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Betting: Prize Competitions: Definition of Payment to Enter |
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1 | This Schedule makes provision about the circumstances in which a person is |
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to be or not to be treated for the purposes of section 11(1)(b) as being |
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required to pay to participate in an arrangement. |
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2 | For the purposes of section 11 and this Schedule a reference to paying |
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(b) | transferring money’s worth, and |
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(c) | paying for goods or services at a price or rate which reflects the |
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opportunity to participate in an arrangement under which a |
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participant may win a prize. |
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3 | It is immaterial for the purposes of section 11 and this Schedule— |
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(a) | to whom a payment is made, and |
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(b) | who receives benefit from a payment. |
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4 | It is also immaterial for the purposes of section 11 and this Schedule whether |
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a person knows when he makes a payment that he thereby participates in an |
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arrangement as a result of which he may win a prize. |
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Stamps, telephone calls, &c. |
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5 (1) | For the purposes of section 11 and this Schedule a reference to paying does |
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not include a reference to incurring the expense, at a normal rate, of— |
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(a) | sending a letter by ordinary post, |
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(b) | making a telephone call, or |
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(c) | using any other method of communication. |
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(2) | For the purpose of sub-paragraph (1)— |
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(a) | a “normal rate” is a rate which does not reflect the opportunity to |
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participate in an arrangement under which a person may win a |
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(b) | ordinary post means ordinary first-class or second-class post |
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(without special arrangements for delivery). |
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Payment to discover whether prize won |
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6 | For the purposes of section 11 and this Schedule a requirement to pay in |
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order to discover whether a prize has been won under an arrangement shall |
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be treated as a requirement to pay to participate in the arrangement. |
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7 | For the purposes of section 11 and this Schedule a requirement to pay in |
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order to take possession of a prize which a person has or may have won |
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under an arrangement shall be treated as a requirement to pay to participate |
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8 (1) | For the purposes of section 11 and this Schedule an arrangement shall not be |
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treated as requiring a person to pay to participate if under the |
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(a) | each person who is eligible to participate has a choice whether to |
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participate by paying or by sending a communication, |
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(b) | the communication mentioned in paragraph (a) may be— |
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(i) | a letter sent by ordinary post, or |
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(ii) | another method of communication which is neither more |
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expensive nor less convenient than participating by paying, |
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(c) | the choice is publicised in such a way as to be likely to come to the |
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attention of each person who proposes to participate, and |
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(d) | the system for allocating prizes does not differentiate between those |
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who participate by paying and those who participate by sending a |
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(2) | In this paragraph “ordinary post” has the meaning given by paragraph |
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Power to make regulations |
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9 | The Secretary of State may make regulations providing that an activity of a |
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specified kind or performed in specified circumstances is to be or not to be |
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treated for the purposes of section 11 as paying to participate in an |
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Lotteries: Definition of Payment to Enter |
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1 | This Schedule makes provision about the circumstances in which an |
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arrangement is to be or not to be treated for the purposes of section 14 as |
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requiring persons to pay in order to participate in an arrangement. |
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2 | For the purposes of section 14 and this Schedule a reference to paying |
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(b) | transferring money’s worth, and |
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(c) | paying for goods or services at a price or rate which reflects the |
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opportunity to participate in an arrangement. |
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3 | It is immaterial for the purposes of section 14 and this Schedule— |
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(a) | to whom a payment is made, and |
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(b) | who receives benefit from a payment. |
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4 | It is also immaterial for the purposes of section 14 and this Schedule whether |
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a person knows when he makes a payment that he thereby participates in an |
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Stamps, telephone calls, &c. |
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5 (1) | For the purposes of section 14 and this Schedule a reference to paying does |
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not include a reference to incurring the expense, at a normal rate, of— |
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(a) | sending a letter by ordinary post, |
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(b) | making a telephone call, or |
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(c) | using any other method of communication. |
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(2) | For the purpose of sub-paragraph (1)— |
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(a) | a “normal rate” is a rate which does not reflect the opportunity to |
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(b) | ordinary post means ordinary first-class or second-class post |
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(without special arrangements for delivery). |
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Payment to discover whether prize won |
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6 | For the purposes of section 14 and this Schedule a requirement to pay in |
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order to discover whether a prize has been won under an arrangement shall |
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be treated as a requirement to pay in order to participate in the arrangement. |
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7 | For the purposes of section 14 and this Schedule a requirement to pay in |
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order to take possession of a prize which has or may have been allocated to |
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a person under an arrangement shall be treated as a requirement to pay in |
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order to participate in the arrangement. |
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8 (1) | For the purposes of section 14 and this Schedule an arrangement shall not be |
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treated as requiring persons to pay in order to participate if under the |
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(a) | each individual who is eligible to participate has a choice whether to |
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participate by paying or by sending a communication, |
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(b) | the communication mentioned in paragraph (a) may be— |
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(i) | a letter sent by ordinary post, or |
