Barry Ward (Fine Gael) | Oireachtas source

I move amendment No. 115:

In page 56, between lines 8 and 9, to insert the following: “Amendment of the National Lottery Act 2013

66. The national lottery Act 2013 is amended as follows:

(a) In section 2 by the insertion of the following definitions:

“ ‘bet’ shall have the meaning assigned to it by section 1 of the Betting Act 1931;

‘betting offer’ means a bet offered by a bookmaker;

‘bookmaker’, for the purposes of section 46 of the National Lottery Act 2013, means a person, who in the course of business, takes bets, sets odds

and undertakes to pay out on winning bets, and includes—

(i) a licensed remote betting intermediary,

(ii) a remote betting intermediary,

(iii) a licensed remote bookmaker, and

(iv) a remote bookmaker,

and each term in this definition has the meaning given to it by section 1 of the Betting Act 1931, as inserted by section 2 of the Betting (Amendment) Act 2015;”.

(b) in section 46 by the substitution of the following for subsection (1):

“(1) A person, other than the Minister, the Regulator, the operator or a licensee, or a person authorised to do so by any of them, shall not, for

the purposes of a betting offer—

(a) make use of the National Lottery, or

(b) make use of—

(i) the name ‘Irish National Lottery’, its equivalent in the Irish language, or any equivalent thereof;

(ii) the name ‘National Lottery’, ‘An Crannchur Náisiúnta’, or any equivalent thereof; or

(iii) any name so closely resembling either of those names in subparagraphs (i) or (ii) as to be reasonably capable of leading to the belief that any of those names or equivalents is being referred to.”,

and

(c) in section 46 by the substitution of the following for subsection (3)—

“(3) (a) It shall be an offence to contravene subsection (1)—

(b) Where a contravention of subsection (1) has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of the person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(c) Where the affairs of a body corporate are managed by its members, paragraph (b) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(d) A person or body corporate that contravenes subsection (1) is liable—

(i) on summary conviction, to a class A fine, or

(ii) on conviction on indictment, to a fine not exceeding €100,000.

(e) In considering what the appropriate penalty under paragraph (d) in any case, a court shall have regard to the provisions of section 14 of the Fines Act 2010.”.”.