Ghealltóireacht, Cearrbhachas agus Crannchuir (Buaiteachais Neamhéilithe)

Or better known as the
Betting, Gaming and Lotteries (Unclaimed Winnings) Bill 2010 [PMB]
(Taking from Greyhound Data)

Bill Number 52 of 2010
Sponsored on behalf of Deputy John O'Donoghue
Source: Private Member
Method: Introduced
Status: New Bill

Bill entitled an Act to provide for the transfer of moneys that constitute unclaimed winnings to a fund to be known as the Unclaimed Winnings Fund, to confer functions on the National Treasury Management Agency in relation to the control and management of the fund, to provide for the disbursement of moneys (including the repayment of moneys to persons entitled to them) from the fund, to set a time period after which winning parties are no longer entitled to unclaimed winnings, to establish a body to be known as the Unclaimed Winnings Board and to define its functions, to provide for a mandatory scheme of record-keeping for service providers in the fields of betting, gaming and lotteries, to provide for the appointment of inspectors, and to provide for related matters

Dáil Éireann

First Stage
Introduced 18/11/2010
Order for Second Stage DDMMYY

EXTERNAL LINK
Betting, Gaming and Lotteries (Unclaimed Winnings) Bill 2010 as initiated and Explanatory Memorandum (in PDF format)

EXTERNAL LINK

BETTING, GAMING AND LOTTERIES (UNCLAIMED WINNINGS) BILL 2010

EXPLANATORY MEMORANDUM

The Bill provides for the transfer of monies that constitute
unclaimed winnings on bets, games and lotteries from service
providers in the fields of betting, gaming and lotteries to a fund tobe known as the Unclaimed Winnings Fund. A board, to be known as the Unclaimed Winnings Board, is to be established under theterms of the Bill, and the purpose of the Board is to arrange for the disbursements of funds from the Unclaimed Winnings Fund for the purposes of programmes or projects to assist—

(a) the personal and social development of persons who are
economically or socially disadvantaged,
(b) the educational development of persons who are educationally
disadvantaged, or (c) persons with a disability (within the meaning of the Equal Status Act 2000).

Application of Bill

The Bill applies to all unclaimed winnings, regardless of whether
the date on which the winnings in question became claimable is
before or after the coming into operation of any of the provisions of the Bill.

Notification Procedure

The Bill, in section 10, sets out a notification procedure under
which service providers are to provide certain information to winning parties in relation to what will happen the winning party’s winnings if not claimed within certain time frames, including, inter alia:

• if the winning is not claimed by the winning party from the
service provider within a period of 12 months from the date on
which the winning became claimable, the winning will be paid
by the service provider into the Fund in accordance with section
11 without further notice to the winning party (winnings not
claimed by the winning party from the service provider within a
period of 12 months from the date on which the winning became
claimable are defined as ‘‘unclaimed winnings‘‘ under the terms of the Bill);

• after such time as the unclaimed winning has been paid into the
Fund by the service provider and before the claiming period as
defined in section 2 has elapsed (a period of six years from the
date on which the winning became claimable within the terms of the agreement between the service provider and the winning party), the winning party can apply to the service provider for repayment of the winning to it under the terms of section 18;

• during the period after 12 months has elapsed since the date on
which the winning became claimable and before such time as the winning has been transferred to the Fund by the service provider, the winning can be claimed by the winning party from the service provider and the service provider shall, within 28days from the date of the receipt of the claim, notify theNational Treasury Management Agency, in writing, of the amount of the relevant unclaimed winning not yet transferred to the Fund under section 11 — before such time as the service provider pays to the winning party the amount of the winning. A service provider that fails to comply with the notification requirements or duties of section 10 shall be guilty of an offence.

Offences

A person guilty of an offence under the Bill shall be liable—

(a) on summary conviction, to a fine not exceeding €1,900 or
imprisonment for a term not exceeding 6 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €100,000
or imprisonment for a term not exceeding 5 years, or both.
Failure to Claim Winnings Within Claiming Period Where a winning party does not claim the winning to which it is entitled within the claiming period (a period of six years from the date on which the winning became claimable within the terms of the agreement between the service provider and the winning party), the winning party shall no longer be entitled to the winning and no action (whether in contract or tort or otherwise) shall be brought by or on behalf of the winning party for the recovery of the winning in question,

Notification Requirement and Transfer of Unclaimed Winnings to
Unclaimed Winnings Fund Under the terms of section 11, every service provider shall, not later than the last day in January each year, transfer to the Fund all of the unclaimed winnings in its possession that came into being during the course of the previous financial year, save for those unclaimed winnings that have been paid by the service provider to the winning party in accordance with the consent of the Agency in the circumstances envisaged in section 10(1)(f). Every service provider shall, not later than twelve months after the commencement of section 11 transfer to the Fund all of the unclaimed winnings in its possession that came into being prior to the commencement of section 11.

