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SCHEDULES

Section 11

SCHEDULE 1E+W+SBetting: Prize Competitions: Definition of Payment to Enter

IntroductionE+W+S

1This Schedule makes provision about the circumstances in which a person is to be or not to be treated for the purposes of section 11(1)(b) as being required to pay to participate in an arrangement.E+W+S

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Commencement Information

I1Sch. 1 para. 1 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Meaning of paymentE+W+S

2For the purposes of section 11 and this Schedule a reference to paying includes a reference to—E+W+S

(a)paying money,

(b)transferring money's worth, and

(c)paying for goods or services at a price or rate which reflects the opportunity to participate in an arrangement under which a participant may win a prize.

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Commencement Information

I2Sch. 1 para. 2 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

3It is immaterial for the purposes of section 11 and this Schedule—E+W+S

(a)to whom a payment is made, and

(b)who receives benefit from a payment.

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Commencement Information

I3Sch. 1 para. 3 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

4It is also immaterial for the purposes of section 11 and this Schedule whether a person knows when he makes a payment that he thereby participates in an arrangement as a result of which he may win a prize.E+W+S

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Commencement Information

I4Sch. 1 para. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Stamps, telephone calls, &c.E+W+S

5(1)For the purposes of section 11 and this Schedule a reference to paying does not include a reference to incurring the expense, at a normal rate, of—E+W+S

(a)sending a letter by ordinary post,

(b)making a telephone call, or

(c)using any other method of communication.

(2)For the purpose of sub-paragraph (1)—

(a)a “normal rate” is a rate which does not reflect the opportunity to participate in an arrangement under which a person may win a prize, and

(b)ordinary post means ordinary first-class or second-class post (without special arrangements for delivery).

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Commencement Information

I5Sch. 1 para. 5 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Payment to discover whether prize wonE+W+S

6For the purposes of section 11 and this Schedule a requirement to pay in order to discover whether a prize has been won under an arrangement shall be treated as a requirement to pay to participate in the arrangement.E+W+S

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Commencement Information

I6Sch. 1 para. 6 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Payment to claim prizeE+W+S

7For the purposes of section 11 and this Schedule a requirement to pay in order to take possession of a prize which a person has or may have won under an arrangement shall be treated as a requirement to pay to participate in the arrangement.E+W+S

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Commencement Information

I7Sch. 1 para. 7 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Choice of free entryE+W+S

8(1)For the purposes of section 11 and this Schedule an arrangement shall not be treated as requiring a person to pay to participate if under the arrangement—E+W+S

(a)each person who is eligible to participate has a choice whether to participate by paying or by sending a communication,

(b)the communication mentioned in paragraph (a) may be—

(i)a letter sent by ordinary post, or

(ii)another method of communication which is neither more expensive nor less convenient than participating by paying,

(c)the choice is publicised in such a way as to be likely to come to the attention of each person who proposes to participate, and

(d)the system for allocating prizes does not differentiate between those who participate by paying and those who participate by sending a communication.

(2)In this paragraph “ordinary post” has the meaning given by paragraph 5(2)(b).

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Commencement Information

I8Sch. 1 para. 8 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Power to make regulationsE+W+S

9The Secretary of State may make regulations providing that an activity of a specified kind or performed in specified circumstances is to be or not to be treated for the purposes of section 11 as paying to participate in an arrangement.E+W+S

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Commencement Information

I9Sch. 1 para. 9 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Section 14

SCHEDULE 2E+W+SLotteries: Definition of Payment to Enter

IntroductionE+W+S

1This Schedule makes provision about the circumstances in which an arrangement is to be or not to be treated for the purposes of section 14 as requiring persons to pay in order to participate in an arrangement.E+W+S

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Commencement Information

I10Sch. 2 para. 1 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Meaning of paymentE+W+S

2For the purposes of section 14 and this Schedule a reference to paying includes a reference to—E+W+S

(a)paying money,

(b)transferring money's worth, and

(c)paying for goods or services at a price or rate which reflects the opportunity to participate in an arrangement.

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Commencement Information

I11Sch. 2 para. 2 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

3It is immaterial for the purposes of section 14 and this Schedule—E+W+S

(a)to whom a payment is made, and

(b)who receives benefit from a payment.

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Commencement Information

I12Sch. 2 para. 3 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

4It is also immaterial for the purposes of section 14 and this Schedule whether a person knows when he makes a payment that he thereby participates in an arrangement.E+W+S

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Commencement Information

I13Sch. 2 para. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Stamps, telephone calls, &c.E+W+S

5(1)For the purposes of section 14 and this Schedule a reference to paying does not include a reference to incurring the expense, at a normal rate, of—E+W+S

(a)sending a letter by ordinary post,

(b)making a telephone call, or

(c)using any other method of communication.

(2)For the purpose of sub-paragraph (1)—

(a)a “normal rate” is a rate which does not reflect the opportunity to enter a lottery, and

(b)ordinary post means ordinary first-class or second-class post (without special arrangements for delivery).

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Commencement Information

I14Sch. 2 para. 5 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Payment to discover whether prize wonE+W+S

6For the purposes of section 14 and this Schedule a requirement to pay in order to discover whether a prize has been won under an arrangement shall be treated as a requirement to pay in order to participate in the arrangement.E+W+S

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Commencement Information

I15Sch. 2 para. 6 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Payment to claim prizeE+W+S

7For the purposes of section 14 and this Schedule a requirement to pay in order to take possession of a prize which has or may have been allocated to a person under an arrangement shall be treated as a requirement to pay in order to participate in the arrangement.E+W+S

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Commencement Information

I16Sch. 2 para. 7 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Choice of free entryE+W+S

8(1)For the purposes of section 14 and this Schedule an arrangement shall not be treated as requiring persons to pay in order to participate if under the arrangement—E+W+S

(a)each individual who is eligible to participate has a choice whether to participate by paying or by sending a communication,

(b)the communication mentioned in paragraph (a) may be—

(i)a letter sent by ordinary post, or

(ii)another method of communication which is neither more expensive nor less convenient than entering the lottery by paying,

(c)the choice is publicised in such a way as to be likely to come to the attention of each individual who proposes to participate, and

(d)the system for allocating prizes does not differentiate between those who participate by paying and those who participate by sending a communication.

(2)In this paragraph “ordinary post” has the meaning given by paragraph 5(2)(b).

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Commencement Information

I17Sch. 2 para. 8 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Power to make regulationsE+W+S

9Regulations under section 14(7) may, in particular, provide that an activity of a specified kind or performed in specified circumstances is to be or not to be treated as paying to enter a lottery.E+W+S

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Commencement Information

I18Sch. 2 para. 9 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Section 15

SCHEDULE 3E+W+SAmendment of National Lottery etc. Act 1993 (c. 39)

Annual levyE+W+S

1After section 10B of the National Lottery etc. Act 1993 (financial penalties: appeal) insert—E+W+S

10CAnnual levy

(1)The Secretary of State may make regulations requiring holders of licences under section 5 or 6 to pay an annual levy to the Gambling Commission.

(2)The regulations shall, in particular, make provision for—

(a)timing of payment of the levy, and

(b)the amount of the levy.

(3)The regulations may, in particular, make provision—

(a)determining the amount of the levy by reference to a percentage of specified receipts of the holder of a licence under section 5 or 6,

(b)determining the amount of the levy by reference to a percentage of specified profits of the holder of a licence under section 5 or 6,

(c)providing for the determination of the amount of the levy according to a specified formula, or

(d)providing for the determination of the amount of the levy in some other way.

(4)Any sum due by way of levy by virtue of this section shall be treated for the purposes of this Act as if its payment were a condition of the licence under section 5 or 6.

(5)The Gambling Commission shall, with the consent of the Treasury and of the Secretary of State, expend money received by way of levy for purposes related to, or by providing financial assistance for projects related to—

(a)addiction to gambling,

(b)other forms of harm or exploitation associated with gambling, or

(c)any of the licensing objectives for the purposes of the Gambling Act 2005.

(6)In subsection (5) the reference to financial assistance is a reference to grants, loans and any other form of financial assistance, which may be made or given on terms or conditions (which may include terms and conditions as to repayment with or without interest).

(7)The Secretary of State may make regulations under this section only if—

(a)he has made regulations under the Gambling Act 2005 requiring holders of operating licences to pay an annual levy to the Gambling Commission, and

(b)he has consulted the National Lottery Commission.

(8)The Gambling Commission shall consult the National Lottery Commission before incurring expenditure under subsection (5).

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Commencement Information

I19Sch. 3 para. 1 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Consultation with Gambling CommissionE+W+S

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Definition of “lotteryE+W+S

3In section 20 of the National Lottery etc. Act 1993 (interpretation) after the definition of “contravention” insert—E+W+S

lottery” has the same meaning as in the Gambling Act 2005;.

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Commencement Information

I20Sch. 3 para. 3 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Section 20

SCHEDULE 4E+W+SThe Gambling Commission

ConstitutionE+W+S

1The Gambling Commission shall consist of a chairman and other commissioners appointed by the Secretary of State.E+W+S

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Commencement Information

I21Sch. 4 para. 1 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

TenureE+W+S

2(1)A commissioner shall hold and vacate office in accordance with the terms of his appointment (subject to this Schedule).E+W+S

(2)A commissioner may resign by notice in writing to the Secretary of State.

(3)If the Secretary of State thinks that a commissioner is unable, unfit or unwilling to perform his functions, the Secretary of State may dismiss the commissioner.

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Commencement Information

I22Sch. 4 para. 2 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

3The chairman—E+W+S

(a)shall hold and vacate office in accordance with the terms of his appointment (subject to this Schedule),

(b)may resign by notice in writing to the Secretary of State, and

(c)shall cease to be chairman if he ceases to be a commissioner.

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Commencement Information

I23Sch. 4 para. 3 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

4The Secretary of State may not appoint a person as commissioner—E+W+S

(a)for a period of more than five years, or

(b)for periods (whether or not consecutive) exceeding ten years in aggregate.

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Commencement Information

I24Sch. 4 para. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

StaffE+W+S

5(1)The Commission may, with the Secretary of State's consent as to terms and conditions of employment, appoint a chief executive.E+W+S

(2)A person—

(a)may hold appointment both as the chief executive and as a commissioner, but

(b)may not hold appointment both as the chief executive and as the chairman.

