GAMBLING REGULATION ACT 2024

• (a) where no financial penalty is imposed under section 203(12) or where the amount of a penalty imposed does not exceed €75,000 or such other sum as stands specified in law as that court’s jurisdiction in tort, the Circuit Court, or

• (b) in any other case, the High Court;

“decision as to contravention” has the meaning assigned to it in section 203(4);

“oral hearing” shall be construed in accordance with section 211;

“proceedings before an adjudication officer” means any process, including an oral hearing, by which an adjudication officer considers submissions, information, documentation, records or other evidence provided to the officer for the purpose of an adjudication under this Chapter.

199. Adjudication by adjudication officers or panel

199. (1) Subject to subsection (2), where an investigation report is referred by the Authority under section 197(2)(b), the chief adjudication officer shall assign an adjudication officer to conduct an adjudication in relation to the alleged contravention of a relevant obligation to which that investigation report relates.

• (2) The chief adjudication officer may direct that adjudication officers sit as a panel to perform an adjudication, in an uneven number of 3 or more, and where he or she so directs, a reference in this Act to an adjudication officer shall be construed as a reference to a panel of adjudication officers.

• (3) The chief adjudication officer shall determine the procedures to apply where a panel of adjudication officers is conducting an adjudication.

200. Imposition of financial penalty and criminal proceedings

200. Where a financial penalty is imposed on a licensee in accordance with this Chapter in respect of a contravention of a relevant obligation and the contravention of the relevant obligation is an offence under a law of the State, the licensee concerned is not liable to be prosecuted or punished for the offence under that law.

201. Administrative sanction: suspension or revocation of gambling licence or imposition of condition on gambling licence

201. In imposing an administrative sanction, an adjudication officer under subsection (12), (14) or (15) of section 203, an appropriate court under paragraph (b)(iii) or paragraph (c)(iii) of section 207(7) or the Circuit Court under section 208(7)(c) may, where the

adjudication officer or the court, as the case may be, is of the view that the contravention of a relevant obligation by a licensee is sufficiently serious, suspend or revoke or impose a condition on—

• (a) the gambling licence in relation to which a contravention of a relevant obligation has occurred, and

• (b) any other gambling licence, not being the gambling licence referred to in paragraph (a), held by the licensee.

202. Action by adjudication officer after assignment to conduct adjudication

202. (1) An adjudication officer to whom an adjudication is assigned under section 199(1) shall, as soon as practicable after such assignment, give the licensee concerned—

• (a) a copy of this section, and

• (b) a notice in writing stating that the licensee may make submissions in writing, within the period specified in the notice, to the adjudication officer on the investigation report to which that adjudication relates.

• (2) Submissions may be made under paragraph (b) of subsection (1) within the period specified in the notice given under that paragraph or within such further period, not exceeding 15 days, as the adjudication officer may agree in writing with the licensee concerned.

• (3) An adjudication officer may, where he or she considers necessary or appropriate for the purposes of resolving an issue of fact or otherwise enabling the adjudication officer to make a decision under section 203(1) or to impose an administrative sanction under section 203(12), do any of the following:

• (a) issue a direction under section 210;

• (b) request, by notice in writing, from either the licensee or the Authority, or both, further information or documentation, or both, to be provided within such period as is specified in the notice;

• (c) request, by notice in writing, from any other person (not being the licensee or the Authority) information or documentation, or both, to be provided within such period as is specified in the notice, and the adjudication officer may, where necessary for the purposes of the request, provide, with due regard for commercial confidentiality, a copy of the investigation report to that other person;

• (d) conduct an oral hearing.

• (4) As soon as practicable after making a request under subsection (3)(c), the adjudication officer shall, with due regard for commercial confidentiality, give to the Authority and the licensee concerned a copy of the request.

• (5) As soon as practicable after receiving information or documentation pursuant to a request under subsection (3)(c), the adjudication officer shall, with due regard for commercial confidentiality, give the Authority and the licensee concerned—

• (a) a copy of the information or documentation or, where by reason of commercial confidentiality such information or documentation cannot be provided in full, a summary of such information or documentation received from the person to whom the request was made, and

• (b) a notice in writing stating that the Authority and the licensee may make submissions in writing, within the period specified in the notice, to the adjudication officer on the information or documentation.

• (6) Submissions may be made under paragraph (b) of subsection (5) within the period specified in the notice given under that paragraph or within such further period, not exceeding 10 days, as the adjudication officer may agree in writing with the Authority or licensee, as the case may be.

• (7) A person who receives a copy of an investigation report under subsection (3)(c) shall not, without the prior consent in writing of the adjudication officer concerned, disclose the existence or the content of the investigation report to any other person.

• (8) A person who contravenes subsection (7) 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.

203. Decision as to contravention and imposition of administrative sanction

203. (1) Subject to subsection (13), an adjudication officer shall decide whether, on the balance of probabilities, a licensee has contravened or is contravening a relevant obligation having considered—

• (a) the investigation report and submissions (if any) made by the licensee in accordance with section 202(2),

• (b) any further information or documentation provided by a licensee or the Authority pursuant to a request for further information under section 202(3)(b),

• (c) any information or documentation provided by a person pursuant to a request for information under section 202(3)(c) and any submissions made by the Authority or the licensee in accordance with section 202(6), and

• (d) any submissions, information, documentation, records or other evidence provided in proceedings before an adjudication officer.

• (2) Where an adjudication officer makes a decision under subsection (1) that a licensee has not contravened or is not contravening a relevant obligation, the adjudication officer shall, as soon as practicable after making the decision, send the Authority a copy of that decision.

• (3) The Authority shall, as soon as practicable after receiving a copy of a decision referred to in subsection (2), give notice in writing of the decision to the licensee concerned.

• (4) Where an adjudication officer makes a decision (in this Chapter referred to as a “decision as to contravention”) under subsection (1) that a licensee has contravened or is contra-vening a relevant obligation, the adjudication officer shall—

• (a) where he or she is not imposing an administrative sanction under subsection (12) in respect of a decision as to contravention, by notice in writing inform the Authority of the decision as to contravention, the reasons for that decision and that he or she is not imposing an administrative sanction, or

• (b) where he or she proposes to impose an administrative sanction under subsection (12) in respect of a decision as to contravention, send a notice in accordance with subsection (7).

