Part 11Lotteries
Offences
258Promotion of lottery
1
A person commits an offence if he promotes a lottery unless—
a
the exception in subsection (2) or (3) applies, or
b
the lottery is an exempt lottery.
2
This section does not apply to activity by a person if—
a
he holds an operating licence authorising the activity, and
b
he acts in accordance with the terms and conditions of the licence.
3
This section does not apply to activity by a person if—
a
he acts, otherwise than as an external lottery manager, on behalf of a person who holds an operating licence authorising the activity, and
b
the activity is carried on in accordance with the terms and conditions of the licence.
4
It is a defence for a person charged with an offence under this section to show that he reasonably believed that—
a
he was not committing the offence by reason of subsection (1)(b), (2) or (3),
b
that the arrangement to which the charge relates was not a lottery, or
c
that the arrangement to which the charge relates was a lottery forming part of the National Lottery.
5
In this Act “exempt lottery” means a lottery which is exempt by virtue of a provision of Schedule 11.
259Facilitating a lottery
1
A person commits an offence if he facilitates a lottery unless—
a
the exception in subsection (3) applies, or
b
the lottery is an exempt lottery.
2
For the purposes of this section a person facilitates a lottery if (and only if) he—
a
prints lottery tickets for a specified lottery,
b
prints promotional material for a specified lottery, or
c
advertises a specified lottery.
3
This section does not apply to activity by a person if he acts in accordance with the terms and conditions of an operating licence.
4
It is a defence for a person charged with an offence under this section to show that he reasonably believed—
a
that he was not committing the offence by reason of subsection (1)(b) or (3), or
b
that the arrangement to which the charge relates was not a lottery, or
c
that the arrangement to which the charge relates was a lottery forming part of the National Lottery.
5
In subsection (2)(b) “promotional material” means a document which—
a
advertises a specified lottery,
b
invites participation in a specified lottery,
c
contains information about how to participate in a specified lottery, or
d
lists winners in a specified lottery.
260Misusing profits of lottery
1
This section applies to a lottery in respect of which the promoter has stated (in whatever terms) a fund-raising purpose for the promotion of the lottery.
2
A person commits an offence if he uses any part of the profits of a lottery to which this section applies for a purpose other than that stated.
3
The reference in subsection (2) to using profits includes a reference to permitting profits to be used.
4
In subsection (1) the reference to a statement of a purpose for the promotion of a lottery is a reference to a statement appearing—
a
on lottery tickets, or
b
in an advertisement for the lottery.
5
In subsection (4)(b) “advertisement” in relation to a lottery includes any written notice announcing that a lottery will take place or inviting people to participate in a lottery (in either case whether or not it also gives other information).
261Misusing profits of exempt lottery
1
This section applies to the following kinds of lottery—
a
an incidental non-commercial lottery (within the meaning of Part 1 of Schedule 11),
b
a private society lottery (within the meaning of Part 2 of that Schedule), and
c
a small society lottery (within the meaning of Part 4 of that Schedule).
2
A person commits an offence if he uses any part of the profits of a lottery to which this section applies for a purpose other than one for which the lottery is permitted to be promoted in accordance with Schedule 11.
3
Subsection (3) of section 260 shall have effect for the purpose of this section as it has effect for the purpose of that section.
262Small society lottery: breach of condition
A non-commercial society commits an offence if—
a
a lottery, purporting to be an exempt lottery under Part 4 of Schedule 11, is promoted on the society’s behalf wholly or partly at a time when the society is not registered with a local authority in accordance with Part 5 of that Schedule,
b
the society fails to comply with the requirements of paragraph 39 of that Schedule, or
c
the society provides false or misleading information for the purposes of paragraph 39 of that Schedule.
263Penalty
1
A person guilty of an offence under this Part shall be liable on summary conviction to—
a
imprisonment for a term not exceeding 51 weeks,
b
a fine not exceeding level 5 on the standard scale, or
c
both.
2
In the application of subsection (1) to Scotland the reference to 51 weeks shall have effect as a reference to six months.