The Bill, in section 11, places a requirement on service providers
to furnish the National Treasury Management Agency with certain
information regarding funds transferred by the service provider to
the Fund in accordance with the provisions of the Bill. A service provider that fails to comply with the provisions of section 11 shall be guilty of an offence. Unclaimed winnings which a service provider fails to transfer, or fails to have transferred on its behalf, to the Fund as required by section 11 shall be a simple contract debt due and owing by the service provider to the Fund and may be recovered by the Minister for Tourism, Culture and Sport in any court of competent jurisdiction from the service provider. Where an examiner or administrator is appointed by the court to a service provider, or a service provider is in receivership, in liquidation, being wound up, or otherwise being dissolved, no moneys shall be transferred by or on behalf of the service providerto the Fund under section 11. Register of Unclaimed Winnings Under the terms of section 14, every service provider in possession of unclaimed winnings shall keep a register of such unclaimed winnings. The register shall contain certain particulars set out in the Bill. A service provider that fails to keep a register, or enter in the register the particulars specified in section 14(2) shall be guilty of an offence. Section 14 shall not apply to unclaimed winnings that came into existence before the commencement of the section. Unclaimed Winnings Fund
The National Treasury Management Agency shall establish a fund
to be known as the Unclaimed Winnings Fund. The Agency shall
manage and control the Fund in accordance with the Bill and shall
have all the powers (including the power to charge fees, payable
from the Fund, in relation to the management and control of the
Fund) that are necessary for or incidental to the performance of its functions. Investment of Fund The National Treasury Management Agency shall prepare an annual investment plan for the Fund, having regard to the plan prepared by the Board under section 40 for the disbursement of moneys from the Fund. Moneys standing to the credit of the Fund that are not, for the time being, required for the purpose of meeting the liabilities of the Fund specified in section 16(4) shall be invested by the National Treasury Management Agency in the currency of the State — (a) in the securities (other than shares in a company)that the Agency considers appropriate, or (b) by way of deposit of moneys with any credit institution, or the investment of moneys in short term financial products, such as certificates of deposit or commercial paper, issued by any person, and may be so invested within the State or otherwise. Any income, capital or other benefit received in respect of moneys in the Fund held or invested by the Agency shall be paid into the Fund, and held or invested for the benefit of the Fund. Repayment of Moneys Transferred to Fund Under the terms of section 18, where a service provider has transferred unclaimed winnings to the Fund under section 11, a winning party (referred to in section 18 as the ‘‘claimant’’) may claim, from the service provider, repayment of moneys so transferred. A claim shall be — (a) in writing, (b) signed by the claimant, and (c) accompanied by the documents and information that the service provider may require. Where a claimant proves to the satisfaction of the service provider that he or she is the winning party in respect of a relevant unclaimed winning, the service provider shall, within 28 days from the date of the receipt of the claim, notify the Agency, in writing, of the amount3 4 of the relevant unclaimed winning transferred to the Fund under section 11, and the Agency shall pay to the service provider, within 21 days after the date of the notification, the total of the amount specified. Within 7 days of the receipt of payment, a service provider shall pay to the claimant the amount of the unclaimed winning referred.Certificate of Compliance Under the terms of section 19, service providers shall furnish a certificate of compliance to the Minister, not later than the last day in February each year, in the form and manner that the Minister may prescribe, stating, if this is the case, that the service provider has complied with the Bill. Where a service provider fails to furnish a certificate of compliance under section 19, it shall be guilty of an offence. Inspections The Minister for Tourism, Culture and Sport may authorise one or more persons to be inspectors for the purposes of—

(a) ensuring compliance by service providers with the Bill,
(b) examining claims for repayment under section 18,
(c) ascertaining whether service providers have established
systems, procedures and practices that are adequate to secure
an effective check on the identification, notification, transfer,
recording and repayment of unclaimed winnings, and
(d) determining whether those systems, procedures and practices
have been employed and applied in an adequate manner in relation to unclaimed winnings.

An inspector is given certain powers for the purpose of the
performance of his/her functions under the terms of section 22.
A person who—

(a) obstructs an inspector in the exercise of a power, (b) gives to an inspector information that the person knows is
false or misleading, or(c) without reasonable excuse, fails to comply with a request or requirement made by an inspector, shall be guilty of an offence.
Where, following an inspection, the inspector is of the opinion
that—

(a) there is reason to believe that the service provider concerned
is in breach of any provision of the Bill, or
(b) there is a material defect in the service provider’s systems,
procedures and practices, the inspector shall prepare a report, in writing, and submit a copy of the report to the Minister for Tourism, Culture and Sport. An inspector who, in the course of an inspection, obtains prima facie evidence of—

(a) a possible underpayment or non-transfer of unclaimed
winnings to the Fund under section 11, or (b) a fraudulent claim for repayment under section 18, shall furnish to the Minister for Tourism, Culture and Sport particulars of the evidence and of the unclaimed winnings concerned. Unclaimed Winnings Board Section 27 provides for the establishment of a board to be known as the Unclaimed Winnings Board. The functions of the Board are—

(a) to prepare and submit to the Minister for Tourism, Culture
and Sport, in accordance with section 40, a plan for the
disbursement of moneys under Part 5,
(b) to review and assess from time to time—
(i) the extent to which the objectives specified in the plan have
been achieved,
(ii) the effectiveness of the strategies specified in the plan, and (iii) the pattern and effect of disbursements under Part 5,
including whether they have resulted in activities that, but
for those disbursements, might not have been undertaken,
and(c) to make reports to the Minister under section 44(2).
The Unclaimed Winnings Board has all the powers that are
necessary for or incidental to the performance of its functions under this Act.

Deputy John O’Donoghue,
Samhain, 2010.