SCHEDULES

Section 2.

SCHEDULE 1Legality etc. of lotteries forming part of the National Lottery

The Gaming Act 1968 (c. 65)

1In section 52(3) of the Gaming Act 1968 (circumstances in which a lottery does not constitute gaming) after “the Lotteries and Amusements Act 1976” there shall be inserted “or a lottery forming part of the National Lottery for the purposes of Part I of the National Lottery etc. Act 1993,”.

The Lotteries and Amusements Act 1976 (c. 32)

2(1)In section 1 of the Lotteries and Amusements Act 1976 (illegality of lotteries) after “except as provided by this Act” there shall be added “and section 2(1) of the National Lottery etc. Act 1993”.

(2)In section 2 of that Act (general lottery offences) at the end of subsection (2) (defences) there shall be added— “; or

(d)that the lottery to which the proceedings relate was a lottery forming part of the National Lottery for the purposes of Part I of the National Lottery etc. Act 1993 or that at the date of the alleged offence the person charged believed, and had reasonable ground for believing, it to be such a lottery.”

The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I. 11))

3(1)In Article 2(3) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (circumstances in which a lottery does not constitute gaming) after “Article 133, 134 or 135” there shall be inserted “or a lottery forming part of the National Lottery for the purposes of Part I of the National Lottery etc. Act 1993”.

(2)In Article 131 of that Order (illegality of lotteries) after “Schedule 20” there shall be inserted “and to section 2(1) of the National Lottery etc. Act 1993”.

(3)In Article 132 of that Order (general lottery offences) at the end of paragraph (2) (defences) there shall be added— “; or

(d)that the lottery to which the proceedings relate was a lottery forming part of the National Lottery for the purposes of Part I of the National Lottery etc. Act 1993 or that at the date of the alleged offence the person charged believed, and had reasonable ground for believing, it to be such a lottery.”

Section 3.

SCHEDULE 2The Director General of the National Lottery

Tenure of office

1(1)Subject to the following provisions of this paragraph, a person shall hold and vacate office as Director General in accordance with the terms of his appointment.

(2)A person shall not be appointed to hold office as Director General for a term of more than five years.

(3)At the end of a term of appointment as Director General a person shall be eligible for re-appointment.

(4)The Secretary of State may remove a person from office as Director General on the ground of incapacity or misbehaviour.

Remuneration etc.

2(1)The Director General shall be paid such remuneration and such travelling and other allowances as the Secretary of State may determine.

(2)Where the Secretary of State so determines in the case of a holder of the office of Director General—

(a)such pension, allowances or gratuities as the Secretary of State may determine shall be paid to or in respect of him, or

(b)such payments as the Secretary of State may determine shall be made towards the provision of a pension, allowances or gratuities to or in respect of him.

(3)If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as Director General to receive compensation, such compensation as the Secretary of State may determine may be paid to him.

(4)A determination under this paragraph shall not have effect unless it has been approved by the Treasury.

Staff

3The Director General may appoint such staff as he may determine, subject to the Treasury approving their number and the terms and conditions of their service.

4Anything authorised or required by or under any enactment to be done by the Director General may be done by any member of his staff who has been authorised by him (whether generally or specially) for that purpose.

Finance

5There shall be paid out of money provided by Parliament—

(a)the remuneration of the Director General and any other payments made under paragraph 2, and

(b)such sums as are necessary to defray any expenses incurred by the Director General.

Evidence

6A document purporting to be duly executed under the seal of the Director General or to be signed by him or on his behalf shall be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

The Parliamentary Commissioner

7In the [1967 c. 13.] Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), the following entry shall be inserted at the appropriate place— “Office of the Director General of the National Lottery.

The Council on Tribunals

8(1)In section 7 of the [1992 c. 53.] Tribunals and Inquiries Act 1992 (which restricts Ministers' powers to remove members of tribunals listed in Schedule 1 to that Act) in subsection (2) (tribunals to which that section does not apply) after “33(a),” there shall be inserted “33A,”.

(2)In Schedule 1 to that Act (tribunals under the supervision of the Council on Tribunals) after paragraph 33 there shall be inserted—

“National Lottery

33AThe Director General of the National Lottery in respect of his functions under section 10 of and Schedule 3 to the National Lottery etc. Act 1993 (c. 39), and any member of the Director General’s staff authorised under paragraph 4 of Schedule 2 to that Act to exercise any of those functions.”

Parliamentary disqualification

9(1)In the [1975 c. 24.] House of Commons Disqualification Act 1975, in Part III of Schedule 1 (other disqualifying offices), the following entry shall be inserted at the appropriate place— “Director General of the National Lottery.

(2)The same entry shall be inserted at the appropriate place in Part III of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975.

Section 10.

SCHEDULE 3Revocation of licences

Part IDiscretionary grounds for revocation

1A condition in the licence has been contravened.

2Any 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 [1986 c. 45.] Insolvency Act 1986 or Part II of the [S.I. 1989/2405 (N.I. 19).] Insolvency (Northern Ireland) Order 1989 has been made in relation to the licensee.

(2)A petition for an administration order to be made in respect of the licensee or 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.

4In 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.

5In 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 IIProcedure and appeals

Notice of proposed revocation

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

(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, 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 licence

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—

(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 or the Secretary of State allows an appeal against the revocation, and

(b)the notice shall inform the licensee accordingly.

Decision by the Director General

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).

