Part 5

Operating Licences

Rules for particular kinds of licence

Lottery operating licences
98
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).
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
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
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
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)
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)