Gambling Regulation Act 2024

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Number 35 of 2024

GAMBLING REGULATION ACT 2024

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Reference to providing betting activity

4. Reference to providing game

5. Reference to providing lottery

6. Unenforceability of contracts: bookmakers

7. Expenses

8. Service of documents

9. Regulations

10. Repeals and revocations

PART 2

Gambling Regulatory Authority of Ireland

Chapter 1

Establishment, functions and governance of Authority

11. Definition (Chapter 1)

12. Establishment day

13. Establishment of Gambling Regulatory Authority of Ireland

14. Membership of Authority

15. Functions of Authority

16. Recommendation for appointment of members of Authority

17. Terms and conditions of membership of Authority

18. Power to appoint consultants and advisers and enter into contracts

19. Procedures of Authority

20. Committees of Authority

21. Chief executive

22. Functions of chief executive

23. Delegation of functions of chief executive

24. Accountability of chief executive to Public Accounts Committee

25. Accountability of chief executive to other Oireachtas Committees

26. Staff of Authority

27. Superannuation

28. Annual accounts

29. Annual report

30. Strategy statement

31. Codes of practice

32. Conduct of research

33. Review of operation of Act and consideration of issues of concern

34. Request from Minister to Authority for report

35. Information sharing agreements with persons in State

36. Amendment of National Archives Act 1986

Chapter 2

Funding of Authority and fees

37. Definitions (Chapter 2)

38. Power to charge fees

39. Advances by Minister to Authority

40. Funding of Authority

41. Power to impose charge to fund Authority

42. Power to recover fees and charges

43. Obligation to provide information to Minister and Minister for Public Expenditure, National Development Plan Delivery and Reform

Chapter 3

National Gambling Exclusion Register

44. Definition (Chapter 3)

45. National Gambling Exclusion Register

46. Obligations of licensee to person whose name is entered on National Gambling Exclusion Register

47. Removal of entry on National Gambling Exclusion Register

48. Right of self-exclusion by person directly with licensee not affected

49. Review of operation of National Gambling Exclusion Register

Chapter 4

Social Impact Fund

50. Establishment of Social Impact Fund

51. Payments out of Social Impact Fund

52. Payment of expenses of Authority from Social Impact Fund

53. Money transferred to Social Impact Fund following closure of gambling account

54. Funding of Social Impact Fund

55. Obligation to keep account of expenditure of money received from Social Impact Fund

56. Direction of Minister

57. Accounts: Social Impact Fund

PART 3

Provisions Applicable to Authority, Appeals Panel and Adjudication Officers

58. Definition (Part 3)

59. Ineligibility to become and disqualification to act as member of relevant office or as adjudication officer

60. Membership of either House of Oireachtas, European Parliament or local authority

61. Removal of member of relevant office

62. Non-disclosure of confidential information

63. False or misleading information, documentation or evidence

64. Restriction of rights and obligations under Data Protection Regulation

65. Regulations for purposes of data protection

66. Amendment of Freedom of Information Act 2014

PART 4

Prohibitions and Offences (General)

Chapter 1

Prohibitions: gambling activities and offence of cheating

67. Prohibition on providing betting activity, game or lottery

68. Employees, servants or agents of licensee providing relevant gambling activity

69. Prohibition on betting intermediaries acting other than by remote means

70. Prohibition on sale or supply of gambling product or gambling related service

71. Prohibition on purchase of gambling product or gambling related service

72. Gambling licensees and software for use in gambling

73. Prohibition on transfer, assignment or encumbrance of gambling licence

74. Cheating at relevant gambling activity

Chapter 2

Applications to Court in respect of persons providing gambling activity in contravention of Chapter 1

