NATIONAL LOTTERY ACT 2013

• Jurisdiction: Ireland
• Citation: IR No. 13/2013
• Year: 2013

Number 13 of 2013
NATIONAL LOTTERY ACT 2013
CONTENTS
PART 1
Preliminary and General
Section
1. Short title, collective citation and commencement
2. Interpretation
3. Repeal
4. Laying of orders
5. Expenses
PART 2
The National Lottery
6. National Lottery
PART 3
Regulator of the National Lottery
7. National Lottery Regulator
8. Minister to act as Regulator when position of Regulator is vacant
9. Functions of Regulator
10. Power of Regulator to hold or procure holding of National Lottery when licence is not in force
11. Term of office of Regulator
12. Resignation and removal of Regulator
13. Restrictions relating to Regulator
14. Disqualification of persons from becoming Regulator
15. Prohibition on former Regulator from accepting office, etc., for 12 months
16. Prohibition on Regulator holding other office or employment
17. Staff of Regulator
18. Membership of Houses of Oireachtas or European Parliament by staff
19. Performance of certain functions by staff
20. Consultants and advisers
21. Disclosure of interests
22. Accounts and annual report of Regulator
23. Advance of funds by Minister to Regulator
24. Annual levy
25. Direction to Regulator regarding next licence
PART 4
Licence to hold National Lottery
26. Licence to hold National Lottery
27. Amendment of licence
28. Publication of licence
PART 5
National Lottery Operator
29. The operator
30. Winding up of An Post National Lottery Company
31. Memorandum and articles of association
PART 6
Enforcement
32. Investigation into affairs of operator
33. Powers of Regulator to issue direction or apply for an injunction
34. Notification to operator regarding financial sanction
35. Financial sanctions
36. Revocation of licence
37. Prohibition on transfer or alienation of licence
38. Independent scrutiny of National Lottery held by operator
39. Special powers of Regulator in relation to operator
PART 7
Operation of National Lottery and Use of Funds
40. Prizes in National Lottery
41. Disbursement of funds
42. Sale of National Lottery tickets
43. Prohibition on certain persons from owning lottery ticket
44. National Lottery Fund
45. Schemes for lottery games in National Lottery
46. Provisions relating to names “National Lottery” and “Irish National Lottery”
PART 8
Furnishing of reports and information by operator
47. Furnishing by operator of annual report and information to Regulator
48. Furnishing of information by the operator to the Regulator
49. Sharing of Information with Revenue Commissioners and Department of Social Protection
PART 9
Lotteries - Gaming and Lotteries Acts 1956 to 2013
50. Exemption of National Lottery from Gaming and Lotteries Acts 1956 to 2013
51. Amendment of section 27 and 28 of Gaming and Lotteries Act 1956, etc.
Acts Referred to
Arts Act 2003 (No. 24) Carer’s Leave Act 2001 (No. 19) Companies Act 1963 (No. 33) Companies Acts Courts Act 1981 (No. 11) European Parliament Elections Act 1997 (No. 2) Gaming and Lotteries Act 1956 (No. 2) Gaming and Lotteries Acts 1956 to 2003 Gaming and Lotteries Acts 1956 to 2012 Local Government Act 2001 (No. 37) Minimum Notice and Terms of Employment Acts 1973 to 2005 National Lottery Act 1986 (No. 28) Organisation of Working Time Act 1997 (No. 20) Parental Leave Act 1998 (No. 30) Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) Protection of Employees (Part-Time Work) Act 2001 (No. 45) Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37) Redundancy Payments Acts 1967 to 2011 Taxes Consolidation Act 1997 (No. 39) Terms of Employment (Information) Acts 1994 and 2012 Trade Marks Act 1996 (No. 6) Unfair Dismissals Acts 1977 to 2007
Number 13 of 2013
NATIONAL LOTTERY ACT 2013
An Act to provide for the holding of a national lottery on behalf of the Minister for Public Expenditure and Reform, to establish the Office of the Regulator of the National Lottery and to define the functions of the Regulator, to repeal the National Lottery Act 1986 , to amend sections 27 and 28 of the Gaming and Lotteries Act 1956 and to provide for connected matters. [14th May, 2013]
Be it enacted by the Oireachtas as follows:
PART 1 Preliminary and General
		Short title, collective citation and commencement
	1. (1) This Act may be cited as the National Lottery Act 2013.
