|
| |
|
(b) | limiting the amount that may be charged by way of participation fee, |
| |
(c) | restricting the nature of prizes, |
| |
(d) | controlling the proportion of stakes paid out by way of prizes, |
| |
(e) | preventing the provision of prizes funded other than out of stakes, |
| |
(f) | requiring a game of bingo to be played entirely on one set of premises, |
| 5 |
| |
(g) | imposing requirements that are specific to games of bingo played on |
| |
more than one set of premises (whether facilities for the game are |
| |
provided in accordance with one bingo operating licence or more than |
| |
| 10 |
(3) | Regulations by virtue of subsection (1)(b) may, in particular, make different |
| |
provision for different kinds of fee. |
| |
(4) | Provision made by virtue of subsection (1)(c) may define a class of prize— |
| |
(a) | by reference to a game or a number of games, |
| |
(b) | by reference to a period of time, or |
| 15 |
| |
87 | General betting operating licence |
| |
(1) | A general betting operating licence shall, by virtue of this section, be subject to |
| |
the condition that bets may be accepted on behalf of the licensee only by— |
| |
| 20 |
(b) | a person employed by the licensee under a written contract of |
| |
| |
(c) | the holder of another general betting operating licence. |
| |
(2) | A general betting operating licence may not be subject to a condition (whether |
| |
imposed by virtue of section 71, 73 or 74)— |
| 25 |
(a) | requiring that facilities be provided at a specified place or class of place, |
| |
| |
(b) | preventing the provision of facilities at a specified place or class of |
| |
| |
(3) | A general betting operating licence shall, by virtue of this subsection, contain |
| 30 |
an implied term permitting the use of postal services for the making of bets. |
| |
(4) | The effect of the term implied by subsection (3) may not be disapplied or |
| |
restricted by a condition attached under section 71, 73 or 74. |
| |
88 | Pool betting operating licence |
| |
(1) | A pool betting operating licence shall, by virtue of this section, be subject to the |
| 35 |
condition that bets may be accepted on behalf of the licensee only— |
| |
| |
(b) | by a person employed by the licensee under a written contract of |
| |
| |
(c) | by the holder of another pool betting operating licence, or |
| 40 |
(d) | in accordance with subsection (2) or (3). |
| |
(2) | A bet is accepted by a person (“the agent”) on behalf of a licensee in accordance |
| |
| |
|
| |
|
| |
|
(a) | the agent is authorised by the licensee in writing to accept bets on |
| |
| |
(b) | the agent is an adult, |
| |
(c) | at the time of accepting the bet the agent is on a track, |
| |
(d) | the bet is accepted in reliance on an occasional use notice, and |
| 5 |
(e) | the bet is in connection with a horse-race or a dog race. |
| |
(3) | The holder of a pool betting operating licence that authorises (whether |
| |
expressly or impliedly) the provision of facilities for football pools may in |
| |
writing authorise an adult or young person— |
| |
(a) | to make documents or other facilities available in connection with the |
| 10 |
| |
(b) | to receive entries on behalf of the licensee; |
| |
(c) | to receive payments on behalf of the licensee; |
| |
(d) | to make payments of winnings on behalf of the licensee. |
| |
(4) | An authorisation under subsection (3)— |
| 15 |
(a) | shall be treated for the purposes of section 30 as if it were a pool betting |
| |
| |
(b) | shall have no effect in relation to any activity, entry or payment that |
| |
relates partly to a football pool and partly to another form of gambling. |
| |
(5) | An authorisation under subsection (3) may be issued on terms and conditions |
| 20 |
which may, in particular, include— |
| |
(a) | provision for payment by the person issuing the authorisation; |
| |
(b) | provision for commission. |
| |
(6) | A condition of a pool betting operating licence (whether attached by virtue of |
| |
section 71, 73 or 74) may make provision regulating or restricting the activities |
| 25 |
of persons authorised under subsection (3). |
| |
(7) | A pool betting operating licence shall, by virtue of this subsection, contain an |
| |
implied term permitting the use of postal services for the making of bets. |
| |