(3)Where a person holds appointment both as the chief executive and as a commissioner, if he ceases to be the chief executive he shall cease to be a commissioner.

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Commencement Information

I25Sch. 4 para. 5 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

6The Commission may, with the Secretary of State's consent as to terms and conditions of employment, appoint other staff.E+W+S

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Commencement Information

I26Sch. 4 para. 6 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

ProceedingsE+W+S

7The Commission shall—E+W+S

(a)determine arrangements for the conduct of its proceedings (which may, in particular, include arrangements for a quorum), and

(b)publish those arrangements.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27Sch. 4 para. 7 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

8(1)The Commission may delegate a function to—E+W+S

(a)a commissioner,

[F2(b)a committee of the Commission consisting of—

(i)commissioners, or

(ii)one or more commissioners and one or more employees of the Commission, or]

(c)an employee of the Commission.

(2)Sub-paragraph (1) applies to any function of the Commission including, in particular—

(a)a discretionary function;

(b)the function of conducting a review;

(c)the function of determining whether to revoke a licence or of determining whether to impose a requirement to pay a penalty.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I28Sch. 4 para. 8 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

MoneyE+W+S

9The Commission may, with the consent of the Secretary of State, pay to or in respect of a commissioner or employee sums by way of or in respect of—E+W+S

(a)remuneration;

(b)allowances;

(c)expenses;

(d)pension;

(e)gratuity.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29Sch. 4 para. 9 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

10The Secretary of State may make payments to the Commission for the purpose of enabling the Commission to meet such of its expenses as cannot be met out of fees paid to the Commission under this Act.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 4 para. 10 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

11The Commission may, with the consent of the Secretary of State, borrow money.E+W+S

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Commencement Information

I31Sch. 4 para. 11 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

12The Commission may pay money into the Consolidated Fund.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 4 para. 12 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

13The Commission shall keep accounting records in such form as the Secretary of State may direct.E+W+S

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Commencement Information

I33Sch. 4 para. 13 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

14(1)The Commission shall prepare a statement of accounts for each financial year in such form as the Secretary of State may direct.E+W+S

(2)The Commission shall send a copy of a statement of accounts under sub-paragraph (1) to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General.

(3)The Commission must comply with sub-paragraph (2) within such period, beginning with the end of the financial year to which the accounts relate, as the Secretary of State may specify.

(4)The Comptroller and Auditor General shall—

(a)examine a statement sent to him under sub-paragraph (2),

(b)report on it, and

(c)lay a copy of his report before Parliament.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 4 para. 14 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

15(1)The financial year of the Commission shall be the period of 12 months ending with 31st March.E+W+S

(2)But the first financial year of the Commission shall be the period—

(a)beginning with the commencement of section 20, and

(b)ending with the following 31st March.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Sch. 4 para. 15 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Annual reportE+W+S

16(1)As soon as is reasonably practicable after the end of each financial year the Commission shall send to the Secretary of State a report about the activities of the Commission during the year.E+W+S

(2)Where the Secretary of State receives a report under sub-paragraph (1)—

(a)he shall lay a copy before Parliament, and

(b)he may arrange for the report to be published.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36Sch. 4 para. 16 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

StatusE+W+S

17(1)The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W+S

(2)Property of the Commission shall not be regarded as property of or held on behalf of the Crown.

(3)Membership of or employment by the Commission is not employment in the civil service of the State.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37Sch. 4 para. 17 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

ConsentE+W+S

18Consent given by the Secretary of State for the purposes of this Schedule may be general or specific.E+W+S

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Commencement Information

I38Sch. 4 para. 18 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Section 21

SCHEDULE 5E+W+STransfer from Gaming Board to Gambling Commission: Supplementary Provision

1In this Schedule—E+W+S

  • the Board” means the Gaming Board for Great Britain,

  • commencement” means the coming into force of section 21, and

  • the Commission” means the Gambling Commission.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39Sch. 5 para. 1 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

2Anything done by or in relation to the Board which has effect immediately before commencement shall, so far as necessary for continuing its effect after commencement, have effect as if done by or in relation to the Commission.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I40Sch. 5 para. 2 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

3Anything (including any legal proceedings) which immediately before commencement is in the process of being done by or in relation to the Board may be continued by or in relation to the Commission.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I41Sch. 5 para. 3 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

4So far as necessary or appropriate in consequence of section 21, on and after commencement a reference to the Board in an enactment, instrument or other document shall be treated as a reference to the Commission.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I42Sch. 5 para. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

5(1)Section 21(2) shall operate in relation to rights and liabilities—E+W+S

(a)whether or not they would otherwise be capable of being transferred by the Board, and

(b)without any instrument or other formality being required.

(2)In so far as section 21(2) transfers to the Commission liabilities under contracts of employment nothing in that section or this Schedule shall affect the operation of—

(a)the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794), or

(b)regulations under section 38 of the Employment Relations Act 1999 (c. 26) (replication of the TUPE regulations).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43Sch. 5 para. 5 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Sections 30 and 350

SCHEDULE 6E+W+SExchange of Information: Persons and Bodies

Part 1E+W+SPersons and Bodies with Functions under this Act

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Commencement Information

I44Sch. 6 Pt. 1 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

 

  • A constable or police force

  • An enforcement officer

  • A licensing authority

  • Her Majesty's Commissioners of Customs and Excise

  • [F3The First-tier Tribunal]

  • F4...

  • The Secretary of State

  • The Scottish Ministers

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Amendments (Textual)

Part 2E+W+SEnforcement and Regulatory Bodies

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Commencement Information

I45Sch. 6 Pt. 2 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

 

  • F5...

  • The Charity Commission

  • [F6The Financial Conduct Authority]

  • F7...

  • [F8The Horserace Betting Levy Board]

  • [F9The National Crime Agency]

  • F5...

  • F5...

  • F10...

  • [F11the Competition and Markets Authority]

  • [F12The Pensions Regulator]

  • [F6The Prudential Regulation Authority ]

  • The Serious Fraud Office

  • F13...

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7Words in Sch. 6 Pt. 2 omitted (1.4.2013) by virtue of Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 107(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F13Words in Sch. 6 Pt. 2 omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 166(b); S.I. 2013/1682, art. 3(v)

Part 3E+W+SSport Governing Bodies

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46Sch. 6 Pt. 3 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

 

  • [F14The Association of European Professional Football Leagues (established in Switzerland)

  • Bowls England]

  • [F15The British Boxing Board of Control Limited]

  • [F16The British Darts Organisation Limited

  • The British Horseracing Authority Limited

  • British Lions Limited (incorporated in Ireland)

  • Celtic Rugby Limited (incorporated in Ireland)

  • The Commonwealth Games Federation]

  • [F17Darts Regulation Authority]

  • [F16England Hockey

  • England Squash and Racketball Limited]

  • The England and Wales Cricket Board Limited

  • [F18English Table Tennis Association Limited]

  • [F19European Professional Club Rugby (established in Switzerland);]

  • F20...

  • [F21Fédération Internationale de Football Association]

  • The Football Association Limited

  • The Football Association of Wales Limited

  • [F22The Greyhound Board of Great Britain Limited

  • The International Association of Athletics Federations

  • The International Cricket Council

  • The International Hockey Federation

  • The International Olympic Committee

  • [F23International Paralympic Committee (established in Germany);]

  • F24...

  • The International Tennis Federation (incorporated in the Bahamas as ITF Limited)]

  • [F25Ladies European Tour Limited;]

  • The Lawn Tennis Association

  • The Irish Football Association Limited

  • [F26Irish Rugby Football Union (established in Ireland);]

  • The Jockey Club

  • [F27London Marathon Events Limited;]

  • F28...

  • [F29The Motor Sports Association Limited]

  • F30...

  • The Professional Golfers' Association Limited

  • [F31RLEF Limited;]

  • [F32The Rugby Football League Limited]

  • The Rugby Football Union

  • [F33The Rugby League International Federation]

  • F34...

  • The Scottish Football Association Limited

  • [F35The Scottish Rugby Union PLC

  • Six Nations Rugby Limited]

  • [F36The Tennis Integrity Unit;]

  • UK Athletics Limited

  • [F37The Union of European Football Associations]

  • [F38United Kingdom Anti-Doping Limited]

  • The Welsh Rugby Union Limited

  • [F39The World Darts Federation

  • The World Professional Billiards and Snooker Association Limited]

  • [F40World Rugby Limited (incorporated in Ireland)]

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Amendments (Textual)

Part 4E+W+SNotes

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Commencement Information

I47Sch. 6 Pt. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I48Sch. 6 Pt. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I49Sch. 6 Pt. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

1Where a person or body listed in this Schedule is by virtue of an enactment restricted in the use that may be made of information provided to him or it by another person or body, nothing in section 30 or 350 overrides that restriction—E+W+S

(a)in relation to information provided to the person or body by the Commission, or

(b)so as to permit the person or body to disclose to the Commission information provided to the person or body by another.

2Where by virtue of an enactment the use that may be made of information supplied by a person or body listed in this Schedule is restricted, or where the information may be further disclosed only with the consent of the person or body which provided the information, the prohibition or restriction on further disclosure shall apply to—E+W+S

(a)the supply of information by virtue of this Act, and

(b)the supply of information to the Gambling Commission (whether or not by virtue of this Act).

3Information provided to a person or body by Her Majesty's Commissioners of Customs and Excise in reliance on a provision of this Act may not be provided by that person or body to any other person or body without the consent of the Commissioners.E+W+S

Section 126

F41SCHEDULE 7E+W+SRelevant Offences

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Amendments (Textual)

F41Sch. 7 para. 14A substituted for Sch. 7 paras. 14-16 (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 246(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F41 Part 1 E+W+SThe Offences

Gambling offencesE+W+S

1An offence under—E+W+S

(a)this Act,

(b)the Betting, Gaming and Lotteries Act 1963 (c. 2),

(c)the Gaming Act 1968 (c. 65),

(d)the Lotteries and Amusements Act 1976 (c. 32),

(e)the National Lottery etc. Act 1993 (c. 39), or

(f)the National Lottery Act 1998 (c. 22).

