Gambling Regulation Act 2024
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National Gambling Exclusion Register | ||
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45. (1) The Authority shall, as soon as is practicable after the coming into operation of this section, cause to be established and maintained, in such form as it considers appropriate, a Register to be known as the National Gambling Exclusion Register. | ||
(2) The National Gambling Exclusion Register shall— | ||
(a) contain information on persons who have excluded themselves from participating in relevant gambling activities by remote means with licensees of Business to Consumer gambling licences, | ||
(b) be established and maintained in such a way as to enable the licensees referred to in paragraph (a) to view, in real time, the information contained in the Register, and | ||
(c) be established and maintained in such a way as to enable a person, referred to in paragraph (a), to view the information contained in the Register which relates to himself or herself. | ||
(3) The Authority may require Business to Consumer licensees who provide a relevant gambling activity by remote means to take such action as it may specify for the purposes of promoting the National Gambling Exclusion Register. | ||
(4) A person may make an application to the Authority, in such form as may be specified by it, to be entered in the National Gambling Exclusion Register requesting that he or she be excluded from participating in relevant gambling activities by remote means— | ||
(a) subject to section 47 , for an indefinite period of time, and | ||
(b) with all licensees of a Business to Consumer gambling licence who provide relevant gambling activities by remote means. | ||
(5) The following information shall be entered on the National Gambling Exclusion Register in respect of a person who makes an application under subsection (4): | ||
(a) his or her name and address; | ||
(b) the date (in this Chapter referred to as the “relevant date”) from which he or she is excluded from participation, being a date not earlier than one day after the information is entered in the Register; | ||
(c) where the person is an account-holder with one or more than one licensee of a Business to Consumer gambling licence, details of each account held with each such licensee; | ||
(d) such other information as the Authority considers appropriate. | ||
(6) The Authority shall, as soon as practicable after information is entered in the National Gambling Exclusion Register in respect of a person, notify the licensee or licensees referred to in subsection (5)(c) in writing of that fact and, subject to subsection (7) and section 17 of the Act of 2010, each licensee so notified shall, where the person concerned is an account-holder with the licensee, refund any money in that person’s gambling account with the licensee to that person within 7 days from the date specified in the notice. | ||
(7) Where regulations have been made under section 167 (3) and the person concerned has more than one gambling account with a licensee of a Business to Consumer gambling licence, the obligation in subsection (6) to refund money shall apply in respect of each gambling account the person has with the licensee. | ||
(8) A licensee of a Business to Consumer gambling licence who fails, on being notified under subsection (6), to refund money in accordance with that subsection is guilty of an offence and is liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both. | ||
(9) The Authority shall ensure the National Gambling Exclusion Register is kept up to date and is accurate and, for that purpose, the Authority shall make such alterations to the entries in the Register as it considers necessary. | ||
(10) The Authority shall, as soon as practicable after making an alteration to an entry in the National Gambling Exclusion Register under subsection (9), give notice in writing of that fact to a person in respect of whom an entry has been made in the Register and to which entry the alteration relates unless the alteration was made under that subsection pursuant to a notification received under subsection (11). | ||
(11) A person shall notify the Authority in writing of an error in an entry in the National Gambling Exclusion Register relating to him or her or of a change in circumstances that is likely to have a bearing on the accuracy of an entry as soon as practicable after he or she becomes aware of the error or change in circumstances. | ||
(12) Every document purporting to be a copy of or an extract from an entry in the National Gambling Exclusion Register and purporting to be certified, either by the chief executive or a member of staff of the Authority authorised in that behalf by the chief executive, to be a true copy of or extract from such entry shall, without proof of the signature of the chief executive or the member of staff concerned, be received in evidence in any legal proceedings and shall, unless the contrary is proved, be deemed to be a true copy of or extract from such entry and shall be evidence of the matters stated in such including in so far as the copy or extract indicates that a person— | ||
(a) is or is not entered in the Register, or | ||
(b) was or was not, at a specified date or during a specified period, entered in the Register. |