• (5) Where subsection (4)(a) applies, the Authority shall send a copy of the notice under that subsection to the licensee concerned within 7 days of receipt of the notice and shall, at the same time, by notice in writing—

• (a) require the licensee to comply with the relevant obligation in respect of which the decision as to contravention relates,

• (b) state that the licensee is entitled to appeal, in accordance with section 207, against the decision as to contravention and state the period within which such an appeal may be made in accordance with that section, and

• (c) state that where the licensee does not bring an appeal under section 207, the Authority shall, as soon as is practicable after the expiration of the period for making an appeal under that section, make an application under section 208 in a summary manner for confirmation of the decision as to contravention.

• (6) The Authority shall, in accordance with subsection (5)(c), where no appeal is made by the licensee concerned under section 207 within the period allowed for making the appeal, apply to the Circuit Court under section 208 for confirmation of the decision as to contravention.

• (7) Where subsection (4)(b) applies, the adjudication officer shall send a notice in writing to the Authority and the licensee concerned—

• (a) informing the Authority and the licensee of the adjudication officer’s decision as to contravention and the reasons for that decision,

• (b) stating the intention of the adjudication officer to impose an administrative sanction under subsection (12) and the sanction proposed, and, where the sanction proposed is a financial penalty, the amount of the financial penalty proposed, and

• (c) stating that—

• (i) the Authority may make submissions in writing to the adjudication officer, within the period specified in the notice, in relation to the administrative sanction and, where applicable, on the amount of the financial penalty and the factors to be taken into account in determining the amount of the penalty in accordance with section 206, and

• (ii) the licensee may make submissions in writing in accordance with subsection (10).

• (8) Submissions may be made by the Authority under subsection (7)(c)(i) within the period specified in the notice under that subsection or, where the adjudication officer is satisfied there are good reasons to do so, within such further period, not exceeding 10 days, as he or she may agree in writing with the Authority.

• (9) An adjudication officer shall give the licensee concerned a copy of any submissions made by the Authority in accordance with subsection (8).

• (10) An adjudication officer shall, by notice in writing, state that the licensee concerned may, within the period specified in the notice, make submissions in writing to the adju-dication officer—

• (a) where no submissions are received from the Authority in accordance with subsection (8), in relation to the matters referred to in subsection (7)(c), or

• (b) where submissions are received from the Authority in accordance with subsection (8), in relation to the matters referred to in subsection (7)(c) and those submissions.

• (11) Submissions may be made by a licensee under subsection (10) within the period specified in the notice under that subsection or, where the adjudication officer is satisfied there are good reasons to do so, within such further period, not exceeding 10 days, as he or she may agree in writing with the licensee concerned.

• (12) Subject to subsection (13), where an adjudication officer makes a decision as to contravention, he or she may impose an administrative sanction—

• (a) having considered the matters referred to in paragraphs (a) to (d) of subsection (1) and any submissions made in accordance with subsections (8) and (11) by the Authority and the licensee concerned, and

• (b) where the sanction being imposed is a financial penalty, in accordance with section 206.

• (13) A decision as to contravention and an administrative sanction in relation to that contravention shall take effect in accordance with section 205.

• (14) Where an appropriate court remits an administrative sanction under section 207(7)(b)(iv), or on the remittal of an administrative sanction only by an appropriate court under section 207(7)(c)(iv) or the Circuit Court under section 208(7)(d), an adjudication officer shall reconsider the administrative sanction and may, following such reconsideration in accordance with any directions of the court concerned, impose a different administrative sanction or no administrative sanction.

• (15) Where an appropriate court or the Circuit Court remits both the decision as to contravention and the administrative sanction under section 207(7)(c)(iv) or 208(7)(d), as the case may be, an adjudication officer shall reconsider both the decision and sanction concerned and may, following such reconsideration in accordance with any directions of the court concerned—

• (a) set aside the decision as to contravention and the sanction concerned, or

• (b) confirm the decision as to contravention and either confirm the sanction or impose a different administrative sanction or no administrative sanction.

• (16) An adjudication officer shall, as soon as practicable after he or she has made a decision under subsection (14) or (15), as the case may be, notify the Authority and the licensee concerned in writing of the decision, the reasons for the decision and specify the date from which the decision shall take effect.

204. Notice of administrative sanction

204. (1) An adjudication officer shall, as soon as practicable after he or she imposes an administrative sanction under section 203(12), send the Authority a notice of the administrative sanction concerned including, where the administrative sanction is a financial penalty, the amount of the financial penalty being imposed.

• (2) The Authority shall send a copy of the notice of the administrative sanction referred to in subsection (1) to the licensee concerned within 7 days of receipt of the notice and shall, at the same time, by notice in writing state that—

• (a) the licensee is required to comply with the relevant obligation in respect of which the decision as to contravention and that sanction relate,

• (b) the licensee is entitled to appeal, in accordance with section 207, against the decision as to contravention and the administrative sanction or against the administrative sanction only and state the period within which such an appeal may be made in accordance with that section, and

• (c) where the licensee does not make an appeal under section 207, the Authority shall, as soon as is practicable after the expiration of the period for making the appeal under that section, make an application under section 208 in a summary manner for confirmation of the decision as to contravention and the administrative sanction.

• (3) The Authority shall, in accordance with subsection (2)(c), where no appeal is made by the licensee concerned under section 207 within the period allowed for making the appeal, apply to the Circuit Court under section 208 for confirmation of the decision as to contravention and the administrative sanction.

205. Taking effect of decision as to contravention and taking effect of administrative sanction

205. (1) A decision as to contravention shall take effect—

• (a) where an appeal against the decision is taken under section 207, when the decision is upheld on appeal,

• (b) when the decision is confirmed by the Circuit Court in accordance with section 208, or

• (c) where the decision, having been remitted to an adjudication officer for reconsideration, is confirmed by the officer under subsection (15)(b) of section 203, on the date specified in the notice under subsection (16) of that section.

• (2) An administrative sanction shall take effect—

• (a) where an appeal is taken under section 207—

• (i) when the sanction is confirmed on appeal by the appropriate court under subsection (7)(b)(i) or (7)(c)(i) of that section or when a different administrative sanction is imposed by the appropriate court under subsection (7)(b)(iii) or (7)(c)(iii) of that section, or

• (ii) where the appropriate court on appeal remits the sanction to an adjudication officer and the sanction is confirmed by the officer under subsection (15)(b) of section 203 or a different administrative sanction is imposed by the officer under subsection (14) or (15)(b) of that section, on the date specified in the notice under subsection (16) of that section,

or

• (b) where an application is made to the Circuit Court under section 208—

• (i) when the sanction is confirmed by the Court under subsection (5) of that section or when a different administrative sanction is imposed by the Court under subsection (7)(c) of that section, or

• (ii) where the Court remits the sanction to an adjudication officer and the sanction is confirmed by the officer under subsection (15)(b) of section 203 or a different administrative sanction is imposed by the officer under subsection (14) or (15)(b) of that section, on the date specified in the notice under subsection (16) of that section.