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Commencement Information

I50Sch. 7 para. 1 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

Theft, &c.E+W+S

2An offence under any of the following provisions of the Theft Act 1968 (c. 60)—E+W+S

(a)section 1 (theft),

(b)section 8 (robbery),

(c)section 9 (burglary),

(d)section 10 (aggravated burglary),

(e)section 11 (theft from exhibition, &c.),

(f)section 12A (aggravated vehicle-taking),

(g)section 13 (abstracting electricity),

(h)section 15 (obtaining property by deception),

(i)section 15A (obtaining money transfer by deception),

(j)section 16 (obtaining pecuniary advantage by deception),

(k)section 17 (false accounting),

(l)section 19 (false statement by director, &c.),

(m)section 20 (suppression of document, &c.),

(n)section 21 (blackmail),

(o)section 22 (handling stolen goods),

(p)section 24A (retaining wrong credit), and

(q)section 25 (going equipped for stealing, &c.).

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Commencement Information

I51Sch. 7 para. 2 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

3An offence under section 1 or 2 of the Theft Act 1978 (c. 31) (obtaining services, or evading liability, by deception).E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I52Sch. 7 para. 3 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

[F423AAn offence under the Fraud Act 2006.]E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

4An offence under section 170 or 170B of the Customs and Excise Management Act 1979 (c. 2) (evasion of duty).E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I53Sch. 7 para. 4 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

5An offence under section 58(1) of the Civic Government (Scotland) Act 1982 (c. 45) (convicted thief in possession).E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54Sch. 7 para. 5 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

6Both in England and Wales and in Scotland, the offence at common law of conspiracy to defraud.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55Sch. 7 para. 6 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

7In Scotland the offences at common law of—E+W+S

(a)theft,

(b)robbery,

(c)theft by housebreaking,

(d)fraud,

(e)extortion, and

(f)reset.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 7 para. 7 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

MiscellaneousE+W+S

[F43 8 .An offence listed in Part 2 of Schedule 15 to the Criminal Justice Act 2003 (specified sexual offences).]E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F43Sch. 7 paras. 8-9A added and Sch. 7 paras. 8, 9 removed (8.1.2007) by Gambling Act 2005 (Relevant Offences) (Amendment) Order 2006 (S.I. 2006/3391), arts. 1(1), 2

Commencement Information

I57Sch. 7 para. 8 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

[F438A.An offence under any of the following provisions of the Sexual Offences Act 1956—E+W+S

(a)section 8 (intercourse with a defective);

(b)section 12 (buggery); and

(c)section 18 (fraudulent abduction of an heiress).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F43Sch. 7 paras. 8-9A added and Sch. 7 paras. 8, 9 removed (8.1.2007) by Gambling Act 2005 (Relevant Offences) (Amendment) Order 2006 (S.I. 2006/3391), arts. 1(1), 2

[F438B.An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).]E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F43Sch. 7 paras. 8-9A added and Sch. 7 paras. 8, 9 removed (8.1.2007) by Gambling Act 2005 (Relevant Offences) (Amendment) Order 2006 (S.I. 2006/3391), arts. 1(1), 2

[F43 9 .An offence under the law of England and Wales which leads, or is intended to lead, to a person’s death or to physical injury to a person.]E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F43Sch. 7 paras. 8-9A added and Sch. 7 paras. 8, 9 removed (8.1.2007) by Gambling Act 2005 (Relevant Offences) (Amendment) Order 2006 (S.I. 2006/3391), arts. 1(1), 2

Commencement Information

I58Sch. 7 para. 9 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

[F439A.An offence of arson under section 1 of the Criminal Damage Act 1971 (destroying or damaging property).]E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F43Sch. 7 paras. 8-9A added and Sch. 7 paras. 8, 9 removed (8.1.2007) by Gambling Act 2005 (Relevant Offences) (Amendment) Order 2006 (S.I. 2006/3391), arts. 1(1), 2

10An offence under—E+W+S

(a)the Firearms Act 1968 (c. 27), or

(b)the Firearms (Amendment) Act 1988 (c. 45).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I59Sch. 7 para. 10 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

11An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—E+W+S

(a)section 4(2) (production),

(b)section 4(3) (supply),

(c)section 5(3) (possession with intent to supply), and

(d)section 8 (permitting activity on premises).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I60Sch. 7 para. 11 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

[F4411AAn offence under any of the following provisions of the Psychoactive Substances Act 2016—E+W+S

(a)section 4 (producing a psychoactive substance);

(b)section 5 (supplying, or offering to supply, a psychoactive substance);

(c)section 7 (possession of psychoactive substance with intent to supply);

(d)section 8 (importing or exporting a psychoactive substance).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

12An offence under the Forgery and Counterfeiting Act 1981 (c. 45), except for sections 18 and 19 (reproduction and imitation notes and coins).E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I61Sch. 7 para. 12 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

13An offence under section 3 of the Private Security Industry Act 2001 (c. 12) (unlicensed activity).E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I62Sch. 7 para. 13 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

F4114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I63Sch. 7 para. 14 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

[F4114AAn offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed elsewhere in this Schedule.]E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F41Sch. 7 para. 14A substituted for Sch. 7 paras. 14-16 (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 246(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F4115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F41Sch. 7 para. 14A substituted for Sch. 7 paras. 14-16 (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 246(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I64Sch. 7 para. 15 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

F4116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F41Sch. 7 para. 14A substituted for Sch. 7 paras. 14-16 (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 246(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I65Sch. 7 para. 16 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

17An offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 (offences relating to indecent photographs of children).E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I66Sch. 7 para. 17 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

18An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)—E+W+S

(a)section 1 (incest),

(b)section 2 (intercourse with a stepchild),

(c)section 3 (intercourse with child under 16 by person in position of trust),

(d)section 5 (unlawful intercourse with a girl under 16),

(e)section 6 (indecent behaviour towards girl between 12 and 16),

(f)section 8 (detention of woman in brothel or other premises),

(g)section 10 (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16), and

(h)section 13(5) (homosexual offences).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I67Sch. 7 para. 18 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

[F4518A.An offence under either of the following provisions of the Mental Health (Scotland) Act 1984—E+W+S

(a)section 106 (protection of mentally handicapped females), and

(b)section 107 (protection of patients).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F4518B.An offence under either of the following provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003—E+W+S

(a)section 311 (non-consensual sexual acts), and

(b)section 313 (persons providing care services: sexual offences).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F4518C.An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005—E+W+S

(a)section 1 (meeting a child following certain preliminary contact),

(b)section 9 (paying for sexual services of a child),

(c)section 10 (causing or inciting provision by child of sexual services or child pornography), and

(d)section 11 (controlling a child providing sexual services or involved in pornography).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

19In Scotland, the offences at common law of—E+W+S

(a)rape,

(b)clandestine injury to women,

(c)abduction of a woman or girl with intent to rape or ravish,

(d)assault with intent to rape or ravish,

(e)indecent assault,

(f)lewd, indecent or libidinous behaviour or practices,

(g)shameless indecency,

(h)sodomy,

(i)murder,

(j)culpable homicide, F46...

(k)assault.

[F47(l)wilful fireraising,

(m)culpable and reckless fireraising, and

(n)bestiality.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I68Sch. 7 para. 19 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

20In Scotland, the offence at common law of uttering and fraud.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I69Sch. 7 para. 20 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

21An inchoate offence relating to an offence listed elsewhere in this Schedule.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I70Sch. 7 para. 21 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

22A reference in this Part of this Schedule to an offence under an Act or a provision of an Act includes a reference to an offence under subordinate legislation made under that Act or provision.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I71Sch. 7 para. 22 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

[F4822ASection 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of this Act as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to any provision of this Act.]E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F48Sch. 7 para. 22A inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 246(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Part 2 E+W+SPower to Amend Part 1

23The Secretary of State may by order amend Part 1 of this Schedule so as to—E+W+S

(a)add an entry,

(b)vary an entry, or

(c)remove an entry.

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Commencement Information

I72Sch. 7 para. 23 in force at 5.12.2006 by S.I. 2006/3220, art. 2

Section 140

F49SCHEDULE 8E+W+SGambling Appeals Tribunal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 175

SCHEDULE 9E+W+SApplications for Casino Premises Licences

IntroductionE+W+S

1(1)This Schedule applies to an application for a casino premises licence of a kind in respect of which a limit under section 175 has effect.E+W+S

(2)An application for the variation or transfer of a premises licence is not to be treated for the purposes of this Schedule as an application for a premises licence (despite sections 187(3) and 188(2)).

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Commencement Information

I73Sch. 9 para. 1 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I74Sch. 9 para. 1 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.

Competition for licencesE+W+S

2(1)Before considering an application to which this Schedule applies a licensing authority shall comply with regulations of the Secretary of State about inviting competing applications.E+W+S

(2)The regulations shall, in particular, make provision—

(a)about the publication of invitations (including provision as to the manner and timing of publication and the matters to be published), and

(b)about the timing of responses.

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Commencement Information

I75Sch. 9 para. 2 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I76Sch. 9 para. 2 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.

Two-stage considerationE+W+S

3Paragraph 4 applies where (whether or not as a result of the competition provided for by paragraph 2)—E+W+S

(a)a number of applications for a casino premises licence are made to a licensing authority (“the competing applications”), and

(b)as a result of section 175 and the order under it the authority are able to grant one or more, but not all, of the competing applications.

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Commencement Information

I77Sch. 9 para. 3 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I78Sch. 9 para. 3 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.

4(1)The licensing authority shall first consider in respect of each application whether they would grant it under section 163 if section 175 did not apply.E+W+S

(2)For that purpose—

(a)the authority shall not have regard to whether any of the other competing applications is more deserving of being granted,

(b)subject to paragraph (a), each competing applicant is an interested party in relation to each of the other competing applications, and

(c)Part 8 shall apply, but with the substitution for a reference to the grant of an application in sections 163(1)(a) and 206(2) of a reference to a provisional decision to grant an application subject to the provisions of paragraph 5 below.

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Commencement Information

I79Sch. 9 para. 4 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I80Sch. 9 para. 4 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.

