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Reform history

Gambling Regulation Act 2024

2 versions · 2024-10-23 — 2026-02-09

2026-02-09

IE-2024-act-35 — consolidated version 2026-02-09

View changes Text at this date

2024-10-23

Gambling Regulation Act 2024

original version Text at this date

Changes on 2026-02-09

@@ -1,12 +1,10 @@

# Gambling Regulation Act 2024

## **PART 1** **Preliminary and General**

## PART 1 Preliminary and General

##### 1. **Short title and commencement**

**1.** (1) This Act may be cited as the Gambling Regulation Act 2024.

(2) This Act, other than *section 227*, shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, and for the repeal or revocation of different provisions of the enactments effected by *section 9*.

##### 2. **Interpretation**

@@ -54,7 +52,7 @@

“Authority” has the meaning assigned to it by *section 13(1)*;

“beneficial owner” has the meaning given to it by Article 3 of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015[^2] on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No. 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC;

“beneficial owner” has the meaning given to it by Article 3 of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015^2 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No. 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC;

“bet” means a payment made to participate in betting;

@@ -72,7 +70,7 @@

“Business to Business gambling licence” has the meaning assigned to it by *section 89*;

“Business to Consumer gambling licence” means a betting licence, a gaming licence or a lottery licence*;*

“Business to Consumer gambling licence” means a betting licence, a gaming licence or a lottery licence;

“charitable or philanthropic purpose” shall be construed in accordance with *section 88(4)*;

@@ -464,11 +462,11 @@

(2) Subject to *Part 10*, the enactments specified in *Part 2* of *Schedule 2* are revoked.

## **PART 2** **Gambling Regulatory Authority of0 Ireland**

### Chapter 1 *Establishment, functions and governance of Authority*

##### 11. **Definition (*Chapter 1*)**

## PART 2 Gambling Regulatory Authority of0 Ireland

### Chapter 1

##### 11. **Definition (Chapter 1)**

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

@@ -576,7 +574,7 @@

(f) financial services, including audit and forensic accounting practice.

(5) The Public Appointments Service shall provide the Minister with particulars of the relevant knowledge, experience, qualifications, training or expertise of each person whom it recommends under *subsection (2).*

(6) The Minister may, prior to the establishment day, designate persons, the subject of a recommendation under *subsection (2)*, to be the first members of the Authority and from among those persons so designated, one of their number to be the first chairperson.

@@ -592,7 +590,7 @@

(4) A person who is reappointed as a member of the Authority under *subsection (3)* shall—

(a) where he or she is one of the 3 first members referred to in *subsection (2),* not hold office for periods the aggregate of which exceeds 7 years, and

(a) where he or she is one of the 3 first members referred to in *subsection (2)*, not hold office for periods the aggregate of which exceeds 7 years, and

(b) in the case of any other member of the Authority, not hold office for periods the aggregate of which exceeds 8 years.

@@ -928,7 +926,7 @@

(b) may consider existing and emerging practices in gambling and gambling activities, whether in relation to gambling or gambling activities generally or a particular type of gambling or gambling activity, for the purposes of identifying issues of concern arising from such practices.

(2) Without prejudice to the generality of *subsection (1)(b),* for the purposes of that provision, issues of concern may arise in relation to practices, which although in accordance with the law or a code of practice applicable to such practices, the law or code of practice as applied—

(2) Without prejudice to the generality of *subsection (1)(b)*, for the purposes of that provision, issues of concern may arise in relation to practices, which although in accordance with the law or a code of practice applicable to such practices, the law or code of practice as applied—

(a) is giving rise, or may give rise, to an increase in compulsive or excessive gambling, or

@@ -978,9 +976,9 @@

**36.** The Schedule to the National Archives Act 1986 is amended by the addition of “Gambling Regulatory Authority of Ireland, the Appeals Panel, an appeals officer or an adjudication officer (each within the meaning of the *Gambling Regulation Act 2024*)”.

### Chapter 2 *Funding of Authority and fees*

##### 37. **Definitions (*Chapter 2*)**

### Chapter 2

##### 37. **Definitions (Chapter 2)**

**37.** In this Chapter—

@@ -1012,7 +1010,7 @@

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

(d) on the bringing of an appeal to the Appeals Panel under *Part 9.*

(d) on the bringing of an appeal to the Appeals Panel under *Part 9*.

(2) Regulations under *subsection (1)* may provide, in respect of the fees referred to in *paragraph (a)* of that subsection, for exemptions from the payment of fees or for the waiver of fees (in whole or in part) by reference to—

@@ -1038,7 +1036,7 @@

(3) Where the Authority is unable to meet the operational costs incurred for a relevant financial period from the monies received from charges imposed for that period, the Authority may, for the purposes of meeting any deficit—

(a) request an advance from the Minister under *section 38(2)*, or

(a) request an advance from the Minister under *F2[section 39(2)]*, or

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

@@ -1102,9 +1100,9 @@

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

### Chapter 3 *National Gambling Exclusion Register*

##### 44. **Definition (*Chapter 3*)**

### Chapter 3

##### 44. **Definition (Chapter 3)**

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

@@ -1118,7 +1116,7 @@

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

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

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

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

@@ -1200,7 +1198,7 @@

### Chapter 4 *Social Impact Fund*

### Chapter 4

##### 50. **Establishment of Social Impact Fund**

@@ -1240,7 +1238,7 @@

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

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

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

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

@@ -1268,7 +1266,7 @@

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

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

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

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

@@ -1318,9 +1316,9 @@

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

## **PART 3** **Provisions Applicable to Authority, Appeals Panel and Adjudication Officers**

##### 58. **Definition (*Part 3*)**

## PART 3 Provisions Applicable to Authority, Appeals Panel and Adjudication Officers

##### 58. **Definition (Part 3)**

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

@@ -1436,7 +1434,7 @@

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

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

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

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

@@ -1506,9 +1504,9 @@

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

## **PART 4** **Prohibitions and Offences (General)**

### Chapter 1 *Prohibitions: gambling activities and offence of cheating*

## PART 4 Prohibitions and Offences (General)

### Chapter 1

##### 67. **Prohibition on providing betting activity, game or lottery**

@@ -1658,7 +1656,7 @@

(d) the outcome of a relevant gambling activity.

