National Lottery Act 2013
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Financial sanctions | ||
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35. (1) The High Court, in any application made to it under section 34 — | ||
(a) may— | ||
(i) make a determination that there has been a breach of this Act or a term or condition of the licence or a failure to co-operate with an investigation by the operator, | ||
(ii) if it thinks fit direct, having regard to any amount the Regulator recommends and taking into consideration any relevant matters that the operator shall pay to the Regulator a financial sanction not exceeding €500,000, in respect of the breach or failure to co-operate with the investigation in question, and | ||
(iii) make such order it considers appropriate, | ||
or | ||
(b) may dismiss the application, | ||
and the Court may make such order as to costs as it thinks fit in respect of the application. | ||
(2) Where a request in writing has been made to the Regulator by the operator under section 34 , the Regulator may make a determination that there has or has not been a breach of this Act or term or condition of the licence or a failure to co-operate with an investigation by the operator and issue a statement of findings to the operator. | ||
(3) Where the Regulator determines under subsection (2) that there has been a breach of this Act or a term or condition of the licence or a failure to co-operate with an investigation by the operator, the Regulator may direct, taking into consideration and having regard to any matters it considers relevant that the operator shall pay the Regulator a financial sanction not exceeding the amount as proposed in a notification given to the operator in accordance with section 34 , in respect of the breach or the failure to co-operate with an investigation. | ||
(4) The Regulator may publish on a website maintained or used by the Regulator such details as he or she considers proper concerning a decision of the Court under subsection (1) or such a statement of findings made by it under subsection (2). | ||
(5) The operator may appeal to the High Court against either or both a statement of findings issued in respect of the operator under subsection (2) and a financial sanction imposed against the operator under subsection (3). | ||
(6) A sum due under this section may be recovered in any court of competent jurisdiction as a simple contract debt. | ||
(7) All payments made to the Regulator under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform may direct. |