Gambling Regulation Act 2024
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Chapter 8 Emergency orders in respect of licensees | ||
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Application to Court for emergency orders in respect of licensees | ||
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220. (1) The Authority may make an ex parte application to the Court for a temporary order under subsection (2) in respect of a licensee where it considers that there is an urgent need, until further steps are taken by the Authority, to act in order to protect— | ||
(a) the public from the serious consequences of an ongoing contravention of a relevant obligation by a licensee, or | ||
(b) relevant funds contained in a Segregated Customer Account. | ||
(2) On the hearing of an application under subsection (1), the Court may, where it considers that there is an urgent need to act for the purposes of paragraph (a) or (b) of that subsection, make one or more of the following orders directing that— | ||
(a) the gambling licence of a licensee be suspended with immediate effect, | ||
(b) the licensee cease providing a relevant gambling activity or a relevant gambling product or relevant gambling related service, | ||
(c) an internet service provider or a provider of an online application store service, as the case may be, block access to a relevant gambling activity provided by the licensee concerned or to a website where a relevant gambling product or relevant gambling related service is advertised, sold or supplied, | ||
(d) a bank shall not, without leave of the Court, receive any payment into a bank account of the licensee in the licensee’s capacity as a licensee, | ||
(e) a bank shall not, without leave of the Court, make any payment out of a bank account of the licensee in the licensee’s capacity as a licensee, | ||
(f) the licensee concerned shall not, without leave of the Court, dispose of, or direct or facilitate the disposal of, any of the licensee’s assets, | ||
(g) the licensee concerned shall not, without leave of the Court, reduce the licensee’s assets below a specified amount or value, | ||
(h) the licensee shall not remove the licensee’s assets from the State, or | ||
(i) the licensee shall lodge, or cause to be lodged, any money received by the licensee to the appropriate Segregated Customer Account, unless otherwise ordered by the Court. | ||
(3) Where section 109 applies and the Authority has serious concerns in relation to the relevant applicant referred to in that subsection, it may make an ex parte application to the Court for an order under subsection (4). | ||
(4) On the hearing of an application under subsection (3), the Court, where it is satisfied that there are good and substantial reasons to do so, may make an order directing that the licence concerned be suspended with immediate effect. | ||
(5) In addition to the orders that may be made under subsection (2) or (4), the Court may, on hearing an application under subsection (1) or (3), make such other order as it considers appropriate in the circumstances. | ||
(6) The Court may, for the purposes of an application made under subsection (1), make one or more of the following further orders directing— | ||
(a) a bank to furnish any information in its possession relating to the financial affairs of the licensee in the licensee’s capacity as a licensee, | ||
(b) in the case of a licensee who is an individual, that individual to swear an affidavit disclosing information relating to assets held in his or her own name or held jointly with third parties, or | ||
(c) in the case of a licensee that is a body corporate, a relevant officer or a beneficial owner, or both, of the licensee to swear an affidavit disclosing information relating to assets held in the name of the body corporate concerned or jointly with third parties. | ||
(7) Where the Court is satisfied that there is reason to believe that a person holds or has held assets on behalf of a licensee, the Court may order the person— | ||
(a) to disclose all information as to such assets in the person’s possession or power to procure, or | ||
(b) to disclose— | ||
(i) all information as to such assets which had been but are no longer in the person’s possession or power to procure, and | ||
(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— | ||
(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 | ||
(b) to carry on a business, trade, profession or other occupation to which the asset or payment relates. | ||
(9) The Court may, on application to it by a person affected by an order under this section, discharge such order where it is satisfied that the basis on which the order was made no longer applies and that it is in the interests of justice to do so. | ||
(10) The Court may not require the Authority to give any undertaking as to damages as a condition for the granting of an order under subsection (2), (4), (5), (6) or (7). | ||
(11) The hearing of an application under this section shall be conducted in public unless the Court directs that, due to the existence of special circumstances, the proceedings (or part thereof) should be conducted otherwise than in public. | ||
(12) Where the relevant gambling activity referred to in paragraph (b) of subsection (2) is advertising a gambling activity, the Court may direct the Authority to publish on its website details of the order concerned. | ||
(13) In this section— | ||
“bank” means— | ||
(a) a regulated financial service provider, or | ||
(b) a bank outside the State; | ||
“Court” means the High Court. |