National Lottery etc. Act 1993

Section 10.

SCHEDULE 3U.K. REVOCATION OF LICENCES

Part IU.K. DISCRETIONARY GROUNDS FOR REVOCATION

1U.K.A condition in the licence has been contravened.

2U.K.Any information given by the licensee to the Director General—

(a)in or in connection with the application for the licence,

(b)in pursuance of a condition in the licence, or

(c)in making representations under section 8(2) or Part II of this Schedule,

was false in a material particular.

3(1)A proposal for a voluntary arrangement under Part I of the M1Insolvency Act 1986 or Part II of the M2Insolvency (Northern Ireland) Order 1989 has been made in relation to the licensee.U.K.

(2)A petition F1... for the winding up of the licensee has been presented to the court.

(3)A resolution for the voluntary winding up of the licensee has been passed.

(4)A receiver or manager of the whole or any part of the licensee’s property has been appointed.

[F2(5)An administration application has been made or a notice of intention to appoint an administrator or a notice of an appointment of an administrator under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 (c. 45) has been filed.]

4U.K.In the case of a licence granted under section 5—

(a)the licensee is not providing or proposing to provide facilities that are necessary or desirable for running the National Lottery;

(b)any person who is managing the business or any part of the business of running the National Lottery under the licence is not a fit and proper person to do so;

(c)any person for whose benefit that business is carried on is not a fit and proper person to benefit from it.

5U.K.In the case of a licence granted under section 6—

(a)the licensee is not taking or proposing to take steps that are necessary or desirable for preventing the commission of fraud by participants in any lottery promoted under the licence;

(b)a person who is managing the business or any part of the business of promoting lotteries under the licence is not a fit and proper person to do so;

(c)a person for whose benefit that business is carried on is not a fit and proper person to benefit from it.

Part IIU.K. PROCEDURE AND APPEALS

Notice of proposed revocationU.K.

6(1)Where the Director General proposes to revoke a licence, he shall serve a notice on the licensee stating—U.K.

(a)that he proposes to revoke the licence,

(b)the ground or grounds for revocation,

(c)that the licensee may within the period of twenty-one days beginning with the date of the notice either make written representations about the matter to him or notify him in writing of the licensee’s intention to make oral representations, F3. . .

F4[(cc)that the right of appeal conferred by paragraph 11 is dependent on the licensee having made such written or oral representations, and]

(d)the effect of sub-paragraph (2).

(2)If, within the period mentioned in sub-paragraph (1)(c), the Director General receives neither written representations nor written notification of the licensee’s intention to make oral representations, the revocation shall take effect at the end of that period.

Suspension of licenceU.K.

7(1)The Director General may suspend a licence as from the date of any notice served in respect of it under paragraph 6 if—U.K.

(a)he reasonably believes that the ground or any of the grounds specified in the notice involves fraud by the licensee, or

(b)the ground or one of the grounds specified in the notice is the ground set out in paragraph 5(a).

(2)Where a licence is suspended under this paragraph—

(a)the suspension shall last until the revocation takes effect or the Director General decides not to revoke the licence [F5or an appeal against the revocation is allowed], and

(b)the notice shall inform the licensee accordingly.

Decision by the Director GeneralU.K.

8(1)The Secretary of State may make regulations as to the procedure to be followed where a licensee’s intention to make oral representations is notified to the Director General as mentioned in paragraph 6(1)(c).U.K.

(2)The regulations may in particular make provision—

(a)for the revocation of the licence to take effect if the licensee fails to comply with any requirements imposed by or under the regulations, and

(b)as to the hearing by the Director General of oral representations.

9(1)If any written representations against the revocation of a licence are made as mentioned in paragraph 6(1)(c) or any oral representations against the revocation of a licence are made in accordance with regulations under paragraph 8, the Director General shall after taking the representations into account—U.K.

(a)decide whether or not to revoke the licence, and

(b)serve a further notice on the licensee informing the licensee of his decision and (if the case so requires) of the effect of sub-paragraph (2).

(2)Where the decision is to revoke the licence, the revocation shall not take effect—

(a)until the end of such period as may be specified in the further notice, or

F6[(b)if the licensee appeals within that period against the revocation and the court makes an order under paragraph 11(2), until such time as is specified in the order,

whichever is the later.]

(3)The period specified in the further notice shall be a period of at least twenty-eight days beginning with the date of that notice.

Appeals to the Secretary of StateU.K.

F710U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 Appeals]U.K.

F9[11(1)Where the Director General decides under paragraph 9 to revoke a licence, the licensee may appeal against the decision on the grounds—U.K.

(a)that the Director General made an error as to the facts,

(b)that there was a material procedural error, or

(c)that the Director General made some other error of law.

(2)Where a licensee appeals under this paragraph, the powers of the court pending the withdrawal or final disposal of the appeal shall include power, on the application of the licensee or the Director General, to make an order, if the court considers it just and equitable to do so in all the circumstances of the case, preventing the revocation taking effect until such time as may be specified in the order.

(3)An appeal under this paragraph lies to the High Court or, in Scotland, to the Court of Session.

(4)Any appeal under this paragraph to the Court of Session shall be heard in the Outer House.]