• (3) Where an administrative sanction takes effect in accordance with subsection (2), the sanction may be enforced by the Authority without the need for any further judgment of a court.

• (4) The Authority may recover, as a simple contract debt in any court of competent jurisdic-tion, any amount due and owing by a licensee as a financial penalty which has taken effect as an administrative sanction in accordance with subsection (2).

• (5) Where a licensee fails to comply with an administrative sanction that has taken effect in accordance with subsection (2), the High Court may, on an application to it by the Authority in that behalf—

• (a) compel compliance with the administrative sanction imposed, and

• (b) grant such injunctive relief (if any) that the Court considers necessary.

• (6) The High Court may not require the Authority to give an undertaking as to damages as a condition of granting any injunctive relief under subsection (5)(b).

206. Limitations on amount of financial penalty imposed as administrative sanction

206. (1) The amount of a financial penalty imposed as an administrative sanction on a licensee under this Chapter shall not exceed €20,000,000, or if greater, 10 per cent of the turnover of the licensee in the financial year preceding the date of the decision as to contravention or in any year in which the act or acts occasioning the administrative sanction occurred.

• (2) Regard shall be had to the following matters in determining the amount of the financial penalty to be imposed:

• (a) the nature, gravity and duration of the contravention;

• (b) the degree of harm to particular people, to consumers or to the public caused as a result of the contravention;

• (c) the extent of any failure by the licensee to co-operate with the Authority, an authorised officer or an adjudication officer in the performance of their functions under this Part in so far as it relates to the contravention concerned, provided that acknowledgement of a contravention shall not, of itself, constitute grounds for reduction of the financial penalty;

• (d) any gain (financial or otherwise) made, or any loss (financial or otherwise) avoided, by the licensee concerned or by any person in which that licensee has a pecuniary or beneficial interest, as a consequence of the contravention;

• (e) whether a previous decision as to contravention and, where applicable, a previous administrative sanction, has taken effect, in accordance with section 205, in relation to the same licensee;

• (f) the nature, extent and timeliness of any steps taken by the licensee to bring the contravention to an end and any steps taken by the licensee to remedy the consequences of the contravention;

• (g) the absence, the ineffectiveness or the repeated failure of internal mechanisms or procedures of the licensee intended to prevent such a contravention;

• (h) the extent to which the contravention was contributed to by the act or omission of a third party, and the extent to which the licensee took steps to identify, and mitigate the effect of, the act or omission;

• (i) the extent to which the contravention was contributed to by circumstances beyond the control of the licensee, and the extent to which the licensee took steps to identify, and mitigate the effect of, those circumstances;

( j) where applicable, the extent to which a relevant officer or beneficial owner of the licensee knew, or ought to have known, that the contravention was occurring or would occur;

• (k) the turnover of the licensee in the financial year or years during which the contraven-tion occurred and the ability of the licensee to pay a financial penalty;

• (l) the amount of a financial penalty imposed, which came into effect in accordance with section 205, on any other licensee in respect of a similar contravention;

• (m) any specific factors, criteria or methodology as may be prescribed by the Minister for the purposes of this subsection.

• (3) The amount of a financial penalty imposed shall—

• (a) be proportionate to the nature of the contravention,

• (b) act as a sufficient incentive to ensure future compliance by the licensee, and other licensees, with relevant obligations, and

• (c) be set with a view to deterring the licensee, and other licensees, from contravening relevant obligations.

• (4) The amount of a financial penalty imposed as an administrative sanction shall not—

• (a) in the case of an individual, be such as would be likely to cause the individual to be unable to pay his or her debts as they fall due, or

• (b) in the case of a licensee that is not an individual, be such as would be likely to cause the licensee to cease trading.

• (5) The Minister may prescribe specific factors, criteria or methodology relevant to the determination of the amount of the financial penalty for the purposes of subsection (2).

207. Appeal against decision as to contravention and imposition of administrative sanction

207. (1) A decision as to contravention or, where applicable, the imposition of an adminis-trative sanction, or both, shall not be challenged, including as to its validity, other than by an appeal under this section.

• (2) A licensee to whom a decision as to contravention relates may appeal to the appropriate court—

• (a) where no administrative sanction is imposed in respect of a decision as to contraven-tion, against the decision as to contravention, or

• (b) where an administrative sanction is imposed in respect of a decision as to contraven-tion—

• (i) against the imposition of an administrative sanction, including the type of adminis-trative sanction imposed, or

• (ii) against both the decision as to contravention and the imposition of an administrat-ive sanction, including against the type of administrative sanction imposed.

• (3) Subject to subsection (4), an appeal under subsection (2) may be made to the appropriate court—

• (a) under subsection (2)(a), within 28 days from the date on which the notice in writing under section 203(5) is sent to the licensee concerned, or

• (b) under subsection (2)(b), within 28 days from the date on which the notice in writing under section 204(2) is sent to the licensee concerned.

• (4) The appropriate court may, on the application of a licensee to whom a decision as to contravention relates, extend the period referred to in subsection (3) for the making of an appeal under subsection (2) where it is satisfied that—

• (a) there is good and sufficient reason for doing so,

• (b) the circumstances that resulted in the failure to bring an appeal within that period were outside the control of the licensee, and

• (c) where an application has been made under section 208 for confirmation of the decision as to contravention or, where applicable, the imposition of an administrative sanction, that application has not been finally determined.

• (5) An appeal under subsection (2) may be made on either or both of the following grounds:

• (a) a ground that could, but for subsection (1), be relied upon by the licensee in an application seeking judicial review of the adjudication officer’s decision;

• (b) in so far as it is not a ground referred to in paragraph (a), the ground that an administrative sanction imposed is disproportionate.

• (6) In considering an appeal under subsection (2), the appropriate court may, where it considers it necessary for the fair and proper determination of the appeal, consider—

• (a) information or documentation provided by the Authority, the licensee or any person under paragraph (b) or (c) of section 202(3), and

• (b) any evidence adduced or submission made by the Authority or by the licensee concerned, whether or not already adduced or made to the adjudication officer.