(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—

(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

(b)if within that period the licensee appeals against the revocation to the Secretary of State, until the Secretary of State determines the appeal.

(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 State

10The Secretary of State may make regulations as to the manner of making appeals to him against the revocation of a licence and the procedure to be followed in relation to such appeals.

Section 36.

SCHEDULE 4Amendment of the National Heritage Act 1980 (c. 17)

1In section 1(2) (constitution of the Trustees of the National Heritage Memorial Fund) for “ten” there shall be substituted “fourteen”.

2In section 2 (payments into the National Heritage Memorial Fund) after subsection (1) there shall be inserted—

“(1A)The Trustees shall pay into the Fund any sums paid to them under section 24 of the National Lottery etc. Act 1993.”

3(1)Section 3 (grants and loans from the National Heritage Memorial Fund) shall be amended as follows.

(2)In subsection (2) for “this section” there shall be substituted “subsection (1) above”.

(3)After subsection (2) there shall be inserted—

“(2A)Notwithstanding that an object such as is mentioned in subsection (1)(b) above or a collection or group of objects such as is mentioned in subsection (1)(c) above is not itself of importance to the national heritage, the Trustees may make a grant or loan under subsection (1) above for the purpose of assisting in its acquisition if—

(a)they are satisfied that after its acquisition it will form part of a collection or group of objects such as is mentioned in subsection (1)(c) above, and

(b)after obtaining such expert advice as appears to them to be appropriate, they are of opinion that that collection or group is of importance to the national heritage.

(2B)Subject to the provisions of this section, the Trustees may make grants out of the Fund to eligible recipients for the purpose of assisting them—

(a)to construct, acquire or improve any building designed to house objects which, either individually or as a collection or group, in the opinion of the Trustees are of outstanding historic, artistic or scientific interest;

(b)to convert any building, or to acquire any building for the purpose of converting it, into a building of the description mentioned in paragraph (a) above;

(c)to acquire any land on which a building of the description mentioned in paragraph (a) above is to be constructed;

(d)to construct, acquire or improve any building the only or principal purpose of which is, or is to be, to provide facilities—

(i)designed to promote the public’s enjoyment, or advance the public’s knowledge, of any property of a description mentioned in subsection (1)(a), (b) or (c) above; and

(ii)provided in connection with public access to, or the public display of, that property;

(e)to convert any building, or to acquire any building for the purpose of converting it, into a building of the description mentioned in paragraph (d) above;

(f)to acquire any land on which a building of the description mentioned in paragraph (d) above is to be constructed;

(g)to preserve or maintain any building or land in respect of which a grant has been or is to be made under any of paragraphs (a) to (f) above.

(2C)The Trustees shall not make a grant under subsection (2B) above unless, after obtaining such expert advice as appears to them to be appropriate, they are of opinion—

(a)in the case of a grant under paragraph (a), (b) or (c) of that subsection or a grant under paragraph (g) of that subsection where a grant under paragraph (a), (b) or (c) has been or is to be made, that the objects housed or to be housed in the building are, either individually or as a collection or group, of importance to the national heritage; or

(b)in the case of a grant under paragraph (d), (e) or (f) of that subsection or a grant under paragraph (g) of that subsection where a grant under paragraph (d), (e) or (f) has been or is to be made, that the property in relation to which the facilities in question are or are to be provided is of importance to the national heritage.”

(4)At the end of subsection (3) there shall be added “(or, in the case of a grant such as is mentioned in subsection (2C)(a) above, objects housed on the property or, in the case of a grant such as is mentioned in subsection (2C)(b) above, the property in relation to which the facilities in question are provided)”.

(5)At the end of subsection (4)(a)(i) there shall be inserted “(or, in the case of a grant such as is mentioned in subsection (2C)(a) above, objects housed on the property or, in the case of a grant such as is mentioned in subsection (2C)(b) above, the property in relation to which the facilities in question are provided)”.

(6)In subsection (6)(d) (the Secretary of State acting in the discharge of certain functions is an “eligible recipient”) the words from “acting” to “1979” shall be omitted.

(7)After subsection (6) there shall be inserted—

“(6A)Where the Secretary of State receives a sum by way of a grant or loan under this section he may, with the consent of the Treasury, instead of paying it into the Consolidated Fund, apply it as money provided by Parliament.”

4In section 4(2) (application of section 3(2) and (3) in relation to other expenditure out of National Heritage Memorial Fund) after “(2)” there shall be inserted “, (2A)”.

5In section 6(2) (investment of sums paid into the National Heritage Memorial Fund under section 2(1)) after “section 2(1)” there shall be inserted “or (1A)”.

6In section 17 (expenses and receipts) after “and” there shall be inserted “subject to section 3(6A) above”.

7In paragraph 5(1) of Schedule 1 (expenses of Trustees to be defrayed out of the National Heritage Memorial Fund) for “under this Act shall” there shall be substituted “may”.

Section 37.

SCHEDULE 5The National Lottery Charities Board

Membership

1(1)The Charities Board shall consist of a chairman and sixteen other members, all of whom shall be appointed by the Secretary of State.

(2)The Secretary of State may by order increase the number of members for the time being specified in sub-paragraph (1).

Committees

2(1)The Charities Board shall establish four committees for the purpose of exercising the Board’s functions in relation to applications by charities for grants in respect of appropriate activities in England, Scotland, Wales and Northern Ireland respectively.