### Chapter 2 *Applications to Court in respect of persons providing gambling activity in contravention of Chapter 1*

### Chapter 2

##### 75. **Application to Court to direct relevant person to cease prohibited gambling activity and related matters**

@@ -1748,7 +1746,7 @@

“Court” means the High Court.

### Chapter 3 *Provisions related to offences*: *general*

### Chapter 3

##### 76. **Liability of relevant officers and beneficial owners**

@@ -1846,11 +1844,11 @@

## **PART 5** **Licensing of Gambling Activities**

### Chapter 1 *Preliminary and General*

##### 82. **Definitions (*Part 5*)**

## PART 5 Licensing of Gambling Activities

### Chapter 1

##### 82. **Definitions (Part 5)**

**82.** In this Part—

@@ -1868,9 +1866,9 @@

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

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

##### 83. **Regulations (*Part 5*)**

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

##### 83. **Regulations (Part 5)**

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

@@ -1890,7 +1888,7 @@

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

### Chapter 2 *Gambling licences and register of gambling licensees*

### Chapter 2

##### 84. **Gambling licences**

@@ -1906,15 +1904,15 @@

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

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

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

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

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

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

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

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

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

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

@@ -2100,7 +2098,7 @@

(b) publish that register, other than information referred to in *subsection (3)(h)* and information retained in that register under *subsection (5)*, on its website.

(8) The Authority may publish, in such form as it considers appropriate, the information referred to in *paragraphs (i), (j), (k), (l)* or *(m)* of *subsection (3)* in addition to publishing that information by means of the register under *subsection (7)(b)*.

(8) The Authority may publish, in such form as it considers appropriate, the information referred to in *paragraphs (i)*, *(j)*, *(k)*, *(l)* or *(m)* of *subsection (3)* in addition to publishing that information by means of the register under *subsection (7)(b)*.

(9) The Authority shall ensure that the register of gambling licensees is kept up to date and is accurate and, for that purpose, the Authority shall make such alterations to that register as it considers necessary.

@@ -2112,9 +2110,9 @@

(13) In this section, “administrative sanction” and “decision as to contravention” have the same meaning as they have in *section 198*.

### Chapter 3 *Gambling activities exempt from requirement to hold gambling licence*

##### 91. **Application (*Chapter 3*)**

### Chapter 3

##### 91. **Application (Chapter 3)**

**91.** This Chapter applies to a person other than a person that is a licensee of a Business to Consumer licence or a Business to Business licence.

@@ -2176,9 +2174,9 @@

(ii) inviting a person to make an offer to purchase the service.

### Chapter 4 *Applications for gambling licences: general*

##### 94. **Definitions (*Chapter 4*)**

### Chapter 4

##### 94. **Definitions (Chapter 4)**

**94.** In this Chapter—

@@ -2318,7 +2316,7 @@

##### 98. **Information and documentation to accompany application where gambling activity to be provided in-person**

**98.** (1) The information and documentation referred to in *section 96(1)(h)(i), 104(1)(e)(i)* and *116(2)* is, in respect of each premises where it is proposed to provide a gambling activity:

**98.** (1) The information and documentation referred to in *section 96(1)(h)(i)*, *104(1)(e)(i)* and *116(2)* is, in respect of each premises where it is proposed to provide a gambling activity:

(a) identification of the location of the premises where it is proposed to provide the activity and append such maps and plans, on such scale, as are sufficient to enable clear identification of that location;

@@ -2384,7 +2382,7 @@

(d) the proximity of the premises to schools.

(2) The Authority shall, for the purposes of making a determination under *subsection (1)—*

(2) The Authority shall, for the purposes of making a determination under *subsection (1)*—

(a) subject to *subsection (3)*, consult with the local authority in the local authority area in which the premises concerned are situated,

@@ -2432,7 +2430,7 @@

(2) The Authority may specify the form and manner in which the information, supporting documentation and other evidence referred to in *subsection (1)* is to be provided.

##### 103. **Assessment of information and documentation provided under *section 102(1)(b)* and *(c)***

##### 103. **Assessment of information and documentation provided under section 102(1)(b) and (c)**

**103.** (1) The Authority shall carry out, or arrange for a suitably qualified person to carry out, an assessment of the information referred to in *paragraph (b)* of *section 102(1)*, and the supporting documentation and other evidence furnished with that information in accordance with *paragraph (d)* of that section, for the purpose of satisfying itself that the software to be used would enable the proposed licensee concerned to view, in real time, information on the National Gambling Exclusion Register which would affect the licensee concerned.

@@ -2514,7 +2512,7 @@

(5) Where a person in the State, other than the proposed licensee or licensee concerned, receives a request from the Authority under *subsection (1)*, he or she shall, having received a copy of the relevant consents, provide, to the extent that the information is in his or her possession or power to procure, the information requested within such period as is specified in that request or within such further period as is agreed between the Authority and the person concerned.

(6) Where *subparagraph (i)* or *(ii)*, or both, of *section 96(1)(j)* or *paragraph (g)* or *(h)*, or both, of *section 104(1)* apply in respect of an application made under *section 118, 119* or *121*, the Authority may, for the purpose of enabling it to make a determination of the matters concerned under *section 120* or *121*, as the case may be, request such further information from the proposed licensee or licensee concerned as the Authority considers necessary for that purpose.

(6) Where *subparagraph (i)* or *(ii)*, or both, of *section 96(1)(j)* or *paragraph (g)* or *(h)*, or both, of *section 104(1)* apply in respect of an application made under *section 118*, *119* or *121*, the Authority may, for the purpose of enabling it to make a determination of the matters concerned under *section 120* or *121*, as the case may be, request such further information from the proposed licensee or licensee concerned as the Authority considers necessary for that purpose.

##### 106. **Arrangement with person outside State performing similar functions to Authority**

@@ -2536,7 +2534,7 @@

(5) In this section, “person outside the State” means a person who, under the law of a place other than the State, performs in that place functions that are the same as or similar to those performed by the Authority under this Act.