5(1)This paragraph applies if a licensing authority determine under paragraph 4 that they would grant a number of competing applications greater than the number which they can grant as a result of section 175 and the order under it.E+W+S

(2)The authority shall then determine which of those applications to grant under section 163(1)(a).

(3)For that purpose the authority—

(a)shall determine which of the competing applications would, in the authority's opinion, be likely if granted to result in the greatest benefit to the authority's area,

(b)may enter into a written agreement with an applicant, whether as to the provision of services in respect of the authority's area or otherwise,

(c)may determine to attach conditions under section 169 to any licence issued so as to give effect to an agreement entered into under paragraph (b), and

(d)may have regard to the effect of an agreement entered into under paragraph (b) in making the determination specified in paragraph (a).

(4)Having determined to grant one or more applications under sub-paragraph (2) the authority shall—

(a)grant that application or those applications under section 163(1)(a), and

(b)reject the other competing applications under section 163(1)(b).

(5)The list in section 164(1)(a) shall be treated as including any competing applicant whose application the authority decided provisionally to grant under paragraph 4.

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Commencement Information

I81Sch. 9 para. 5 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I82Sch. 9 para. 5 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.

6(1)The Secretary of State may issue a code of practice about—E+W+S

(a)the procedure to be followed in making the determinations required by paragraphs 4 and 5, and

(b)matters to which a licensing authority should have regard in making those determinations.

(2)A licensing authority shall comply with a code of practice under sub-paragraph (1).

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Commencement Information

I83Sch. 9 para. 6 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I84Sch. 9 para. 6 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.

7(1)Where a licensing authority issue a casino premises licence following a determination to grant an application in accordance with paragraph 5, a condition attached to the licence under section 169 may, in particular, give effect to any agreement entered into under paragraph 5(3)(b) above.E+W+S

(2)In that case—

(a)the condition shall refer to the agreement,

(b)a copy of the agreement shall be attached to the licence, and

(c)a variation of the agreement shall have effect only if accompanied by variation of the condition under section 187.

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Commencement Information

I85Sch. 9 para. 7 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I86Sch. 9 para. 7 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.

8(1)An appeal may be brought under section 206(1) or (2) in respect of a decision under paragraph 4.E+W+S

(2)While an appeal under section 206 could be brought by virtue of sub-paragraph (1), or has been brought by virtue of that sub-paragraph and has not yet been either finally determined or abandoned, the licensing authority shall take no action under paragraph 5(2).

(3)Sub-paragraph (2) has effect in place of section 208 in respect of an appeal by virtue of sub-paragraph (1).

(4)No appeal may be brought under section 206 in respect of a decision under paragraph 5.

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Commencement Information

I87Sch. 9 para. 8 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I88Sch. 9 para. 8 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.

Provisional statementsE+W+S

9A reference in this Schedule to an application for a casino premises licence includes a reference to an application for a provisional statement where this Schedule would apply to an application for a premises licence made in reliance on the provisional statement.E+W+S

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Commencement Information

I89Sch. 9 para. 9 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I90Sch. 9 para. 9 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.

10(1)This paragraph applies where the process described in paragraphs 3 to 5 results in the issue of a provisional statement.E+W+S

(2)Paragraphs 2 to 5 shall not apply by reason only of the fact that an application for a casino premises licence is made—

(a)in reliance on the provisional statement, and

(b)while it has effect.

(3)The licensing authority may provide in the provisional statement for it to cease to have effect at the end of a specified period.

(4)A licensing authority may extend a period specified under sub-paragraph (3) on the application of the person to whom the provisional statement is issued; and—

(a)the Secretary of State may by regulations provide for the procedure to be followed in relation to an application under this subsection, and

(b)sections 206 to 209 shall apply but—

(i)with the omission of section 206(2)(a),

(ii)as if section 208(1) referred not to a determination or other action under this Part but to a provision included in a provisional statement under sub-paragraph (3) above, and

(iii)with any other necessary modifications.

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Commencement Information

I91Sch. 9 para. 10 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I92Sch. 9 para. 10 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.

Section 247

SCHEDULE 10E+W+SFamily Entertainment Centre Gaming Machine Permits

InterpretationE+W+S

1In this Schedule—E+W+S

  • holder”, in relation to a permit, means the person to whom the permit is issued,

  • the licensing authority”—

    (a)

    in relation to an application, means the licensing authority to whom the application is made, and

    (b)

    in relation to a permit, means the licensing authority who issue it,

  • permit” means a family entertainment centre gaming machine permit,

  • the premises”, in relation to an application or permit, means the premises in respect of which the permit is sought or issued, and

  • prescribed” means prescribed by regulations made by the Secretary of State except that in paragraphs 5(d) and 21(2) it means, where the application is made to a licensing authority in Scotland, prescribed by regulations made by the Scottish Ministers.

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Commencement Information

I93Sch. 10 para. 1 in force at 13.11.2006 by S.I. 2006/2964, art. 2(d)

Making of applicationE+W+S

2(1)An application for a permit may be made only by a person who—E+W+S

(a)occupies or proposes to occupy the premises, and

(b)proposes to use the premises as an unlicensed family entertainment centre.

(2)If the applicant for a permit is an individual, he must be an adult.

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Commencement Information

I94Sch. 10 para. 2 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

I95Sch. 10 para. 2 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

3An application for a permit may not be made if a premises licence has effect in respect of the premises.E+W+S

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Commencement Information

I96Sch. 10 para. 3 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

I97Sch. 10 para. 3 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

4An application for a permit must be made to a licensing authority in whose area the premises are wholly or partly situated.E+W+S

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Commencement Information

I98Sch. 10 para. 4 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

I99Sch. 10 para. 4 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

5An application for a permit must—E+W+S

(a)be made in such form and manner as the licensing authority may direct,

(b)specify the premises in respect of which the permit is sought,

(c)contain or be accompanied by such other information or documents as the licensing authority may direct, and

(d)be accompanied by the prescribed fee.

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Commencement Information

I100Sch. 10 para. 5 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

I101Sch. 10 para. 5 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Consideration of applicationE+W+S

6Sections 154 and 155 shall have effect in relation to the functions of a licensing authority under this Schedule as they have effect in relation to functions of a licensing authority under Part 8.E+W+S

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Commencement Information

I102Sch. 10 para. 6 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

7(1)A licensing authority may prepare a statement of principles that they propose to apply in exercising their functions under this Schedule.E+W+S

(2)A statement under sub-paragraph (1) may, in particular, specify matters that the licensing authority proposes to consider in determining the suitability of an applicant for a permit.

(3)In exercising their functions under this Schedule a licensing authority—

(a)need not (but may) have regard to the licensing objectives, and

(b)shall have regard to any relevant guidance issued by the Commission under section 25.

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Commencement Information

I103Sch. 10 para. 7(1) (2) in force at 13.11.2006 by S.I. 2006/2964, art. 2(d)

I104Sch. 10 para. 7(3) in force at 13.11.2006 for specified purposes by S.I. 2006/2964, art. 2(e)

I105Sch. 10 para. 7(3) in force at 21.5.2007 in so far as not already in force by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

Determination of applicationE+W+S

8(1)On considering an application for a permit a licensing authority may—E+W+S

(a)grant it, or

(b)refuse it.

(2)A licensing authority may not attach conditions to a permit.

(3)As soon as is reasonably practicable after granting an application a licensing authority shall issue a permit to the applicant.

(4)As soon as is reasonably practicable after refusing an application a licensing authority shall notify the applicant of—

(a)the refusal, and

(b)the reasons for it.

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Commencement Information

I106Sch. 10 para. 8 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

I107Sch. 10 para. 8 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

9A licensing authority may grant an application for a permit only if they—E+W+S

(a)are satisfied that the applicant intends to use the premises as an unlicensed family entertainment centre, and

(b)have consulted the chief officer of police for a police area in which the premises are wholly or partly situated.

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Commencement Information

I108Sch. 10 para. 9 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

I109Sch. 10 para. 9 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

10(1)A licensing authority may not refuse an application unless they have—E+W+S

(a)notified the applicant of their intention to refuse the application and of their reasons, and

(b)given the applicant an opportunity to make representations.

(2)A licensing authority may satisfy sub-paragraph (1)(b) by giving the applicant an opportunity to make—

(a)oral representations,

(b)written representations, or

(c)both.

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Commencement Information

I110Sch. 10 para. 10 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

I111Sch. 10 para. 10 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Form of permitE+W+S

11(1)A permit must be in the prescribed form and must specify—E+W+S

(a)the person to whom it is issued,

(b)the premises, and

(c)the date on which it takes effect.

(2)If the person to whom a permit is issued changes his name or wishes to be known by another name—

(a)he may send the permit to the licensing authority with—

(i)the prescribed fee, and

(ii)a request that a new name be substituted for the old name, and

(b)the licensing authority shall comply with the request and return the permit to the holder.

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Commencement Information

I112Sch. 10 para. 11 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

I113Sch. 10 para. 11 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

DurationE+W+S

12A permit shall cease to have effect at the end of the period of ten years beginning with the date specified under paragraph 11(1)(c) unless—E+W+S

(a)it ceases to have effect before that time in accordance with a provision of this Schedule, or

(b)it is renewed in accordance with paragraph 18.

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Commencement Information

I114Sch. 10 para. 12(a) in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

I115Sch. 10 para. 12(b) in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

13(1)A permit shall lapse if the holder ceases to occupy the premises specified under paragraph 11(1)(b).E+W+S

(2)A permit shall not take effect if on the date specified under paragraph 11(1)(c) the person to whom the permit is issued is not an occupier of the premises specified under paragraph 11(1)(b).

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Commencement Information

I116Sch. 10 para. 13 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

14A permit shall lapse if the licensing authority notify the holder that the premises are not being used as a family entertainment centre.E+W+S

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Commencement Information

I117Sch. 10 para. 14 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

15(1)A permit held by an individual shall lapse if—E+W+S

(a)he dies,

(b)he becomes, in the opinion of the licensing authority as notified to him, incapable of carrying on the activities authorised by the permit by reason of mental or physical incapacity,

(c)he becomes bankrupt (within the meaning of section 381 of the Insolvency Act 1986 (c. 45)), [F50or a debt relief order is made in respect of him (under Part 7A of the Insolvency Act 1986)] or

(d)sequestration of his estate is awarded under section [F5122(1) of the Bankruptcy (Scotland) Act 2016] .