(2)In sub-paragraph (1)—

• “appropriate activities” means activities in relation to which the Charities Board consider it appropriate to delegate their functions to a committee established under that sub-paragraph, and

• “charities” includes institutions such as are mentioned in paragraph (b) of the definition of “charitable expenditure” in section 44(1).

(3)Subject to sub-paragraph (1), any function of the Charities Board may be exercised by any committee of theirs authorised by them (whether generally or specially) for that purpose.

(4)A committee of the Charities Board shall consist of a chairman and two or more other members.

(5)Subject to sub-paragraph (6), all the members of a committee of the Charities Board shall be members of the Board.

(6)In the case of a committee other than one established under sub-paragraph (1), any member other than the chairman may be a person who is not a member of the Charities Board but is appointed to the committee by the Secretary of State at the Board’s request.

Tenure of office

3(1)Subject to the following provisions of this paragraph, a person shall hold and vacate office as chairman or other member of the Charities Board or a committee of theirs in accordance with the terms of his appointment.

(2)The Secretary of State shall not appoint a person to hold office as a member of the Charities Board or a committee of theirs for a term of more than five years.

(3)A chairman or member of the Charities Board or a person appointed to a committee of theirs by the Secretary of State may at any time resign his office by notice in writing addressed to the Secretary of State.

(4)A member of the Charities Board or a person appointed to a committee of theirs by the Secretary of State may be removed from office by the Secretary of State on the ground that—

(a)he has been absent for a period longer than three consecutive months from meetings of the Board without the Board’s consent or (as the case may be) from meetings of the committee without the committee’s consent,

(b)a bankruptcy order has been made against him or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(c)he is unable or unfit to discharge the functions of his office.

(5)If a chairman of the Charities Board or a committee of theirs ceases to be a member of the Board he shall also cease to be chairman.

(6)A person who ceases, otherwise than by virtue of sub-paragraph (4), to be a member or chairman of the Charities Board or a committee of theirs shall be eligible for re-appointment.

Remuneration and allowances

4(1)The Charities Board may pay—

(a)such remuneration to their chairman and the chairman of any committee of theirs, and

(b)such travelling and other allowances to their chairman and any other member of the Board or any committee of theirs,

as the Secretary of State may determine.

(2)Where the Secretary of State so determines in the case of a holder of the office of chairman of the Charities Board or chairman of a committee of the Charities Board, the Charities Board shall—

(a)pay to or in respect of him such pension, allowances or gratuities, or

(b)make such payments towards the provision of a pension, allowances or gratuities to or in respect of him,

as the Secretary of State may determine.

(3)If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the Charities Board or of a committee of the Charities Board to receive compensation, the Charities Board may pay to him such compensation as the Secretary of State may determine.

(4)A determination under this paragraph shall not have effect unless it has been approved by the Treasury.

Staff

5(1)The Charities Board may appoint such staff as they may determine with the Secretary of State’s approval as to numbers and terms and conditions of service.

(2)The Charities Board may with the Secretary of State’s approval—

(a)pay such pensions, allowances or gratuities to or in respect of any persons who have been or are members of their staff as they may determine;

(b)make such payments as they may determine towards the provision of pensions, allowances or gratuities to or in respect of any such persons;

(c)provide and maintain such schemes as they may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any such persons.

(3)Any reference in sub-paragraph (2) to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes pensions, allowances or gratuities by way of compensation to or in respect of any members of the Charities Board’s staff who suffer loss of office or employment.

(4)The Secretary of State shall not give an approval under this paragraph without the Treasury’s consent.

Proceedings

6(1)Subject to the provisions of this Schedule, the Charities Board may regulate their own procedure and that of any of their committees (and in particular may specify a quorum for meetings).

(2)The quorum for meetings of any committee of the Charities Board shall not be less than three.

(3)No committee of the Charities Board may exercise any function of the Board at a meeting unless one of the members present is a member of the Board.

(4)The validity of any proceedings of the Charities Board shall not be affected by any vacancy among their members, or by any defect in the appointment of any person as chairman or a member.

Application of seal and evidence

7The application of the seal of the Charities Board shall be authenticated by the signature—

(a)of any member of the Charities Board, or

(b)of any other person who has been authorised by the Charities Board (whether generally or specially) for that purpose.

8A document purporting to be duly executed under the seal of the Charities Board or to be signed on their behalf shall be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Finance

9Until such time as the Secretary of State considers that the sums paid to the Charities Board under section 24 are sufficient to enable them to meet under section 25(3) the expenses incurred by them in exercising their functions under this Act, he shall pay to the Charities Board such sums as are necessary to defray those expenses.

Status of the Board

10The Charities Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

Parliamentary disqualification

11(1)In the [1975 c. 24.] House of Commons Disqualification Act 1975, in Part III of Schedule 1 (other disqualifying offices), the following entry shall be inserted at the appropriate place— “Chairman of the National Lottery Charities Board and any chairman of a committee of that Board.

(2)The same entry shall be inserted at the appropriate place in Part III of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975.

Exemption from register of charities

12In Schedule 2 to the [1993 c. 10.] Charities Act 1993 (which lists the institutions that so far as they are charities are exempt charities within the meaning of that Act) there shall be added at the end—

“(zb)the National Lottery Charities Board.”

Section 40.