### Chapter 5 *Gambling licences issued under this Part*

### Chapter 5

##### 107. **Issue of gambling licence following decision to grant gambling licence**

@@ -2548,9 +2546,9 @@

(2) The Authority shall, within 14 days of making a decision under this Part to renew a gambling licence under this Part, issue a gambling licence to the licensee concerned.

(3) Where the Authority grants an application under *section 116, 117, 122* or *128* in respect of a gambling licence and the effect of granting the application concerned is that the information specified in the licence concerned is no longer up to date, the Authority shall, within 14 days of granting the application, re-issue the gambling licence to the licensee concerned with the updated information.

(4) Where *subsection (2)* or *(3)* applies, the registration number shall be the number issued under *subsection (1).*

(3) Where the Authority grants an application under *section 116*, *117*, *122* or *128* in respect of a gambling licence and the effect of granting the application concerned is that the information specified in the licence concerned is no longer up to date, the Authority shall, within 14 days of granting the application, re-issue the gambling licence to the licensee concerned with the updated information.

(4) Where *subsection (2)* or *(3)* applies, the registration number shall be the number issued under *subsection (1)*.

##### 108. **Duration gambling licence remains in force**

@@ -2620,7 +2618,7 @@

(c) a reference in this Act to a licensee shall, from the date such circumstances occurred until the expiration of that period the licence would have remained in force, include a reference to the relevant applicant, and

(d) where applicable, a first application for renewal of that licence by the relevant applicant shall be treated as an application under *section 112, 118* or *125*, as the case may be.

(d) where applicable, a first application for renewal of that licence by the relevant applicant shall be treated as an application under *section 112*, *118* or *125*, as the case may be.

(7) The Authority shall update the register of gambling licensees as soon as practicable after a decision referred to in this section is made which affects an entry in that register.

@@ -2676,7 +2674,7 @@

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

### Chapter 6 *Applications for Business to Consumer licences: betting, gaming and lottery licences*

### Chapter 6

##### 112. **Application for Business to Consumer gambling licence**

@@ -2710,7 +2708,7 @@

**113.** (1) A person may make an application for a lottery licence for a once-off lottery under this section where the lottery will be held in a calendar year during which year the person will not hold another such lottery.

(2) An application for a lottery licence referred to in *subsection (1)* shall*—*

(2) An application for a lottery licence referred to in *subsection (1)* shall—

(a) be made—

@@ -2758,9 +2756,9 @@

(c) where *section 102* applies, it is satisfied as to the matters set out in *subsections (1)* and *(3)* of *section 103*, and

(d) where applicable, it has received the fee prescribed by the Authority under *section 38.*

(2) A gambling licence granted under *subsection (1)—*

(d) where applicable, it has received the fee prescribed by the Authority under *section 38*.

(2) A gambling licence granted under *subsection (1)*—

(a) shall specify—

@@ -2840,7 +2838,7 @@

(4) The Authority shall refuse to renew a licence where—

(a) subject to *subsection (8), paragraphs (a) to (d) of subsection (1) have not been complied with,*

(a) subject to *subsection (8), paragraphs (a) to (d) of subsection (1) have not been complied with*,

(b) it is no longer satisfied as to any of the matters set out in *section 114(1)(a)(ii)* or *(iii)*,

@@ -2848,15 +2846,17 @@

(d) it has not received the fee prescribed by the Authority under *section 38* for such renewal.

(5) Subject to *subsections (6)* and *(7)*, where an application for renewal of a Business to Consumer licence under this section is not determined by the Authority before the expiry of the licence concerned, the licence shall continue in force until the later of the following occurs:

(a) the application for renewal has been determined; or

(b) the period allowed for bringing an appeal under *Part 9* against the decision of the Authority to refuse to renew the licence has expired and either—

(i) no appeal has been made, or

(ii) an appeal has been made and, if applicable, an application to the Circuit Court has been brought under *subsection (6)*, that application has been refused.

F3[(5) Notwithstanding*section 108*, where an application for renewal of a Business to Consumer licence under this section is not determined by the Authority before the expiry of the licence concerned, that licence shall continue in force until—

(a) the Authority grants the application for renewal and the licence is issued under*section 107(2)*, or

(b) the Authority refuses the application for renewal and whichever is the sooner of the following occurs:

(i) the period allowed for bringing an appeal under Part 9 expires and no appeal has been brought;

(ii) an application under*subsection (6*) is refused;

(iii) the licence ceases to be in force in accordance with*subsection (7)*.]

(6) A licensee who, within the period allowed for bringing an appeal under *Part 9*, brings an appeal against a decision of the Authority to refuse to renew a licence may, within that period, apply to the Circuit Court, on notice to the Authority, for an order that the licence remain in force pending the making of a decision on appeal.

@@ -2928,7 +2928,7 @@

(5) The Authority may grant an application under this section to vary the licence concerned where it is satisfied, having regard to the information and supporting documentation supplied by the licensee as required by the Authority in accordance with *subsection (4)*, that it is appropriate to do so.

(6) Where the Authority refuses to grant an application under this section, it shall notify the licensee concerned within 14 days of the date of the decision and the notice shall state*—*

(6) Where the Authority refuses to grant an application under this section, it shall notify the licensee concerned within 14 days of the date of the decision and the notice shall state—

(a) the reasons for the decision,

@@ -2936,7 +2936,7 @@

### Chapter 7 *Applications for grant and renewal of gambling licences for charitable or philanthropic purpose*

### Chapter 7

##### 118. **Application for gambling licence for charitable or philanthropic purpose**

@@ -2980,7 +2980,7 @@

**119.** (1) A person may make an application under this section for a gambling licence for a charitable or philanthropic purpose for a once-off gaming, betting or lottery activity or product, referred to in *section 88(2)*, where the activity concerned will be held in a calendar year during which year the person will not hold another such activity.

