National Lottery etc. Act 1993

Part I E+W+S AMENDMENT OF SCHEDULE 1 TO THE 1976 ACT

1 For the heading “Registration of Societies” there shall be substituted “ Registration of Societies by Local Authorities ”. E+W+S

2 In paragraph 1— E+W+S

(a) sub-paragraph (1) (which requires every application for the registration of a society to be made to the registration authority) shall be omitted, and

(b) in sub-paragraph (2) (definition of “registration authority”) for “In this Schedule” there shall be substituted “ In this Act ”.

3 In paragraph 2 (purposes for which the society is established and conducted to be specified in such an application) for “Any such application” there shall be substituted “ An application to the registration authority for the registration of a society ”. E+W+S

4 After paragraph 3 there shall be inserted— E+W+S

“3A (1) The registration authority shall refuse or revoke the registration of the society under this Part of this Schedule if the Board have refused or revoked the registration of the society under Schedule 1A below within the last five years.

(2) Sub-paragraph (1) above does not apply where the ground for the Board’s refusal or revocation was that specified in paragraph 3(2)(e) of Schedule 1A below.

(3) Where the registration authority refuse or revoke the registration of a society under sub-paragraph (1) above, they shall notify the society in writing that they have done so.”

5 (1) In paragraph 4 (grounds on which the registration authority have a discretion to refuse or revoke the society’s registration)— E+W+S

(a) for sub-paragraph (1)(a) there shall be substituted—

“(a) that any person who is or will be a person connected with a lottery promoted or proposed to be promoted on behalf of the society has been convicted of an offence to which this paragraph applies; or”,

(b) after sub-paragraph (1)(b) there shall be inserted— “; or

(c) that any information given by the society to the authority in or in connection with the society’s application for registration was false in a material particular.”,

(c) in sub-paragraph (2) (offences to which paragraph 4 applies) after “an offence under paragraph 14 below” there shall be inserted “ , paragraph 14 of Schedule 1A below, paragraph 8 or 9 of Schedule 2 below, paragraph 12 of Schedule 2A below ”, and

(d) after sub-paragraph (2) there shall be added—

“(3) For the purposes of sub-paragraph (1)(a) above, a person connected with a lottery is a person who is or has been—

(a) involved in the promotion of the lottery; or

(b) employed for reward in connection with the promotion of any other lottery on behalf of the same society.”

(2) After paragraph 4 there shall be inserted—

“4A The registration authority may, after giving the society an opportunity of being heard, revoke the registration of the society under this Part of this Schedule if it appears to the authority that the society has failed to comply with a requirement imposed on it under paragraph 16 below.”

6 In paragraphs 5, 6 and 7 (appeals against refusal or revocation of registration under paragraph 4) for “paragraph 4” there shall be substituted “ paragraph 4 or 4A ”. E+W+S

7 In paragraph 11 (returns to be made in respect of a society’s lottery) after sub-paragraph (c) there shall be inserted— E+W+S

“(cc) whether any expenses were met otherwise than out of proceeds of the lottery and, if so, the amount and source of any sums used to meet them;”.

8 In paragraph 12 (return not required in respect of a lottery promoted in accordance with a scheme registered with the Gaming Board) for “promoted in accordance with a scheme registered with the Board” there shall be substituted “ if on the date of the lottery the society was registered with the Board under Schedule 1A below ”. E+W+S

9 After paragraph 14 there shall be added— E+W+S

“15 (1) Where it appears to the registration authority that section 5(3C) above applies to a lottery in respect of which a return has been sent to them under paragraph 11 above, they shall notify the Board in writing of that fact.

(2) The notification shall have attached to it a copy of the return and of all other returns sent to the registration authority in respect of the earlier lotteries mentioned in section 5(3C)(b) above.

16 The registration authority may require a society that is registered under this Part of this Schedule—

(a) to allow the authority to inspect and take copies of any documents of the society, including any information kept by the society otherwise than in writing, relating to any lottery promoted on behalf of the society; and

(b) where such information is kept by means of a computer, to give the authority such assistance as they may require to enable them to inspect and take copies of the information in a visible and legible form and to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the information.”