Gambling Regulation Act 2024
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Action by Authority in relation to alleged contravention of relevant obligation | ||
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190. (1) Where the Authority is of the opinion that a licensee has contravened or is contravening a relevant obligation, the Authority may, having regard to the matters set out in subsection (2)— | ||
(a) enter into an agreement with the licensee in accordance with section 191 , | ||
(b) proceed to deal with the alleged contravention under Chapter 4, or | ||
(c) carry out a directed investigation in accordance with Chapter 5. | ||
(2) In determining whether to proceed in accordance with paragraph (a), (b) or (c) of subsection (1), the Authority shall have regard to the following matters: | ||
(a) the nature and gravity of the alleged contravention; | ||
(b) the duration of the alleged contravention; | ||
(c) whether the objective of the exercise of the power is primarily to deter others; | ||
(d) whether the objective of the exercise of the power is primarily to achieve compliance; | ||
(e) the damage which may be caused by the alleged contravention; | ||
(f) how easily such damage may be repaired; | ||
(g) any gain made or loss avoided by the licensee or any connected person through the alleged contravention; | ||
(h) any previous notice of non-compliance issued to the licensee, any previous condition, suspension or revocation of a licence of that licensee under that Chapter, any sanction imposed on the licensee previously under Chapter 6 and any conviction of the licensee for an offence under this Act. | ||
(3) In this section— | ||
“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; | ||
“civil partner” has the same meaning as it has in the Act of 2010; | ||
“cohabitant” means a cohabitant within the meaning of section 172(1) of the Act of 2010; | ||
“connected person” means, in relation to a person— | ||
(a) a connected relative of the person, | ||
(b) a company or other body corporate of which the person is a member or a connected relative of the person, or a nominee of either of them, is a member, | ||
(c) a partnership in which the person or a connected relative of the person is a partner, or | ||
(d) an employer of the person or of a connected relative of the person; | ||
“connected relative” means, in relation to a person— | ||
(a) the person’s spouse or the civil partner or cohabitant of the person, or | ||
(b) a parent, brother, sister or child of— | ||
(i) the person, or | ||
(ii) the person’s spouse or the civil partner or cohabitant of the person; | ||
“nominee” means a person named to act as the agent or representative of another person. |