(8) | The effect of the term implied by subsection (7) may not be disapplied or |
| |
restricted by a condition attached under section 71, 73 or 74. |
| 30 |
(9) | The Secretary of State may by order— |
| |
(a) | amend or repeal subsection (2)(e); |
| |
(b) | amend subsection (3) so as to permit authorisation in relation to betting |
| |
of a specified kind that relates to a sport but is not a football pool. |
| |
89 | Horse-race pool betting operating licence |
| 35 |
(1) | This section applies to a pool betting operating licence which provides for this |
| |
| |
(2) | The holder of a licence to which this section applies may in writing authorise a |
| |
person to provide facilities for horse-race pool betting. |
| |
(3) | An authorisation under subsection (2) shall be treated for the purposes of |
| 40 |
section 30 as if it were a pool betting operating licence authorising the |
| |
provision of facilities for horse-race pool betting. |
| |
(4) | An authorisation under subsection (2) may be issued on terms and conditions |
| |
which may, in particular, include— |
| |
|
| |
|
| |
|
(a) | provision for payment to or by the person issuing the authorisation; |
| |
(b) | provision for agency or commission. |
| |
(5) | A pool betting operating licence to which this section applies shall, by virtue of |
| |
this subsection, contain an implied term permitting the use of postal services |
| |
| 5 |
(6) | The effect of the term implied by subsection (5) may not be disapplied or |
| |
restricted by a condition attached under section 71, 73 or 74. |
| |
(7) | The Secretary of State may by order repeal this section. |
| |
90 | Gaming machine technical operating licence |
| |
(1) | The Commission may establish, or provide for the establishment of, standards |
| 10 |
in respect of the manufacture, supply, installation, adaptation, maintenance or |
| |
repair of gaming machines. |
| |
(2) | Standards under subsection (1)— |
| |
(a) | may operate by reference to regulations under Part 10, and |
| |
(b) | may not make provision which is inconsistent with a provision of |
| 15 |
regulations under Part 10. |
| |
(3) | In particular, the Commission may— |
| |
(a) | provide for the enforcement of standards by the attachment of |
| |
conditions under section 71 or 73; |
| |
(b) | make arrangements with any person for the establishment of |
| 20 |
| |
(c) | make arrangements with any person for the administration of tests of |
| |
compliance with standards; |
| |
(d) | for the purpose of considering whether a condition under section |
| |
section 71 or 73 has been complied with, require the holder of a gaming |
| 25 |
machine technical operating licence— |
| |
(i) | to submit to a test in accordance with arrangements made under |
| |
| |
(ii) | to produce specified evidence of the result of the test; |
| |
(e) | for the purpose of considering whether to grant an application under |
| 30 |
this Part, require the holder of or an applicant for a gaming machine |
| |
technical operating licence— |
| |
(i) | to submit to a test in accordance with arrangements made under |
| |
| |
(ii) | to produce specified evidence of the result of the test. |
| 35 |
(4) | Standards established under subsection (3) may, in particular, be expressed— |
| |
(a) | by reference to the opinion of a specified person or class of persons; |
| |
(b) | by reference to a specified process or class of machine. |
| |
(5) | This section is without prejudice to the generality of sections 71, 73 and 74. |
| |
91 | Lottery operating licences |
| 40 |
(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 |
| 5 |
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 |
| |
| 10 |
(a) | may attach a condition under section 71 or 73 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 |
| 15 |
specified in section 66(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 71, 73 or 74. |
| 20 |
(6) | In issuing a lottery operating licence the Commission may attach a condition |
| |
under section 71 or 73 preventing, restricting or controlling the use of a |
| |
| |
(7) | In this section “local authority” means— |
| |
(a) | in relation to England— |
| 25 |
| |
(ii) | a county council for a county in which there are no district |
| |
| |
| |
(iv) | a London borough council, |
| 30 |
(v) | the Common Council of the City of London, and |
| |