SCHEDULE 6The Millennium Commission

Membership

1(1)The Millennium Commission shall consist of nine members appointed by Her Majesty on the recommendation of the Prime Minister, of whom—

(a)two shall be Ministers of the Crown, and

(b)one shall be a person nominated by the Leader of the Opposition.

(2)Her Majesty shall, on the recommendation of the Prime Minister, appoint one of the members who are Ministers of the Crown to be chairman.

(3)In this paragraph “the Leader of the Opposition” means the member of the House of Commons who is the leader in that House of the party in opposition to Her Majesty’s Government that has the greatest numerical strength in that House.

(4)If any doubt arises (whether in relation to this paragraph or in relation to paragraph 5) as to—

(a)who is or was the Leader of the Opposition at any time, or

(b)which is or was the party in opposition to Her Majesty’s Government that has or had the greatest numerical strength in the House of Commons at any time,

the question shall be decided by the Speaker of the House of Commons, whose decision shall be final.

2(1)Subject to sub-paragraph (2), after 31st December 2000 the Secretary of State may by order—

(a)reduce the total number of members of the Millennium Commission for the time being specified in paragraph 1(1);

(b)substitute the following for paragraph 1(1)(a)—

“(a)one shall be a Minister of the Crown, and”.

(2)An order under sub-paragraph (1) shall not—

(a)reduce the total number of members of the Millennium Commission to less than three, or

(b)result in more than one third of the members being Ministers of the Crown.

Tenure of office

3Subject to paragraphs 4 and 5, a person shall hold and vacate office as chairman or a member of the Millennium Commission in accordance with the terms of his appointment.

4(1)A chairman or member may at any time resign his office by notice in writing addressed to Her Majesty.

(2)Her Majesty may remove a person from office as a member on the ground that—

(a)he has been absent from meetings of the Millennium Commission for a period longer than three consecutive months without the Commission’s consent,

(b)a bankruptcy order has been made against him or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(c)he is unable or unfit to discharge the functions of a member.

(3)If a chairman ceases to be a member he shall also cease to be chairman.

(4)A person who ceases to be a member, otherwise than by virtue of sub-paragraph (2), or ceases to be chairman shall be eligible for re-appointment.

5The member referred to in paragraph 1(1)(b) shall cease to hold office if the party by the leader of which he was nominated ceases to be the party in opposition to Her Majesty’s Government that has the greatest numerical strength in the House of Commons.

Allowances

6The Millennium Commission may pay such travelling and other allowances to their members as the Secretary of State may, with the Treasury’s approval, determine.

Staff

7(1)The Millennium Commission may appoint such staff as they may determine with the Secretary of State’s approval as to numbers and terms and conditions of service.

(2)The Millennium Commission may with the Secretary of State’s approval—

(a)pay such pensions, allowances or gratuities to or in respect of any persons who have been or are members of their staff as they may determine;

(b)make such payments as they may determine towards the provision of pensions, allowances or gratuities to or in respect of any such persons;

(c)provide and maintain such schemes as they may determine (whether contributory or not) for the payment of pensions, allowances or gratuities, to or in respect of any such persons.

(3)Any reference in sub-paragraph (2) to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes pensions, allowances or gratuities by way of compensation to or in respect of any members of the Millennium Commission’s staff who suffer loss of office or employment.

(4)The Secretary of State shall not give an approval under this paragraph without the Treasury’s consent.

Proceedings

8(1)Subject to the provisions of this Schedule, the Millennium Commission may regulate their own procedure (and in particular may specify a quorum for meetings).

(2)The validity of any proceedings of the Millennium Commission shall not be affected by any vacancy among their members, or by any defect in the appointment of any person as a member.

Application of seal and evidence

9The application of the seal of the Millennium Commission shall be authenticated by the signature—

(a)of any member of the Millennium Commission, or

(b)of any other person who has been authorised by the Millennium Commission (whether generally or specially) for that purpose.

10A document purporting to be duly executed under the seal of the Millennium Commission or to be signed on their behalf shall be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Finance

11Until such time as the Secretary of State considers that the sums paid to the Millennium Commission under section 24 are sufficient to enable them to meet under section 25(3) the expenses incurred by them in exercising their functions under this Act, he shall pay to the Millennium Commission such sums as are necessary to defray those expenses.

Status of the Millennium Commission

12The Millennium Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

13In Schedule 1 to the [1958 c. 51.] Public Records Act 1958 (definition of public records), the following entry shall be inserted at the appropriate place in Part II of the Table at the end of paragraph 3— “Millennium Commission.

Section 48.

SCHEDULE 7Registration of societies

Part IAmendment of Schedule 1 to the 1976 Act

1For the heading “Registration of Societies” there shall be substituted “Registration of Societies by Local Authorities”.

2In paragraph 1—

(a)sub-paragraph (1) (which requires every application for the registration of a society to be made to the registration authority) shall be omitted, and

(b)in sub-paragraph (2) (definition of “registration authority”) for “In this Schedule” there shall be substituted “In this Act”.

3In paragraph 2 (purposes for which the society is established and conducted to be specified in such an application) for “Any such application” there shall be substituted “An application to the registration authority for the registration of a society”.

4After paragraph 3 there shall be inserted—

“3A(1)The registration authority shall refuse or revoke the registration of the society under this Part of this Schedule if the Board have refused or revoked the registration of the society under Schedule 1A below within the last five years.

