GAMBLING REGULATION ACT 2024

• (e) inform a Chief Superintendent of the Garda Síochána for the division where the gambling activity concerned took place, or in the case of an activity by remote means, the Garda National Economic Crime Bureau, as soon as practicable of the suspicious gambling pattern, and

• (f) not pay out winnings on the relevant gambling activity concerned until notified by the Authority that it may do so.

• (2) A licensee to whom this section applies shall, as soon as practicable, furnish to the Authority a copy of such records, including each note issued for the purposes of subsection (1)(b), related to the suspicious gambling pattern concerned as are in the licensee’s possession or power to procure.

• (3) Subject to the Data Protection Regulation and the Act of 2018 and having due regard to the need to avoid prejudicing the operation of Part 8 in so far as it relates to the consideration of a notification received under subsection (1)(d), the Authority, having considered the notification concerned—

• (a) shall take such steps (if any) as it considers appropriate to inform other licensees of the suspicious gambling pattern concerned, and

• (b) may alert—

• (i) a person who, under the law of a place other than the State, performs functions that are the same as or similar to those performed by the Authority under this Act, of the suspicious gambling pattern, and

• (ii) where the relevant gambling activity which is the subject of the notification relates to a sport with a governing body inside or outside the State, the governing body concerned of the suspicious gambling pattern.

• (4) A licensee who fails to comply with 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.

157. Offering inducement to gamble

157. (1) A licensee to whom this Chapter applies may not offer an inducement other than in accordance with this section.

• (2) A licensee may not offer a person or specific group of persons an inducement.

• (3) A licensee shall comply with regulations (if any) made under subsection (4) in offering an inducement to the general public.

• (4) Subject to subsection (5), the Minister may, following consultation with the Authority, make regulations—

• (a) imposing conditions on the manner in which an inducement or a class of inducements is offered by licensees,

• (b) imposing conditions on an inducement or a class of inducements, or both, that may be offered by licensees, and

• (c) prohibiting the offering by licensees of an inducement or a class of inducements.

• (5) The Minister shall, in making regulations under subsection (4) have regard to whether the inducement or class of inducements concerned would encourage or contribute to—

• (a) excessive or compulsive gambling, or

• (b) an increase in the level of participation in gambling in the State contrary to public policy.

• (6) Without prejudice to the generality of subsection (4), the Minister may, in making regulations under that subsection, impose different conditions in relation to different inducements or different classes of inducements.

• (7) A person who contravenes subsection (2) or regulations made under subsection (4) 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.

• (8) In this section, “inducement” means a benefit or advantage, the intent or effect of which is, either directly or indirectly, to encourage participation in gambling.

158. Obligation not to permit child participate in relevant gambling activity

158. (1) A licensee to whom this Chapter applies shall not permit a child to participate in a relevant gambling activity.

• (2) A licensee who fails to comply with 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 8 years, or both.

• (3) It shall be a defence to proceedings for an offence under subsection (2) to prove that the defendant was reasonably mistaken that at the time of the alleged commission of the offence the child, against whom the offence is alleged to have been committed, had attained the age of 18 years.

• (4) Where, in proceedings for an offence under subsection (2), it falls to the court to consider whether the defendant was reasonably mistaken that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 18 years, the court shall consider whether, in all the circumstances of the case, a reasonable person would have concluded that the child had attained the said age.

• (5) The standard of proof required to prove that the defendant was reasonably mistaken that the child had attained the age of 18 years shall be that applicable to civil proceedings.

159. Sponsorship

159. (1) A licensee of a Business to Consumer licence or a licensee of a Business to Business licence shall not sponsor, or cause another person to sponsor—

• (a) an event or part of an event in relation to which the majority of the persons attending the event or competing in the event are children,

• (b) an event aimed at children,

• (c) an organisation, club or team in which children are members,

• (d) a premises that is used by an organisation, club or team referred to in paragraph (c), or

• (e) a public activity that appeals to children.

• (2) A licensee 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.

• (3) In proceedings for an offence under subsection (2), it shall be a defence to show that the defendant made all reasonable efforts to ensure compliance with such provision or provisions of subsection (1) as is or are alleged to have been contravened.

• (4) In this section, “sponsor” means making any form of public or private contribution towards an event or organisation with the aim, or direct or indirect effect, of promoting a gambling activity.

Chapter 4 Obligations on certain Business to Consumer licensees: training, provision of facility for PARTICIPANTS TO SET MONETARY LIMIT AND FORMS OF PAYMENT FOR RELEVANT GAMBLING ACTIVITIES

160. Interpretation (Chapter 4)

160. In this Chapter—

“approved training programme” has the meaning assigned to it by section 162(3);

“relevant post” means a position in the staff of the relevant licensee’s business, the duties of which entail engaging with participants.

161. Application (Chapter 4)

161. This Chapter applies to a licensee of a Business to Consumer gambling licence other than a licensee of a lottery licence for a once-off lottery.

162. Approved training programme

162. (1) The Authority shall set the content to be included and the standards to be met by a training programme for the purposes of satisfying the requirements of section 163 for a relevant post and shall publish the content and standards on its website.

• (2) Without prejudice to the generality of subsection (1), the content of a training programme referred to in that subsection shall include, but not be limited to, material which ensures that a person who successfully completes the programme will—

• (a) be able to recognise the identifying characteristics of excessive or compulsive gambling,

• (b) have a detailed knowledge of gambling support services,

• (c) understand the licensee’s obligations under this Part, and

• (d) be able to assist the licensee in complying with his or her obligations under this Part.

• (3) The Authority shall publish on its website a list of training programmes (each of which, in this Chapter, is referred to as an “approved training programme”) that meet the content and standards referred to in subsection (1).

• (4) The Authority may remove an approved training programme from the list published under subsection (3) where it considers, following a review of the programme, that it no longer meets the content and standards referred to in subsection (1).

• (5) Where, in accordance with subsection (4), an approved training programme is removed and, immediately before the date of its removal, a person is attending the approved training programme, the approved training programme shall, if it continues in operation, be deemed an approved training programme for the purposes of the requirement that that person has completed an approved training programme in accordance with section 163(1).