(2)In any other case a permit shall lapse if the holder—

(a)ceases to exist, or

(b)goes into liquidation (within the meaning of section 247(2) of the Insolvency Act 1986).

(3)During the period of six months beginning with the date on which a permit lapses under this paragraph the following may rely on it as if it had effect and were issued to them—

(a)the personal representatives of the holder (in the case of an individual holder who dies),

(b)the trustee of the bankrupt's estate (in the case of an individual holder who becomes bankrupt), and

(c)the liquidator of the company (in the case of a company holder that goes into liquidation).

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Amendments (Textual)

Commencement Information

I118Sch. 10 para. 15 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

16A permit shall cease to have effect if the holder gives to the licensing authority—E+W+S

(a)notice of surrender, and

(b)either—

(i)the permit, or

(ii)a statement explaining why it is not reasonably practicable to produce the permit.

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Commencement Information

I119Sch. 10 para. 16 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

17(1)Where the holder of a permit is convicted of a relevant offence the court by or before which he is convicted may order forfeiture of the permit.E+W+S

(2)Forfeiture under this paragraph shall be on such terms (which may include terms as to suspension) as may be specified by—

(a)the court which orders forfeiture,

(b)a court to which an appeal against the conviction, or against any order made on the conviction, has been or could be made, or

(c)the High Court, if hearing proceedings relating to the conviction.

(3)Subject to any express provision made under sub-paragraph (2), a permit shall cease to have effect on the making of a forfeiture order under this paragraph.

(4)The terms on which forfeiture is ordered under this paragraph shall, in particular, include a requirement that the holder of the permit deliver to the licensing authority within such time as the order may specify—

(a)the permit, or

(b)a statement explaining why it is not reasonably practicable to produce the permit.

(5)As soon as is reasonably practicable after making or suspending an order for forfeiture under this paragraph a court shall notify the licensing authority.

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Commencement Information

I120Sch. 10 para. 17 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

RenewalE+W+S

18(1)The holder of a permit may apply to the licensing authority for renewal of the permit.E+W+S

(2)An application for renewal may not be made—

(a)before the period of six months ending with the date on which the permit would otherwise expire in accordance with paragraph 12, or

(b)after the beginning of the period of two months ending with that date.

(3)The provisions of this Schedule shall have effect (with any necessary modifications) in relation to an application for renewal as they have effect in relation to an application for a permit.

(4)A licensing authority may refuse an application for renewal of a permit only on the grounds—

(a)that an authorised local authority officer has been refused access to the premises without reasonable excuse, or

(b)that renewal would not be reasonably consistent with pursuit of the licensing objectives.

(5)Paragraph 12 shall have effect in relation to a renewed permit as if the date of renewal were the date specified under paragraph 11(1)(c).

(6)A permit shall not cease to have effect by virtue only of paragraph 12 while—

(a)an application for renewal of the permit is pending, or

(b)an appeal against a decision on an application for renewal of the permit is pending.

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Commencement Information

I121Sch. 10 para. 18 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

MaintenanceE+W+S

19The holder of a permit shall keep it on the premises.E+W+S

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Commencement Information

I122Sch. 10 para. 19 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

20(1)An occupier of premises in respect of which a permit has effect commits an offence if without reasonable excuse he fails to produce the permit on request for inspection by—E+W+S

(a)a constable,

(b)an enforcement officer, or

(c)an authorised local authority officer.

(2)A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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Commencement Information

I123Sch. 10 para. 20 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

21(1)Where a permit is lost, stolen or damaged, the holder may apply to the licensing authority for a copy.E+W+S

(2)An application under sub-paragraph (1) must be accompanied by the prescribed fee.

(3)A licensing authority shall consider an application under this paragraph and shall grant it if satisfied—

(a)that the permit has been lost, stolen or damaged, and

(b)where the permit has been lost or stolen, that the loss or theft has been reported to the police.

(4)As soon as is reasonably practicable after granting an application under this paragraph a licensing authority shall issue a copy of the permit certified by the authority as a true copy.

(5)A copy of a permit issued under this paragraph shall be treated as if it were the permit.

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Commencement Information

I124Sch. 10 para. 21 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

AppealE+W+S

22(1)The applicant for or holder of a permit may appeal if the licensing authority—E+W+S

(a)reject an application for the issue or renewal of a permit,

(b)give a notice under paragraph 14, or

(c)give a notice under paragraph 15(1)(b).

(2)An appeal under this paragraph must be instituted—

(a)in the magistrates' court for a local justice area in which the premises to which the appeal relates are wholly or partly situated,

(b)by notice of appeal given to the designated officer, and

(c)within the period of 21 days beginning with the day on which the appellant or holder receives notice of the decision against which the appeal is brought.

(3)On an appeal the magistrates' court may—

(a)dismiss the appeal;

(b)substitute for the decision appealed against any decision that the licensing authority could have made (with effect from such date and on such transitional or other terms as the court may specify);

(c)restore a permit (with effect from such date and on such transitional or other terms as the court may specify);

(d)remit the case to the licensing authority to decide in accordance with a direction of the court;

(e)make an order about costs.

(4)Sub-paragraph (1) applies to a decision of a licensing authority following remittal under sub-paragraph (3)(d).

(5)In relation to premises in Scotland—

(a)sub-paragraph (2)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,

(b)sub-paragraph (2)(b) shall not have effect,

(c)the reference in sub-paragraph (3) to the magistrates' court shall have effect as a reference to the sheriff, and

(d)the reference in sub-paragraph (3) to costs shall have effect as a reference to expenses.

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Commencement Information

I125Sch. 10 para. 22 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

I126Sch. 10 para. 22 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

RegisterE+W+S

23(1)A licensing authority shall—E+W+S

(a)maintain a register of permits issued by the authority together with such other information as may be prescribed,

(b)make the register and information available for inspection by members of the public at all reasonable times, and

(c)make arrangements for the provision of a copy of an entry in the register, or of information, to a member of the public on request.

(2)A licensing authority may refuse to provide a copy of an entry or of information unless the person seeking it pays a reasonable fee specified by the authority.

(3)The Secretary of State may make regulations about—

(a)the form of the register;

(b)the manner in which it is maintained.

(4)The Secretary of State may make regulations—

(a)requiring licensing authorities to give to the Commission specified information about permits issued by them;

(b)requiring the Commission to maintain a register of the information provided to it under paragraph (a);

(c)requiring the Commission to grant access to the register to members of the public (without charge);

(d)requiring the Commission to make copies of entries available on request, and on payment of a reasonable fee, to members of the public;

(e)excusing licensing authorities, wholly or partly, from compliance with sub-paragraph (1).

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Commencement Information

I127Sch. 10 para. 23 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

Vehicles and vesselsE+W+S

24A permit may not be issued in respect of a vehicle or vessel (or part of a vehicle or vessel).E+W+S

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Commencement Information

I128Sch. 10 para. 24 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

Section 258

SCHEDULE 11E+W+SExempt Lotteries

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Modifications etc. (not altering text)

Part 1E+W+SIncidental F52... Lotteries

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Amendments (Textual)

The exemptionE+W+S

1(1)A lottery is exempt if—E+W+S

(a)it is incidental to [F53an event] (“the connected event”), and

(b)the conditions specified in this Part are satisfied.

(2)A lottery to which sub-paragraph (1) applies is referred to in this Part as an incidental F54... lottery.

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Amendments (Textual)

F53Words in Sch. 11 para. 1(1)(a) substituted (6.4.2016) by The Legislative Reform (Exempt Lotteries) Order 2016 (S.I. 2016/124), arts. 1(1), 2(b)

F54Word in Sch. 11 para. 1(2) omitted (6.4.2016) by virtue of The Legislative Reform (Exempt Lotteries) Order 2016 (S.I. 2016/124), arts. 1(1), 2(c)

Commencement Information

I129Sch. 11 para. 1 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I130Sch. 11 para. 1 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

F552. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Deductions from proceedsE+W+S

3The promoters of an incidental F56... lottery may not deduct from the proceeds of the lottery more than the prescribed sum in respect of the cost of the prizes (irrespective of their actual cost).E+W+S

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Amendments (Textual)

Commencement Information

I131Sch. 11 para. 3 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I132Sch. 11 para. 3 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

4The promoters of an incidental F56... lottery may not deduct from the proceeds of the lottery more than the prescribed sum in respect of costs incurred in organising the lottery (irrespective of the amount of the costs incurred).E+W+S

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Amendments (Textual)

Commencement Information

I133Sch. 11 para. 4 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I134Sch. 11 para. 4 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Purpose of lotteryE+W+S

5An incidental F56... lottery must be promoted wholly for a purpose other than that of private gain.E+W+S

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Commencement Information

I135Sch. 11 para. 5 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I136Sch. 11 para. 5 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

No rolloverE+W+S

6The arrangements for an incidental F56... lottery must not include a rollover.E+W+S

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Commencement Information

I137Sch. 11 para. 6 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I138Sch. 11 para. 6 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Connection between lottery and eventE+W+S

7(1)No lottery ticket for an incidental F56... lottery may be sold or supplied otherwise than—E+W+S

(a)on the premises on which the connected event takes place, and

(b)while the connected event is taking place.

F57(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I139Sch. 11 para. 7 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I140Sch. 11 para. 7 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Interpretation: “prescribed”E+W+S

8In this Part “prescribed” means prescribed by the Secretary of State by regulations.E+W+S

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Commencement Information

I141Sch. 11 para. 8 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I142Sch. 11 para. 8 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Part 2E+W+SPrivate Lotteries

The exemptionE+W+S

9(1)A lottery is exempt if—E+W+S

(a)it is a private society lottery, a work lottery or a residents' lottery within the meaning of paragraphs 10 to 12, and

(b)the other conditions specified in this Part are satisfied.

(2)In this Part a reference to a private lottery is a reference to a private society lottery, a work lottery or a residents' lottery.

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Commencement Information

I143Sch. 11 para. 9 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Private society lotteryE+W+S

10(1)A lottery is a private society lottery if—E+W+S

(a)it is promoted only by authorised members of a society, and

(b)each person to whom a ticket is sold is either a member of the society or on premises wholly or mainly used for the administration of the society or the conduct of its affairs (“society premises”).