(vi) | the Council of the Isles of Scilly, |
| |
(b) | in relation to Wales— |
| |
| |
(ii) | a county borough council, and |
| 35 |
(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). |
| |
92 | Mandatory conditions of lottery operating licence |
| |
(1) | In issuing a lottery operating licence to a non-commercial society or to a local |
| 40 |
authority the Commission shall attach conditions under section 71 or 73 for the |
| |
purpose of achieving the requirements specified in this section. |
| |
(2) | The first requirement is that at least 20% of the proceeds of any lottery |
| |
promoted in reliance on the licence are applied— |
| |
|
| |
|
| |
|
(a) | in the case of a licence issued to a non-commercial society, to a purpose |
| |
for which the promoting society is conducted, and |
| |
(b) | in the case of a licence issued to a local authority, for a purpose for |
| |
which the authority has power to incur expenditure. |
| |
(3) | The second requirement is that— |
| 5 |
(a) | the proceeds of any lottery promoted in reliance on the licence may not |
| |
| |
(b) | the aggregate of the proceeds of lotteries promoted wholly or partly in |
| |
a calendar year in reliance on the licence may not exceed £10,000,000. |
| |
(4) | The third requirement is that it must not be possible for the purchaser of a |
| 10 |
ticket in a lottery promoted in reliance on the licence to win by virtue of that |
| |
ticket (whether in money, money’s worth, or partly the one and partly the |
| |
| |
| |
(b) | if more, 10% of the proceeds of the lottery; |
| 15 |
| and any rollover must comply with this subsection. |
| |
(5) | The fourth requirement is that each ticket in any lottery promoted by a non- |
| |
commercial society in reliance on the licence— |
| |
| |
(b) | must identify the promoting society, |
| 20 |
(c) | must state the name and address of a member of the society who is |
| |
designated, by persons acting on behalf of the society, as having |
| |
responsibility within the society for the promotion of the lottery, and |
| |
(d) | must give the date of the draw (or each draw) in the lottery. |
| |
(6) | The fifth requirement is that the price payable for each ticket in any lottery |
| 25 |
promoted in reliance on the licence— |
| |
| |
(b) | must be shown on the ticket, and |
| |
(c) | must be paid to the promoter of the lottery before any person is given |
| |
the ticket or any right in respect of membership of the class among |
| 30 |
whom prizes are to be allocated. |
| |
(7) | The sixth requirement is that membership of the class among whom prizes in |
| |
any lottery promoted in reliance on the licence are allocated may not be |
| |
dependent on making any payment (apart from payment of the price of a |
| |
| 35 |
| |
(a) | conditions are attached to a lottery operating licence in accordance with |
| |
| |
(b) | the lottery operating licence is also subject to a condition under section |
| |
91(3)(a) requiring arrangements for the lottery to be made by the holder |
| 40 |
of a lottery manager’s operating licence, |
| |
| the conditions specified in paragraph (a) above shall, by virtue of this |
| |
subsection, attach to the lottery manager’s operating licence in so far as it is |
| |
relied upon in pursuance of the condition specified in paragraph (b) above. |
| |
(9) | Nothing in this section prevents the Commission from attaching a condition to |
| 45 |
a lottery operating licence of a kind similar to but more onerous than a |
| |
requirement of this section. |
| |
|
| |
|
| |
|
(10) | The Secretary of State may by order vary a monetary amount or a percentage |
| |
| |
| |
| |
(1) | The holder of an operating licence— |
| 5 |
(a) | shall pay a first annual fee to the Commission within such period after |
| |
the issue of the licence as may be prescribed, and |
| |
(b) | shall pay an annual fee to the Commission before each anniversary of |
| |
the issue of the licence. |
| |
| 10 |
“annual fee” means a fee of such amount as may be prescribed, and |
| |
“prescribed” means prescribed by the Secretary of State by regulations. |
| |
(3) | Regulations under this section may, in particular, make different provision |
| |
| |
(a) | different kinds of operating licence, or |
| 15 |
(b) | different circumstances. |
| |
(4) | Subsection (1)(b) does not apply in relation to an anniversary of the issue of a |