• (7) Subject to subsection (8) and section 206 and having regard to section 201, the appro-priate court may, on the hearing of an appeal under subsection (2)—

• (a) where subsection (2)(a) applies—

• (i) confirm the decision, or

• (ii) set aside the decision,

• (b) where subsection (2)(b)(i) applies—

• (i) confirm the administrative sanction,

• (ii) set aside the administrative sanction,

• (iii) set aside the administrative sanction, and replace it with such other administrative sanction as the court considers just and appropriate to impose, including in the case of a financial penalty, the imposition of a different financial penalty, or

• (iv) remit the administrative sanction for reconsideration by an adjudication officer, subject to such directions as the court considers appropriate,

or

• (c) where subsection (2)(b)(ii) applies—

• (i) confirm both the decision as to contravention and the administrative sanction,

• (ii) confirm the decision as to contravention and set aside the administrative sanction,

• (iii) confirm the decision as to contravention and set aside the administrative sanction and replace it with such other administrative sanction as the court considers it just and appropriate to impose, including, in the case of a financial penalty, the imposition of a different financial penalty,

• (iv) remit either or both the decision as to contravention and the administrative sanction for reconsideration by an adjudication officer, subject to such directions as the court considers appropriate, or

• (v) set aside both the decision as to contravention and the administrative sanction.

• (8) A decision as to contravention or the imposition of an administrative sanction may not be set aside or remitted by the appropriate court under subparagraph (ii) of paragraph (a), subparagraphs (ii), (iii) or (iv) of paragraph (b) or subparagraphs (ii), (iii), (iv) or (v) of paragraph (c) of subsection (7) for error of law or fact unless the appropriate court is satisfied that the officer concerned committed a serious and significant error in making the decision, or that the officer committed a series of minor errors which, when taken together, amount to a serious and significant error.

• (9) The appropriate court may make such interim or interlocutory orders in appeal proceedings under this section as it considers appropriate.

• (10) The appropriate court may direct how the costs of an appeal under subsection (2) are to be borne.

• (11) Where an appeal under subsection (2) is withdrawn or abandoned by a licensee, or struck out by the appropriate court, the Authority shall make an application under section 208.

208. Circuit Court confirmation of decision as to contravention and administrative sanction

208. (1) The Authority shall, on notice to the licensee to whom a decision as to contravention relates, make an application in a summary manner to the Circuit Court for confirmation of—

• (a) where no administrative sanction is imposed, the decision as to contravention, or

• (b) where an administrative sanction is imposed, the decision as to contravention and the administrative sanction.

• (2) The Authority shall make an application under subsection (1) where—

• (a) the licensee does not appeal against the decision within the period specified in section 207(3), or

• (b) an appeal is withdrawn, abandoned or struck out, as the case may be, as referred to in section 207(11).

• (3) An application under subsection (1) shall be made by the Authority as soon as practicable after the expiration of the period specified in section 207(3) for bringing an appeal or after the appeal is withdrawn, abandoned or struck out, as the case may be, as referred to in section 207(11).

• (4) A licensee may, as soon as practicable after receiving notice of the application under subsection (1), inform the Authority in writing that the licensee does not intend to appear at, or make submissions at, the hearing of the application and where the licensee does so, the application and any remaining steps in such application may be made ex parte.

• (5) On the hearing of an application under subsection (1), the Circuit Court shall, where paragraph (a) of that subsection applies, confirm the decision as to contravention, or where paragraph (b) of that subsection applies, confirm the decision as to sanction and the administrative sanction, unless it is satisfied, on the basis of the evidence that was before the adjudication officer when making the decision or imposing the sanction—

• (a) that the officer made an error of law which is—

• (i) manifest from the decision, and

• (ii) fundamental so as to deprive the decision of its basis,

• (b) that the administrative sanction is manifestly disproportionate, or

• (c) where the administrative sanction is a financial penalty, that the financial penalty is manifestly disproportionate having regard to section 206.

• (6) Where the Circuit Court does not, under subsection (5), confirm a decision as to contravention, the Court shall set the decision aside.

• (7) Where the Circuit Court does not, under subsection (5), confirm the decision as to contravention and the administrative sanction, it may, subject to section 206 and having regard to section 201—

• (a) set aside the decision as to contravention and the administrative sanction,

• (b) confirm the decision as to contravention and set aside the administrative sanction,

• (c) confirm the decision as to contravention and set aside the administrative sanction and replace it with such other administrative sanction as the Circuit Court considers just and appropriate, including in the case of a financial penalty replace it with a different financial penalty, or

• (d) remit the decision as to contravention or, where applicable, the administrative sanction, or both, for reconsideration by an adjudication officer, subject to such directions as it considers appropriate.

• (8) Where an application to extend the period for the making of an appeal against a decision as to contravention is made under section 207(4), the Circuit Court shall make an order staying proceedings in relation to an application under subsection (1) until the appropriate court has made a decision under section 207(4) in relation to the extension sought.

• (9) Where the appropriate court makes an order under section 207(4) extending the period for the making of an appeal under that section, the Circuit Court shall continue the stay on proceedings in relation to an application under this section until—

• (a) where the appeal is brought under section 207 within the extended period, either—

• (i) the appropriate court has made a decision on the appeal under section 207(7), or

• (ii) the appeal is withdrawn, abandoned or struck out,

or

• (b) where the appeal is not brought under section 207 within the extended period, until that period as so extended expires.

• (10) Where subsection (9)(a)(i) applies, the Circuit Court shall make an order striking out the application of the Authority under subsection (1).

• (11) The Circuit Court may make such interim or interlocutory orders as it considers appropriate in any proceedings in relation to an application under subsection (1).

• (12) The Circuit Court may direct how the costs of an application under subsection (1) are to be borne having regard to any communication of the licensee concerned to the Authority under subsection (4).

209. Reference on point of law to High Court

209. (1) An adjudication officer may, at any time before making a decision under section 203(1) or imposing an administrative sanction under section 203(12), refer any question of law to the High Court.

• (2) Subject to subsection (3), no appeal shall lie to the Court of Appeal from a decision of the High Court on a reference under subsection (1).

• (3) The High Court may grant leave to appeal its decision on a reference under subsection (1) where it certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Court of Appeal.

210. Power of adjudication officer to issue direction to Authority or licensee

210. (1) An adjudication officer may, at any time before making a decision under section 203(1) or imposing an administrative sanction under section 203(12), whether on

application by the Authority or a licensee concerned or on the adjudication officer’s own motion, issue a direction in writing to the Authority or the licensee concerned (in this section referred to as the “directed person”) in accordance with subsection (2).