(2)Sub-paragraph (1) above does not apply where the ground for the Board’s refusal or revocation was that specified in paragraph 3(2)(e) of Schedule 1A below.

(3)Where the registration authority refuse or revoke the registration of a society under sub-paragraph (1) above, they shall notify the society in writing that they have done so.”

5(1)In paragraph 4 (grounds on which the registration authority have a discretion to refuse or revoke the society’s registration)—

(a)for sub-paragraph (1)(a) there shall be substituted—

“(a)that any person who is or will be a person connected with a lottery promoted or proposed to be promoted on behalf of the society has been convicted of an offence to which this paragraph applies; or”,

(b)after sub-paragraph (1)(b) there shall be inserted— “; or

(c)that any information given by the society to the authority in or in connection with the society’s application for registration was false in a material particular.”,

(c)in sub-paragraph (2) (offences to which paragraph 4 applies) after “an offence under paragraph 14 below” there shall be inserted “, paragraph 14 of Schedule 1A below, paragraph 8 or 9 of Schedule 2 below, paragraph 12 of Schedule 2A below”, and

(d)after sub-paragraph (2) there shall be added—

“(3)For the purposes of sub-paragraph (1)(a) above, a person connected with a lottery is a person who is or has been—

(a)involved in the promotion of the lottery; or

(b)employed for reward in connection with the promotion of any other lottery on behalf of the same society.”

(2)After paragraph 4 there shall be inserted—

“4AThe registration authority may, after giving the society an opportunity of being heard, revoke the registration of the society under this Part of this Schedule if it appears to the authority that the society has failed to comply with a requirement imposed on it under paragraph 16 below.”

6In paragraphs 5, 6 and 7 (appeals against refusal or revocation of registration under paragraph 4) for “paragraph 4” there shall be substituted “paragraph 4 or 4A”.

7In paragraph 11 (returns to be made in respect of a society’s lottery) after sub-paragraph (c) there shall be inserted—

“(cc)whether any expenses were met otherwise than out of proceeds of the lottery and, if so, the amount and source of any sums used to meet them;”.

8In paragraph 12 (return not required in respect of a lottery promoted in accordance with a scheme registered with the Gaming Board) for “promoted in accordance with a scheme registered with the Board” there shall be substituted “if on the date of the lottery the society was registered with the Board under Schedule 1A below”.

9After paragraph 14 there shall be added—

“15(1)Where it appears to the registration authority that section 5(3C) above applies to a lottery in respect of which a return has been sent to them under paragraph 11 above, they shall notify the Board in writing of that fact.

(2)The notification shall have attached to it a copy of the return and of all other returns sent to the registration authority in respect of the earlier lotteries mentioned in section 5(3C)(b) above.

16The registration authority may require a society that is registered under this Part of this Schedule—

(a)to allow the authority to inspect and take copies of any documents of the society, including any information kept by the society otherwise than in writing, relating to any lottery promoted on behalf of the society; and

(b)where such information is kept by means of a computer, to give the authority such assistance as they may require to enable them to inspect and take copies of the information in a visible and legible form and to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the information.”

Part IISchedule to be inserted in the 1976 Act after Schedule 1

“Schedule 1ARegistration of Societies by the Gaming Board

Part IRegistration

1An application to the Board for the registration of a society shall—

(a)specify the address of the office or head office of the society,

(b)specify the purposes for which the society is established and conducted, and

(c)have attached to it a copy of any scheme approved by the society under section 5(3)(c) above.

2(1)Subject to the provisions of this Schedule, upon application being duly made on behalf of a society and upon payment of a prescribed fee, the Board shall register the society in a register to be kept for the purposes of section 5 above and notify the society in writing that they have done so.

(2)Any fees received by the Board by virtue of this paragraph shall be paid into the Consolidated Fund.

3(1)The Board shall refuse or revoke the registration of a society under this Schedule if any scheme attached to its application for registration, or any other scheme subsequently approved by the society under section 5(3)(c) above, is contrary to law.

(2)The Board may refuse or revoke the registration of a society under this Schedule if it appears to the Board—

(a)that the ground specified in paragraph 4(1)(a) or (b) of Schedule 1 above applies;

(b)that any information given by the society to the Board in or in connection with the society’s application for registration was false in a material particular;

(c)that the address of the office or head office of the society is the same as that of the office or head office of another society that is established for the same or a connected purpose and is registered under this Schedule;

(d)that any lottery promoted on behalf of the society within the last five years has not been properly conducted;

(e)that any fees payable by the society under this Act have not been paid;

(f)that the society has failed to comply with a requirement imposed on it under paragraph 12 below; or

(g)that an act or omission of a person who is or will be a person connected with a lottery promoted or proposed to be promoted on behalf of the society was a cause—

(i)of the registration of another society being refused or revoked on the ground specified in paragraph (b) or (f) above or under sub-paragraph (5) below;

(i)of the registration of a scheme being refused or revoked on a ground specified in paragraph 3(1)(e) or 4(2)(c) of Schedule 2 below; or

(iii)of a relevant lottery, in the promotion of which the person was involved, not being properly conducted.

(3)In considering whether sub-paragraph (2)(g) above applies, the Board shall disregard any act or omission that occurred more than five years previously.