75. Application to Court to direct relevant person to cease prohibited gambling activity and related matters

Chapter 3

Provisions related to offences: general

76. Liability of relevant officers and beneficial owners

77. Summary proceedings

78. Time limit for offences: summary proceedings

79. Jurisdiction

80. Costs of prosecution

81. Suspension or revocation of gambling licence on conviction for offence

PART 5

Licensing of Gambling Activities

Chapter 1

Preliminary and General

82. Definitions (Part 5)

83. Regulations (Part 5)

Chapter 2

Gambling licences and register of gambling licensees

84. Gambling licences

85. Betting licences

86. Gaming licences

87. Lottery licences

88. Gambling licence for charitable or philanthropic purpose

89. Business to Business gambling licences

90. Register of gambling licensees

Chapter 3

Gambling activities exempt from requirement to hold gambling licence

91. Application (Chapter 3)

92. Certain lotteries held for charitable or philanthropic purpose not requiring gambling licence

93. Certain lotteries held in conjunction with selling or marketing of products not requiring gambling licence

Chapter 4

Applications for gambling licences: general

94. Definitions (Chapter 4)

95. Public notice of intention to apply for gambling licence

96. Information and documentation to accompany application for gambling licence: general

97. Information and documentation to accompany application: applications, licences, permits or certificates under relevant Acts

98. Information and documentation to accompany application where gambling activity to be provided in-person

99. Assessment of suitability of premises

100. Assessment of suitability of premises for children

101. Assessment of suitability of premises for automated teller machine

102. Information and documentation to accompany application where gambling activity to be provided by remote means

103. Assessment of information and documentation provided under section 102(1)(b) and (c)

104. Information and documentation to accompany application for renewal of gambling licence

105. Further information sought by Authority following receipt of application for gambling licence

106. Arrangement with person outside State performing similar functions to Authority

Chapter 5

Gambling licences issued under this Part

107. Issue of gambling licence following decision to grant gambling licence

108. Duration gambling licence remains in force

109. Transfer of gambling licence in certain circumstances

110. Display and production of gambling licence

111. Offence: falsely representing licence, registration number, as licensee or authorised officer

Chapter 6

Applications for Business to Consumer licences: betting, gaming and lottery licences

112. Application for Business to Consumer gambling licence

113. Application for lottery licence: once-off lottery

114. Determination by Authority of application for Business to Consumer gambling licence

115. Renewal of Business to Consumer gambling licence

116. Application by licensee of in-person gambling licence to add premises to licence

117. Application to vary certain relevant gambling activities provided pursuant to certain Business to Consumer gambling licences

Chapter 7

Applications for grant and renewal of gambling licences for charitable or philanthropic purpose

118. Application for gambling licence for charitable or philanthropic purpose

119. Application for gambling licence for charitable or philanthropic purpose: once-off activity

120. Determination by Authority of application for gambling licence for charitable or philanthropic purpose

121. Renewal of gambling licence for charitable or philanthropic purpose

122. Application to vary relevant gambling activity for a charitable or philanthropic purpose

Chapter 8

Standards and certification of certain gambling products and gambling related services and applications for grant and renewal of Business to Business gambling licences

123. Power to set standards for certain gambling products and gambling related services

124. Application for certification of gambling product or gambling related service where standards in effect in accordance with section 123

125. Application for Business to Business gambling licence

126. Determination by Authority of application for Business to Business gambling licence

127. Renewal of Business to Business gambling licence

128. Application to vary relevant gambling product or relevant gambling related service

Chapter 9

Conditions attaching to gambling licences

129. Regulations (Chapter 9)

130. Conditions attaching to gambling licences: general

131. Conditions attaching to Business to Consumer gambling licences and gambling licences for charitable or philanthropic purpose

132. Notice to Authority of change of information given under section 98(1)

133. Notice to Authority of change in information given under section 102

134. Additional conditions: Business to Consumer gambling licences

135. Establishment and maintenance of Segregated Customer Account

136. Regulations: Segregated Customer Accounts

137. Additional condition: game provided under gaming licence or gambling licence for charitable or philanthropic purpose

138. Additional conditions: lottery licences

139. Additional conditions: gambling licence for charitable or philanthropic purpose

140. Conditions attaching to Business to Business gambling licence

PART 6

Obligations on Licensees and Other Persons

Chapter 1

Obligations on licensees and other persons: advertising, branded clothing and engagement of children in providing relevant gambling activity

141. Interpretation (Chapter 1 – Part 6)

142. Obligation not to engage child as employee, servant or agent providing relevant gambling activity

143. Obligations on licensees in relation to advertising: general

144. Regulations regarding advertisements

145. Advertising by licensee by means of audiovisual on-demand media service or on-demand sound service

146. Advertising on social media service and video-sharing platform service

147. Advertising by licensee by means of electronic communication

148. Prohibited material in advertisement

149. Prohibited hours for advertising on certain media

150. Application to High Court to direct cessation of advertising activity

151. Prohibition on branded clothing and merchandise

Chapter 2

Obligations on licensees: general

152. Obligation on licensees to maintain records and accounts

153. Obligation to notify Authority of changes

Chapter 3

Obligations on certain licensees: suspicious gambling patterns, inducements, participation of children and sponsorship