163. Obligation to ensure approved training programme completed by staff in relevant post

163. (1) A licensee to whom this Chapter applies shall ensure that a member of staff of the licensee who fills a relevant post has completed an approved training programme—

• (a) before the member of staff concerned commences work in the post concerned, and

• (b) at such intervals as the Authority may prescribe.

• (2) A licensee who fails to comply with 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.

164. Obligation to provide facility to enable participant to set monetary limit

164. (1) A licensee to whom this Chapter applies shall provide a participant with a facility which enables a monetary limit to be set on—

• (a) the amount a participant may pay to participate in any individual relevant gambling activity, or

• (b) the total amount a participant may pay to participate in all relevant gambling activities provided by the relevant licensee.

• (2) Where a monetary limit is set by a participant under subsection (1), it shall be set for a period specified by the participant during which period a relevant licensee shall not permit the participant to remove or increase the limit set.

• (3) A licensee shall not, during the period specified by a participant under subsection (2)—

• (a) provide a relevant gambling activity to that participant where participation in the relevant gambling activity means that he or she will exceed the monetary limit he or she has set under subsection (1), or

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

• (4) Where a participant utilises a facility set out in subsection (1), the licensee concerned shall refund to the participant any relevant payment made in excess of the limit referred to in that subsection during the period specified under subsection (2) within 7 days of the limit being so exceeded.

• (5) The Authority may prescribe the means by which a licensee to whom this Chapter applies shall provide the facility referred to in subsection (1).

• (6) A licensee who fails to comply with a provision of this section 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.

165. Obligation in respect of method of payment for relevant gambling activity

165. (1) A licensee to whom this Chapter applies shall not—

• (a) accept payment for a relevant gambling activity by credit card,

• (b) extend a credit facility to a participant, or

• (c) participate in, arrange, permit or knowingly facilitate the giving of credit in connection with a relevant gambling activity.

• (2) The prohibition in subsection (1) includes payment by electronic or digital means which uses money loaded from a credit card.

• (3) In addition to what is provided for in subsection (1), the Authority may, where it is satisfied that a form of payment, a type of customer account scheme or a feature of a customer account scheme may contribute to excessive or compulsive gambling, prescribe—

• (a) the form of payment for a relevant gambling activity as a form that shall not be accepted by a licensee to whom this Chapter applies,

• (b) the type of customer account schemes as a type that a licensee to whom this Chapter applies may not provide for relevant gambling activities, or

• (c) the feature concerned as a feature that a licensee to whom this Chapter applies may not provide in a customer account scheme.

• (4) A licensee who fails to comply with a provision of this section 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.

Chapter 5 Obligations on licensees of remote gambling licences

166. Definition (Chapter 5)

166. In this Chapter, “register of account-holders” has the meaning assigned to it by section 168(1).

167. Obligations before providing relevant gambling activity by remote means

167. (1) Subject to subsection (3), a licensee of a remote gambling licence shall not provide a relevant gambling activity by remote means to a person unless—

• (a) the person has opened a gambling account with the licensee,

• (b) the licensee has made an entry in the register of account-holders in respect of the gambling account, and

• (c) the terms and conditions of the gambling account have been provided to the account-holder in writing.

• (2) Subject to subsection (3), a person may only participate in one or more relevant gambling activities by remote means provided by a licensee of a remote gambling licence where the person is an account-holder with the licensee.

• (3) The Authority may by regulations prohibit, in respect of relevant gambling activities identified in the regulations, a licensee of a remote gambling licence from providing more than one of those activities by remote means to a person unless the person opens a separate gambling account in respect of each such activity.

• (4) A licensee of a remote gambling licence who fails to comply with a provision of this section 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.

168. Obligation to establish and maintain register of account-holders

168. (1) A licensee of a remote gambling licence shall, upon being issued with the licence concerned, cause to be established and maintained, in the form required by the Authority, a register (in this Chapter referred to as a “register of account-holders”) of gambling accounts required to be opened with the licensee in accordance with this Chapter.

• (2) A register of account-holders shall contain the following information in respect of each account—

• (a) the account-holder’s name, address and date of birth,

• (b) how the obligations imposed under sections 172 and 173 have been fulfilled with regard to each account, and

• (c) such information as may be prescribed under subsection (4).

• (3) An entry in the register of account-holders in respect of a gambling account shall be removed if the gambling account concerned is closed pursuant to section 171.

• (4) The Authority may prescribe the information that is to be entered in the register of account-holders in order to enable the verification of compliance with the obligations imposed in this Chapter in connection with gambling accounts.

• (5) A licensee who fails to comply with a provision of this section 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.

169. Application to open gambling account with licensee of remote gambling licence

169. (1) A person who has attained the age of 18 years may apply to a licensee of a remote gambling licence to open a gambling account for the person with the licensee.

• (2) An application referred to in subsection (1) shall be made to a licensee of a remote gambling licence in such form and manner, and be accompanied by such documentation, as may be specified by the Authority.

• (3) A licensee of a remote gambling licence shall not open a gambling account for a person who has made an application to the licensee unless—

• (a) the person has attained the age of 18 years, and

• (b) the licensee concerned has verified, in accordance with the means specified under subsection (4) or prescribed under subsection (5)—

• (i) the identity of the person, and

• (ii) that the person has attained the age of 18 years.

• (4) Subject to subsection (5), a licensee of a remote gambling licence verifies, for the purposes of subsection (3)(b), the identity and age of the person who has made the application concerned where—

• (a) the person provides the licensee with—

• (i) a copy of a document that specifies the name, address and date of birth of the person and contains photo identification of that person, or

• (ii) a copy of a document that specifies the name and date of birth of the person and contains photo identification of that person together with a copy of 2 relevant documents confirming the address of that person,

and

• (b) the licensee is satisfied that the document or documents provided to the licensee in accordance with paragraph (a) relate to that person and confirm that that person has attained the age of 18 years.

• (5) The Authority may prescribe additional means by which a licensee may verify the matters referred to in subsection (3)(b).

• (6) A licensee of a remote gambling licence who fails to comply with subsection (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.