(2) An application under *subsection (1)—*

(2) An application under *subsection (1)*—

(a) may only be made where the conditions referred to in *section 118(2)* have been complied with in respect of the proposed licensee, and

@@ -3004,7 +3004,7 @@

##### 120. **Determination by Authority of application for gambling licence for charitable or philanthropic purpose**

**120.** (1) Subject to *subsections (2), (3)* and *(4)*, the Authority shall grant a gambling licence for a charitable or philanthropic purpose sought under *section 118* or *119*, as the case may be—

**120.** (1) Subject to *subsections (2)*, *(3)* and *(4)*, the Authority shall grant a gambling licence for a charitable or philanthropic purpose sought under *section 118* or *119*, as the case may be—

(a) where it is satisfied—

@@ -3048,7 +3048,7 @@

(c) where applicable, shall specify that children are permitted to act as an employee, servant or agent of the licensee for the purpose of providing a relevant gambling activity for a charitable or philanthropic purpose, referred to in *paragraph (a)*, off the premises, and

(d) is granted subject to the conditions that apply to the licence concerned in accordance with *Chapter 9.*

(d) is granted subject to the conditions that apply to the licence concerned in accordance with *Chapter 9*.

(4) The Authority shall refuse to grant a gambling licence under this section—

@@ -3058,7 +3058,7 @@

(5) Where the Authority makes a decision under this section to refuse to grant a licence, it shall notify the person who made the application under *section 118* or *119*, as the case may be, and, if different, the proposed licensee within 14 days of the date of the decision.

(6) A notice under *subsection (5)* shall state*—*

(6) A notice under *subsection (5)* shall state—

(a) the reasons for the decision,

@@ -3068,7 +3068,7 @@

##### 121. **Renewal of gambling licence for charitable or philanthropic purpose**

**121.** (1) Subject to *subsections (2), (3)* and *(4)*, the Authority shall renew a gambling licence for a charitable or philanthropic purpose, other than a licence for a charitable or philanthropic purpose for a once-off gaming, betting or lottery activity, on application to it in that behalf by the licensee of the licence where—

**121.** (1) Subject to *subsections (2)*, *(3)* and *(4)*, the Authority shall renew a gambling licence for a charitable or philanthropic purpose, other than a licence for a charitable or philanthropic purpose for a once-off gaming, betting or lottery activity, on application to it in that behalf by the licensee of the licence where—

(a) the application is made within such period, before the expiry of the licence concerned, as is specified by the Authority,

@@ -3086,7 +3086,7 @@

(iii) where applicable, such fee as may be prescribed by the Authority under *section 38*.

(2) Where *paragraphs (g)* or *(h)*, or both, of *section 104(1)* apply in respect of an application made under *subsection (1)*, the Authority shall, at the same time as renewing a licence under that subsection, having regard to the reasons specified under *paragraphs (g)* or *(h)*, or both, of *section 104(1)* as the case may be, and any further information obtained under *section 105(6)*, make a determination—

(2) Where *F4[paragraph (g)*or*(h)]*, or both, of *section 104(1)* apply in respect of an application made under *subsection (1)*, the Authority shall, at the same time as renewing a licence under that subsection, having regard to the reasons specified under *F4[paragraph (g)*or*(h)]*, or both, of *section 104(1)* as the case may be, and any further information obtained under *section 105(6)*, make a determination—

(a) as to whether the relevant gambling activity for a charitable or philanthropic purpose can be provided off the premises through the licensee or another person where that other person is an employee, servant or agent of that licensee, and

@@ -3112,21 +3112,23 @@

(4) The Authority shall refuse to renew a licence where—

(a) subject to *subsection (8), paragraphs (a) to (e) of subsection (1) have not been complied with,*

(a) subject to *subsection (8), paragraphs (a) to (e) of subsection (1) have not been complied with*,

(b) it is no longer satisfied as to any of the matters set out in *subparagraphs (ii)* to *(iv)* of *section 120(1)(a)*, or

(5) Subject to *subsections (6)* and *(7)*, where an application for renewal of a gambling licence for a charitable or philanthropic purpose under this section is not determined by the Authority before the expiry of the licence concerned, the licence shall continue in force until the later of the following occurs—

(a) the application has been determined, or

(b) the period allowed for bringing an appeal under *Part 9* against the decision of the Authority to refuse to renew the licence has expired and either—

(i) no appeal has been made, or

(ii) an appeal has been made and, if applicable, an application to the Circuit Court has been brought under *subsection (6)*, that application has been refused.

F4[(5) Notwithstanding*section 108*, where an application for renewal of a gambling licence for a charitable or philanthropic purpose under this section is not determined by the Authority before the expiry of the licence concerned, that licence shall continue in force until—

(a) the Authority grants the application for renewal and the licence is issued under*section 107(2)*, or

(b) the Authority refuses the application for renewal and whichever is the sooner of the following occurs:

(i) the period allowed for bringing an appeal under Part 9 expires and no appeal has been brought;

(ii) an application under*subsection (6)*is refused;

(iii) the licence ceases to be in force in accordance with*subsection (7)*.]

(6) A licensee who, within the period allowed for bringing an appeal under *Part 9*, brings an appeal against a decision of the Authority to refuse to renew a licence, may, within that period, apply to the Circuit Court, on notice to the Authority, for an order that the licence remain in force pending the making of a decision on appeal.

@@ -3160,7 +3162,7 @@

(3) The Authority may grant an application under this section to vary the licence concerned where it is satisfied, having regard to the information and supporting documentation supplied by the licensee as required by the Authority in accordance with *subsection (2)*, that it is appropriate to do so.

(4) Where the Authority refuses to grant an application under this section, it shall notify the licensee concerned within 14 days of the date of the decision and the notice shall state*—*

(4) Where the Authority refuses to grant an application under this section, it shall notify the licensee concerned within 14 days of the date of the decision and the notice shall state—

(a) the reasons for the decision,

@@ -3168,7 +3170,7 @@

### Chapter 8 *Standards and certification of certain gambling products and gambling related services and applications for grant and renewal of Business to Business gambling licences*

### Chapter 8

##### 123. **Power to set standards for certain gambling products and gambling related services**

@@ -3210,7 +3212,7 @@

(b) consult with such persons, including licensees, as it considers appropriate.

##### 124. **Application for certification of gambling product or gambling related service where standards in effect in accordance with *section 123***

##### 124. **Application for certification of gambling product or gambling related service where standards in effect in accordance with section 123**

**124.** (1) Where the Authority publishes standards under *section 123(1)* in relation to a gambling product or gambling related service, an application for a Business to Business gambling licence under *section 125*, for renewal of the licence under *section 127* or to vary the licence under *section 128*, may not include an application in relation to the product or service concerned at any time after—

@@ -3220,11 +3222,11 @@

unless a certificate has issued in accordance with this section that the product or service concerned meets those standards.

