S.I. No. 170/2026 - Gambling (Complaints Procedures) Regulations 2026
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 24th April, 2026. | ||
Údarás Rialála Cearrbhachais na hÉireann (the Gambling Regulatory Authority of Ireland), in exercise of the powers conferred on it by sections 9 and 181 of the Gambling Regulation Act 2024 (No. 35 of 2024), in order to ensure the effective operation of Part 7 of the Act of 2024, and having as an objective that the manner in which complaints may be made, and the procedures to be followed by the complainant, the licensee concerned and the Authority are as informal as is consistent with the principles of fair procedures and that undue expense is not incurred by the complainant or the licensee concerned in relation to the complaint, hereby makes the following regulations: | ||
Citation | ||
1. These Regulations may be cited as the Gambling (Complaints Procedures) Regulations 2026. | ||
Interpretation | ||
2. (1) In these Regulations, “Act of 2024” means the Gambling Regulation Act 2024 (No. 35 of 2024). | ||
(2) A word or expression that is used in these Regulations and is also used in the Act of 2024 shall have in these Regulations the same meaning as it has in that Act unless the contrary intention appears. | ||
3. These Regulations are subject to section 180 of the Act of 2024. | ||
Extension of period for making complaint | ||
4. (1) The Authority may, for the purposes of determining whether to extend the period referred to in section 180(4) of the Act of 2024 under section 180(5) of the Act of 2024, notify the licensee concerned of the complaint, which notification shall request the licensee to respond to the Authority, within such reasonable period as is specified in the notification, with its observations on the matters specified in the notification. | ||
(2) Where the Authority considers it necessary or appropriate to do so, it may furnish a copy of the observations of the licensee received under paragraph (1) of this regulation to the complainant inviting him or her to respond to the Authority within such reasonable period as may be specified by the Authority. | ||
(3) The Authority shall, as soon as practicable after making a decision not to extend the period referred to in section 180(4) of the Act of 2024 under section 180(5) of the Act of 2024, dismiss the complaint and give notice in writing to the complainant and to the licensee concerned of the decision and the reasons for the decision. | ||
(4) The Authority shall, as soon as practicable after making a decision to extend the period referred to in section 180(4) of the Act of 2024 under section 180(5) of the Act of 2024, give notice in writing to the complainant and to the licensee concerned of the decision and the reasons for the decision. | ||
Dismissal of complaint under section 180(1), (2) or (6) of the Act of 2024 | ||
5. (1) Without prejudice to regulation 4, the Authority may dismiss a complaint received under section 180(1) of the Act of 2024: | ||
(a) where it considers that the complaint is inadmissible under section 180(1) or (2) of the Act of 2024, or | ||
(b) under section 180(6) of the Act of 2024. | ||
(2) The Authority may, for the purposes of determining whether to dismiss a complaint on one of the grounds specified in paragraph (1) of this regulation, notify the licensee concerned of the complaint, which notification shall request the licensee to respond to the Authority, within such reasonable period as is specified in the notification, with its observations on the matters specified in the notification. | ||
(3) Where the Authority considers it necessary or appropriate to do so, it may furnish a copy of the observations of the licensee received under paragraph (2) of this regulation to the complainant inviting him or her to respond to the Authority within such reasonable period as may be specified by the Authority. | ||
(4) The Authority shall, as soon as practicable after making a decision to dismiss a complaint on one of the grounds specified in paragraph (1) of this regulation, give notice in writing to the complainant and to the licensee concerned of the decision and the reasons for that decision. | ||
Observations of the licensee | ||
6. (1) Where the Authority does not dismiss a complaint on one of the grounds specified in regulation 4(3) or 5(1), it shall, as soon as practicable, notify the licensee concerned of the complaint. | ||
(2) On receipt of the notification referred to in paragraph (1) of this regulation, the licensee concerned shall reply to the Authority in writing, within such reasonable period as is specified in the notification, setting out its observations on the complaint and any matters specified in the notification. | ||
(3) Where the Authority considers it necessary or appropriate to do so, it may furnish a copy of the observations of the licensee received under paragraph (2) of this regulation to the complainant inviting him or her to respond to the Authority within such reasonable period as may be specified by the Authority. | ||
7. (1) Where the Authority considers it necessary or appropriate to do so, it may furnish a copy of any observations, particulars or information received in relation to the complaint to either the complainant or the licensee concerned inviting them to respond to the Authority within such reasonable period as may be specified by the Authority. | ||
(2) For the avoidance of doubt, the Authority shall ensure that, before forming an opinion under section 180(8)(a) of the Act of 2024 that the licensee concerned has contravened or is contravening a relevant obligation, it has furnished a copy of all observations, particulars or information received in relation to the complaint to the licensee and it has invited the licensee to respond to the Authority. | ||
Inquiries by the Authority | ||
8. For the purposes of making a decision under section 180 of the Act of 2024, the Authority may make such inquiries of the complainant, the licensee concerned or any other person as it considers appropriate. | ||
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GIVEN under the Official Seal of the Gambling Regulatory Authority of Ireland, | ||
23 April, 2026. | ||
PAUL QUINN, | ||
Chairperson. | ||
ANNE MARIE CAULFIELD | ||
Chief Executive Officer. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||
These Regulations prescribe additional procedures to be followed by the complainant, the licensee concerned and the Authority in relation to a complaint made under section 180 of the Act of 2024. | ||
These Regulations may be cited as the Gambling (Complaints Procedures) Regulations 2026. |