(2)In this Part “society” means any group or society established and conducted for purposes not connected with gambling.

(3)In sub-paragraph (1)(a) “authorised” means authorised in writing by the society or, if it has one, its governing body.

(4)In relation to a society which has branches or sections, the reference to a society in sub-paragraph (1)(a) is a reference to a single branch or section.

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Commencement Information

I144Sch. 11 para. 10 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I145Sch. 11 para. 10 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Work lotteryE+W+S

11(1)A lottery is a work lottery if—E+W+S

(a)the promoters work on a single set of premises (“the work premises”), and

(b)each person to whom a ticket is sold or supplied also works on the work premises.

(2)For the purposes of this paragraph a person works on premises if he—

(a)is employed under a contract of employment to work at or from the premises,

(b)undertakes to work at or from the premises (whether or not for remuneration), or

(c)conducts a business at or from the premises.

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Commencement Information

I146Sch. 11 para. 11 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I147Sch. 11 para. 11 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Residents' lotteryE+W+S

12(1)A lottery is a residents' lottery if—E+W+S

(a)the promoters live in a single set of premises (“the residential premises”), and

(b)each person to whom a ticket is sold or supplied also lives in the residential premises.

(2)For the purposes of this paragraph a person lives in premises if he habitually resides in any part of the premises (whether or not there are other premises in which he also habitually resides).

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Commencement Information

I148Sch. 11 para. 12 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I149Sch. 11 para. 12 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Purpose of lotteryE+W+S

13(1)A private society lottery may be promoted for any of the purposes for which the society is conducted [F58or for any other purpose other than that of private gain] .E+W+S

(2)A work lottery or residents' lottery must be—

[F59(a)] organised in such a way as to ensure that no profits are made[F60, or

(b)promoted wholly for a purpose other than that of private gain.]

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Amendments (Textual)

F59Words in Sch. 11 para. 13(2) renumbered as Sch. 11 para. 13(2)(a) (6.4.2016) by The Legislative Reform (Exempt Lotteries) Order 2016 (S.I. 2016/124), arts. 1(1), 3(b)

F60Sch. 11 para. 13(2)(b) and word inserted (6.4.2016) by The Legislative Reform (Exempt Lotteries) Order 2016 (S.I. 2016/124), arts. 1(1), 3(c)

Commencement Information

I150Sch. 11 para. 13 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

AdvertisingE+W+S

14(1)No advertisement for a private society lottery may be—E+W+S

(a)displayed or distributed except on the society premises, or

(b)sent to any other premises.

(2)No advertisement for a work lottery may be—

(a)displayed or distributed except on the work premises, or

(b)sent to any other premises.

(3)No advertisement for a residents' lottery may be—

(a)displayed or distributed except on the residential premises, or

(b)sent to any other premises.

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Commencement Information

I151Sch. 11 para. 14 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Lottery ticketsE+W+S

15Each ticket in a private lottery must be a document (without prejudice to section 253).E+W+S

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Commencement Information

I152Sch. 11 para. 15 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

16(1)A ticket in a private lottery may be sold or supplied only by or on behalf of the promoters.E+W+S

(2)The rights conferred by the sale or supply of a ticket in a private lottery shall not be transferable (and any purported transfer shall be treated by the promoters of the lottery as being ineffective).

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Commencement Information

I153Sch. 11 para. 16 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

F6117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

PriceE+W+S

18The price payable for each ticket in a private lottery—E+W+S

(a)must be the same,

(b)F62...and

(c)must be paid to the promoters of the lottery before any person is given the ticket or any right in respect of membership of the class among whom prizes are to be allocated.

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Amendments (Textual)

Commencement Information

I154Sch. 11 para. 18 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

No rolloverE+W+S

19The arrangements for a private lottery must not include a rollover.E+W+S

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Commencement Information

I155Sch. 11 para. 19 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Part 3E+W+SCustomer lottery

The exemptionE+W+S

20(1)A lottery is exempt if—E+W+S

(a)it is promoted by a person (“the promoter”) who occupies premises in Great Britain in the course of a business (“the business premises”),

(b)no ticket in the lottery is sold or supplied to a person except at a time when he is on the business premises as a customer of the promoter, and

(c)the other conditions of a customer lottery specified in this Part are satisfied.

(2)A lottery to which sub-paragraph (1) applies is referred to in this Part as a customer lottery.

(3)For the purposes of sub-paragraph (1)(a)—

(a)it is immaterial whether persons other than the person who occupies the business premises also perform activities which amount to promotion of the lottery in accordance with section 252, but

(b)a reference in this Part to the promoter does not include a reference to any of those other persons.

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Commencement Information

I156Sch. 11 para. 20 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I157Sch. 11 para. 20 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

No profitsE+W+S

21A customer lottery must be organised in such a way as to ensure that no profits are made.E+W+S

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Commencement Information

I158Sch. 11 para. 21 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

AdvertisingE+W+S

22No advertisement for a customer lottery may be—E+W+S

(a)displayed or distributed except on the business premises, or

(b)sent to any other premises.

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Commencement Information

I159Sch. 11 para. 22 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Lottery ticketsE+W+S

23Each ticket in a customer lottery must be a document (without prejudice to section 253).E+W+S

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Commencement Information

I160Sch. 11 para. 23 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

24(1)A ticket in a customer lottery may be sold or supplied only by or on behalf of the promoter.E+W+S

(2)The rights conferred by the sale or supply of a ticket in a customer lottery shall not be transferable (and any purported transfer shall be treated by the promoter of the lottery as being ineffective).

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Commencement Information

I161Sch. 11 para. 24 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

25Each ticket in a customer lottery—E+W+S

(a)must state the name and an address of the promoter of the lottery,

(b)must specify the class of persons to whom the promoter is willing to sell or supply tickets, and

(c)must explain the condition in paragraph 24(2).

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Commencement Information

I162Sch. 11 para. 25 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

PriceE+W+S

26The price payable for each ticket in a customer lottery—E+W+S

(a)must be the same,

(b)must be shown on the ticket, and

(c)must be paid to the promoter of the lottery before any person is given the ticket or any right in respect of membership of the class among whom prizes are to be allocated.

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Commencement Information

I163Sch. 11 para. 26 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Maximum prizeE+W+S

27It must not be possible for the purchaser of a ticket in a customer lottery to win by virtue of that ticket more than £50 (whether in money, money's worth, or partly the one and partly the other).E+W+S

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Commencement Information

I164Sch. 11 para. 27 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

No rolloverE+W+S

28The arrangements for a customer lottery must not include a rollover.E+W+S

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Commencement Information

I165Sch. 11 para. 28 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

FrequencyE+W+S

29A draw in a customer lottery must not take place during a period of seven days beginning with a previous draw in—E+W+S

(a)that customer lottery, or

(b)another customer lottery promoted on the business premises.

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Commencement Information

I166Sch. 11 para. 29 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Part 4E+W+SSmall Society Lotteries

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Modifications etc. (not altering text)

The exemptionE+W+S

30(1)A lottery is exempt if—E+W+S

(a)it is promoted wholly on behalf of a non-commercial society (“the promoting society”),

(b)it is a small lottery (within the meaning of paragraph 31), and

(c)the other conditions of a small society lottery specified in this Part are satisfied.

(2)A lottery promoted wholly on behalf of a non-commercial society is referred to in this Part as a small society lottery.

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Commencement Information

I167Sch. 11 para. 30 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I168Sch. 11 para. 30 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

31(1)For the purposes of this Part a society lottery is a small lottery unless it is a large lottery by virtue of any of sub-paragraphs (2) to (5).E+W+S

(2)A society lottery is a large lottery if the arrangements for it are such that its proceeds may exceed £20,000.

(3)A society lottery is a large lottery if it is promoted wholly or partly at a time in a calendar year at which the aggregate of the promoting society's proceeds from society lotteries promoted wholly or partly during that year exceeds £250,000.

(4)A society lottery is a large lottery if the arrangements for it are such that (disregarding any other society lottery the sale of tickets for which is not concluded) it may during its promotion become a large lottery by virtue of sub-paragraph (3).

(5)If a society promotes a lottery that is a large society lottery by virtue of sub-paragraph (2), (3) or (4) (“the first lottery”), any other society lottery promoted by that society is a large lottery if it is wholly or partly promoted—

(a)after the beginning of the promotion of the first lottery and in a calendar year during which the first lottery is wholly or partly promoted, or

(b)in any of the three calendar years successively following the last calendar year during which the first lottery was wholly or partly promoted.

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Modifications etc. (not altering text)

Commencement Information

I169Sch. 11 para. 31 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I170Sch. 11 para. 31 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Purpose of lotteryE+W+S

32A small society lottery may be promoted for any of the purposes for which the promoting society is conducted.E+W+S

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Commencement Information

I171Sch. 11 para. 32 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Minimum distribution for fund-raising purposeE+W+S

33The arrangements for a small society lottery must ensure that at least 20% of the proceeds of the lottery are applied to a purpose for which the society is conducted.E+W+S

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Commencement Information

I172Sch. 11 para. 33 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Maximum prizeE+W+S

34It must not be possible for the purchaser of a ticket in a small society lottery to win by virtue of that ticket (whether in money, money's worth, or partly the one and partly the other) more than £25,000.E+W+S

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Commencement Information

I173Sch. 11 para. 34 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

RolloverE+W+S

35(1)The arrangements for a small society lottery may include a rollover only if each other lottery which may be affected by the rollover is a small society lottery promoted by or on behalf of the same society.E+W+S

(2)This paragraph is subject to paragraph 34.

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Commencement Information

I174Sch. 11 para. 35 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

TicketsE+W+S

36(1)Where a person purchases a lottery ticket in a small society lottery he must receive a document which—E+W+S

(a)identifies the promoting society,

(b)states the price of the ticket,

(c)states the name and an address of—

(i)a member of the society who is designated, by persons acting on behalf of the society, as having responsibility within the society for the promotion of the lottery, or

(ii)if there is one, the external lottery manager, and

(d)either—

(i)states the date of the draw (or each draw) in the lottery, or

(ii)enables the date of the draw (or each draw) in the lottery to be determined.