(2) On each occasion where the Authority amends or replaces standards under *section 123(3)*, an application under *section 125, 127* or *128* may not include an application in relation to a product or service the subject of those standards as amended or replaced at any time after—

(a) where the standards relate to the gambling products referred to in *section 123(1)(a)(i)* or the gambling related services referred to in *section 123(1)(b)(i)*, the day following the third anniversary of the date of publication of those standards as amended or replaced *under section 123(5)*, or

(b) where the standards relate to the gambling products referred to in *section 123(1)(a)(ii)* or the gambling related service referred to in *section 123(1)(b)(ii)*, the day following the expiry of the period of 6 months from the date of publication of the standards as amended or replaced *under section 123(5)*,

(2) On each occasion where the Authority amends or replaces standards under *section 123(3)*, an application under *section 125*, *127* or *128* may not include an application in relation to a product or service the subject of those standards as amended or replaced at any time after—

unless a certificate has issued in accordance with this section that the product or service concerned meets those standards as amended or replaced.

@@ -3306,7 +3308,7 @@

(4) Where the Authority makes a decision under *subsection (3)* to refuse to grant a licence, it shall notify the person who made the application under *section 125* and, if different, the proposed licensee, within 14 days of the date of the decision.

(5) A notice under *subsection (4)* shall state*—*

(5) A notice under *subsection (4)* shall state—

(a) the reasons for the decision,

@@ -3340,15 +3342,17 @@

(a) subject to *subsection (5), paragraphs (a)* to *(c)* of *subsection (1) have not been complied with, or*

(b) it is no longer satisfied as to any of the matters set out in *section 126(1)(a)(ii)* or *(iii).*

(4) Where an application for renewal of a Business to Business licence under this section is not determined by the Authority before the expiry of the licence concerned, the licence shall continue in force until the later of the following occurs—

(a) the application has been determined,

(b) the period allowed for bringing an appeal under *Part 9* against the decision of the Authority to refuse to renew the licence has expired and no appeal has been made, or

(b) it is no longer satisfied as to any of the matters set out in *section 126(1)(a)(ii)* or *(iii)*.

F5[(4) Notwithstanding*section 108*, where an application for renewal of a Business to Business licence under this section is not determined by the Authority before the expiry of the licence concerned, that licence shall continue in force until—

(a) the Authority grants the application for renewal and the licence is issued under*section 107(2)*, or

(b) the Authority refuses the application for renewal and one of the following occurs:

(i) the period allowed for bringing an appeal under*Part 9*expires and no appeal has been brought;

(ii) an appeal is brought under*Part 9*and, without prejudice to*section 222(4)*, the appeal is determined in accordance with that section.]

(5) Where an application under *subsection (1)* for the renewal of a licence does not comply with *paragraph (a)* of that subsection, the application shall, unless it is shown to the satisfaction of the Authority that there are exceptional circumstances justifying such failure to comply, be treated as a first application for the licence concerned and *section 125* shall apply accordingly.

@@ -3374,7 +3378,7 @@

(3) The Authority may grant an application made under *subsection (1)* to vary the relevant gambling product or relevant gambling related service that may be provided pursuant to the licence concerned where it is satisfied, having regard to the information and supporting documentation supplied by the licensee in accordance with *subsection (2)*, that it is appropriate to do so.

(4) Where the Authority refuses to grant an application under this section, it shall notify the licensee concerned within 14 days of the date of the decision and the notice shall state*—*

(4) Where the Authority refuses to grant an application under this section, it shall notify the licensee concerned within 14 days of the date of the decision and the notice shall state—

(a) the reasons for the decision,

@@ -3382,9 +3386,9 @@

### Chapter 9 *Conditions attaching to gambling licences*

##### 129. **Regulations (*Chapter 9*)**

### Chapter 9

##### 129. **Regulations (Chapter 9)**

**129.** (1) The Authority may prescribe conditions, additional to those set out in this Chapter, which shall apply to gambling licences.

@@ -3430,7 +3434,7 @@

(f) compliance by the licensee with *section 133*,

(g) where applicable, the Authority continuing to be satisfied, following receipt of a notice under *section 133—*

(g) where applicable, the Authority continuing to be satisfied, following receipt of a notice under *section 133*—

(i) where the notice relates to information referred to in *section 102(1)(b)*, that the software continues to enable the licensee concerned to view, in real time, information on the National Gambling Exclusion Register which affects the licensee concerned, and

@@ -3440,19 +3444,23 @@

(h) the payment, within the period specified in a notice under *section 41(5)*, of the charge due under *Chapter 2* of *Part 2* in respect of the licence concerned, subject to any appeal pending under *Part 9* in relation to that charge.

##### 132. **Notice to Authority of change of information given under *section 98(1)***

##### 132. **Notice to Authority of change of information given under section 98(1)**

**132.** (1) A licensee of a Business to Consumer gambling licence who provides a relevant gambling activity from one or more premises in the State and to whom *section 98(1)* applied when making an application for the licence concerned, on renewal of that licence or when making an application under *section 116*, shall notify the Authority of a change, referred to in *subsection (2)*, to the information provided under that section in respect of the premises concerned.

##### 133. **Notice to Authority of change in information given under *section 102***

**133.** (1) A licensee of a Business to Consumer gambling licence who provides a relevant gambling activity by remote means and who was required to provide information specified in *section 102* in an application for the licence or for renewal of the licence, shall notify the Authority of a change to that information where the change is specified under *subsection (2).*

F6[(2) The Authority shall specify, by notice published on its website, the changes to be notified to it under*subsection (1)*.

(3) A notification under*subsection (1)*shall be made within 7 days of a change referred to in*subsection (2)*.]

##### 133. **Notice to Authority of change in information given under section 102**

(2) The Authority shall specify, by notice published on its website, the changes to be notified to it under *subsection (1)*.

(3) A notification under *subsection (1)* shall be made within 7 days of a change referred to in *subsection (2)*.

(4) The Authority may, where it considers it necessary for the purposes of *section 131(g)*, conduct a further assessment under *section 103.*

(4) The Authority may, where it considers it necessary for the purposes of *section 131(g)*, conduct a further assessment under *section 103*.