154. Application (Chapter 3)

155. Obligation to pay out winnings

156. Obligation to notify Authority of suspicious gambling patterns

157. Offering inducement to gamble

158. Obligation not to permit child participate in relevant gambling activity

159. Sponsorship

Chapter 4

Obligations on certain Business to Consumer licensees: training, provision of facility for participants to set monetary limit and forms of payment for relevant gambling activities

160. Interpretation (Chapter 4)

161. Application (Chapter 4)

162. Approved training programme

163. Obligation to ensure approved training programme completed by staff in relevant post

164. Obligation to provide facility to enable participant to set monetary limit

165. Obligation in respect of method of payment for relevant gambling activity

Chapter 5

Obligations on licensees of remote gambling licences

166. Definition (Chapter 5)

167. Obligations before providing relevant gambling activity by remote means

168. Obligation to establish and maintain register of account-holders

169. Application to open gambling account with licensee of remote gambling licence

170. Requirement to lodge money in gambling account

171. Obligation to close gambling account

172. Obligation to provide copy of terms and conditions of relevant gambling activity provided by remote means

173. Obligation to provide information to account-holder

174. Protection of children

175. Obligation not to provide relevant gambling activities by remote means on certain days or at certain times

Chapter 6

Obligations on licensees of in-person gambling licences

176. Obligations in respect of opening hours and use of premises

177. Obligation in relation to children on premises

178. Obligation in relation to withdrawal of cash on premises

PART 7

Complaints

179. Definition (Part 7)

180. Complaints about licensees

181. Regulations regarding complaints

PART 8

Compliance with and Enforcement of Relevant Obligations of Licensees

Chapter 1

Preliminary and general

182. Interpretation (Part 8)

183. Privileged legal material

Chapter 2

Authorised officers

184. Appointment of authorised officers

185. Powers of authorised officers

186. Search warrants

187. Data sharing: Act of 1958 and Act of 1994

Chapter 3

Compliance with relevant obligations: general

188. Obligation on licensees to furnish compliance report and information and documentation

189. Application to District Court to compel production of information and documentation

190. Action by Authority in relation to alleged contravention of relevant obligation

191. Power of Authority to enter agreement with a licensee in respect of alleged contravention of relevant obligation

Chapter 4

Notice of non-compliance

192. Notice to licensee: contravention of relevant obligation

193. Notice of non-compliance

194. Suspension or revocation of licence following notice of non-compliance

Chapter 5

Directed investigation

195. Power to direct investigation

196. Report of authorised officer

197. Action by Authority after consideration of investigation report

Chapter 6

Adjudication and decisions on adjudication

198. Definitions (Chapter 6)

199. Adjudication by adjudication officers or panel

200. Imposition of financial penalty and criminal proceedings

201. Administrative sanction: suspension or revocation of gambling licence or imposition of condition on gambling licence

202. Action by adjudication officer after assignment to conduct adjudication

203. Decision as to contravention and imposition of administrative sanction

204. Notice of administrative sanction

205. Taking effect of decision as to contravention and taking effect of administrative sanction

206. Limitations on amount of financial penalty imposed as administrative sanction

207. Appeal against decision as to contravention and imposition of administrative sanction

208. Circuit Court confirmation of decision as to contravention and administrative sanction

209. Reference on point of law to High Court

210. Power of adjudication officer to issue direction to Authority or licensee

211. Oral hearing

212. Orders for costs in proceedings before adjudication officer

213. Regulations in relation to proceedings before adjudication officer

214. Treatment of amounts paid in respect of financial penalties

Chapter 7

Adjudication officers

215. Nomination of adjudication officers

216. Appointment of adjudication officers

217. Independence of adjudication officer

218. Regulations (Chapter 7)

219. Assistance to adjudication officers

Chapter 8

Emergency orders in respect of licensees

220. Application to Court for emergency orders in respect of licensees

PART 9

Appeals

221. Definition (Part 9)

222. Appeals to Circuit Court

223. Appeals to Appeals Panel

224. Appeals Panel

225. Application to Appeals Panel and determination of appeal by appeals officer or Appeals Board

226. Appeal procedures

PART 10

Amendments to other Acts, Transitional and Savings Provisions and Consequential Amendments To other Acts