(2)For the purpose of sub-paragraph (1) a reference to a person receiving a document includes, in particular, a reference to a message being sent or displayed to him electronically in a manner which enables him to—

(a)retain the message electronically, or

(b)print it.

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Commencement Information

I175Sch. 11 para. 36 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

PriceE+W+S

37(1)The price payable for each ticket in a small society lottery—E+W+S

(a)must be the same, and

(b)must be paid to the promoter of the lottery before any person is given the ticket or any right in respect of membership of the class among whom prizes are to be allocated.

(2)Membership of the class among whom prizes in a small society lottery are allocated may not be dependent on making any payment (apart from payment of the price of a ticket).

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Commencement Information

I176Sch. 11 para. 37 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

RegistrationE+W+S

38The promoting society of a small society lottery must, throughout the period during which the lottery is promoted, be registered with a local authority in accordance with Part 5 of this Schedule.E+W+S

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Commencement Information

I177Sch. 11 para. 38 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Filing of recordsE+W+S

39(1)The promoting society of a small society lottery must send to the local authority with which the society is registered under Part 5 of this Schedule a statement of the matters specified in sub-paragraph (2).E+W+S

(2)Those matters are—

(a)the arrangements for the lottery (including the dates on which tickets were available for sale or supply, the dates of any draw and the arrangements for prizes (including any rollover),

(b)the proceeds of the lottery,

(c)the amounts deducted by the promoters of the lottery in respect of the provision of prizes (including the provision of prizes in accordance with any rollover),

(d)the amounts deducted by the promoters of the lottery in respect of other costs incurred in organising the lottery,

(e)any amount applied to a purpose for which the promoting society is conducted, and

(f)whether any expenses in connection with the lottery were defrayed otherwise than by deduction from proceeds, and, if they were—

(i)the amount of the expenses, and

(ii)the sources from which they were defrayed.

(3)The statement must be sent to the local authority during the period of three months beginning with the day on which the draw (or the last draw) in the lottery takes place.

(4)The statement must be—

(a)signed by two members of the society who are appointed for the purpose in writing by the society or, if it has one, its governing body, and

(b)accompanied by a copy of the appointment under paragraph (a).

(5)A member signing a statement in accordance with sub-paragraph (4) must be an adult.

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Commencement Information

I178Sch. 11 para. 39 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

40(1)If after receiving a statement under paragraph 39 a local authority think that the lottery to which the statement relates was a large lottery, they shall notify the Commission in writing.E+W+S

(2)A notice under sub-paragraph (1) shall be accompanied by a copy of—

(a)the statement relating to the lottery, and

(b)the statement relating to any other lottery as a result of which the lottery mentioned in paragraph (a) is a large lottery.

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Commencement Information

I179Sch. 11 para. 40 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Part 5E+W+SRegistration With Local Authority

Local authorityE+W+S

41In this Part “local authority” means—E+W+S

(a)in relation to England—

(i)a district council,

(ii)a county council for a county in which there are no district councils,

(iii)a London borough council,

(iv)the Common Council of the City of London, and

(v)the Council of the Isles of Scilly,

(b)in relation to Wales,

(i)a county council, and

(ii)a county borough council, and

(c)in relation to Scotland, a licensing board [F63continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16)].

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Amendments (Textual)

F63Words in Sch. 11 para. 41(c) substituted (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), sch. 1 para. 12(8) (with art. 3)

Commencement Information

I180Sch. 11 para. 41 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

ApplicationE+W+S

42(1)A society may apply to the relevant local authority for registration under this Part.E+W+S

(2)An application under this paragraph—

(a)must be in the prescribed form,

(b)must specify the purposes for which the society is conducted,

(c)must contain such other information, and be accompanied by such documents, as may be prescribed, and

(d)must be accompanied by the prescribed fee.

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Commencement Information

I181Sch. 11 para. 42 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

43In relation to the registration of a society, the relevant local authority is the local authority for the area in which the principal premises of the society are situated.E+W+S

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Commencement Information

I182Sch. 11 para. 43 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

RegistrationE+W+S

44As soon as is reasonably practicable after receipt of an application under paragraph 42 a local authority shall, subject to paragraphs 47 and 48—E+W+S

(a)enter the applicant, together with such information as may be prescribed, in a register kept by the authority for the purposes of this Part,

(b)notify the applicant of his registration, and

(c)notify the Commission of the registration.

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Modifications etc. (not altering text)

Commencement Information

I183Sch. 11 para. 44 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Gambling CommissionE+W+S

45As soon as is reasonably practicable after receipt of notice of a registration under paragraph 44(c) the Commission shall record the registration.E+W+S

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Commencement Information

I184Sch. 11 para. 45 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

46(1)A notice under paragraph 44(c) must be accompanied by such part of the application fee as may be prescribed.E+W+S

(2)In sub-paragraph (1) “application fee” means the fee accompanying an application under paragraph 42.

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Modifications etc. (not altering text)

Commencement Information

I185Sch. 11 para. 46 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Refusal of registrationE+W+S

47A local authority shall refuse an application for registration if in the period of five years ending with the date of the application—E+W+S

(a)an operating licence held by the applicant for registration has been revoked under section 119(1), or

(b)an application for an operating licence made by the applicant for registration has been refused.

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Commencement Information

I186Sch. 11 para. 47 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

48A local authority may refuse an application for registration if they think that—E+W+S

(a)the applicant is not a non-commercial society,

(b)a person who will or may be connected with the promotion of the lottery has been convicted of a relevant offence, or

(c)information provided in or with the application for registration is false or misleading.

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Commencement Information

I187Sch. 11 para. 48 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

49A local authority may not refuse an application for registration unless they have given the applicant an opportunity to make representations.E+W+S

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Commencement Information

I188Sch. 11 para. 49 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

RevocationE+W+S

50(1)A local authority may revoke a registration under this Part if they think that they would be obliged or permitted to refuse an application for the registration were it being made anew.E+W+S

(2)Where a local authority revoke a registration under this Part they shall specify that the revocation takes effect—

(a)immediately, or

(b)at the end of such period, beginning with the day of the revocation and not exceeding two months, as they may specify.

(3)A local authority may not revoke a registration under this Part unless they have given the registered society an opportunity to make representations.

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Commencement Information

I189Sch. 11 para. 50 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

AppealE+W+S

51(1)If a local authority refuse or revoke registration under this Part—E+W+S

(a)the authority shall notify the applicant society or the formerly registered society as soon as is reasonably practicable, and

(b)the society may appeal to a magistrates' court.

(2)An appeal under this paragraph must be instituted—

(a)in a magistrates' court for a local justice area which is wholly or partly within the area of the local authority against whose decision the appeal is brought,

(b)by notice of appeal given to the designated officer, and

(c)in the period of 21 days beginning with the day on which the society is notified of the refusal or revocation of registration, and

(3)On an appeal under this paragraph a magistrates' court may—

(a)affirm the local authority's decision;

(b)reverse the local authority's decision;

(c)make any other order (which may include transitional provision).

(4)In relation to registration in Scotland—

(a)sub-paragraph (1)(b) shall have effect as if the reference to a magistrate's court were a reference to a sheriff whose sheriffdom is wholly or partly within the area of the local authority against whose decision the appeal is brought,

(b)sub-paragraph (2)(a) and (b) shall not have effect, and

(c)sub-paragraph (3) shall have effect as if the reference to a magistrate's court were a reference to the sheriff.

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Commencement Information

I190Sch. 11 para. 51 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

CancellationE+W+S

52A registered society may apply in writing to the registering authority for the registration to be cancelled.E+W+S

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Commencement Information

I191Sch. 11 para. 52 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

53As soon as is reasonably practicable after receipt of an application under paragraph 52 a local authority shall—E+W+S

(a)cancel the registration,

(b)notify the formerly registered society of the cancellation, and

(c)notify the Commission of the cancellation.

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Commencement Information

I192Sch. 11 para. 53 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Annual feeE+W+S

54(1)A registered society shall pay an annual fee to the registering local authority.E+W+S

(2)An annual fee—

(a)shall be paid within such period before each anniversary of the registration as may be prescribed, and

(b)shall be of the prescribed amount.

(3)If a registered society fails to comply with this paragraph the registering authority may cancel the society's registration.

(4)If a local authority cancel a registration under sub-paragraph (3) the authority shall as soon as is reasonably practicable notify—

(a)the formerly registered society, and

(b)the Commission.

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Modifications etc. (not altering text)

Commencement Information

I193Sch. 11 para. 54 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Retention of recordsE+W+S

55(1)Where a statement is sent to a local authority under paragraph 39 the authority shall—E+W+S

(a)retain it for at least 18 months,

(b)make it available for inspection by members of the public at all reasonable times, and

(c)make arrangements for the provision of a copy of it or part of it to any member of the public on request.

(2)But a local authority may refuse to provide access or a copy unless the person seeking access or a copy pays a fee specified by the authority.

(3)A local authority may not specify a fee under sub-paragraph (2) which exceeds the reasonable cost of providing the service sought (but in calculating the cost of providing a service to a person the authority may include a reasonable share of expenditure which is referable only indirectly to the provision of that service).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I194Sch. 11 para. 55 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Interpretation: “prescribed”E+W+S

56In this Part “prescribed” means prescribed by the Secretary of State by regulations except that, in the following provisions, it means prescribed by the Scottish Ministers by regulations—E+W+S

(a)in paragraph 42(2)(d), where the application is made to a local authority in Scotland,

(b)in paragraph 46(1), where the local authority giving notice is in Scotland, and

(c)in paragraph 54(2)(b), where the registering local authority is in Scotland.

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Commencement Information

I195Sch. 11 para. 56 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Part 6E+W+SPowers to Impose Additional Restrictions, &c.

Distributing lottery tickets by postE+W+S

57(1)The Secretary of State may by regulations impose a condition in relation to exempt lotteries requiring that tickets purchased be delivered to the purchaser by hand at the time of purchase and not by post.E+W+S

(2)Regulations under this paragraph may apply generally, only in relation to a specified class of lottery or only in specified circumstances.