	(2) The Gaming and Lotteries Acts 1956 to 2003 and Part 9 may be cited together as the Gaming and Lotteries Acts 1956 to 2013.
	(3) This Act comes into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.
	(4) An order under subsection (3) may as respects the repeal of the National Lottery Act 1986 under section 3 appoint different days for the repeal of different provisions of that Act or for the repeal for different purposes of such provisions.
		Interpretation
	2. In this Act—
	“breach” in relation to this Act or a term or condition of a licence includes a failure to comply with it;
	“central gaming system” comprises the secure core computer systems of hardware and software that validate and record all entries for National Lottery games and identify winning combinations;
	“company” means a company formed under the Companies Acts;
	“Fund” means National Lottery Fund continued by section 44;
	“hold”, in relation to a national lottery, includes establish, promote, organise and conduct;
	“interactive channels” means communications over the internet that use any device from which the internet is able to be accessed;
	“licence” means a licence granted under section 26 to hold the National Lottery;
	“licence holder” means the holder of a licence for the time being in force, and includes the operator where the operator is a subsidiary of the licence holder;
	“lottery game” means any game, competition or other procedure, including those played by way of interactive channels on the internet, in which or whereby prizes (whether money prizes or otherwise) are distributed by lot or chance among persons participating in the game, competition or other procedure;
	“manager” means a person appointed under section 39 (1) in relation to the operator;
	“Minister” means Minister for Public Expenditure and Reform;
	“National Lottery” means any lottery game or combination of lottery games held by the Regulator or held under a licence in accordance with the rules contained in a scheme under section 45 in relation to that game or each of those games;
	“National Lottery ticket” means a ticket entitling its owner to participate in the National Lottery including a ticket sold by way of interactive channels on the internet;
	“operator” has the meaning assigned to it by section 29;
	“Regulator” means Regulator of the National Lottery, or in the circumstances referred to in section 8, the Minister;
	“subsidiary” in relation to a company, means a subsidiary of the company (within the meaning of section 155 of the Companies Act 1963 );
	“winning ticket” means a ticket the owner of which is entitled to a prize in the National Lottery.
		Repeal
	3. The National Lottery Act 1986 is repealed.
		Laying of orders
	4. Every order made under this Act (other than an order under section 1) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order is annulled, but without prejudice to the validity of anything previously done thereunder.
		Expenses
	5. The expenses of the Minister in the execution of this Act shall be paid out of moneys provided by the Oireachtas.
PART 2 The National Lottery
		National Lottery
	6. (1) There shall be a National Lottery held on behalf of the Minister in accordance with the provisions of this Act.
	(2) Notwithstanding the repeal of the National Lottery Act 1986 by section 3, that Act continues to apply to the licence granted under that Act to An Post National Lottery Company until the termination of that company.
PART 3 Regulator of the National Lottery
		National Lottery Regulator
	7. (1) There stands established the office of Regulator of the National Lottery and the holder of the office shall be known as the Regulator of the National Lottery and is referred to subsequently in this Act as the Regulator and whose functions are set out in this Act.
	(2) The Regulator shall be appointed by the Minister on such terms and conditions, including remuneration, as the Minister may determine.
	(3) The Regulator shall, subject to this Act, be independent in the performance of his or her functions.
		Minister to act as Regulator when position of Regulator is vacant
	8. The Minister shall perform the functions of the Regulator—
	(a) until the appointment under section 7 of a person to hold the office of the Regulator, or
	(b) where the person who holds that office ceases to hold the office, until a person to be his or her successor to hold the office has been appointed under section 7.
		Functions of Regulator
	9. (1) The principal function of the Regulator shall be to procure the holding of the National Lottery—
	(a) by a person under a licence, or
	(b) where no licence is in force, under section 10.
	(2) The Regulator shall exercise his or her functions under this Act in such manner he or she considers the most likely to ensure—
	(a) that the National Lottery is run...