Gambling Act 2005 (c. 19)

Part 5 E+W+S Operating Licences

Modifications etc. (not altering text)

C1 Pt. 5 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 72

C2 Pt. 5 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 50

C3 Pt. 5 modified by SI 2006/3272 art. 8(4)-(9) (as inserted (16.8.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007 (S.I. 2007/2169), arts. 1(1), 5)

Rules for particular kinds of licence E+W+S

98 Lottery operating licences E+W+S

(1) A lottery operating licence may be issued only to—

(a) a non-commercial society,

(b) a local authority, or

(c) a person proposing to act as external lottery manager on behalf of a non-commercial society or a local authority.

(2) A lottery operating licence may authorise—

(a) promotion generally or only specified promoting activities;

(b) the promotion of lotteries generally or only the promotion of lotteries of a specified kind or in specified circumstances;

(c) action as an external lottery manager (in which case it is known as a “lottery manager's operating licence”).

(3) In issuing a lottery operating licence to a society or authority the Commission—

(a) may attach a condition under section 75 or 77 requiring that the society or authority ensure that all the arrangements for the lottery are made by the holder of a lottery manager's operating licence, and

(b) may, if they attach a condition under paragraph (a), issue the lottery licence to the society or authority without consideration of the matters specified in section 70(1)(b).

(4) A lottery operating licence shall, by virtue of this subsection, permit the delivery of lottery tickets by post.

(5) The effect of the term implied by subsection (4) may not be disapplied or restricted by a condition attached under section 75, 77 or 78.

(6) In issuing a lottery operating licence the Commission may attach a condition under section 75 or 77 preventing, restricting or controlling the use of a rollover.

(7) In this section “local authority” means—

(a) in relation to England—

(i) a district council,

(ii) a county council,

(iii) a parish council,

(iv) a London borough council,

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

(vi) the Council of the Isles of Scilly,

(b) in relation to Wales—

(i) a county council,

(ii) a county borough council, and

(iii) a community council, and

(c) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

Modifications etc. (not altering text)

C4 Ss. 89-99 excluded (1.1.2007) by Gambling (Personal Licences) (Modification of Part 5 of the Gambling Act 2005) Regulations 2006 (S.I. 2006/3267), regs. 1(1), 2(1), Sch. Table 1

Commencement Information

I1 S. 98 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)