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Commencement Information

I196Sch. 11 para. 57 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

RolloverE+W+S

58(1)The Secretary of State may by regulations impose in relation to exempt lotteries conditions or limitations in respect of the use of a rollover (in addition to any conditions or limitations set out in this Schedule).E+W+S

(2)Regulations under this paragraph may apply generally, only in relation to a specified class of lottery or only in specified circumstances.

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Commencement Information

I197Sch. 11 para. 58 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Other additional provisionE+W+S

59(1)The Secretary of State may by order impose in relation to a class of lottery a condition (in addition to any specified in this Schedule) with which a lottery must comply if it is to be an exempt lottery within the meaning of this Schedule.E+W+S

(2)A condition imposed under this paragraph may, in particular, relate to—

(a)the persons who may sell or supply lottery tickets;

(b)the persons who may buy lottery tickets;

(c)the circumstances in which lottery tickets are sold or supplied;

(d)the nature of lottery tickets and information appearing on them;

(e)arrangements for advertising the lottery;

(f)the deductions which promoters may make from the proceeds of a lottery.

(3)The Secretary of State may by order restrict the extent to which a person may carry on activities in reliance on an exemption under this Schedule.

(4)An order under sub-paragraph (3) may, in particular, make provision—

(a)restricting the number of lotteries that may be promoted on behalf of a person wholly or partly within a specified period;

(b)prescribing a minimum interval between activity in connection with one lottery promoted on behalf of a person and activity in connection with another lottery promoted on behalf of that person.

(5)Before making an order under this paragraph the Secretary of State must consult the Commission.

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Commencement Information

I198Sch. 11 para. 59 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Variation of monetary limits and percentagesE+W+S

60The Secretary of State may by order vary a monetary amount or a percentage in this Schedule.E+W+S

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Commencement Information

I199Sch. 11 para. 60 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Part 7E+W+SGeneral

Interpretation: advertisementE+W+S

61For the purposes of this Schedule—E+W+S

(a)advertisement”, in relation to a lottery, includes any document, or electronic communication, 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),

(b)a reference to displaying an advertisement includes a reference to publishing a notice, and

(c)in the case of an advertisement in the form of an electronic communication, the communication is to be treated as being—

(i)distributed to any place at which a person can access it, and

(ii)sent to any premises at which a person can access it.

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Commencement Information

I200Sch. 11 para. 61 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Interpretation: businessE+W+S

62In this Schedule “business” includes trade and profession.E+W+S

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Commencement Information

I201Sch. 11 para. 62 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

VesselsE+W+S

63Nothing in Part 2 or 3 of this Schedule applies to anything done on a vessel.E+W+S

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Commencement Information

I202Sch. 11 para. 63 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Section 274

SCHEDULE 12E+W+SClub Gaming Permits and Club Machine Permits

ApplicationE+W+S

1(1)A members' club or miners' welfare institute may apply to a licensing authority for a club gaming permit.E+W+S

(2)A members club, commercial club or miners' welfare institute may apply to a licensing authority for a club machine permit.

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Commencement Information

I203Sch. 12 para. 1 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I204Sch. 12 para. 1 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I205Sch. 12 para. 1 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

2An application must—E+W+S

(a)be made to a licensing authority in whose area the premises are wholly or partly situated,

(b)specify the premises in relation to which the permit is sought,

(c)be made in the prescribed form and manner,

(d)contain or be accompanied by the prescribed information and documents, and

(e)be accompanied by the prescribed fee.

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Commencement Information

I206Sch. 12 para. 2 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I207Sch. 12 para. 2 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I208Sch. 12 para. 2 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

3(1)A club or institute making an application for a permit must within the prescribed time send a copy of the application and of any accompanying documents to—E+W+S

(a)the Commission, and

(b)the chief officer of police for any police area in which the premises are wholly or partly situated.

(2)If a club or institute fails to comply with sub-paragraph (1) the application, and any permit issued in response to it, shall have no effect.

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Commencement Information

I209Sch. 12 para. 3 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I210Sch. 12 para. 3 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I211Sch. 12 para. 3 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Consideration of applicationE+W+S

4A person who receives a copy of an application for a permit in accordance with paragraph 3 may object to the application within the prescribed period of time and in the prescribed manner.E+W+S

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Modifications etc. (not altering text)

Commencement Information

I212Sch. 12 para. 4 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I213Sch. 12 para. 4 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I214Sch. 12 para. 4 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

5The licensing authority to whom an application for a permit is made shall consider the application and—E+W+S

(a)grant it, or

(b)refuse it.

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Modifications etc. (not altering text)

Commencement Information

I215Sch. 12 para. 5 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I216Sch. 12 para. 5 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I217Sch. 12 para. 5 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

6(1)A licensing authority may refuse an application for a permit only on one or more of the following grounds (having regard to the matters mentioned in paragraph 27)—E+W+S

(a)that the applicant is not—

(i)in the case of an application for a club gaming permit, a members' club or a miners' welfare institute, or

(ii)in the case of an application for a club machine permit, a members' club, a commercial club or a miners' welfare institute,

(b)that the premises on which the applicant conducts its activities are used wholly or mainly by children, by young persons or by both,

(c)that an offence, or a breach of a condition of a permit, has been committed in the course of gaming activities carried on by the applicant,

(d)that a permit held by the applicant has been cancelled during the period of ten years ending with the date of the application, or

(e)that an objection to the application has been made under paragraph 4.

(2)If a licensing authority are satisfied in relation to an application for a permit of the matters specified in sub-paragraph (1)(a) or (b), they shall refuse the application.

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Modifications etc. (not altering text)

Commencement Information

I218Sch. 12 para. 6 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I219Sch. 12 para. 6 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I220Sch. 12 para. 6 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

7(1)Before refusing an application for a permit a licensing authority must hold a hearing to consider the application and any objection made under paragraph 4.E+W+S

(2)But a licensing authority may dispense with the requirement for a hearing with the consent of—

(a)the applicant, and

(b)any person who has made (and not withdrawn) an objection under paragraph 4.

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Modifications etc. (not altering text)

Commencement Information

I221Sch. 12 para. 7 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I222Sch. 12 para. 7 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I223Sch. 12 para. 7 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

8(1)Where a licensing authority grant an application for a permit they shall as soon as is reasonably practicable—E+W+S

(a)give notice of their decision and, where an objection was made under paragraph 4, of the reasons for it to—

(i)the applicant,

(ii)the Commission, and

(iii)the chief officer of police for any area in which the premises specified in the application are wholly or partly situated, and

(b)issue the permit to the applicant.

(2)A licensing authority may not attach conditions to a permit.

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Modifications etc. (not altering text)

Commencement Information

I224Sch. 12 para. 8 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I225Sch. 12 para. 8 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I226Sch. 12 para. 8 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

9Where a licensing authority reject an application for a permit they shall as soon as is reasonably practicable give notice of their decision and the reasons for it to—E+W+S

(a)the applicant,

(b)the Commission, and

(c)the chief officer of police for any area in which the premises specified in the application are wholly or partly situated.

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Commencement Information

I227Sch. 12 para. 9 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I228Sch. 12 para. 9 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I229Sch. 12 para. 9 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Fast-track procedure for holder of club premises certificateE+W+S

10(1)This paragraph applies to an application if—E+W+S

(a)the applicant for a permit is the holder of a club premises certificate under section 72 of the Licensing Act 2003 (c. 17), and

(b)the application asserts that paragraph (a) is satisfied and is accompanied by the certificate.

(2)In the case of an application to which this paragraph applies—

(a)paragraphs 3 to 6 shall not apply, and

(b)paragraphs 7 and 8 shall apply with the omission of any reference to objections.

(3)The authority to whom an application to which this paragraph applies is made shall grant it unless they think—

(a)that the applicant is established or conducted wholly or mainly for the purposes of the provision of facilities for gaming, other than gaming of a prescribed kind,

(b)that the applicant is established or conducted wholly or mainly for the purposes of the provision of facilities for gaming of a prescribed kind and also provides facilities for gaming of another kind, or

(c)that a club gaming permit or club machine permit issued to the applicant has been cancelled during the period of ten years ending with the date of the application.

(4)Regulations prescribing anything for the purposes of this Act may, in particular, make provision that differs in effect according to whether or not a permit is granted in pursuance of an application to which this paragraph applies.

(5)This paragraph does not apply to Scotland.

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Modifications etc. (not altering text)

Commencement Information

I230Sch. 12 para. 10 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I231Sch. 12 para. 10 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I232Sch. 12 para. 10 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Form of permitE+W+S

11(1)A permit must be in the prescribed form and must specify—E+W+S

(a)the name of the club or institute in respect of which it is issued,

(b)the premises to which it relates,

(c)whether it is a club gaming permit or a club machine permit,

(d)the date on which it takes effect, and

(e)such other information as may be prescribed.

(2)If the application for the permit was made in accordance with paragraph 10, the permit must also identify the club premises certificate under section 72 of the Licensing Act 2003 (c. 17).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I233Sch. 12 para. 11 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I234Sch. 12 para. 11 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I235Sch. 12 para. 11 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

MaintenanceE+W+S

12The holder of a permit shall keep it on the premises to which it relates.E+W+S

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Commencement Information

I236Sch. 12 para. 12 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

13(1)An occupier of premises to which a permit relates commits an offence if without reasonable excuse he fails to produce the permit on request for inspection by—E+W+S

(a)a constable, or

(b)an enforcement officer.

(2)A person guilty of an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I237Sch. 12 para. 13 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

14(1)The holder of a permit—E+W+S

(a)shall pay a first annual fee to the issuing licensing authority within such period after the issue of the permit as may be prescribed, and

(b)shall pay an annual fee to the issuing licensing authority before each anniversary of the issue of the permit.

(2)In this paragraph “annual fee” means a fee of such amount as may be prescribed.

(3)Sub-paragraph (1)(b) does not apply in relation to an anniversary of the issue of a permit immediately before which the permit expires in accordance with paragraph 17.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I238Sch. 12 para. 14 in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

15(1)If information contained in a permit ceases to be accurate the holder of the permit shall as soon as is reasonably practicable apply to the issuing licensing authority to have the permit varied.E+W+S

(2)An application under sub-paragraph (1) must be accompanied by—

(a)the prescribed fee, and

(b)either—

(i)the permit, or