Lotteries and Amusements Act 1976 (repealed)

[F1 F2 Part I E+W+S CERTIFICATION

Textual Amendments

F1 Sch. 2A inserted (3.10.1994) by National Lottery etc. Act 1993 (c. 39), s. 50(2), Sch. 9; S.I. 1994/1055, art. 3

F2 Sch. 2A inserted (3.10.1994) by 1993 c. 39, s. 50(2), Sch.9; S.I. 1994/1055, art. 3

F3 Application and fee E+W+S

Textual Amendments

F3 Sch. 2A inserted (3.10.1994) by 1993 c. 39, s. 50(2), Sch.9; S.I. 1994/1055, art. 3

F4 1 (1) An application for a person to be certified as a lottery manager shall be made to the Board.

(2) The application shall be in such form and contain such information as the Board may require.

(3) A fee of [F5 £5,470] shall be payable to the Board when the application is made.

(4) Any fees received by the Board by virtue of this paragraph shall be paid into the Consolidated Fund.

Textual Amendments

F4 Sch. 2A inserted (3.10.1994) by 1993 c. 39, s. 50(2), Sch. 9; S.I. 1994/1055, art. 3

F5 Fee in Sch. 2A para. 1(3) substituted (1.4.2001) by virtue of S.I. 2001/728, art. 8 (which S.I. was revoked (1.4.2002) by S.I. 2002/639, art. 9).

F6 Grant or refusal of certificate E+W+S

Textual Amendments

F6 Sch. 2A inserted (3.10.1994) by 1993 c. 39, s. 50(2), Sch.9; S.I. 1994/1055, art. 3

F7 2 (1) Subject to sub-paragraphs (2) and (3) below, on the making of an application and the payment of a fee in accordance with paragraph 1 above, the Board shall grant a certificate to the applicant certifying him as a lottery manager. E+W+S

(2) The Board shall refuse to grant the certificate if, after giving the applicant an opportunity of being heard, they are not satisfied that he is a fit and proper person to manage a lottery.

(3) The Board may refuse to grant the certificate if, after giving the applicant an opportunity of being heard, it appears to them that—

(a) any person who would be likely to manage the business or any part of the business of managing lotteries under the certificate is not a fit and proper person to do so,

(b) any person for whose benefit that business would be likely to be carried on is not a fit and proper person to benefit from it, or

(c) any information given by the applicant to the Board in or in connection with the application is false in a material particular.

(4) Where the Board refuse to grant a certificate, they shall notify the applicant in writing of the refusal and the ground for it.

Textual Amendments

F7 Sch. 2A inserted (3.10.1994) by 1993 c. 39, s. 50(2), Sch.9; S.I. 1994/1055, art. 3

F8 Conditions E+W+S

Textual Amendments

F8 Sch. 2A inserted (3.10.1994) by 1993 c. 39, s. 50(2), Sch.9; S.I. 1994/1055, art. 3

F9 3 E+W+S A certificate may include such conditions as the Board consider appropriate for protecting the interests—

(a) of any societies or local authorities whose lotteries the certificate holder may manage, or

(b) of the persons who participate in any lottery that the certificate holder may manage.

Textual Amendments

F9 Sch. 2A inserted (3.10.1994) by 1993 c. 39, s. 50(2), Sch.9; S.I. 1994/1055, art. 3.

F10 4 (1) The Board may, after giving the certificate holder an opportunity of being heard, vary any condition in a certificate. E+W+S

(2) The Board’s power to vary a condition in a certificate under this paragraph includes power to add a condition to the certificate or omit a condition from it (and references in this paragraph to the variation of a condition are to be read accordingly).

(3) Where the Board vary a condition under this paragraph they shall serve a notice on the certificate holder, by post, informing him—

(a) of the variation, and

(b) of the effect of sub-paragraph (4) below.

(4) The variation shall take effect at the end of the period of twenty-one days beginning with the date of service of the notice.

Textual Amendments

F10 Sch. 2A inserted (3.10.1994) by 1993 c. 39, s. 50(2), Sch.9; S.I. 1994/1055, art. 3

F11 Duration of certificate E+W+S

Textual Amendments

F11 Sch. 2A inserted (3.10.1994) by 1993 c. 39, s. 50(2), Sch.9; S.I. 1994/1055, art. 3

F12 5 E+W+S A certificate shall have effect until it is revoked by the Board.

Textual Amendments

F12 Sch. 2A inserted (3.10.1994) by 1993 c. 39, s. 50(2), Sch.9; S.I. 1994/1055, art. 3

F13 Revocation of certificate E+W+S

Textual Amendments

F13 Sch. 2A inserted (3.10.1994) by 1993 c. 39, s. 50(2), Sch.9; S.I. 1994/1055, art. 3

F14 6 E+W+S The Board may revoke a certificate if the certificate holder consents.

Textual Amendments

F14 Sch. 2A inserted (3.10.1994) by 1993 c. 39, ss. 50(2), 65, Sch.9; S.I. 1994/1055, art. 3

F15 7 (1) The Board shall revoke a certificate if, after giving the certificate holder an opportunity of being heard, they are satisfied that he is no longer, or never was, a fit and proper person to manage a lottery. E+W+S

(2) The Board may revoke a certificate if, after giving the certificate holder an opportunity of being heard, it appears to them that—

(a) any person who is managing the business or any part of the business of managing lotteries under the certificate is not a fit and proper person to do so,

(b) any person for whose benefit the business of managing lotteries under the certificate is carried on is not a fit and proper person to benefit from it,

(c) any information given by the certificate holder to the Board in or in connection with the application for the certificate was false in a material particular, or

(d) the certificate holder has failed to comply with a condition in the certificate or with a requirement imposed on him by or under this Act.

(3) Where the Board revoke a certificate under this paragraph they shall serve a notice on the certificate holder, by post, informing him—

(a) of the revocation,

(b) of the ground for the revocation, and

(c) of the effect of sub-paragraph (4) below.

(4) The revocation shall take effect at the end of the period of twenty-one days beginning with the date of service of the notice.]

Textual Amendments

F15 Sch. 2A inserted (3.10.1994) by 1993 c. 39, s. 50(2), Sch.9; S.I. 1994/1055, art. 3.