##### 134. **Additional conditions: Business to Consumer gambling licences**

@@ -3470,7 +3478,7 @@

##### 135. **Establishment and maintenance of Segregated Customer Account**

**135.** (1) Subject to regulations made under *section 136*, a licensee of a Business to Consumer gambling licence shall, in accordance with this section, open and maintain a single account (in this Act referred to as a “Segregated Customer Account”) in a regulated financial service provider to hold the funds specified in *subsection (2).*

(2) The funds (in this Act referred to as “relevant funds”) referred to in *subsection (1)* are—

@@ -3582,11 +3590,11 @@

(e) the payment, within the period specified in a notice under *section 41(5)*, of the charge under *Chapter 2* of *Part 2* due in respect of the licence concerned, subject to any appeal pending under *Part 9* in relation to that charge.

## **PART 6** **Obligations on Licensees and other Persons**

### Chapter 1 *Obligations on licensees and other persons: advertising, branded clothing and engagement of children in providing relevant gambling activity*

##### 141. **Interpretation (*Chapter 1* *Part 6*)**

## PART 6 Obligations on Licensees and other Persons

### Chapter 1

##### 141. **Interpretation (Chapter 1 – Part 6)**

**141.** In this Chapter—

@@ -3724,7 +3732,7 @@

##### 146. **Advertising on social media service and video-sharing platform service**

**146.** (1) Subject to *subsection (2)* and *section 149*, a licensee shall not enter into an arrangement (howsoever described) with another person for the purposes of advertising relevant content to a third party (in this section referred to as the “intended recipient”) on a social media service or a video-sharing platform service unless the terms of the arrangement ensure such advertising is provided—

**146.** (1) Subject to *subsection (2)* F7[…], a licensee shall not enter into an arrangement (howsoever described) with another person for the purposes of advertising relevant content to a third party (in this section referred to as the “intended recipient”) on a social media service or a video-sharing platform service unless the terms of the arrangement ensure such advertising is provided—

(a) to an intended recipient only where—

@@ -3836,7 +3844,7 @@

(ii) a trademark, emblem, marketing image or logo of the licensee by reference to which a relevant gambling activity or a relevant gambling product or relevant gambling related service is provided or marketed.

### Chapter 2 *Obligations on licensees: general*

### Chapter 2

##### 152. **Obligation on licensees to maintain records and accounts**

@@ -3878,9 +3886,9 @@

(f) there is a change in the financial circumstances of the licensee which may impact on the capacity of that licensee to provide the gambling activities under the licence concerned, to fund winnings or to meet the licensee’s relevant obligations.

### Chapter 3 *Obligations on certain licensees: suspicious gambling patterns, inducements, participation of children and sponsorship*

##### 154. **Application (*Chapter 3*)**

### Chapter 3

##### 154. **Application (Chapter 3)**

**154.** This Chapter, other than *section 159*, applies to a licensee of a Business to Consumer gambling licence and a licensee of a gambling licence for a charitable or philanthropic purpose.

@@ -3994,9 +4002,9 @@

(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*)**

### Chapter 4

##### 160. **Interpretation (Chapter 4)**

**160.** In this Chapter—

@@ -4004,7 +4012,7 @@

“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. **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.

@@ -4094,9 +4102,9 @@

(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*)**

### Chapter 5

##### 166. **Definition (Chapter 5)**

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

@@ -4316,7 +4324,7 @@

(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*

### Chapter 6

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

@@ -4330,7 +4338,7 @@

(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—

@@ -4364,9 +4372,9 @@

(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*)**

## PART 7 Complaints

##### 179. **Definition (Part 7)**

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

@@ -4422,11 +4430,11 @@

(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*)**

## PART 8 Compliance with and Enforcement of Relevant Obligations of Licensees

### Chapter 1

##### 182. **Interpretation (Part 8)**

**182.** In this Part—

@@ -4478,7 +4486,7 @@

(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*

### Chapter 2

##### 184. **Appointment of authorised officers**

@@ -4548,7 +4556,7 @@

(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.

(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.

@@ -4584,9 +4592,9 @@

(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.

(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.

@@ -4650,7 +4658,7 @@

### Chapter 3 *Compliance with relevant obligations: general*

### Chapter 3

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

@@ -4694,13 +4702,13 @@

**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

(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

(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:

(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;

@@ -4754,7 +4762,7 @@

(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*

### Chapter 4

##### 192. **Notice to licensee: contravention of relevant obligation**

@@ -4838,7 +4846,7 @@

(b) refuse the application.

### Chapter 5 *Directed investigation*

### Chapter 5

##### 195. **Power to direct investigation**

@@ -4868,7 +4876,7 @@

(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).*

(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”).

@@ -4896,9 +4904,9 @@

(e) to take no further action.

### Chapter 6 *Adjudication and decisions on adjudication*

##### 198. **Definitions (*Chapter 6*)**

### Chapter 6

##### 198. **Definitions (Chapter 6)**

**198.** In this Chapter—

@@ -5094,7 +5102,7 @@

(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 jurisdiction, 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—

@@ -5170,7 +5178,7 @@

(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.

(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—

@@ -5248,7 +5256,7 @@

(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—

@@ -5460,7 +5468,7 @@

**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*

### Chapter 7

##### 215. **Nomination of adjudication officers**

@@ -5516,9 +5524,9 @@

(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 *subsection (2)*, by notice in writing, inform the Authority and any licensee affected by a recusal under that subsection.

##### 218. **Regulations (*Chapter 7*)**

(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—

@@ -5536,7 +5544,7 @@

(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.

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

##### 219. **Assistance to adjudication officers**

@@ -5550,7 +5558,7 @@

(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*

### Chapter 8

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

@@ -5604,7 +5612,7 @@

(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—

(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

@@ -5628,9 +5636,9 @@

“Court” means the High Court.

## **PART 9** **Appeals**

##### 221. **Definition (*Part 9*)**

## 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.

@@ -5638,7 +5646,7 @@

**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

(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.

@@ -5654,7 +5662,7 @@

(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,

(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

@@ -5670,7 +5678,7 @@

**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

(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.