• (2) A direction issued under subsection (1) may require the directed person, within such period as is specified in the direction, to do any or all of the following:

• (a) answer (whether on oath or otherwise) an identified question in whatever manner or form the adjudication officer may specify in the direction;

• (b) adduce evidence or produce records that are in the directed person’s possession or power to procure;

• (c) clarify any issue of fact.

• (3) An answer given by a directed person to a question put to the person in response to a direction under subsection (2)(a) is not admissible as evidence against the person in criminal proceedings, other than proceedings for perjury in circumstances where the answer was provided on oath.

• (4) A directed person shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in this section as a witness appearing in proceedings before the High Court.

• (5) Where a directed person fails or refuses to comply with a direction under subsection (1) within the period specified in the direction, the adjudication officer may apply, in a summary manner, to the High Court on notice to that directed person for an order under subsection (6).

• (6) The High Court may, on application to it under subsection (5)—

• (a) require the directed person to comply with the direction concerned, and

• (b) make such other orders (if any) as it considers necessary for the purpose of paragraph (a).

• (7) A directed person who, having been required to produce a record under subsection (2)(b), intentionally destroys or otherwise disposes of, falsifies or conceals such record or causes or permits its destruction, disposal, falsification or concealment is guilty of an offence.

• (8) A person guilty of an offence under subsection (7) 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) Proceedings may be brought for an offence under subsection (7) regardless of whether or not an order has been made, or has been applied for, under subsection (5).

211. Oral hearing

211. (1) Where an adjudication officer considers it necessary or appropriate, in accordance with section 202(3)(d) to conduct an oral hearing, the oral hearing shall be conducted by the adjudication officer in accordance with this section.

• (2) An adjudication officer may, by notice in writing—

• (a) summon a person to appear as a witness before the adjudication officer to do either or both of the following:

• (i) give evidence;

• (ii) produce any records in the person’s possession or power to procure,

and

• (b) require that person to attend an oral hearing from day to day unless excused, or released from further attendance, by the adjudication officer.

• (3) Without prejudice to subsection (2), an adjudication officer has the same powers, rights and privileges as a judge of the High Court when hearing civil proceedings including with respect to:

• (a) the attendance and examination of witnesses (including witnesses who are outside the State) on oath or otherwise;

• (b) compelling the production (including discovery) of records or an identified category or categories of records.

• (4) An oral hearing may, at the discretion of an adjudication officer, be conducted in whole or in part by way of a remote hearing.

• (5) Where subsection (4) applies—

• (a) an adjudication officer shall have the same powers, with any necessary modifications, in respect of the conduct of the oral hearing by way of a remote hearing as he or she has in respect of the conduct of an oral hearing that is not conducted by way of a remote hearing, and

• (b) a person who participates in such a remote hearing before an adjudication officer shall, in respect of such participation—

• (i) be deemed to be present at the oral hearing concerned, and

• (ii) have the same immunities and privileges, and be subject to the same obligations and liabilities, as he or she would were he or she participating in an oral hearing that was not so conducted.

• (6) At the oral hearing, an authorised officer, other representative of the Authority or any other person with leave of the adjudication officer, shall present the evidence as to the reason the Authority referred the investigation report in accordance with section 197(2)(b).

• (7) An oral hearing shall be held in public unless the adjudication officer conducting the hearing is satisfied that, given the existence of special circumstances (which shall include whether information given or likely to be given in evidence is commercially sensitive information), the hearing or part of the hearing should be held otherwise than in public.

• (8) Where special circumstances as referred to in subsection (7) exist, an adjudication officer may impose restrictions on the reporting or distribution of evidence given or records produced at the hearing.

• (9) An adjudication officer may, at his or her discretion, direct the reimbursement of some or all of the reasonable travelling expenses incurred by a witness required to attend an oral hearing and the payment of a sum to such witness for subsistence while so attending, out of moneys provided by the Oireachtas.

• (10) Save as may be otherwise prescribed by the Minister under section 213, the rules of evidence shall apply to an oral hearing, including an oral hearing held in whole or in part by way of a remote hearing.

• (11) A person is guilty of an offence where the person—

• (a) having been duly summoned to attend as a witness at an oral hearing under subsection (2)(a), fails without reasonable excuse to attend at the time and place indicated in the notice,

• (b) having been duly summoned to attend as a witness at an oral hearing under subsection (2)(a), fails without reasonable excuse to produce before the adjudication officer any records specified in the notice, or

• (c) while attending as a witness at an oral hearing, refuses to—

• (i) give evidence in the manner lawfully required by the adjudication officer,

• (ii) produce any record in the person’s possession or power to procure that the person is lawfully required by the adjudication officer to produce, or

• (iii) answer any question that the person is lawfully required by the adjudication officer to answer.

• (12) A person who, having been required to produce a record under subsection (2)(a)(ii), intentionally destroys or otherwise disposes of, falsifies or conceals such record or causes or permits its destruction, disposal, falsification or concealment is guilty of an offence.

• (13) A person guilty of an offence under subsection (11) or (12) 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.

• (14) In this section—

“electronic communications technology” means, in relation to a remote hearing, technology that enables real time transmission and real time two-way audio-visual or audio communication that enables a person to participate in the hearing from a location other than the location where the adjudication officer conducting the oral hearing is;

“in part”, in relation to a remote hearing, includes—

• (a) any day or part of a day in which an oral hearing is conducted, and

• (b) the participation of a particular person in the oral hearing;

“remote hearing” means a hearing in which one or more of the participants participates—

• (a) from a location other than the location where the adjudication officer conducting the oral hearing is, whether within the State or outside the State, and

• (b) by means of electronic communications technology.

212. Orders for costs in proceedings before adjudication officer

212. (1) Subject to subsection (2), no order as to costs shall be made in proceedings before an adjudication officer.

• (2) An adjudication officer may, at his or her discretion, award the costs of proceedings referred to in subsection (1) against a licensee or the Authority where the adjudication officer determines that the licensee or the Authority, as the case may be, has engaged in improper, irregular, unfair or unsatisfactory conduct in connection with—

• (a) the investigation of the alleged contravention of a relevant obligation giving rise to those proceedings, or

• (b) in the conduct of those proceedings.

• (3) An award of costs against a licensee or the Authority under subsection (2) shall be proportionate to the nature and extent of the improper, irregular, unfair or unsatisfactory conduct that the licensee or the Authority, as the case may be, is found to have engaged in and the award may be limited to a proportion of the costs of the proceedings before an adjudication officer or to the costs of a particular part of those proceedings.

213. Regulations in relation to proceedings before adjudication officer

213. (1) Subject to this Chapter, the Minister may make regulations setting out requirements in relation to the conduct of proceedings before an adjudication officer, having regard to the need for efficiency and the rights of licensees.

