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91 | Pool betting operating licence |
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(1) | A pool betting operating licence shall, by virtue of this section, be subject to the |
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condition that bets may be accepted on behalf of the licensee only— |
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(b) | by a person employed by the licensee under a written contract of |
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(c) | by the holder of another pool betting operating licence, or |
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(d) | in accordance with subsection (2) or (3). |
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(2) | A bet is accepted by a person (“the agent”) on behalf of a licensee in accordance |
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(a) | the agent is authorised by the licensee in writing to accept bets on |
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(b) | the agent is an adult, |
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(c) | at the time of accepting the bet the agent is on a track, |
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(d) | the bet is accepted in reliance on an occasional use notice, and |
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(e) | the bet is in connection with a horse-race or a dog race. |
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(3) | The holder of a pool betting operating licence that authorises (whether |
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expressly or impliedly) the provision of facilities for football pools may in |
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writing authorise an adult or young person— |
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(a) | to make documents or other facilities available in connection with the |
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(b) | to receive entries on behalf of the licensee; |
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(c) | to receive payments on behalf of the licensee; |
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(d) | to make payments of winnings on behalf of the licensee. |
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(4) | An authorisation under subsection (3)— |
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(a) | shall be treated for the purposes of section 32 as if it were a pool betting |
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(b) | shall have no effect in relation to any activity, entry or payment that |
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relates partly to a football pool and partly to another form of gambling. |
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(5) | An authorisation under subsection (3) may be issued on terms and conditions |
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which may, in particular, include— |
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(a) | provision for payment by the person issuing the authorisation; |
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(b) | provision for commission. |
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(6) | A condition of a pool betting operating licence (whether attached by virtue of |
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section 73, 75 or 76) may make provision regulating or restricting the activities |
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of persons authorised under subsection (3). |
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(7) | A pool betting operating licence shall, by virtue of this subsection, contain an |
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implied term permitting the use of postal services for the making of bets. |
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(8) | The effect of the term implied by subsection (7) may not be disapplied or |
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restricted by a condition attached under section 73, 75 or 76. |
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(9) | The Secretary of State may by order— |
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(a) | amend or repeal subsection (2)(e); |
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(b) | amend subsection (3) so as to permit authorisation in relation to betting |
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of a specified kind that relates to a sport but is not a football pool. |
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92 | Horse-race pool betting operating licence |
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(1) | This section applies to a pool betting operating licence which provides for this |
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(2) | The holder of a licence to which this section applies may in writing authorise a |
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person to provide facilities for horse-race pool betting. |
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(3) | An authorisation under subsection (2) shall be treated for the purposes of |
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section 32 as if it were a pool betting operating licence authorising the |
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provision of facilities for horse-race pool betting. |
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(4) | An authorisation under subsection (2) may be issued on terms and conditions |
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which may, in particular, include— |
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(a) | provision for payment to or by the person issuing the authorisation; |
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(b) | provision for agency or commission. |
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(5) | A condition of a pool betting operating licence to which this section applies |
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(whether attached by virtue of section 73, 75 or 76) may make provision |
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regulating or restricting the activities of persons authorised under subsection |
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(6) | A pool betting operating licence to which this section applies shall, by virtue of |
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this subsection, contain an implied term permitting the use of postal services |
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(7) | The effect of the term implied by subsection (6) may not be disapplied or |
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restricted by a condition attached under section 73, 75 or 76. |
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(8) | The Secretary of State may by order repeal this section. |
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93 | Gaming machine technical operating licence |
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(1) | The Commission may establish, or provide for the establishment of, standards |
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in respect of the manufacture, supply, installation, adaptation, maintenance or |
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repair of gaming machines. |
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(2) | Standards under subsection (1)— |
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(a) | may operate by reference to regulations under Part 10, and |
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(b) | may not make provision which is inconsistent with a provision of |
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regulations under Part 10. |
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(3) | In particular, the Commission may— |
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(a) | provide for the enforcement of standards by the attachment of |
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conditions under section 73 or 75; |
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(b) | make arrangements with any person for the establishment of |
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(c) | make arrangements with any person for the administration of tests of |
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compliance with standards; |
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(d) | for the purpose of considering whether a condition under section 73 or |
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75 has been complied with, require the holder of a gaming machine |
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technical operating licence— |
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(i) | to submit to a test in accordance with arrangements made under |
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(ii) | to produce specified evidence of the result of the test; |
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(e) | for the purpose of considering whether to grant an application under |
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this Part, require the holder of or an applicant for a gaming machine |
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technical operating licence— |
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(i) | to submit to a test in accordance with arrangements made under |
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(ii) | to produce specified evidence of the result of the test. |
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(4) | Standards established under subsection (3) may, in particular, be expressed— |
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(a) | by reference to the opinion of a specified person or class of persons; |
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(b) | by reference to a specified process or class of machine. |
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(5) | This section is without prejudice to the generality of sections 73, 75 and 76. |
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(1) | The Commission may establish, or provide for the establishment of, standards |
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in respect of the manufacture, supply, installation or adaptation of gambling |
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(2) | In particular, the Commission may— |
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(a) | provide for the enforcement of standards by the attachment of |
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conditions under section 73 or 75; |
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(b) | make arrangements with any person for the establishment of |
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(c) | make arrangements with any person for the administration of tests of |
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compliance with standards; |