• (7) In this section, “relevant document” means a document issued within the previous 6 months being either a utility bill, an insurance policy or a document issued by the Revenue Commissioners or a Department of State.

170. Requirement to lodge money in gambling account

170. (1) The Authority may make regulations—

• (a) limiting the amount of money that a licensee of a remote gambling licence may require an account-holder to lodge in a gambling account with the licensee, and

• (b) specifying a maximum amount of money that may be lodged by an account holder in a gambling account held with such a licensee during a specified period.

• (2) A licensee of a remote gambling licence who fails to comply with any regulations made under 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.

171. Obligation to close gambling account

171. (1) Subject to subsection (2), a licensee of a remote gambling licence shall close an account-holder’s gambling account with the licensee where the account-holder—

• (a) requests the licensee in writing to do so, or

• (b) does not participate in any relevant gambling activity provided by the licensee concerned by remote means for a period of 13 months.

• (2) Subsection (1)(b) shall not apply in respect of an account-holder entered on the National Gambling Exclusion Register for the duration of the period of such registration.

• (3) Where a licensee closes the gambling account of an account-holder under subsection (1), the licensee shall—

• (a) where the gambling account is closed pursuant to a request under paragraph (a) of that subsection, refund any money in that account to the account-holder, and

• (b) where the gambling account is closed pursuant to paragraph (b) of that subsection, make reasonable efforts to refund any money in that account to the account-holder.

• (4) Where a licensee is unable, having made reasonable efforts, to refund money in a gambling account in accordance with subsection (3)(b), the licensee shall transfer the money to the Authority for the purposes of payment into the Social Impact Fund.

• (5) Where a licensee has transferred money in a gambling account to the Authority under subsection (4) and subsequently a person contacts the licensee claiming to be the account-holder of that account and seeks to either gamble with the money that had been in that account or to obtain a refund of that money, the licensee shall, having satisfied itself that the person was the account-holder concerned—

• (a) direct the person to the Authority for a refund, and

• (b) notify the Authority in writing—

• (i) that it has directed the person to it,

• (ii) that the licensee is satisfied that the person was the account-holder of the gambling account that was closed, and

• (iii) of the date on which the money in the gambling account was transferred to the Authority and the amount transferred.

• (6) A licensee of a remote gambling licence who fails to comply with a provision of this section 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.

172. Obligation to provide copy of terms and conditions of relevant gambling activity provided by remote means

172. (1) Subject to subsection (3), a licensee of a remote gambling licence shall ensure that a person is provided with the terms and conditions of a relevant gambling activity—

• (a) when the person accesses the relevant gambling activity by remote means for the first time, and

• (b) on each occasion after the terms and conditions change, when the person accesses the relevant gambling activity by remote means for the first time after such change.

• (2) A licensee of a remote gambling licence shall ensure that where a person accesses a relevant gambling activity by remote means, the person is able at all times to access the terms and conditions of the relevant gambling activity concerned from the licensee’s website.

• (3) The terms and conditions of a relevant gambling activity shall—

• (a) be worded, in so far as is practicable, in clear and plain language,

• (b) be expressly accepted, the first time and on each occasion referred to in subsection (1)(a) and (b), by the account-holder before a relevant payment is accepted by a licensee from the account-holder in respect of the activity, and

• (c) be made available to the person by electronic means in a manner that enables him or her to store and retrieve the terms and conditions.

• (4) A licensee of a remote gambling licence who fails to comply with a provision of this section 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.

173. Obligation to provide information to account-holder

173. (1) A licensee of a remote gambling licence shall provide an account-holder with the information prescribed by the Authority under subsection (2).

• (2) The Authority shall prescribe the information that a licensee of a remote gambling licence shall provide to an account-holder relating to—

• (a) the recognition of the identifying characteristics of excessive or compulsive gambling and its adverse effects,

• (b) the facilities available to support account-holders to gamble in a manner that avoids excessive or compulsive gambling,

• (c) the facilities available to account-holders to block their access, or the access of a child, or both, to gambling websites or platforms, and

• (d) gambling support services providing information and assistance in respect of excessive or compulsive gambling.

• (3) In addition to providing an account-holder with the information prescribed by the Authority under subsection (2), that information shall be prominently displayed on the home page of the website of a licensee of a remote gambling licence and on each online platform where a relevant gambling activity provided by that licensee by remote means can be accessed.

• (4) A licensee of a remote gambling licence shall cause alerts, at the intervals prescribed by the Authority under subsection (6), to be sent to the account-holder’s account detailing—

• (a) the account-holder’s winnings and losses, and

• (b) the time spent by the account-holder participating in relevant gambling activities through that account.

• (5) A licensee of a remote gambling licence shall, in addition to any alerts that may be sent to an account-holder pursuant to subsection (4), provide the account-holder with imme-diate access, through his or her gambling account, to—

• (a) the amount of money in that account, and

• (b) details of the amounts paid by the account-holder to participate by remote means in each relevant gambling activity provided by the licensee over the period or periods prescribed by the Authority under subsection (6).

• (6) The Authority shall prescribe—

• (a) the intervals at which the alerts referred to in subsection (4) are to be provided, and

• (b) the period or periods referred to in subsection (5)(b).

• (7) A licensee of a remote gambling licence who fails to comply with a provision of this section 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.

174. Protection of children

174. (1) A licensee of a remote gambling licence shall display, or cause to be displayed, a hyperlink to parental control programmes on the home page of the website of the licensee and on each online platform where a relevant gambling activity provided by the licensee by remote means can be accessed.

• (2) A licensee who fails to comply with 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.

175. Obligation not to provide relevant gambling activities by remote means on certain days or at certain times

175. (1) The Authority may, having regard to the desire to reduce, in accordance with public policy, excessive or compulsive gambling and the level of participation in gambling in the State, prescribe days or hours, or both, during which a relevant gambling activity may not be provided by a licensee of a remote gambling licence.

• (2) A licensee of a remote gambling licence shall not provide a relevant gambling activity by remote means during such days, or outside such hours, or both, as are prescribed by the Authority under subsection (1).

• (3) A licensee who contravenes subsection (2) 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.

Chapter 6 Obligations on licensees of in-person gambling licences

176. Obligations in respect of opening hours and use of premises

176. (1) The Authority may, having regard to the desire to reduce, in accordance with public policy, excessive or compulsive gambling and the level of participation in gambling in the State, prescribe days or hours, or both, during which a licensee of an in-person gambling licence may not open a premises in respect of which the licence is held.

• (2) Subsection (1) shall not apply to a betting office during a period the office is permitted to open for business in accordance with regulations made under—

• (a) subsection (1)(b)(iii) of section 32D of the Act of 1958 by reference to subsection (2)(b) of that section, or

• (b) subsection (1)(e)(iii) of section 53 of the Act of 1994 by reference to subsection (2)(b) of that section.

• (3) Subject to subsection (2), a licensee of an in-person gambling licence shall not open a premises in respect of which an in-person gambling licence is held during such days or hours as stand prescribed under subsection (1).

• (4) The Authority may by regulations prohibit the sale, by a licensee of an in-person gambling licence, on premises in respect of which the licence is held, of any matter specified in the regulations where the Authority considers that the sale of the matter on the premises would entice persons to engage in relevant gambling activities.

• (5) A person who contravenes subsection (3) or regulations made under subsection (4) 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.

177. Obligation in relation to children on premises

177. (1) A licensee of an in-person gambling licence shall not permit a child to enter on a premises in which a relevant gambling activity is or may be provided pursuant to the licence concerned unless the licence concerned specifies, in accordance with section 114(2) or 115(3), that children are permitted on the premises.

• (2) A licensee who fails to comply with 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 8 years, or both.

• (3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that he or she was reasonably mistaken that, at the time of the alleged commission of the offence, the child in respect of whom the offence is alleged to have been committed had attained the age of 18 years.

• (4) Where in proceedings for an offence under this section it falls to the court to consider whether the defendant was reasonably mistaken that, at the time of the alleged commission of the offence, the child in respect of whom the offence is alleged to have been committed had attained the age of 18 years, the court shall consider whether, in all the circumstances of the case, a reasonable person would have concluded that the child had attained that age.

• (5) The standard of proof required to prove the defendant was reasonably mistaken that a child had attained the age of 18 years shall be that applicable to civil proceedings.

178. Obligation in relation to withdrawal of cash on premises

178. (1) A licensee of an in-person gambling licence shall not permit an automated teller machine on a premises where a relevant gambling activity is or may be provided pursuant to the gambling licence concerned unless the licence specifies, in accordance with section 114(2) or 115(3), that it is permitted.

• (2) A licensee who fails to comply with 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.

PART 7

Complaints

179. Definition (Part 7)

179. In this Part, “complainant” means a person who makes a complaint under section 180.

180. Complaints about licensees

180. (1) A person may make a complaint to the Authority in relation to an alleged contra-vention by a licensee of a relevant obligation.

• (2) A complaint under subsection (1) shall, subject to subsection (3), be in writing.

• (3) The Authority may, where it considers it appropriate to do so, accept a complaint that is not in writing and where it does so shall, as soon as practicable—

• (a) reduce the complaint to writing, and

• (b) seek confirmation from the person who made the complaint, in such form and manner as the Authority considers appropriate, that the written record of that complaint is a true and accurate record.

• (4) A complaint shall be made to the Authority under subsection (1) not more than 12 months after the date of the alleged contravention concerned.

• (5) The Authority may extend the period referred to in subsection (4) if the Authority is satisfied that it is appropriate and would not cause an injustice to the licensee in respect of whom the complaint concerned is made.

• (6) Where the Authority receives a complaint under subsection (1), it may dismiss the complaint if it considers that the complaint—

• (a) is frivolous or vexatious,

• (b) was not made in good faith, or

• (c) is the same or substantially the same as a complaint which was previously—

• (i) considered by the Authority under this Part,

• (ii) the subject of a notice of non-compliance,

• (iii) the subject of a directed investigation, or

• (iv) the subject of civil proceedings or criminal proceedings in respect of which a final determination of the issues has been made by a court in favour of the licensee concerned.

• (7) The Authority may request a complainant to provide further particulars in writing in respect of the complaint within such reasonable period as is specified by the Authority.

• (8) Where the Authority does not dismiss a complaint under subsection (6), it shall, having considered the complaint and any further particulars received upon request under subsection (7), do one or more of the following:

• (a) where it is of the opinion that a licensee has contravened or is contravening a relevant obligation, proceed in accordance with section 190;

• (b) take such other action in respect of the complaint as the Authority considers appro-priate;

• (c) take no further action in respect of the complaint.

• (9) The Authority shall, as soon as practicable after making a decision to dismiss a complaint under subsection (6) or take any action referred to in subsection (8), give notice in writing to the complainant and to the licensee concerned of the decision and the reasons for that decision.

• (10) Where a complaint made in accordance with this section is withdrawn by the complainant or abandoned for any reason, including by reason of the death of the

complainant, the Authority may proceed as if the complaint had not been withdrawn or abandoned if it is satisfied that there is good and sufficient reason for doing so.

181. Regulations regarding complaints

181. (1) The Authority may make regulations to ensure the effective operation of this Part.

• (2) The Authority shall, in making regulations under this section, have as an objective that the manner in which complaints may be made, and the procedures to be followed by the complainant, the licensee concerned and the Authority are as informal as is consistent with the principles of fair procedures and that undue expense is not incurred by the complainant or the licensee concerned in relation to the complaint.

PART 8

Compliance with and Enforcement of Relevant Obligations of Licensees

Chapter 1 Preliminary and general

182. Interpretation (Part 8)

182. In this Part—

“adjudication” means the process undertaken under Chapter 6 to decide—

• (a) whether there has been a contravention of a relevant obligation by a licensee, and

• (b) where there has been a contravention, whether to impose an administrative sanction (within the meaning of that Chapter) on the licensee concerned in respect of that contravention;

“investigation report” has the meaning assigned to it by section 196(5);

“place” includes—

• (a) a dwelling,

• (b) a building,

• (c) any other premises, and

• (d) a vehicle, vessel, aircraft or any other means of transport;

“relevant equipment” means any electronic, photographic, magnetic, optical or other equipment, including a computer, which may be used for processing or holding relevant material;

“relevant material” means any record or information relating to a gambling activity.

183. Privileged legal material

183. (1) Subject to subsections (2) and (3), nothing in this Part shall compel the disclosure by a person or authorise the taking from a person, of a record which the person is entitled to refuse to produce on the grounds of legal professional privilege (in this section referred to as “privileged legal material”).

• (2) Privileged legal material may be taken from a person referred to in subsection (1) where the material is freely provided by the person.

• (3) Notwithstanding that it is apprehended that a record is privileged legal material, an authorised officer or an adjudication officer, as the case may be, may, in accordance

with this Act, compel the disclosure of the record or take possession of the record provided that the privilege asserted can be maintained (as against the person compelling such disclosure or taking such possession) pending the determination by the High Court of an application made under subsection (4) or (6) as to whether the record is privileged legal material.

• (4) Subject to subsection (5), a person who has compelled the disclosure of a record or taken possession of a record in accordance with subsection (2) shall, on notice to the person who is compelled to disclose, or surrender possession of, the record concerned, apply to the High Court not later than 30 days from the date of the disclosure or the taking of possession for a determination as to whether the record is privileged legal material.

• (5) A person shall not make an application under subsection (4) where, before the application is made, an application has been made under subsection (6).

• (6) A person who, in accordance with subsection (3), is compelled to disclose, or surrender possession of, a record may, on notice to the person who compelled the disclosure or has taken possession of the record concerned, apply to the High Court for a determination as to whether the record is privileged legal material.

• (7) Pending the making of a final determination of an application made under subsection (4) or (6), the High Court may give such directions or make such orders as it considers appropriate including, without prejudice to the generality of the foregoing, in relation to—

• (a) the preservation of the record in a safe and secure place in a manner specified by the High Court,

• (b) the appointment of a person with suitable legal qualifications possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that the court considers to be appropriate for the purpose of—

• (i) examining the record, and

• (ii) preparing a report for the High Court with a view to assisting or facilitating it in the making of a determination as to whether the record is privileged legal material.

• (8) An application under subsection (4) or (6), or any related proceedings under which directions or orders referred to in subsection (7) are sought, may, if the High Court so directs, be heard otherwise than in public.

Chapter 2 Authorised officers

184. Appointment of authorised officers

184. (1) The Authority may appoint in writing such and so many members of its staff, and such and so many other persons who, in the opinion of the Authority, have the expertise or experience necessary, to be authorised officers for the purposes of this Act.

• (2) The Authority may revoke in writing an appointment made by it under subsection (1).

• (3) An authorised officer shall be furnished with a warrant of his or her appointment by the Authority and shall, when exercising a power conferred by this Act, produce the warrant or a copy of the warrant, together with a form of personal identification, for inspection if requested to do so by any person affected.

• (4) The appointment of a person under subsection (1) shall cease where—

• (a) it is revoked under subsection (2),

• (b) it is for a fixed period and the period expires,

• (c) the person was appointed on the basis that he or she was a member of the staff of the Authority, on that person ceasing to be a member of its staff, or

• (d) the person resigns from the appointment.

• (5) Nothing in subsection (4) shall be construed so as to prevent the Authority from reappointing as an authorised officer a person to whom that subsection applied.

• (6) An authorised officer shall be appointed for such period, and subject to such terms (including terms as to remuneration and allowances for expenses (if any)), as 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, determine.

185. Powers of authorised officers

185. (1) For the purposes of this Act, an authorised officer may do any of the following:

• (a) subject to subsection (4), enter, if necessary by the use of reasonable force, at any reasonable time, any place where the authorised officer has reasonable grounds for believing that—

• (i) a gambling activity has taken place, is taking place or is intended to take place,

• (ii) relevant material is being kept, or

• (iii) gambling products are being kept;

• (b) search the place and inspect any relevant material, relevant equipment or gambling products found there;

• (c) require any person at the place to produce to him or her any relevant material which is in that person’s possession or power to procure and to produce the relevant material, where necessary, in a form in which it can be taken away from the place and in which it is, or can be made, legible and comprehensible, and to give to the authorised officer such information as he or she may reasonably require in relation to such relevant material;

• (d) where relevant material is not within a person’s possession or power to procure in accordance with paragraph (c), require the person at the place to state, to the best of that person’s knowledge and belief, where the material is or from whom it may be obtained;

• (e) operate any relevant equipment at the place or cause it to be operated by a person accompanying the authorised officer;

• (f) require any person at the place, who appears to the authorised officer to be in a position to facilitate access to the relevant material stored in any relevant equipment or which can be accessed by the use of that relevant equipment, to give the authorised officer all reasonable assistance in relation to the operation of the relevant equipment or access to the relevant material stored in it, including—

• (i) providing the relevant material to the authorised officer in a form in which the material can be taken away from the place and in which the material is, or can be made, legible and comprehensible,

• (ii) giving to the authorised officer any password necessary to make the relevant material concerned legible and comprehensible, or

• (iii) otherwise enabling the authorised officer to examine the relevant material in a form in which the material is legible and comprehensible;

• (g) make copies of any relevant material (including, in the case of material in a non legible form, a copy of such material in a permanent legible form);

• (h) remove relevant material from the place and retain it for such period as the authorised officer reasonably considers necessary for the purposes of the performance of his or her functions;

• (i) require any person at the place who has relevant material or relevant equipment in his or her possession or power to procure to retain the material or maintain the equipment for such period as the authorised officer reasonably considers necessary;

( j) secure for later inspection, for such period as the authorised officer reasonably considers necessary for the performance of his or her functions—

• (i) any relevant material provided in accordance with paragraph (c) or otherwise found at the place,

• (ii) any relevant equipment or gambling product found at the place, or

• (iii) any such place, or part thereof, in which the authorised officer has reasonable grounds for believing that relevant material, relevant equipment, or gambling products is or are being kept;

• (k) require any person at the place concerned to give the authorised officer such information and assistance as he or she may reasonably require for the purposes of his or her functions under this Act;

• (l) require any person at the place concerned to produce for inspection a gambling licence which is within that person’s possession or power to procure.