• (2) Without prejudice to the generality of subsection (1), regulations under that subsection may include, but are not limited to, all or any of the following:

• (a) the form, and manner of making, of requests by an adjudication officer for information, documentation or discovery from a party to proceedings or from a person other than a party to proceedings;

• (b) the form, and manner of inviting, of submissions by an adjudication officer from a party to proceedings;

• (c) the form and manner of provision of submissions, information, documentation, records, or other evidence to be provided to an adjudication officer;

• (d) the provision by an adjudication officer to a party to proceedings or to a person other than a party to proceedings, of information or documentation received by the adjudic-ation officer;

• (e) time limits to apply in the conduct of proceedings before an adjudication officer;

• (f) procedures for the consolidation of two or more proceedings before an adjudication officer;

• (g) procedures for the separation of proceedings before an adjudication officer;

• (h) the issuing of a direction by an adjudication officer under section 210;

• (i) the conduct of an oral hearing.

• (3) In this section, “party to proceedings” means the Authority or the licensee concerned.

214. Treatment of amounts paid in respect of financial penalties

214. A payment made by a licensee to the Authority in respect of a financial penalty, which has taken effect as an administrative sanction in accordance with section 205, shall be paid into, or disposed of for the benefit of, the Exchequer by the Authority in such manner as the Minister for Finance may direct.

Chapter 7 Adjudication officers

215. Nomination of adjudication officers

215. (1) The Authority shall, on the request of the Minister, nominate such and so many persons who, in the opinion of the Authority, are independent and have the experience, qualifications, training or expertise specified in regulations made by the Minister under section 218(a), to be appointed by the Minister as adjudication officers.

• (2) The Authority shall not nominate, under subsection (1), any of the following for appointment:

• (a) an authorised officer;

• (b) a member of a committee established under section 20(1)(b) who is not a member of, or a member of staff of, the Authority; or

• (c) a member of, or a member of staff of, the Authority.

216. Appointment of adjudication officers

216. (1) Subject to sections 59 and 60 and subsection (2), the Minister shall appoint such and so many persons (each of whom in this Act is referred to as an “adjudication officer”) as he or she considers necessary to perform the functions of an adjudication officer under this Act.

• (2) The Minister shall appoint an adjudication officer from among the persons nominated by the Authority under section 215 unless the Minister is not satisfied that the person—

• (a) is independent, or

• (b) has the experience, qualifications, training or expertise specified in regulations made under section 218(a).

• (3) The Minister shall appoint one adjudication officer to be the chief adjudication officer.

• (4) Subject to sections 59 and 60 and subsections (5) and (6), an adjudication officer shall—

• (a) be appointed under this section upon such terms and conditions (including as to appointment, remuneration, reappointment and revocation of appointment) as are specified in regulations under section 218, and

• (b) be paid, out of moneys provided by the Oireachtas for such purpose, such remunera-tion and allowances for expenses, as are specified in regulations under that section.

• (5) A person shall cease to hold office as an adjudication officer on his or her appointment as an authorised officer or on becoming a member referred to in section 215(2)(b) or (c).

• (6) The appointment of an adjudication officer may be revoked by the Minister, in accordance with procedures specified in regulations made under section 218(f), on one of the grounds specified in subsection (7) following—

• (a) receipt of an assessment and recommendation by an independent person from outside the Authority with relevant experience and expertise in the matters giving rise to the revocation, and

• (b) a decision by the Government, having reviewed the assessment and recommendation referred to in paragraph (a), confirming the proposed revocation.

• (7) The grounds referred to in subsection (6) are that an adjudication officer has—

• (a) become incapable through ill-health of effectively performing his or her functions,

• (b) engaged in serious misconduct, or

• (c) a serious conflict of interest, which conflict of interest is likely to continue.

217. Independence of adjudication officer

217. (1) An adjudication officer shall be independent in the performance of his or her functions.

• (2) An adjudication officer shall, where he or she believes that performing an adjudication assigned to him or her may create a conflict of interest or may give rise to the perception of a potential conflict of interest, recuse himself or herself from the adjudication concerned.

• (3) Where an adjudication officer forms a belief referred to in subsection (2), he or she shall inform the chief adjudication officer who shall re-assign that adjudication to another adjudication officer.

• (4) An adjudication officer shall, as soon as practicable after informing the chief adjudication officer under F8[subsection (3)], by notice in writing, inform the Authority and any licensee affected by a recusal under that subsection.

218. Regulations (Chapter 7)

218. The Minister shall, in a manner ensuring the independence of adjudication officers in the performance of their functions, make regulations providing for—

• (a) the experience, qualifications, training or expertise persons shall possess to be appointed as adjudication officers,

• (b) the term of appointment of adjudication officers, which term shall be specified in writing on appointment, and the term of appointment may be—

• (i) fixed and non-renewable, or

• (ii) subject to paragraph (c), fixed and renewable,

• (c) where a term of appointment is renewable in accordance with paragraph (b)(ii), objective, independently assessed competence-based criteria for such renewal,

• (d) the remuneration and allowance for expenses to be paid, which may not be reduced during the term of the appointment save in accordance with law, to an adjudication officer and, having regard to his or her different functions, to the chief adjudication officer,

• (e) the manner in which an adjudication officer may resign from office, and

• (f) subject to section 216(4), (6) and (7), procedures for the revocation of appointment of adjudication officers.

219. Assistance to adjudication officers

219. (1) The Authority may, from time to time, require a member of staff of the Authority to assist adjudication officers in the performance of their functions.

• (2) The Authority may, from time to time, enter into a contract or arrangement with a person or appoint a consultant or adviser under section 18 for the purpose of having the person, consultant or adviser assist adjudication officers in the performance of their functions.

• (3) A member of staff of the Authority referred to in subsection (1) or a person, consultant or adviser referred to in subsection (2)—

• (a) shall not provide assistance to adjudication officers in connection with any matter in which the member, or person, consultant or adviser concerned, has or may have a conflict of interest, and

• (b) may perform other tasks on behalf of the Authority, including performing tasks in any investigation in which the member or person, consultant or adviser concerned has not been, and will not be, involved in assisting an adjudication officer under this section.

Chapter 8 Emergency orders in respect of licensees

220. Application to Court for emergency orders in respect of licensees

220. (1) The Authority may make an ex parte application to the Court for a temporary order under subsection (2) in respect of a licensee where it considers that there is an urgent need, until further steps are taken by the Authority, to act in order to protect—

• (a) the public from the serious consequences of an ongoing contravention of a relevant obligation by a licensee, or

• (b) relevant funds contained in a Segregated Customer Account.

