National Lottery Act 2013

Sale of National Lottery tickets

42. (1) (a) A licence may provide for authorisation by the operator of persons to sell National Lottery tickets and the remuneration of such persons.

(b) The minimum number of persons who may be authorised under this subsection to sell National Lottery tickets shall be set out in a licence.

(2) An authorisation for the purposes of this section shall be in writing and shall be subject to such terms and conditions (including terms and conditions relating to the remuneration of persons by the operator in respect of the sale by them of National Lottery tickets and the time, form and method of such remuneration) as may be determined by the operator with the consent of the Regulator and specified in the authorisation.

(3) The Regulator, where a licence does not provide for the authorisation referred to in subsection (1) or such authorisation is withdrawn, may authorise such persons as he or she may determine to sell National Lottery tickets.

(4) A person (other than the operator) shall not sell, offer or expose for sale or invite an offer to buy or have in his or her possession for sale a National Lottery ticket unless he or she is the holder of an authorisation under this section entitling him or her to do so.

(5) The operator may sell National Lottery tickets through interactive channels.

(6) A person, including the operator, shall not sell or offer for sale by any means a National Lottery ticket to a person under the age of 18 years or invite from such a person an offer to buy a National Lottery ticket.

(7) The form and price of a National Lottery ticket shall be determined by the operator.

(8) The operator, subject to any terms or conditions of the licence with regard to promotional activities or offers, shall not give, distribute or sell to any person (other than holders of authorisations under this section) National Lottery tickets—

(a) free of charge unless as prizes in a National Lottery game, or

(b) at a price less than that at which they are sold to members of the public generally.

(9) A person who contravenes subsection (4), (6) or (8) commits an offence and is liable on summary conviction to a class A fine.

(10) In a prosecution for an offence under subsection (9) for a contravention of subsection (6) it is a defence for the accused to show that he or she took all reasonable steps to verify the age of the person purchasing the ticket.

(11) The defence provided for in subsection (10) shall apply to a person, including An Post National Lottery Company, who sells a ticket (including by way of interactive channels) while the licence granted to that company under the National Lottery Act 1986 is in force.