@@ -5760,7 +5768,7 @@

(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,

(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

@@ -5798,9 +5806,9 @@

(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*

## PART 10 Amendments to other Acts, Transitional and Savings Provisions and Consequential Amendments to other Acts

### Chapter 1

##### 227. **Amendment of Act of 1931**

@@ -5854,7 +5862,7 @@

“ ‘*Act of 2024*’ means the *Gambling Regulation Act 2024*;

‘gambling service’ means a gambling service within the meaning of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015[^2] on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, other than—

‘gambling service’ means a gambling service within the meaning of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015^2 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, other than—

(a) subject to subsection (3), a poker game provided at a premises,

@@ -5902,7 +5910,7 @@

(ii) in paragraph (e), by the substitution of “(d), (db) or (dc)” for “(d) or (db)”.

### Chapter 2 *Transitional provisions: Act of 1929 and regulations made under that Act*

### Chapter 2

##### 231. **Definition**

@@ -5914,7 +5922,7 @@

(2) The modifications referred to in *subsection (1)* are—

(a) a reference to setting up, maintaining, working or operating a totalisator by reference to a registered premises (within the meaning of the Act of 1931) where at any time on and after the relevant date there is no such premises shall be taken to refer to a premises of a licensee of an in-person betting licence or an inperson and remote betting licence,

(b) where *paragraph (a)* applies, a reference to the consent of the registered proprietor (within the meaning of the Act of 1931) of a registered premises shall be taken to be a reference to the consent of the licensee referred to in that paragraph, and

@@ -5924,7 +5932,7 @@

(4) Where, on the expiration of the period referred to in *subsection (1)* or on the surrender of a licence in accordance with *subsection (3)*, whichever first occurs, the holder of the licence holds undistributed funds, the holder shall arrange with the Authority to transfer the funds to the Social Impact Fund.

### Chapter 3 *Transitional provisions: Act of 1931 and regulations made under that Act*

### Chapter 3

##### 233. **Definition**

@@ -6070,7 +6078,7 @@

**245.** The Act of 1931 shall continue to apply in respect of a compliance notice served under section 32B of that Act before the relevant date that has not been withdrawn in accordance with that section before that date.

### Chapter 4 *Transitional provisions: Act of 1956 and regulations under that Act*

### Chapter 4

##### 246. **Definition**

@@ -6194,7 +6202,7 @@

(5) The Authority may retain the information referred to in *subsection (4)* for a period of 24 months commencing on the relevant date.

### Chapter 5 *Transitional provision: Act of 1975*

### Chapter 5

##### 255. **Transitional provisions: section 43 of Act of 1975**

@@ -6210,7 +6218,7 @@

(4) Subsections (6), (10) and (12) of section 43 of the Act of 1975 shall continue to apply during the period within which a gaming machine licence remains in force in accordance with this section.

### Chapter 6 *Transitional provisions: Act of 2010 and regulations made under that Act in relation to private members’ clubs that engage in gambling activities*

### Chapter 6

##### 256. **Definitions**

@@ -6280,7 +6288,7 @@

(3) The relevant enactments shall apply in respect of a certificate of personal fitness that issues following an appeal referred to in *subsection (1)* or *(2)*.

### Chapter 7 *Consequential amendments to other enactments*

### Chapter 7

##### 262. **Amendment of Act of 1958**

@@ -6358,7 +6366,7 @@

##### 263. **Amendment of section 1 of Street and House to House Collections Act 1962**

**263.** Section 1 of the Street and House to House Collections Act 1962 is amended in the definition of “collection” by the substitution of “collecting money in the course of providing a relevant gambling activity for a charitable or philanthropic purpose (within the meaning of the *Gambling Regulation Act 2024*) where the gambling licence for a charitable or philanthropic purpose specifies that the gambling activity concerned may be provided in the manner specified in section 114(2)(b)(ii) of that Act or collecting money in the course of providing a lottery for a charitable or philanthropic purpose in accordance with section 89 of that Act” for “collecting money for a lottery (including a sweepstake) declared by the Gaming and Lotteries Act 1956, not to be unlawful or to which that Act does not apply”.

**263.** F9[…]

##### 264. **Amendment of section 8 of Pawnbrokers Act 1964**

@@ -6524,7 +6532,7 @@

**268.** The Act of 2001 is amended by the substitution of the following section for section 17:

**“Betting licence issued under *Gambling Regulation Act 2024* to HRI, Rásaíocht Con Éireann or subsidiary**

**“Betting licence issued under Gambling Regulation Act 2024 to HRI, Rásaíocht Con Éireann or subsidiary**

**17.** (1) Where HRI, Rásaíocht Con Éireann or a subsidiary of HRI is a licensee of a betting licence under the *Act of 2024* and the licence authorises the body or subsidiary concerned to provide pool betting, that body or subsidiary, or where the licensee is Rásaíocht Con Éireann, a subsidiary authorised under section 18B(1)(b) of the Act of 1958, may, as such licensee or as such subsidiary so authorised—

@@ -6564,185 +6572,5 @@

##### 271. **Amendment of section 93 of Charities Act 2009**

**271.** (1) Section 93(a)(ii) of the Charities Act 2009 is amended by the substitution of the following paragraph for paragraph (b) in the definition of “exempt activity”:

“(b) collecting money in the course of providing a relevant gambling activity for a charitable or philanthropic purpose (within the meaning of the *Gambling Regulation Act 2024*) where the gambling licence for a charitable or philanthropic purpose specifies that the gambling activity concerned may be provided in the manner specified in *section 120(3)(b)(ii)* of that Act or collecting money in the course of providing a lottery for a charitable or philanthropic purpose in accordance with *section 92* of that Act;”.

(2) *Subsection (1)* shall come into operation on the coming into operation of *section 10*, in so far as it relates to the Act of 1956.