• (2) An authorised officer may specify that a requirement under paragraph (c), (d), (k) or (l) of subsection (1) be complied with within such reasonable period as he or she may determine.

• (3) When performing a function under this Act, an authorised officer may, subject to the terms of any warrant issued under section 186, be accompanied by such number of other authorised officers, members of An Garda Síochána or such other competent persons as he or she considers appropriate in the circumstances of the case.

• (4) An authorised officer shall not enter a dwelling, other than—

• (a) with the consent of the occupier, or

• (b) in accordance with a warrant issued under section 186.

• (5) An authorised officer may require a person to provide his or her name and address where the authorised officer has reasonable grounds for believing that—

• (a) the person has committed an offence under this Act, or

• (b) such information is required for the purpose of applying for a warrant under section 186.

• (6) An authorised officer may, for the purposes of carrying out a directed investigation—

• (a) require a person to provide relevant material to the authorised officer where the authorised officer is of the opinion that the person has relevant material in his or her possession or power to procure which is relevant to the directed investigation, and

• (b) where the authorised officer thinks fit, require that person to attend before the authorised officer for the purpose of providing that relevant material.

• (7) A person who is the subject of a requirement under subsection (6) shall comply with the requirement.

• (8) An authorised officer who requires a person under subsection (6) to provide relevant material to the authorised officer shall specify—

• (a) the period within which, or a date and time on which, the person concerned is to comply with the requirement, and

• (b) where the authorised officer thinks fit, the place at which the person shall attend to give the relevant material concerned or to which the person shall send or deliver that material.

• (9) A person required to attend before an authorised officer under subsection (6)(b) shall—

• (a) answer fully and truthfully any question put to the person by the authorised officer, and

• (b) if so required by the authorised officer, answer any such question under oath.

• (10) Where it appears to an authorised officer that a person has failed to comply with a requirement under subsection (1), (6) or (9), the authorised officer may, on notice to that person, and with the consent of the Authority, apply in a summary manner to the District Court for an order under subsection (11).

• (11) The District Court may, where it is satisfied on hearing an application made under subsection (10), that a person has failed to comply with the requirement specified in the application, make an order requiring the person to comply with that requirement within such period as is specified by the Court.

• (12) An application under subsection (10) shall be made to a judge of the District Court for the time being assigned to the District Court District within which the person in respect of whom the application is made resides or carries on any profession, trade or business.

• (13) A statement or admission made by a person pursuant to a requirement under subsection (1), (6) or (9) shall not be admissible as evidence in proceedings against the person for an offence (other than an offence under subsection (15)), and this shall be explained to the person in ordinary language by the authorised officer concerned.

• (14) Where, in the course of exercising a power under this Act, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence relating to the commission of an offence under this Act, the officer may seize and retain it for use in evidence.

• (15) A person is guilty of an offence where he or she—

• (a) withholds, destroys, conceals or refuses to provide relevant equipment or relevant material—

• (i) required for the purposes of a directed investigation,

• (ii) which the person concerned has been required by an authorised officer under this section to produce, or

• (iii) which the person concerned may reasonably expect to be required by an authorised officer under this section to produce,

• (b) in purported compliance with a requirement under this section, gives to an authorised officer relevant material which the person knows to be false or misleading in a material respect,

• (c) fails or refuses to comply with a requirement of an authorised officer under this section, or

• (d) otherwise obstructs or impedes an authorised officer in the performance of his or her functions under this Act.

• (16) A person guilty of an offence under subsection (15) 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.

186. Search warrants

186. (1) Where a judge of the District Court is satisfied, on the sworn information of an authorised officer, that there are reasonable grounds for believing that, at a dwelling—

• (a) a gambling activity has taken place, is taking place or is intended to take place,

• (b) relevant material is being kept, or

• (c) gambling products are being kept,

the judge may issue a warrant authorising the authorised officer accompanied by such other authorised officers, members of An Garda Síochána or such other competent persons as may be necessary, at any time or times within the period of validity of the warrant, on production, if so required, of the warrant, to enter that dwelling, if necessary by the use of reasonable force, and to exercise the powers conferred on an authorised officer by section 185.

• (2) The period of validity of a warrant issued under this section shall be 28 days from the date of its issue but that period of validity may be extended in accordance with subsec- tions (3) and (4).

• (3) An authorised officer may, during the period of validity of a warrant (including such period as previously extended under subsection (4)), apply to a judge of the District Court for an order extending the period of validity of the warrant and such an application shall be grounded upon information on oath laid by the authorised officer stating, by reference to the purpose or purposes for which the warrant was issued, the reasons why the authorised officer considers the extension to be necessary.

• (4) Where, on the making of an application under subsection (3), the judge of the District Court is satisfied that there are reasonable grounds for believing, having regard to that information so laid, that further time is needed so that the purpose or purposes for which the warrant was issued can be fulfilled, the judge may make an order extending the period of validity of the warrant by such period as, in the opinion of the judge, is appropriate and just, and where such an order is made, the judge shall cause the warrant to be suitably endorsed to indicate its extended period of validity.

• (5) Nothing in the preceding subsections prevents a judge of the District Court from issuing, on foot of a fresh application made under subsection (1), a further search warrant under this section in relation to the same dwelling.

187. Data sharing: Act of 1958 and Act of 1994

187. (1) Subject to subsection (2), a relevant person shall, for the purposes of enabling an authorised officer to perform his or her functions under this Act, on being requested in writing by an authorised officer to do so, give the authorised officer a copy of any books, accounts or other documents or records that the relevant person has obtained while performing his or her functions under the Act of 1958 or the Act of 1994, as the case may be.

• (2) Subject to the Data Protection Regulation and the Act of 2018, a relevant person and an authorised officer may, for the purposes set out in subsection (1), process personal data contained in a copy of any books, accounts or other documents or records referred to in that subsection.

• (3) In this section, “a relevant person” means—

• (a) an authorised officer under the Act of 1958,

• (b) an authorised officer under the Act of 1994, or

• (c) an officer of customs and excise performing functions under the Act of 1994.

