The National Lottery (Amendment) Regulations 2007

Amendment of the National Lottery Regulations 1994

2.  For regulation 5 of the National Lottery Regulations 1994(1) substitute—

“5.— (1) Subject to paragraph (2), no National Lottery ticket shall be sold to a person, nor shall a person be invited to purchase a National Lottery ticket—

(a) in or on any premises in respect of which a premises licence under Part 8 of the 2005 Act for the time being has effect;

(b) in any premises in respect of which a family entertainment centre gaming machine permit for the time being has effect;

(c) in any licensed office within the meaning of the 1985 Order;

(d) on any licensed track within the meaning of the 1985 Order on any day on which, under articles 36, 47 and 48 of that Order, betting may lawfully be carried out on the track;

(e) in any premises in Northern Ireland used wholly or mainly for providing amusements in the form of amusements with prizes, amusements by means of slot machines, or both; or

(f) in any bingo club premises within the meaning of the 1985 Order.

(2) The prohibitions imposed by paragraph (1)(a) only apply to a track in respect of which a betting premises licence has effect—

(a) in the case of a horse-race course, on any day on which horse-racing takes place, or is expected to take place, on the premises, or

(b) in the case of any other track, on any day on which the premises may be used for gambling in reliance on the licence.

(3) In this regulation—

(a) “the 2005 Act” means the Gambling Act 2005(2);

(b) “the 1985 Order” means the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985(3);

(c) “family entertainment centre gaming machine permit” means a family entertainment centre gaming machine permit issued under section 247 of the 2005 Act;

(d) “horse-race course” and (except in paragraph (1)(d)) “track” have the meanings given to those expressions by section 353(1) of the 2005 Act; and

(e) any reference to premises in respect of which a premises licence issued under Part 8 of the 2005 Act for the time being has effect, includes a reference to premises in respect of which a relevant gambling authorisation for the time being has effect.

(4) In paragraph (3)(e), “relevant gambling authorisation” in relation to premises means—

(a) a betting office licence under the Betting, Gaming and Lotteries Act 1963(4);

(b) a track betting licence under that Act;

(c) a certificate of approval under section 13 of that Act;

(d) a licence under the Gaming Act 1968(5); or

(e) a permit under section 34 of the Gaming Act 1968,

which by virtue of paragraph 62 of Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006(6) has effect to authorise the use of the premises for gambling as if it were a kind of premises licence issued under Part 8 of the 2005 Act.”.

(1)

S.I. 1994/189.

(2)

2005 c. 19.

(3)

S.I. 1985/1204 (N.I. 11).

(4)

1963 c. 2.

(5)

1968 c. 65.

(6)

S.I. 2006/3272, amended by S.I. 2006/3361, 2007/1157, 2007/1527 and 2007/2169.