Gambling Regulation Act 2024
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Power of adjudication officer to issue direction to Authority or licensee | ||
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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). |