• (2) On the hearing of an application under subsection (1), the Court may, where it considers that there is an urgent need to act for the purposes of paragraph (a) or (b) of that subsection, make one or more of the following orders directing that—

• (a) the gambling licence of a licensee be suspended with immediate effect,

• (b) the licensee cease providing a relevant gambling activity or a relevant gambling product or relevant gambling related service,

• (c) an internet service provider or a provider of an online application store service, as the case may be, block access to a relevant gambling activity provided by the licensee concerned or to a website where a relevant gambling product or relevant gambling related service is advertised, sold or supplied,

• (d) a bank shall not, without leave of the Court, receive any payment into a bank account of the licensee in the licensee’s capacity as a licensee,

• (e) a bank shall not, without leave of the Court, make any payment out of a bank account of the licensee in the licensee’s capacity as a licensee,

• (f) the licensee concerned shall not, without leave of the Court, dispose of, or direct or facilitate the disposal of, any of the licensee’s assets,

• (g) the licensee concerned shall not, without leave of the Court, reduce the licensee’s assets below a specified amount or value,

• (h) the licensee shall not remove the licensee’s assets from the State, or

• (i) the licensee shall lodge, or cause to be lodged, any money received by the licensee to the appropriate Segregated Customer Account, unless otherwise ordered by the Court.

• (3) Where section 109 applies and the Authority has serious concerns in relation to the relevant applicant referred to in that subsection, it may make an ex parte application to the Court for an order under subsection (4).

• (4) On the hearing of an application under subsection (3), the Court, where it is satisfied that there are good and substantial reasons to do so, may make an order directing that the licence concerned be suspended with immediate effect.

• (5) In addition to the orders that may be made under subsection (2) or (4), the Court may, on hearing an application under subsection (1) or (3), make such other order as it considers appropriate in the circumstances.

• (6) The Court may, for the purposes of an application made under subsection (1), make one or more of the following further orders directing—

• (a) a bank to furnish any information in its possession relating to the financial affairs of the licensee in the licensee’s capacity as a licensee,

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

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

• (7) Where the Court is satisfied that there is reason to believe that a person holds or has held assets on behalf of a licensee, the Court may order the 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.

• (8) At any time while an order under paragraph (d), (e), (f), (g) or (h) of subsection (2) is in force, the Court may, on application by a person affected by the order concerned, make any order that the Court considers appropriate in relation to an asset or a payment 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 legal 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 or payment relates.

• (9) The Court may, on application to it by a person affected by an order 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.

• (10) The Court may not require the Authority to give any undertaking as to damages as a condition for the granting of an order under subsection (2), (4), (5), (6) or (7).

• (11) 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.

• (12) Where the relevant gambling activity referred to in paragraph (b) of subsection (2) is advertising a gambling activity, the Court may direct the Authority to publish on its website details of the order concerned.

• (13) In this section—

“bank” means—

• (a) a regulated financial service provider, or

• (b) a bank outside the State;

“Court” means the High Court.

PART 9

Appeals

221. Definition (Part 9)

221. In this Part, “appellant” means a person who brings an appeal under section 222 or 223, as the case may be.

222. Appeals to Circuit Court

222. (1) An appellant may bring an appeal to the Circuit Court on notice to the Authority—

• (a) against the decision of the Authority under section 109, 114(4), 115, 124, 126 or 127, or

• (b) where a notice of non-compliance states, in accordance with subsection (2)(a) of section 193, that the Authority is satisfied that the licensee has contravened or is contravening a relevant obligation and specifies one or more than one condition under subsection (2)(b)(ii) of that section, against that finding as to contravention or against the imposition of any subsequent condition or conditions, or both.

• (2) An appeal to the Circuit Court under subsection (1) shall be made not later than 14 days from the date the decision giving rise to the appeal is notified to the appellant.

• (3) An appeal to the Circuit Court under subsection (1) shall be brought—

• (a) where the appellant is resident in the State, in the circuit where the appellant ordinarily resides or carries on any profession, trade or business, and

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

• (4) In determining an appeal under this section, the Circuit Court may—

• (a) refuse the appeal,

• (b) where the appeal is made in respect of a decision under section 109, 114(4), 115, 126 or 127, allow the appeal and direct the Authority to transfer, grant or renew the licence, as the case may be, under the section concerned,

• (c) where the appeal is made in respect of a decision under section 124, allow the appeal and direct the Authority to issue a certificate under that section, or

• (d) where the appeal is made under subsection (1)(b), allow the appeal—

• (i) in so far as it relates to the imposition of a condition, or

• (ii) where applicable, in respect of both the finding as to contravention and the imposition of a condition.

• (5) The Authority shall comply with a direction given to it under subsection (4)(b) or (c) and shall notify the appellant as soon as practicable after it does so.

223. Appeals to Appeals Panel

223. (1) An appellant may bring an appeal to the Appeals Panel—

• (a) against a determination of the Authority under section 41 or a decision of the Authority under section 114(5), 116, 117, 120, 121, 122 or 128, or

• (b) against the finding of the Authority, stated in a notice of non-compliance under section 193, that a relevant obligation is being or has been contravened, or, where applicable, against the issue of an advice, caution, warning or reprimand under subsection (2)(b)(i) of that section, or both.

• (2) An appeal under subsection (1) shall be determined by an appeals officer or an Appeals Board in accordance with this Part.

224. Appeals Panel

224. (1) Subject to sections 59 and 60, the Minister shall, as soon as practicable after the establishment day, establish an Appeals Panel and shall appoint at least 5 persons, other than members, or members of staff, of the Authority, to be members of the Panel.

• (2) The Minister shall appoint one person under subsection (1) who is a practising barrister or practising solicitor to be the chairperson of the Appeals Panel.

• (3) In making appointments under subsection (1), the Minister shall have regard to the desirability—

• (a) that the members of the Appeals Panel possess knowledge of, and experience, quali-fications, training or expertise in, matters specified in subsection (4), and

• (b) of having at least 2 men and 2 women on the Panel.

• (4) The matters referred to in subsection (3)(a) are matters connected with—

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

• (b) gambling activities,

• (c) consumer affairs,

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

• (e) information and communications technology, and

• (f) financial services, including audit and financial forensic services.

• (5) A member of the Appeals Panel shall hold office for such period, not exceeding 4 years from the date of his or her appointment, as the Minister determines.

