National Lottery Act 2013
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Notification to operator regarding financial sanction | ||
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34. (1) Where the Regulator considers that the operator has failed to comply with a direction under section 33 , the Regulator shall notify the operator that he or she intends to apply to the High Court for a determination that there has been a breach of this Act or a term or condition of the licence or has failed to comply with an investigation, and that the court impose a financial sanction, unless the operator requests, within such period as the Regulator allows, not being less than 14 days, that the Regulator deal with the matter and indicate the amount of the financial sanction (not exceeding €250,000) that it proposes, if the matter is dealt with by the Regulator. | ||
(2) A notification under subsection (1) may indicate the amount of the financial sanction (not exceeding €500,000) that it intends to recommend to the Court, if the matter is dealt with by the Court under section 35 . | ||
(3) Where the operator fails to make a request under subsection (1) within the period referred to in that subsection or informs the Regulator that no such request will be made, the Regulator shall apply to the High Court for a determination that there has been a breach of this Act or a term or condition of the licence or a failure to co-operate with an investigation by the operator. | ||
(4) Where the operator makes a request under subsection (1), the Regulator shall afford the operator an opportunity to make submissions at a hearing before the Regulator in respect of the matter. | ||
(5) The Regulator shall make rules providing for the conduct of a hearing under subsection (4). The rules may include provision for an oral or other form of hearing, as appropriate, and for the taking of evidence whether orally or otherwise, as appropriate, and the applicable rules of evidence. | ||
(6) The Regulator may not award costs or expenses to any party in relation to a hearing under subsection (4). |