(4)For the purposes of sub-paragraph (2)(g) above—

(a)a person connected with a lottery is a person who is or has been—

(i)involved in the promotion of the lottery; or

(ii)employed for reward in connection with the promotion of any other lottery on behalf of the same society; and

(b)“relevant lottery”, in relation to a society and a person, means a lottery promoted—

(i)on behalf of another society that at the time of the person’s involvement with the promotion of the lottery was registered with the Board; or

(ii)under a scheme that at the time of the person’s involvement with the promotion of the lottery was registered with the Board.

(5)The Board may revoke the registration of a society under this Schedule if it appears to the Board that the society has failed to comply with a requirement imposed on it by or under paragraph 7, 8, 9, 11 or 13 below.

(6)The Board shall not refuse or revoke the registration of a society without giving the society an opportunity of being heard.

(7)Where the Board refuse or revoke the registration of a society, they shall notify the society and, except in the case of a refusal or revocation on the ground specified in sub-paragraph (2)(e) above, the registration authority in writing of the refusal or revocation and the ground for it.

(8)The revocation of the registration of a society under this Schedule shall not have effect in relation to any lottery in respect of which any tickets or chances have already been sold at the date of revocation.

4(1)The Secretary of State may direct the Board—

(a)to register under this Schedule any society that they have refused to register on any ground mentioned in paragraph 3(2) above; or

(b)to restore any registration that the Board have revoked on any ground mentioned in paragraph 3(2) or (5) above;

and the Board shall give effect to any such direction.

(2)The Board shall notify the society and the registration authority in writing of any direction that has been given to the Board under sub-paragraph (1) above.

(3)The restoration of any registration under sub-paragraph (1) above shall have effect from the date of revocation or such later date as may be specified in the direction.

5The Board shall cancel the registration of a society under this Schedule if the society requests them to do so.

6(1)A society that is registered under this Schedule shall pay to the Board—

(a)a prescribed fee at such intervals whilst the society is so registered as the Secretary of State may by order direct; and

(b)a prescribed fee for each society’s lottery promoted on behalf of the society whilst it is so registered.

(2)Any fees received by the Board by virtue of this paragraph shall be paid into the Consolidated Fund.

Part IIInformation

7A society registered under this Schedule shall notify the Board in writing of any change in the address of the society’s office or head office within the period of twenty-one days beginning with the day on which the change takes effect.

8(1)A society registered under this Schedule shall notify the Board in writing of any modification of a scheme approved by the society under section 5(3)(c) above.

(2)A copy of the scheme as modified shall be attached to the notification.

(3)The notification shall be given to the Board at least four weeks before any tickets or chances in a lottery promoted in accordance with the scheme as modified are sold, distributed or offered for sale.

(4)In this paragraph references to the modification of a scheme include the substitution for that scheme of another scheme (and references to the scheme as modified are to be read accordingly).

9(1)Where a society is registered under this Schedule on the date of a society’s lottery promoted on its behalf, it shall, before the end of the period of three months beginning with that date, send a return in respect of the lottery to the Board.

(2)The return shall be in such form and contain such information as the Board may direct.

(3)A direction under sub-paragraph (2) above shall be given in writing and may be varied or revoked by a subsequent direction.

10(1)The Board shall preserve any return sent to them under paragraph 9 above for a period of at least eighteen months, and during that period shall keep it deposited at their office and permit any member of the public to inspect it during office hours on payment of a prescribed fee.

(2)Any fees received by the Board by virtue of this paragraph shall be paid into the Consolidated Fund.

11(1)A society registered under this Schedule shall preserve all documents of the society, including all information kept by the society otherwise than in writing, relating to a lottery promoted on the society’s behalf until the end of the period of two years beginning with the date of the lottery.

(2)The Board may direct that, subject to such conditions as may be specified in the direction, sub-paragraph (1) above shall not apply to documents or information specified, or of a description specified, in the direction.

(3)A direction under sub-paragraph (2) above shall be given in writing and may be varied or revoked by a subsequent direction.

12The Board may require a society that is registered or has applied to be registered under this Schedule—

(a)to provide the Board with such information relating to any lottery promoted or to be promoted on behalf of the society as they may require;

(b)to allow the Board to inspect and take copies of any documents of the society, including any information kept by the society otherwise than in writing, relating to such a lottery;

(c)where such information is kept by means of a computer, to give the Board such assistance as they may require to enable them to inspect and take copies of the information in a visible and legible form and to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the information;

(d)to allow the Board to inspect any aspect of the management of such a lottery.

13(1)Subject to sub-paragraph (10) below, where the total value of the tickets or chances sold in all lotteries held in any one year and promoted on behalf of the same society is more than £100,000 and any of those lotteries is a lottery to which section 5(3B), (3C) or (3D) above applies, the society shall send to the Board accounts in respect of those lotteries together with a report on the accounts prepared by a qualifying auditor.

(2)The accounts shall be sent to the Board within ten months of the end of the year in which the lotteries to which they relate were held.

(3)Accounts under this paragraph shall comply with any directions given by the Board as to the information to be contained in such accounts, the manner in which such information is to be presented or the methods and principles according to which such accounts are to be prepared.

(4)Any directions under sub-paragraph (3) above shall be given in writing and may be varied or revoked by subsequent directions.

(5)In sub-paragraph (1) above “qualifying auditor” means a person who—

(a)is eligible for appointment as a company auditor under section 25 of the [1989 c. 40.] Companies Act 1989; and

(b)is not disqualified by sub-paragraph (6) below.