• (6) A member of the Appeals Panel whose term of membership of the Appeals Panel expires shall be eligible for reappointment by the Minister as a member of the Panel but shall not hold office for periods the aggregate of which exceeds 8 years.

• (7) A member of the Appeals Panel shall be paid such remuneration, fees or allowances for expenses (if any) as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determines.

• (8) A member of the Appeals Panel may resign from office by notice in writing addressed to the Minister and the resignation takes effect on the date the Minister receives the notice, or, if a date is specified in the notice and the Minister agrees to the date, on that date.

• (9) Where a member of the Appeals Panel dies, resigns, is removed from office or otherwise ceases to hold office in accordance with Part 3, the Minister may appoint a person to be a member of the Appeals Panel to fill the casual vacancy so occasioned.

• (10) A person appointed to be a member of the Appeals Panel pursuant to subsection (9)—

• (a) holds office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of the appointment, and

• (b) is eligible for reappointment as a member of the Panel on the expiry of that period.

• (11) The Minister shall furnish such support of an administrative nature to the Appeals Panel as the Minister in his or her opinion determines is necessary to enable the Panel, an appeals officer or an Appeals Board to perform their functions.

• (12) The Appeals Panel shall be independent in the performance of its functions.

225. Application to Appeals Panel and determination of appeal by appeals officer or Appeals Board

225. (1) An appeal shall—

• (a) subject to subsection (2), be made to the Appeals Panel by the appellant not later than 14 days from the date the decision giving rise to the appeal is notified to the appellant,

• (b) be in such form, and accompanied by such information and documentation, as may be prescribed by the Minister under section 226, and

• (c) if applicable, be accompanied by such fee as may be prescribed by the Authority under section 38.

• (2) The chairperson of the Appeals Panel may accept an appeal outside the 14 day period referred to in subsection (1)(a) where he or she is satisfied in the particular circumstances that it is in the interests of justice to do so.

• (3) An appellant shall serve a copy of the appeal and the information and documentation accompanying the appeal on the Authority within 7 days of making the appeal to the Appeals Panel.

• (4) Upon receipt by the Appeals Panel of an appeal, the chairperson of the Panel shall appoint either—

• (a) one member of the Panel (in this Act referred to as an “appeals officer”) to determine the appeal, or

• (b) where he or she considers it necessary and appropriate given the nature of the appeal, 3 members of the Panel (in this Act referred to as an “Appeals Board”) to determine the appeal.

• (5) Where an Appeals Board is appointed under subsection (4)(b), the chairperson of an Appeals Board shall be appointed by the chairperson of the Appeals Panel from among the members of the Board and the chairperson of that Board shall regulate the procedure of that Board.

• (6) An appeals officer or Appeals Board may refuse to hear an appeal where, in the opinion of the officer or of the Board, the appeal lodged is not made in good faith or is frivolous or vexatious.

• (7) An appeals officer or Appeals Board may request, in writing, a party to an appeal or any other person to furnish information to the officer or the Board, as the case may be,

where he, she or it considers the information necessary for the purposes of determining an appeal and the party or other person so requested shall furnish the information within such period as is specified in the request.

• (8) An appeals officer or Appeals Board may hold such hearings as he, she or it considers necessary for the purpose of determining an appeal.

• (9) Each of the parties to an appeal is entitled to be heard at the hearing and to present evidence to the appeals officer or Appeals Board, as the case may be.

• (10) An appeals officer or Appeals Board may adjourn the hearing of a matter until a date specified by the appeals officer or Appeals Board, as the case may be.

• (11) Where an Appeals Board is appointed under subsection (4)(b), a decision by a majority of the members of an Appeals Board shall suffice for any purpose.

• (12) In determining an appeal, the appeals officer or Appeals Board may—

• (a) refuse the appeal,

• (b) where the appeal is made in respect of a determination under section 41 or a decision under section 114(5), 117, 122 or 128, allow the appeal in whole or in part,

• (c) where the appeal is made in respect of a decision under section 120 or 121, allow the appeal and direct the Authority to grant or renew the licence, as the case may be, under the section concerned, or

• (d) where the appeal is made under section 223(1)(b), allow the appeal—

• (i) in so far as it relates to the finding that a relevant obligation has been or is being contravened,

• (ii) where applicable, in respect of the advice, caution, warning or reprimand, as the case may be, or

• (iii) in respect of both the finding and the advice, caution, warning or reprimand concerned.

• (13) An appeals officer or Appeals Board, as the case may be, shall communicate his, her or its determination under subsection (12) to the appellant, the Authority and the Appeals Panel.

• (14) The Authority shall comply with a direction given to it under subsection (12)(c) and shall notify the appellant as soon as practicable after it does so.

• (15) An appeals officer and an Appeals Board shall be independent in the performance of their functions.

226. Appeal procedures

226. (1) The Minister shall, as soon as practicable after the appointment of the Appeals Panel, following consultation with the Appeals Panel and the Authority, prescribe procedures for the hearing and determination of the appeals provided for under section 223.

• (2) Different procedures may be prescribed under subsection (1) for different appeals or classes of appeal.

• (3) Without prejudice to the generality of subsection (1), procedures prescribed under this section shall specify—

• (a) the application form to be used for bringing an appeal, and

• (b) the information and supporting documentation which shall accompany an application.

• (4) Without prejudice to the generality of subsection (1), procedures prescribed under this section may specify—

• (a) the time within which an appeal shall be heard,

• (b) any other person whom the appellant should notify of the bringing of the appeal, or

• (c) the period within which an appeals officer or an Appeals Board hearing an appeal shall, from the date of completion of a hearing or hearings in relation to the appeal, make a determination in relation to the matter.

PART 10

Amendments to other Acts, Transitional and Savings Provisions and Consequential Amendments to other Acts

Chapter 1 Amendments to other Acts

227. Amendment of Act of 1931

227. The Act of 1931 is amended—

• (a) in section 7(10), in paragraph (b) of the definition of “licence final day”, to substitute “12 months” for “24 months”,

• (b) in section 7B(8), in paragraph (b) of the definition of “licence final day”, to substitute “12 months” for “24 months”,

• (c) in section 7C(8), in paragraph (b) of the definition of “licence final day”, to substitute “12 months” for “24 months”, and

• (d) in section 12(5), in paragraph (b) of the definition of “registration final day”, to substitute “12 months” for “24 months”.

228. Prohibition on employment of child or young person in providing relevant gambling activity

228. The Protection of Young Persons (Employment) Act 1996 is amended by the insertion of the following section after section 2: