National Lottery etc. Act 1993

Control by the Secretary of State

11Directions to the Director General

(1)The Director General shall in exercising his functions under sections 5 to 10 comply with any directions that he may be given by the Secretary of State.

(2)Such directions may deal in particular—

(a)with the matters that the Director General should take into account in deciding whether or not to grant licences;

(b)with the conditions that licences should contain.

12Regulations as to the promotion of lotteries

(1)The Secretary of State may by regulations make such provision in relation to the promotion of lotteries that form part of the National Lottery as he considers necessary or expedient.

(2)Such regulations may in particular impose requirements or restrictions as to—

(a)the minimum age of persons to whom or by whom tickets or chances may be sold;

(b)the places, circumstances or manner in which tickets or chances may be sold or persons may be invited to buy them;

(c)the information that must appear in an advertisement for a lottery;

(d)the places, circumstances or manner in which signs relating to a lottery may be displayed.

(3)In subsection (2) “tickets” includes any document providing evidence of a person’s claim to participate in the chances of a lottery.

(4)Regulations under this section may make different provision for different areas.

13Contravention of regulations an offence

(1)If any requirement or restriction imposed by regulations made under section 12 is contravened in relation to the promotion of a lottery that forms part of the National Lottery—

(a)the promoter of the lottery shall be guilty of an offence, except if the contravention occurred without the consent or connivance of the promoter and the promoter exercised all due diligence to prevent such a contravention,

(b)any director, manager, secretary or other similar officer of the promoter, or any person purporting to act in such a capacity, shall be guilty of an offence if he consented to or connived at the contravention or if the contravention was attributable to any neglect on his part, and

(c)any other person who was party to the contravention shall be guilty of an offence.

(2)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both.

(3)Summary proceedings in Scotland for an offence under this section may be commenced within a period of six months from the date on which evidence sufficient in the opinion of the procurator fiscal to warrant proceedings came to his knowledge; but no proceedings in Scotland shall be commenced by virtue of this section more than three years after the commission of the offence.

(4)For the purposes of this section, a certificate signed by or on behalf of the procurator fiscal and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be taken to be so signed unless the contrary is proved.