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(ii) | another method of communication which is neither more |
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expensive nor less convenient than entering the lottery by |
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(c) | the choice is publicised in such a way as to be likely to come to the |
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attention of each individual who proposes to participate, and |
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(d) | the system for allocating prizes does not differentiate between those |
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who participate by paying and those who participate by sending a |
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(2) | In this paragraph “ordinary post” has the meaning given by paragraph |
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Power to make regulations |
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9 | Regulations under section 14(8) may, in particular, provide that an activity |
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of a specified kind or performed in specified circumstances is to be or not to |
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be treated as paying to enter a lottery. |
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Amendment of National Lottery etc. Act 1993 (c. 39) |
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Consultation with Gambling Commission |
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1 | After section 4 of the National Lottery etc. Act 1993 (c. 39) (overriding duties) |
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“4A | Consultation with Gambling Commission |
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(1) | If in the course of the exercise of its functions the National Lottery |
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Commission becomes aware of a matter about which the Gambling |
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Commission is likely to have an opinion, the National Lottery |
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Commission shall consult the Gambling Commission. |
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(2) | The National Lottery Commission shall comply with any direction of |
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the Secretary of State (which may be general or specific) to consult |
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the Gambling Commission.” |
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2 | In section 20 of the National Lottery etc. Act 1993 (interpretation) after the |
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definition of “contravention” insert— |
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“lottery” has the same meaning as in the Gambling Act 2005;”. |
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1 | The Gambling Commission shall consist of a chairman and other |
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commissioners appointed by the Secretary of State. |
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2 (1) | A commissioner shall hold and vacate office in accordance with the terms of |
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his appointment (subject to this Schedule). |
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(2) | A commissioner may resign by notice in writing to the Secretary of State. |
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(3) | If the Secretary of State thinks that a commissioner is unable, unfit or |
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unwilling to perform his functions, the Secretary of State may dismiss the |
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(a) | shall hold and vacate office in accordance with the terms of his |
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appointment (subject to this Schedule), |
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(b) | may resign by notice in writing to the Secretary of State, and |
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(c) | shall cease to be chairman if he ceases to be a commissioner. |
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4 | The Secretary of State may not appoint a person as commissioner— |
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(a) | for a period of more than five years, or |
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(b) | for periods (whether or not consecutive) exceeding ten years in |
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5 (1) | The Commission may, with the Secretary of State’s consent as to terms and |
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conditions of employment, appoint a chief executive. |
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(a) | may hold appointment both as the chief executive and as a |
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(b) | may not hold appointment both as the chief executive and as the |
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(3) | Where a person holds appointment both as the chief executive and as a |
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commissioner, if he ceases to be the chief executive he shall cease to be a |
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6 | The Commission may, with the Secretary of State’s consent as to terms and |
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conditions of employment, appoint other staff. |
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(a) | determine arrangements for the conduct of its proceedings (which |
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may, in particular, include arrangements for a quorum), and |
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(b) | publish those arrangements. |
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8 (1) | The Commission may delegate a function to— |
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(b) | a committee consisting of commissioners, or |
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(c) | an employee of the Commission. |
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(2) | Sub-paragraph (1) applies to any function of the Commission including, in |
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(a) | a discretionary function; |
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(b) | the function of conducting a review; |
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(c) | the function of determining whether to revoke a licence or of |
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determining whether to impose a requirement to pay a penalty. |
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9 | The Commission may, with the consent of the Secretary of State, pay to or in |
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respect of a commissioner or employee sums by way of or in respect of— |
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10 | The Secretary of State may make payments to the Commission for the |
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purpose of enabling the Commission to meet such of its expenses as cannot |
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be met out of fees paid to the Commission under this Act. |
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11 | The Commission may, with the consent of the Secretary of State, borrow |
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12 | The Commission may pay money into the Consolidated Fund. |
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13 | The Commission shall keep accounting records in such form as the Secretary |
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14 (1) | The Commission shall prepare a statement of accounts for each financial |
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year in such form as the Secretary of State may direct. |
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(2) | The Commission shall send a copy of a statement of accounts under sub- |
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(a) | the Secretary of State, and |
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(b) | the Comptroller and Auditor General. |
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(3) | The Commission must comply with sub-paragraph (2) within such period, |
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beginning with the end of the financial year to which the accounts relate, as |
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the Secretary of State may specify. |
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(4) | The Comptroller and Auditor General shall— |
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(a) | examine a statement sent to him under sub-paragraph (2), |
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(c) | lay a copy of his report before Parliament. |
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15 (1) | The financial year of the Commission shall be the period of 12 months |
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(2) | But the first financial year of the Commission shall be the period— |
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(a) | beginning with the commencement of section 20, and |
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(b) | ending with the following 31st March. |
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16 (1) | As soon as is reasonably practicable after the end of each financial year the |
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Commission shall send to the Secretary of State a report about the activities |
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of the Commission during the year. |
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(2) | Where the Secretary of State receives a report under sub-paragraph (1)— |
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(a) | he shall lay a copy before Parliament, and |
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