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Obligation to close gambling account
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171. (1) Subject to subsection (2), a licensee of a remote gambling licence shall close an account-holder’s gambling account with the licensee where the account-holder—
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(a) requests the licensee in writing to do so, or
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(b) does not participate in any relevant gambling activity provided by the licensee concerned by remote means for a period of 13 months.
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(2) Subsection (1)(b) shall not apply in respect of an account-holder entered on the National Gambling Exclusion Register for the duration of the period of such registration.
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(3) Where a licensee closes the gambling account of an account-holder under subsection (1), the licensee shall—
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(a) where the gambling account is closed pursuant to a request under paragraph (a) of that subsection, refund any money in that account to the account-holder, and
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(b) where the gambling account is closed pursuant to paragraph (b) of that subsection, make reasonable efforts to refund any money in that account to the account-holder.
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(4) Where a licensee is unable, having made reasonable efforts, to refund money in a gambling account in accordance with subsection (3)(b), the licensee shall transfer the money to the Authority for the purposes of payment into the Social Impact Fund.
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(5) Where a licensee has transferred money in a gambling account to the Authority under subsection (4) and subsequently a person contacts the licensee claiming to be the account-holder of that account and seeks to either gamble with the money that had been in that account or to obtain a refund of that money, the licensee shall, having satisfied itself that the person was the account-holder concerned—
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(a) direct the person to the Authority for a refund, and
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(b) notify the Authority in writing—
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(i) that it has directed the person to it,
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(ii) that the licensee is satisfied that the person was the account-holder of the gambling account that was closed, and
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(iii) of the date on which the money in the gambling account was transferred to the Authority and the amount transferred.
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(6) A licensee of a remote gambling licence who fails to comply with a provision of this section is guilty of an offence and is liable—
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(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or
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(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.
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