be a charitable or philanthropic purpose:

• (a) the prevention or relief of poverty or economic hardship;

• (b) the advancement of education;

• (c) the advancement of religion;

• (d) any other purpose that is of benefit to the community including:

• (i) the advancement of community welfare including the relief of those in need by reason of age, ill-health, or disability;

• (ii) the advancement of community development, including rural or urban regeneration;

• (iii) the promotion of civic responsibility or voluntary work;

• (iv) the promotion of health, including the prevention or relief of sickness, disease or human suffering;

• (v) the advancement and promotion of sport;

• (vi) the advancement of conflict resolution or reconciliation;

• (vii) the promotion of religious or racial harmony and harmonious community relations;

• (viii) the protection of the natural environment;

• (ix) the advancement of environmental sustainability;