Chapter 3 Compliance with relevant obligations: general

188. Obligation on licensees to furnish compliance report and information and documentation

188. (1) The Authority shall, by notice in writing and at such intervals as it considers appropriate, request licensees to provide the Authority with a report (in this section referred to as a “compliance report”) for the purposes of enabling the Authority to confirm that licensees have complied or are complying with their relevant obligations.

• (2) A notice under subsection (1) shall specify—

• (a) subject to subsection (3)(a), the information to be provided by licensees in the compliance report, and

• (b) the form and manner in which the report shall be provided.

• (3) The Authority may, for the purposes of subsection (1)—

• (a) by reference to the type of gambling licence held by licensees or the type of relevant gambling activities, or relevant gambling products or relevant gambling related services, provided by licensees, or both, specify different information to be provided by licensees or different intervals at which a report is to be provided by licensees, or both, and

• (b) make a request to licensees under that subsection by reference to the date of issue of a gambling licence to licensees.

• (4) A licensee shall comply with a request under subsection (1) within a period of 14 days of the date of the notice under that subsection or within such further period as may be agreed in writing between the Authority and the licensee concerned.

• (5) Without prejudice to subsection (1), the Authority may at any time, by notice in writing, request a licensee to provide the Authority with information and documentation relating to the licensee’s compliance with a relevant obligation.

• (6) A notice under subsection (5) shall specify—

• (a) the information and documentation to be provided,

• (b) the form and manner in which the information and documentation is to be provided, and

• (c) the period within which the information and documentation are to be provided.

• (7) A licensee shall comply with a request under subsection (5) within the period specified in the notice or within such further period as may be agreed in writing between the Authority and the licensee concerned.

189. Application to District Court to compel production of information and documentation

189. (1) This section is without prejudice to any action the Authority may take under section 190 in relation to a failure of a licensee to comply with a request under section 188.

• (2) The Authority may, on notice to a licensee, apply to the District Court for an order under subsection (3) where it appears to the Authority that the licensee has failed to comply with a request under section 188 within the period specified in a notice under that section or, if applicable, within such further period as has been agreed in writing between the Authority and the licensee concerned under that section.

• (3) The District Court may, on hearing an application under subsection (2), where it is satisfied that the licensee concerned has failed to comply with the request concerned, make an order directing the licensee, within such period as is specified in the order, to comply with the request.

190. Action by Authority in relation to alleged contravention of relevant obligation

190. (1) Where the Authority is of the opinion that a licensee has contravened or is contravening a relevant obligation, the Authority may, having regard to the matters set out in subsection (2)—

• (a) enter into an agreement with the licensee in accordance with section 191,

• (b) proceed to deal with the alleged contravention under Chapter 4, or

• (c) carry out a directed investigation in accordance with Chapter 5.

• (2) In determining whether to proceed in accordance with paragraph (a), (b) or (c) of subsection (1), the Authority shall have regard to the following matters:

• (a) the nature and gravity of the alleged contravention;

• (b) the duration of the alleged contravention;

• (c) whether the objective of the exercise of the power is primarily to deter others;

• (d) whether the objective of the exercise of the power is primarily to achieve compliance;

• (e) the damage which may be caused by the alleged contravention;

• (f) how easily such damage may be repaired;

• (g) any gain made or loss avoided by the licensee or any connected person through the alleged contravention;

• (h) any previous notice of non-compliance issued to the licensee, any previous condition, suspension or revocation of a licence of that licensee under that Chapter, any sanction imposed on the licensee previously under Chapter 6 and any conviction of the licensee for an offence under this Act.

• (3) In this section—

“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabit- ants Act 2010;

“civil partner” has the same meaning as it has in the Act of 2010;

“cohabitant” means a cohabitant within the meaning of section 172(1) of the Act of 2010;

“connected person” means, in relation to a person—

• (a) a connected relative of the person,

• (b) a company or other body corporate of which the person is a member or a connected relative of the person, or a nominee of either of them, is a member,

• (c) a partnership in which the person or a connected relative of the person is a partner, or

• (d) an employer of the person or of a connected relative of the person;

“connected relative” means, in relation to a person—

• (a) the person’s spouse or the civil partner or cohabitant of the person, or

• (b) a parent, brother, sister or child of—

• (i) the person, or

• (ii) the person’s spouse or the civil partner or cohabitant of the person;

“nominee” means a person named to act as the agent or representative of another person.

191. Power of Authority to enter agreement with a licensee in respect of alleged contravention of relevant obligation

191. (1) The Authority may, in accordance with section 190(1)(a) or 197(2)(d), enter into an agreement in writing with a licensee setting out the steps which the licensee agrees to take, and the period within which those steps shall be taken, to comply with a relevant obligation.

• (2) Where a licensee fails to comply with an agreement referred to in subsection (1), the Circuit Court may, on application to it by the Authority, make an order directing the licensee to comply with the agreement.

Chapter 4 Notice of non-compliance

192. Notice to licensee: contravention of relevant obligation

192. Where the Authority has made a decision under section 190(1)(b), the Authority may, by notice in writing to the licensee—

• (a) specify the relevant obligation in respect of which the decision is made,

• (b) require the licensee to comply with the relevant obligation,

• (c) invite the licensee, where that licensee is of the view that there has been or is no contravention of a relevant obligation, to set out the reasons for that view within the period specified in the notice,

• (d) state that a notice of non-compliance shall issue where the licensee—

• (i) has contravened or is contravening the relevant obligation, or

• (ii) fails to give reasons, satisfactory to the Authority, within the period specified in the notice, as to why the licensee is of the view that there has been or is no contravention of the relevant obligation,

and

• (e) state the terms of section 193(2)(b) and (4).

193. Notice of non-compliance

193. (1) The Authority shall issue a notice (in this Act referred to as a “notice of non compliance”) to a licensee where—

• (a) a notice has issued to the licensee under section 192 or the Authority has made a decision under section 197(2)(c), and

• (b) it is satisfied that the licensee has contravened or is contravening the relevant obligation the subject of that notice or decision.

