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The Gambling (Lottery Machine Interval) Order 2007

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Statutory Instruments

2007 No. 2495

betting, gaming and lotteries

The Gambling (Lottery Machine Interval) Order 2007

Made

28th August 2007

Coming into force in accordance with article 1(b)

The Secretary of State makes the following Order in exercise of the powers conferred by section 235(2)(d)(ii) of the Gambling Act 2005(1).

In accordance with section 355(6) of that Act a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Commencement and citation

1.  This Order—

(a)may be cited as the Gambling (Lottery Machine Interval) Order 2007; and

(b)comes into force on the day after the day on which it is made, or 1st September 2007, whichever is the later.

Lottery machine interval

2.  For the purposes of section 235(2)(d)(ii) of the Gambling Act 2005, where a machine dispenses lottery tickets or otherwise enables a person to enter a lottery, there must be an interval of not less than one hour between each entry to a lottery and any announcement by the machine of the results of that lottery.

Gerry Sutcliffe

Parliamentary Under Secretary of State

Department for Culture, Media and Sport

28th August 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order prescribes the minimum amount of time that must elapse between the purchase of a lottery ticket from a machine and the announcement of the result by the machine.

Section 235(1) of the Gambling Act 2005 (the Act) defines a gaming machine as a machine that is designed or adapted for use by individuals to gamble (whether or not it can also be used for other purposes). There are a number of exceptions to this definition. One of the exceptions, set out in section 235(2)(d) of the Act, is for equipment that dispenses a lottery ticket or otherwise allows a person to enter a lottery. Under section 235(2)(d) this type of equipment will not fall within the definition of a gaming machine provided that (i) it does not determine the result of the lottery, and (ii) it does not announce or communicate the result of the lottery without there being an interval, of specified duration, between each entry to the lottery and the announcement; article 2 specifies that the length of that interval must be at least one hour.

A Regulatory Impact Assessment of the costs and benefits of these Regulations is available from the Gaming and Lotteries Branch, Department for Culture, Media and Sport, 2-4 Cockspur Street, London SW1Y 5DH, telephone 020 7210 6486.

This Order was notified in draft to the European Commission in accordance with Directive 98/34/EC, as amended by Directive 98/48/EC.

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