S.I. No. 487/2018 - Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Section 25) (Prescribed Class of Designated Person) Regulations 2018


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th November, 2018.

I, CHARLES FLANAGAN, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 3 (1), 25 (7) and 25 (8) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )) and the Public Expenditure and Reform (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 647 of 2011 ) and for the purpose of giving further effect to Article 11(d) of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 20151 , being satisfied as to the matters referred to in section 25(7)(a) of that Act and having consulted with the Minister for Finance, hereby make the following regulations:

1. (1) These Regulations may be cited as the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Section 25) (Prescribed Class of Designated Person) Regulations 2018.

(2) These Regulations shall come into operation on 26 November 2018.

2. In these Regulations, “Act of 2010” means Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010).

3. (1) Providers of gambling services are prescribed as a class of persons for the purposes of section 25(1)(j) of the Act of 2010.

(2) In this Regulation, “gambling services” means gambling services within the meaning of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 20151 other than—

(a) poker games provided at a physical location other than a casino or private members’ club,

(b) lotteries within the meaning of the Gaming and Lotteries Act 1956 (No. 2 of 1956), and

(c) gaming machines (within the meaning of section 43 of the Finance Act 1975 (No. 6 of 1975)) or amusement machines (within the meaning of section 120 of the Finance Act 1992 (No. 9 of 1992)) provided in accordance with section 14 of the Gaming and Lotteries Act 1956 .

4. Insofar as a person is a designated person by virtue of being a member of the class of persons prescribed in Regulation 3, the definition of “occasional transaction” in section 24 of the Act of 2010 shall be modified so that the reference in paragraph (a) of that definition to “a person referred to in section 25(1)(h)” be read as a reference to a member of the class of persons prescribed in Regulation 3.

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GIVEN under my Official Seal,

22 November 2018.

CHARLES FLANAGAN,

Minister for Justice and Equality.

1 OJ No. 141, 5.6.2015, p. 73.