| |
licence on or immediately before which the licence ceases to have effect by |
| |
| |
94 | Change of circumstance |
| 20 |
(1) | The Secretary of State may make regulations requiring the holder of an |
| |
| |
(a) | to notify the Commission of any change of circumstance of a prescribed |
| |
kind in relation to him or to a licensed activity, and |
| |
(b) | to give the Commission prescribed details of the change. |
| 25 |
(2) | If a change of circumstance notified under subsection (1) falsifies information |
| |
contained in the operating licence in accordance with section 62 the notification |
| |
| |
| |
(b) | an application to the Commission for the issue of a copy of the licence |
| 30 |
| |
(3) | Where notification is accompanied by the licence, the Commission shall— |
| |
(a) | make such alteration to the information contained in the licence as |
| |
appears to it to be required by the change in circumstance, and |
| |
(b) | return the licence to the licensee. |
| 35 |
(4) | Where the notification is accompanied by an application for a copy of the |
| |
licence, the Commission shall, if it grants the application, issue the copy in a |
| |
form which appears to the Commission to reflect the change in circumstance. |
| |
(5) | In this section “prescribed” means prescribed by regulations under this section. |
| |
(6) | The holder of an operating licence commits an offence if he fails without |
| 40 |
reasonable excuse to comply with regulations under this section. |
| |
|
| |
|
| |
|
(7) | A person guilty of an offence under subsection (6) shall be liable on summary |
| |
conviction to a fine not exceeding level 2 on the standard scale. |
| |
(8) | This section does not prevent the imposition of a requirement to notify the |
| |
Commission of a specified change of circumstance by way of the attachment of |
| |
a condition to an operating licence. |
| 5 |
95 | Change of corporate control |
| |
(1) | This section applies where the holder of an operating licence is a company |
| |
limited by shares (“the company”). |
| |
(2) | If a person becomes a controller of the company (“the new controller”), within |
| |
the meaning of section 422 of the Financial Services and Markets Act 2000 (c. 8), |
| 10 |
the company shall inform the Commission and either— |
| |
(a) | surrender the operating licence under section 106, or |
| |
(b) | apply to the Commission under this section for a determination that the |
| |
operating licence shall continue to have effect. |
| |
(3) | An application under subsection (2)(b) must be accompanied by such |
| 15 |
information as the Commission may direct about— |
| |
| |
(b) | his interest in the company, and |
| |
(c) | his interest in any company of which the company is a subsidiary |
| |
(within the meaning of section 736 of the Companies Act 1985 (c. 6)). |
| 20 |
(4) | On considering an application under section (2)(b) the Commission shall— |
| |
(a) | make the determination sought, if satisfied that the Commission would |
| |
have granted the operating licence to the licensee had the new |
| |
controller been a controller of the company when the application for the |
| |
operating licence was made, and |
| 25 |
(b) | otherwise, revoke the operating licence. |
| |
(5) | If the Commission becomes aware that a company has failed to comply with |
| |
the duty under subsection (2) within the period of five weeks beginning with |
| |
the day on which the duty began to apply to the company, the Commission |
| |
shall revoke the relevant operating licence. |
| 30 |
(6) | But the Commission may extend the period under subsection (5)— |
| |
(a) | before it expires, or |
| |
(b) | after it expires (if the relevant operating licence has not yet been |
| |
| |
96 | Section 95: supplemental |
| 35 |
(1) | The Secretary of State may by regulations provide for section 95 not to apply to |
| |
the holder of a specified description of operating licence. |
| |
(2) | An application under section 95(2)(b) must be accompanied by the prescribed |
| |
| |
(3) | An application may be made under section 95(2)(b) in respect of a person who |
| 40 |
is expected to become a controller of a company. |
| |
(4) | The Commission shall as soon as is reasonably practicable inform an applicant |
| |
under section 95(2)(b) of— |
| |
|
| |
|