Chapter 1

Amendments to other Acts

227. Amendment of Act of 1931

228. Prohibition on employment of child or young person in providing relevant gambling activity

229. Amendment of Act of 2002

230. Amendment of Act of 2010

Chapter 2

Transitional provisions: Act of 1929 and regulations made under that Act

231. Definition

232. Totalisator licences under Act of 1929

Chapter 3

Transitional provisions: Act of 1931 and regulations made under that Act

233. Definition

234. Transitional provision: general

235. Transitional provisions: bookmaker’s license under section 7 of Act of 1931

236. Transitional provision: certificates of personal fitness under sections 4 and 5 of Act of 1931 for bookmaker’s licence

237. Transitional provision: remote bookmaker’s licence under section 7B of Act of 1931

238. Transitional provision: remote betting intermediary’s licence under section 7C of Act of 1931

239. Transitional provision: certificates of personal fitness under section 5A for remote bookmaker’s licence or remote betting intermediary’s licence

240. Transitional provision: certificates of suitability of premises under section 10 of Act of 1931

241. Transitional provision: registration under section 12 of Act of 1931 in register of bookmaking offices

242. Transitional provision: revocation of licence or registration by court under section 15 of Act of 1931

243. Transitional provision: revocation of certain licences by Minister for Justice under section 16 of Act of 1931

244. Transitional provision: registers under Act of 1931

245. Transitional provision: compliance notice under section 32B of Act of 1931

Chapter 4

Transitional provisions: Act of 1956 and regulations under that Act

246. Definition

247. Transitional provision: general

248. Transitional provision: contracts or debts referred to in section 36 of Act of 1956

249. Transitional provision: gaming permits under Part II of Act of 1956

250. Transitional provision: gaming licences under Part III of Act of 1956

251. Transitional provision: lottery permits under Part IV of Act of 1956

252. Transitional provision: lottery licences under Part IV of Act of 1956

253. Transitional provision: revocation of licences and permits under Part V of Act of 1956

254. Registers of gaming permits, gaming licences, lottery permits and lottery licences under Act of 1956

Chapter 5

Transitional provision: Act of 1975

255. Transitional provisions: section 43 of Act of 1975

Chapter 6

Transitional provisions: Act of 2010 and regulations made under that Act in relation to private members’ clubs that engage in gambling activities

256. Definitions

257. Transitional arrangements: general

258. Transitional arrangement: maintenance of register under section 109 of Act of 2010

259. Transitional arrangement: registration on the register

260. Transitional arrangement: certificate of fitness under section 109B of Act of 2010

261. Transitional arrangement: Appeal under section 109E of Act of 2010 where application for certificate of fitness refused

Chapter 7

Consequential amendments to other enactments

262. Amendment of Act of 1958

263. Amendment of section 1 of Street and House to House Collections Act 1962

264. Amendment of section 8 of Pawnbrokers Act 1964

265. Amendment of Act of 1994

266. Amendment of Consumer Credit Act 1995

267. Amendment of Act of 1997

268. Amendment of Act of 2001

269. Amendment of Local Government Act 2001

270. Amendment of section 2 of Criminal Justice (Public Order) Act 2003

271. Amendment of section 93 of Charities Act 2009

SCHEDULE 1

Relevant Offence

SCHEDULE 2

PART 1

Acts Repealed

PART 2

Statutory Instruments Revoked

SCHEDULE 3

Maximum Relevant Payment and Maximum Winnings

Acts Referred to

Betting (Amendment) Act 2015 (No. 7)

Betting Act 1853 (16 & 17 Vict.,) c. 119

Betting Act 1931 (No. 27)

Betting and Loans (Infants) Act 1892 (55 & 56 Vict.) c. 4

Broadcasting Act 2009 (No. 18)

Central Bank Act 1942 (No. 22)

Central Bank Act 1989 (No. 16)

Charities Act 2009 (No. 6)

Child Trafficking and Pornography Act 1998 (No. 22)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Communications Regulation Act 2002 (No. 20)

Companies Act 2014 (No. 38)

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

Consumer Credit Act 1995 (No. 24)

Consumer Protection Act 2007 (No. 19)