(6)The following persons are disqualified—

(a)a member of the society;

(b)a partner, officer or employee of such a member;

(c)a partnership of which a person disqualified by paragraph (a) or (b) above is a member.

(7)The auditor’s report on any accounts under this paragraph shall state whether in the auditor’s opinion the accounts have been properly prepared in accordance with any directions given under sub-paragraph (3) above.

(8)The auditor shall, in preparing his report, carry out such investigations as will enable him to form an opinion as to—

(a)whether proper accounting records have been kept by the society; and

(b)whether the society’s accounts are in agreement with the accounting records.

(9)If the auditor fails to obtain all the information and explanations that, to the best of his knowledge and belief, are necessary for the purposes of his audit, his report shall state that fact.

(10)Sub-paragraph (1) above does not apply to a society in relation to any year if the promotion of every lottery promoted on behalf of the society held in that year is managed by a person certified under Schedule 2A below as a lottery manager.

(11)For the purposes of this paragraph a lottery is held in the year in which the date of the lottery falls.

(12)In this paragraph “year” means a period of twelve months beginning with 1st January.

14(1)Any person who, in pursuance of a requirement imposed by or under paragraph 7, 9, 12 or 13 above, knowingly or recklessly gives to the Board any information which is false in a material particular shall be guilty of an offence.

(2)Any person who knowingly or recklessly includes in a report under paragraph 13 above any information which is false in a material particular shall be guilty of an offence.”

Section 49.

SCHEDULE 8Registration of schemes: amendment of Schedule 2 to the 1976 Act

1Paragraph 2 (submission of schemes by societies) shall be omitted.

2(1)In paragraph 3(1) (duty of Gaming Board to register a scheme submitted to them)—

(a)after “this Schedule” there shall be inserted “, and notify the local authority in writing that they have done so,”,

(b)paragraph (a) (scheme submitted by a society) shall be omitted,

(c)in paragraph (c)(i) for “applicant” there shall be substituted “local authority”,

(d)in paragraph (c)(ii) after “payable” there shall be inserted “by the local authority”,

(e)paragraph (c)(iii) (duty does not apply where requirements relating to provision of information have not been complied with) shall be omitted,

(f)in paragraph (d) (duty does not apply where an unsuitable person will be employed for reward in connection with the promotion of a lottery under the scheme) for “employed for reward in connection with the promotion of” there shall be substituted “a person connected with”, and

(g)after paragraph (d) there shall be inserted— “; or

(e)except where the Secretary of State otherwise directs, it appears to the Board that the local authority—

(i)have given to the Board in or in connection with the authority’s application for registration of the scheme any information which was false in a material particular; or

(ii)have failed to comply with a requirement imposed on them under paragraph 6C below; or

(f)except where the Secretary of State otherwise directs, it appears to the Board that an act or omission of a person who will be a person connected with a lottery under the scheme was a cause—

(i)of the registration of another scheme being refused or revoked on a ground specified in paragraph (e) above or paragraph 4(2)(c) below;

(ii)of the registration of a society being refused or revoked on the ground specified in paragraph 3(2)(b) or (f) of Schedule 1A above or under paragraph 3(5) of that Schedule; or

(iii)of a relevant lottery, in the promotion of which that person was involved, not being properly conducted.”

(2)After paragraph 3(1) there shall be inserted—

“(1A)In considering whether sub-paragraph (1)(f) above applies, the Board shall disregard any act or omission that occurred more than five years previously.

(1B)Where a scheme submitted to the Board under this Schedule is not registered by them, the Board shall notify the local authority concerned in writing of that fact and the reason for it.”

(3)In paragraph 3(2) (“unsuitable person” means a person convicted of one of a specified number of offences) after “an offence under paragraph 14 of Schedule 1 above” there shall be inserted “, paragraph 14 of Schedule 1A above, paragraph 8 or 9 below, paragraph 12 of Schedule 2A below”.

(4)After paragraph 3(2) there shall be inserted—

“(3)For the purposes of this paragraph and paragraph 4 below—

(a)a person connected with a lottery is a person who is or has been—

(i)involved in the promotion of the lottery; or

(ii)employed for reward in connection with the promotion of any other lottery under the same scheme; and

(b)“relevant lottery”, in relation to a scheme and a person, means a lottery promoted—

(i)under another scheme that at the time of the person’s involvement with the promotion of the lottery was registered with the Board; or

(i)on behalf of a society that at the time of the person’s involvement with the promotion of the lottery was registered with the Board.”

3For paragraph 4(1) and (2) there shall be substituted—

“(1)The Board shall revoke the registration of a scheme if it comes to their attention that the scheme has become, or has always been, contrary to law.

(2)The Board may revoke the registration of a scheme—

(a)on any of the grounds (c), (d) or (e) specified in paragraph 3(1) above;

(b)if it appears to them that an unsuitable person is a person connected with any lottery under the scheme;

(c)if it appears to them that the local authority have failed to comply with a requirement imposed on them by or under paragraph 5A, 6, 6B, 6C or 6D below; or

(d)if it appears to them that an act or omission of a person who is or will be a person connected with a lottery under the scheme was a cause—

(i)of the registration of another scheme being refused or revoked on a ground specified in paragraph 3(1)(e) or paragraph (c) above;

(i)of the registration of a society being refused or revoked on the ground specified in paragraph 3(2)(b) or (f) of Schedule 1A above or under paragraph 3(5) of that Schedule; or

(iii)of a relevant lottery, in the promotion of which that person was involved, not being properly conducted.