• (2) A notice of non-compliance shall—

• (a) state that the Authority is satisfied that the licensee has contravened or is contravening a relevant obligation and state the reasons for being so satisfied,

• (b) where the Authority considers that the contravention referred to in paragraph (a) so merits—

• (i) contain an advice, caution, warning or reprimand to the licensee concerned in respect of that contravention, or

• (ii) specify one or more than one condition, to address and mitigate that contravention, that will apply to the gambling licence to which that contravention relates,

• (c) state that the licensee is entitled to appeal, in accordance with Part 9, against the finding of the Authority that the licensee has contravened or is contravening a relevant obligation and, where paragraph (b) applies, against the advice, caution, warning or reprimand or any condition specified, as the case may be, and

• (d) state the period within which such an appeal may be brought in accordance with Part 9.

• (3) A condition specified under subsection (2)(b)(ii) shall take effect—

• (a) where the period for bringing an appeal under Part 9 against the decision to impose a condition has expired and no appeal has been made, on the expiration of that period, or

• (b) where an appeal has been made in accordance with Part 9, when the appeal in relation to the imposition of the condition has not been allowed.

• (4) The Authority may, where a notice of non-compliance does not contain an advice, caution, warning, reprimand or condition referred to in subsection (2)(b), apply to the Circuit

Court under section 194 for suspension or revocation of the gambling licence to which the contravention relates, on the later of the following—

• (a) where the period for bringing an appeal against the notice of compliance referred to in subsection (2)(d) has expired and no appeal has been made, on the expiration of that period, or

• (b) where an appeal has been made in accordance with Part 9, after the appeal has not been allowed.

194. Suspension or revocation of licence following notice of non-compliance

194. (1) The Authority may, in accordance with section 193(4), apply to the Circuit Court for an order that the licensee’s gambling licence, to which the contravention referred to in the notice of non-compliance relates,—

• (a) be suspended, or

• (b) be revoked.

• (2) An application to the Circuit Court under subsection (1) shall be brought—

• (a) where the licensee resides in the State, in the circuit where the licensee ordinarily resides or carries on a profession, trade or business, and

• (b) in all other cases, to the Dublin Circuit Court.

• (3) An application under subsection (1) shall be on notice to the licensee concerned and the licensee shall be entitled to appear, be heard and adduce evidence at the hearing of the application.

• (4) The Circuit Court may, having regard to the nature of the relevant obligation and the circumstances in which the notice of non-compliance was issued—

• (a) grant the application and direct the Authority to—

• (i) suspend the gambling licence concerned for such period as is specified in the order, or

• (ii) revoke the gambling licence concerned,

or

• (b) refuse the application.

Chapter 5 Directed investigation

195. Power to direct investigation

195. (1) Where the Authority makes a decision under section 190(1)(c), it may direct an authorised officer to carry out an investigation (in this Act referred to as a “directed investigation”) to ascertain whether a licensee has contravened or is contravening a relevant obligation.

• (2) The Authority may define the scope and terms of the directed investigation, whether as respects the matters under consideration or the period to which the directed invest-igation is to extend or otherwise and may, in particular, limit the directed investigation to matters connected to particular circumstances.

• (3) The Authority may, at any stage prior to the completion of a directed investigation, amend the scope and terms of that investigation.

196. Report of authorised officer

196. (1) As soon as is practicable after completing a directed investigation, an authorised officer shall prepare a draft report of the directed investigation.

• (2) The draft report of the directed investigation shall include—

• (a) the scope and terms of the directed investigation as defined under subsection (2) of section 195 or, if applicable, as amended under subsection (3) of that section,

• (b) the steps taken by the authorised officer as part of the directed investigation,

• (c) any findings made by the authorised officer in relation to the directed investigation, and

• (d) details of any failure by the licensee concerned to co-operate with the authorised officer during the directed investigation.

• (3) An authorised officer shall, as soon as is practicable after preparing the draft report of the directed investigation, give the licensee concerned—

• (a) a copy of the draft report, and

• (b) a notice in writing stating that the licensee may, within the period of 14 days from the date specified in the notice, make submissions in writing to the authorised officer in relation to the draft report.

• (4) An authorised officer may, on the request of the licensee concerned, agree in writing to extend the period within which the licensee may make submissions under subsection (3)(b).

• (5) The authorised officer shall, as soon as is practicable after the expiration of the period referred to in subsection (3)(b), or where the period is extended under subsection (4), that period as so extended, and having considered the submissions (if any) made within that period, make such revisions (if any) to the draft report of the directed investigation that, in the opinion of the authorised officer, are warranted, and prepare a final report (in this Part referred to as the “investigation report”).

• (6) An authorised officer shall not make any recommendation, or express any opinion, in a draft report under subsection (1) or in an investigation report on any action the Authority should take under section 197.

• (7) An authorised officer shall, as soon as is practicable after the preparation of the investigation report, provide a copy of—

• (a) the investigation report to the licensee concerned, and

• (b) the investigation report and any submissions made under subsection (3)(b) to the Authority.

197. Action by Authority after consideration of investigation report

197. (1) The Authority shall, as soon as practicable after the provision of the investigation report and any submissions under section 196(7)(b), consider the report and submissions.

• (2) The Authority may, following its consideration of the investigation report and any submissions under subsection (1), decide—

• (a) where it considers it necessary, to direct an authorised officer to conduct a further directed investigation in accordance with this Chapter,

• (b) to refer the investigation report to the chief adjudication officer for the purposes of conducting an adjudication,

• (c) to proceed to deal with the matter by way of a notice of non-compliance,

• (d) to enter into an agreement with the licensee concerned under section 191, or

• (e) to take no further action.

Chapter 6

Adjudication and decisions on adjudication

198. Definitions (Chapter 6)

198. In this Chapter—

“administrative sanction” means, subject to section 201, one or more of the following:

• (a) a financial penalty;

• (b) the suspension of the gambling licence in relation to which a contravention of a relevant obligation has occurred;

• (c) the revocation of the gambling licence in relation to which a contravention of a relevant obligation has occurred;

• (d) the imposition of a condition on the gambling licence in relation to which a contra-vention of a relevant obligation has occurred;

“appropriate court” means—