Counterfeiting Act 2021 (No. 16)

Credit Union Act 1997 (No. 15)

Criminal Damage Act 1991 (No. 31)

Criminal Justice (Corruption Offences) Act 2018 (No. 9)

Criminal Justice (Female Genital Mutilation) Act 2012 (No. 11)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)

Criminal Justice (Public Order) Act 2003 (No. 16)

Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50)

Criminal Law (Human Trafficking) Act 2008 (No. 8)

Criminal Law (Rape) (Amendment) Act 1990 (No. 32)

Criminal Law (Sexual Offences) Act 1993 (No. 20)

Criminal Law (Sexual Offences) Act 2006 (No. 15)

Criminal Law (Sexual Offences) Act 2017 (No. 2)

Data Protection Act 2018 (No. 7)

Domestic Violence Act 2018 (No. 6)

Electoral Reform Act 2022 (No. 30)

European Parliament Elections Act 1997 (No. 2)

Finance (Miscellaneous Provisions) Act 1956 (No. 47)

Finance Act 1975 (No. 6)

Finance Act 1992 (No. 9)

Finance Act 2002 (No. 5)

Fire Services Act 1981 (No. 30)

Freedom of Information Act 2014 (No. 30)

Gaming Act 1744 (18 Geo. 2.) c. 34

Gaming and Lotteries Act 1956 (No. 2)

Gaming and Lotteries Acts 1956 to 2003

Greyhound Industry Act 1958 (No. 12)

Harassment, Harmful Communications and Related Offences Act 2020 (No. 32)

Horse and Greyhound Racing Act 2001 (No. 20)

Interpretation Act 2005 (No. 23)

Irish Horseracing Industry Act 1994 (No. 18)

Licensing Act 1872 (35 & 36 Vict., c. 94)

Local Government Act 2001 (No. 37)

Mercantile Marine Act 1955 (No. 29)

Misuse of Drugs Act 1977 (No. 12)

National Archives Act 1986 (No. 11)

National Lottery Act 1986 (No. 28)

National Lottery Act 2013 (No. 13)

National Treasury Management Agency Act 1990 (No. 18)

Netting of Financial Contracts Act 1995 (No. 25)

Non-Fatal Offences against the Person Act 1997 (No. 26)

Offences against the Person Act 1861 (24 & 25 Vict., c.100)

Pawnbrokers Act 1964 (No. 31)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93)

Protection of Young Persons (Employment) Act 1996 (No. 16)

Punishment of Incest Act 1908 (8 Edw. 7 c.45)

Street and House to House Collections Act 1962 (No. 13)

Taxes Consolidation Act 1997 (No. 39)

Totalisator Act 1929 (No. 22)

Number 35 of 2024

GAMBLING REGULATION ACT 2024

An Act to provide for the establishment of a body to be known as Údarás Rialála Cearrbhachais na hÉireann or, in the English language, the Gambling Regulatory Authority of Ireland for the purposes of licensing and regulating betting, gaming, certain lotteries and the sale or supply of products or services related to gambling; to provide for the funding of that Authority by means of imposition of a charge on licensees; to provide for the establishment and maintenance of a register of persons who hold gambling licences in the State and a National Gambling Exclusion Register; to provide for the establishment of a Social Impact Fund to, among other matters, finance research into, raise awareness of, and eliminate or reduce, compulsive and excessive gambling; to provide for contributions to the Fund by certain licensees; to provide for the imposition of obligations on those licensees including obligations relating to advertising, inducements and sponsorship for the purposes of safeguarding persons participating in gambling; to provide for the prohibition of children participating in gambling or being employed in the gambling industry; to provide, for the purposes of ensuring conditions attached to gambling licences and obligations imposed on licensees are complied with, for compliance and enforcement measures; and for those and other purposes to repeal the Gaming Act 1744 , the Betting Act 1853 , the Totalisator Act 1929 , the Betting Act 1931 , the Gaming and Lotteries Act 1956 and certain provisions of certain other Acts, to revoke certain statutory instruments and to provide for the consequential amendment of certain other enactments; to provide for transitional arrangements; to amend the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 for the purpose of giving further effect to Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015¹ on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing; and to provide for related matters.

[23rd October, 2024]

Be it enacted by the Oireachtas as follows:

¹ OJ No. L141, 5.6.2015, p. 73