## **SCHEDULE 1** **Relevant Offence**

*Section 2*

1. Murder or manslaughter.

2. An offence under—

(1) this Act,

(2) section 48 of the Offences against the Person Act 1861,

(3) section 1 or 2 of the Punishment of Incest Act 1908,

(4) the Act of 1931,

(5) the Act of 1956,

(6) section 43 of the Finance Act 1975,

(7) the Misuse of Drugs Act 1977,

(8) section 2, 3 or 4 of the Criminal Law (Rape) (Amendment) Act 1990,

(9) the Criminal Damage Act 1991,

(10) section 6, 7, 7A or 9 of the Criminal Law (Sexual Offences) Act 1993,

(11) the Non-Fatal Offences against the Person Act 1997,

(12) section 1078 of Act of 1997,

(13) section 3, 4, 4A, 5, 5A or 6 of Child Trafficking and Pornography Act 1998,

(14) the Criminal Justice (Theft and Fraud Offences) Act 2001,

(15) section 2, 3, 3A or 4 of the Criminal Law (Sexual Offences) Act 2006,

(16) section 65 of the Consumer Protection Act 2007,

(17) section 4, 5 or 6 of the Criminal Law (Human Trafficking) Act 2008,

(18) the Act of 2010,

(19) section 2, 3 or 4 of the Criminal Justice (Female Genital Mutilation) Act 2012,

(20) sections 286, 389, 406, 876, 877 or 878 of the Act of 2014 or under that Act by a person while acting as a director (within the meaning of section 2(1) of that Act),

(21) section 3, 4, 5, 6, 7, 8, 21, 22 or 45 of the Criminal Law (Sexual Offences) Act 2017,

(22) section 39 of the Domestic Violence Act 2018,

(23) the Criminal Justice (Corruption Offences) Act 2018,

(24) section 2, 3 or 4 of the Harassment, Harmful Communications and Related Offences Act 2020,

(25) the Counterfeiting Act 2021,

(26) any enactment where the offence involves dishonesty,

(27) any enactment where the offence relates to excise duty on betting,

(28) an offence under the law of a place (other than the State)—

(a) consisting of an act or omission, that, if committed in the State, would constitute the offence of murder or manslaughter or an offence referred to in any of *subparagraphs (1)* to *(27)*, or

(b) relating to the conduct of gambling activities.

## **SCHEDULE 2**

*Section 10*

## **PART 1** **Acts Repealed**

1. Gaming Act 1744.

2. Betting Act 1853.

3. Section 17(2) of the Licensing Act 1872.

4. Section 1 of the Betting and Loans (Infants) Act 1892.

5. The Act of 1929.

6. The Act of 1931.

7. The Act of 1956.

8. Section 22(5) of the Finance (Miscellaneous Provisions) Act 1956.

9. Section 40(5) and (6) of the Act of 1958.

10. Section 43 of the Act of 1975.

11. Section 24(1)(d) of the Fire Services Act 1981.

12. Section 98 of the Central Bank Act 1989.

13. Section 4(4) of the Netting of Financial Contracts Act 1995.

14. Section 25(1)(g) and (h), section 109, section 109A to 109E of the Act of 2010.

15. Section 50 of the Act of 2013.

## **PART 2** **Statutory Instruments Revoked**

1. The following statutory instruments made under section 3 of the Act of 1929:

(a) Totalisator Act, 1929 Totalisator Licence (S.I. No. 250 of 1989);

(b) Totalisator Act, 1929 Totalisator Licence (S.I. No. 25 of 1993);

(d) Totalisator Act, 1929 Totalisator Licence (S.I. No. 411 of 1998).

2. The following statutory instruments made under section 6 of the Act of 1929:

(a) Totalisator (Greyhound Race Track) Regulations 1971 (S.I. No. 58 of 1971);

(b) Totalisator (Greyhound Race Track) (Amendment) Regulations 1989 (S.I. No. 232 of 1989);

(d) Totalisator (Horse Racing) (Amendment) Regulations 2012 (S.I. No. 524 of 2012).

3. Betting Act (District Court and Garda Síochána) Regulations, 1926 (S.I. No. 49 of 1926).

4. The following statutory instruments made under the Act of 1931:

(a) Betting Act (Revenue Forms) Regulations 1931 (S.I. No. 80 of 1931);

(b) Betting Act (District Court and Garda Síochána) Regulations, 1931 (S.I. No. 81 of 1931);

(d) Betting Act (Revenue Forms) Regulations, 1988 (S.I. No. 300 of 1988);

(e) Betting Act (Revenue Forms) Regulations, 1999 (S.I. No. 225 of 1999);

(f) Betting Act (Revenue Forms) Regulations 2007 (S.I. No. 618 of 2007).

5. The following statutory instruments made under the Act of 1956:

(a) Periodical Lotteries Regulations 1961 (S.I. No. 212 of 1961);

(b) Periodical Lotteries Regulations 1966 (S.I. No. 32 of 1966).

6. The following statutory instruments made under the National Lottery Act 1986:

(a) Lottery Prizes Regulations 1987 (S.I. No. 72 of 1987);

(b) Lottery Prizes Regulations 2002 (S.I. No. 29 of 2002).

7. The European Communities (Financial Instruments Analogous to Prize Bonds) Regulations 2008 (S.I. No. 419 of 2008).

8. Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (section 25) (Prescribed Class of Designated Person) Regulations 2018 (S.I. 487 of 2018).

9. Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (section 109B) (Certificate of Fitness) Regulations 2022 (S.I. No. 272 of 2022).

## **SCHEDULE 3** **Maximum Relevant Payment and Maximum Winnings**

*Section 82*

| **Maximum relevant payment and maximum winnings** | | |

| --- | --- | --- |

| **Description** **(1)** | **Maximum relevant payment** **(2)** | **Maximum winnings** **(3)** |

| Relevant game | €10 | €3,000 |

| Relevant lottery (other thanonce-off lottery and bingo) | €10 | €5,000 per week |

| Ticket for bingo | €10 | |

| Book of tickets for bingo | €30 | |

| Relevant lottery (once-off lottery other than once-off bingo) | €10 | €360,000 |

| Ticket for once-off bingo | €10 | |

| Book of tickets for once-off bingo | €30 | |

| Gambling licence for charitable or philanthropic purpose | lottery: no maximum game: no maximum pool betting: no maximum | lottery: €30,000 per week game: €3,000 per game |

| Gambling licence for charitable or philanthropic purpose: once-off activity | lottery: no maximum game: no maximum pool betting: no maximum | lottery: €360,000 game: €360,000 pool betting: no maximum |

**271.** F10[…]