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(d) | for the purpose of considering whether a condition under section 73 or |
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75 has been complied with, require the holder of a gambling software |
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(i) | to submit to a test in accordance with arrangements made under |
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(ii) | to produce specified evidence of the result of the test; |
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(e) | for the purpose of considering whether to grant an application under |
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this Part, require the holder of or an applicant for a gambling software |
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(i) | to submit to a test in accordance with arrangements made under |
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(ii) | to produce specified evidence of the result of the test. |
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(3) | Standards established under subsection (2) may, in particular, be expressed— |
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(a) | by reference to the opinion of a specified person or class of persons; |
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(b) | by reference to a specified process or description of software. |
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(4) | This section is without prejudice to the generality of sections 73, 75, or 76. |
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95 | Lottery operating licences |
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(1) | A lottery operating licence may be issued only to— |
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(a) | a non-commercial society, |
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(b) | a local authority, or |
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(c) | a person proposing to act as external lottery manager on behalf of a |
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non-commercial society or a local authority. |
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(2) | A lottery operating licence may authorise— |
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(a) | promotion generally or only specified promoting activities; |
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(b) | the promotion of lotteries generally or only the promotion of lotteries |
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of a specified kind or in specified circumstances; |
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(c) | action as an external lottery manager (in which case it is known as a |
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“lottery manager’s operating licence”). |
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(3) | In issuing a lottery operating licence to a society or authority the |
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(a) | may attach a condition under section 73 or 75 requiring that the society |
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or authority ensure that all the arrangements for the lottery are made |
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by the holder of a lottery manager’s operating licence, and |
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(b) | may, if they attach a condition under paragraph (a), issue the lottery |
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licence to the society or authority without consideration of the matters |
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specified in section 68(1)(b). |
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(4) | A lottery operating licence shall, by virtue of this subsection, permit the |
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delivery of lottery tickets by post. |
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(5) | The effect of the term implied by subsection (4) may not be disapplied or |
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restricted by a condition attached under section 73, 75 or 76. |
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(6) | In issuing a lottery operating licence the Commission may attach a condition |
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under section 73 or 75 preventing, restricting or controlling the use of a |
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(7) | In this section “local authority” means— |
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(a) | in relation to England— |
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(ii) | a county council for a county in which there are no district |
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(iv) | a London borough council, |
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(v) | the Common Council of the City of London, and |
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(vi) | the Council of the Isles of Scilly, |
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(b) | in relation to Wales— |
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(ii) | a county borough council, and |
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(iii) | a community council, and |
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(c) | in relation to Scotland, a council constituted under section 2 of the Local |
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Government etc. (Scotland) Act 1994 (c. 39). |
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96 | Mandatory conditions of lottery operating licence |
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(1) | In issuing a lottery operating licence to a non-commercial society or to a local |
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authority the Commission shall attach conditions under section 73 or 75 for the |
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purpose of achieving the requirements specified in this section. |
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(2) | The first requirement is that at least 20% of the proceeds of any lottery |
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promoted in reliance on the licence are applied— |
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(a) | in the case of a licence issued to a non-commercial society, to a purpose |
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for which the promoting society is conducted, and |
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(b) | in the case of a licence issued to a local authority, for a purpose for |
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which the authority has power to incur expenditure. |
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(3) | The second requirement is that— |
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(a) | the proceeds of any lottery promoted in reliance on the licence may not |
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(b) | the aggregate of the proceeds of lotteries promoted wholly or partly in |
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a calendar year in reliance on the licence may not exceed £10,000,000. |
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(4) | The third requirement is that it must not be possible for the purchaser of a |
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ticket in a lottery promoted in reliance on the licence to win by virtue of that |
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ticket (whether in money, money’s worth, or partly the one and partly the |
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(b) | if more, 10% of the proceeds of the lottery; |
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| and any rollover must comply with this subsection. |
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(5) | The fourth requirement is that each ticket in any lottery promoted by a non- |
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commercial society in reliance on the licence— |
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(b) | must identify the promoting society, |
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(c) | must state the name and address of a member of the society who is |
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designated, by persons acting on behalf of the society, as having |
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responsibility within the society for the promotion of the lottery, and |
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(d) | must give the date of the draw (or each draw) in the lottery. |
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(6) | The fifth requirement is that the price payable for each ticket in any lottery |
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promoted in reliance on the licence— |
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(b) | must be shown on the ticket, and |
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(c) | must be paid to the promoter of the lottery before any person is given |
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the ticket or any right in respect of membership of the class among |
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whom prizes are to be allocated. |
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(7) | The sixth requirement is that membership of the class among whom prizes in |
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any lottery promoted in reliance on the licence are allocated may not be |
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dependent on making any payment (apart from payment of the price of a |
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(a) | conditions are attached to a lottery operating licence in accordance with |
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(b) | the lottery operating licence is also subject to a condition under section |
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95(3)(a) requiring arrangements for the lottery to be made by the holder |
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of a lottery manager’s operating licence, |
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| the conditions specified in paragraph (a) above shall, by virtue of this |
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subsection, attach to the lottery manager’s operating licence in so far as it is |
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relied upon in pursuance of the condition specified in paragraph (b) above. |
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(9) | Nothing in this section prevents the Commission from attaching a condition to |
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a lottery operating licence of a kind similar to but more onerous than a |
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requirement of this section. |
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(10) | The Secretary of State may by order vary a monetary amount or a percentage |
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