(2A)In considering whether sub-paragraph (2)(d) above applies, the Board shall disregard any act or omission that occurred more than five years previously.”

4After paragraph 4 there shall be inserted—

“4AWhere the Board revoke the registration of a scheme, they shall notify the local authority in writing of the revocation and of the ground for it.

4BThe Board shall cancel the registration of a scheme if the local authority request them to do so.”

5For paragraph 5(1) there shall be substituted—

“(1)The Secretary of State may direct the Board to restore any registration that has been revoked under paragraph 4(2) above, and the Board shall give effect to any such direction.

(1A)The Board shall notify a local authority in writing of any direction that has been given to the Board under sub-paragraph (1) above in relation to a scheme approved by the authority under section 6(2)(b) above.”

6After paragraph 5 there shall be inserted—

“5A(1)A local authority shall notify the Board in writing of any modification of a scheme approved by the authority under section 6(2)(b) above and registered under this Schedule.

(2)A copy of the scheme as modified shall be attached to the notification.

(3)The notification shall be given to the Board at least four weeks before any tickets or chances in a lottery promoted in accordance with the scheme as modified are sold, distributed or offered for sale.”

7For paragraph 6 there shall be substituted—

“6(1)A local authority shall, before the end of the period of three months beginning with the date of any local lottery promoted by them, send a return in respect of the lottery to the Board.

(2)The return shall be in such form and contain such information as the Board may direct.

(3)A direction under sub-paragraph (2) above shall be given in writing and may be varied or revoked by a subsequent direction.

6A(1)The Board shall preserve any return sent to them under paragraph 6 above for a period of at least eighteen months, and during that period shall keep it deposited at their office and permit any member of the public to inspect it during office hours on payment of a prescribed fee.

(2)Any fees received by the Board by virtue of this paragraph shall be paid into the Consolidated Fund.

6B(1)A local authority shall preserve all documents of theirs, including all information kept by them otherwise than in writing, relating to a local lottery promoted by them until the end of the period of two years beginning with the date of the lottery.

(2)The Board may direct that, subject to such conditions as may be specified in the direction, sub-paragraph (1) above shall not apply to documents or information specified, or of a description specified, in the direction.

(3)A direction under sub-paragraph (2) above shall be given in writing and may be varied or revoked by a subsequent direction.

6CThe Board may require a local authority—

(a)to provide the Board with such information as they may require relating to a local lottery promoted or to be promoted by the authority;

(b)to allow the Board to inspect and take copies of any documents of the authority, including any information kept by the authority otherwise than in writing, relating to such a lottery;

(c)where such information is kept by means of a computer, to give the Board such assistance as they may require to enable them to inspect and take copies of the information in a visible and legible form and to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the information;

(d)to allow the Board to inspect any aspect of the management of such a lottery.

6D(1)Subject to sub-paragraph (10) below, where the total value of the tickets or chances sold in all local lotteries held in any one financial year and promoted by the same local authority is more than £100,000, the authority shall send to the Board accounts for those lotteries together with a report on the accounts prepared by a qualifying auditor.

(2)The accounts shall be sent to the Board within ten months of the end of the financial year in which the lotteries to which they relate were held.

(3)Accounts under this paragraph shall comply with any directions given by the Board as to the information to be contained in such accounts, the manner in which such information is to be presented or the methods and principles according to which such accounts are to be prepared.

(4)Any directions under sub-paragraph (3) above shall be given in writing and may be varied or revoked by subsequent directions.

(5)In sub-paragraph (1) above “qualifying auditor” means a person who is—

(a)eligible for appointment as a company auditor under section 25 of the [1989 c. 40.] Companies Act 1989;

(b)a member of the Chartered Institute of Public Finance and Accountancy; or

(c)a firm each of the members of which is a member of that institute;

and who is not disqualified by sub-paragraph (6) below.

(6)The following persons are disqualified—

(a)a member, officer or employee of the local authority;

(b)a partner or employee of such a person;

(c)a partnership of which a person disqualified by paragraph (a) or (b) above is a member.

(7)The auditor’s report on any accounts under this paragraph shall state whether in the auditor’s opinion the accounts have been properly prepared in accordance with any directions given under sub-paragraph (3) above.

(8)The auditor shall, in preparing his report, carry out such investigations as will enable him to form an opinion as to—

(a)whether proper accounting records have been kept by the local authority; and

(b)whether the authority’s accounts are in agreement with the accounting records.

(9)If the auditor fails to obtain all the information and explanations that, to the best of his knowledge and belief, are necessary for the purposes of his audit, his report shall state that fact.

(10)Sub-paragraph (1) above does not apply to a local authority in relation to any financial year if the promotion of every local lottery promoted by them held in that year is managed by a person certified under Schedule 2A below as a lottery manager.

(11)For the purposes of this paragraph a lottery is held in the financial year in which the date of the lottery falls.

(12)In this paragraph “financial year” means a period of twelve months beginning with 1st April.”

8For paragraph 7(1) there shall be substituted—

“(1)The following fees shall be payable by a local authority to the Board—

(a)a prescribed fee on an application for a scheme approved by the authority to be registered under this Schedule;

(b)a prescribed fee at such intervals whilst such a scheme is so registered as the Secretary of State may by order direct; and

(c)a prescribed fee for each lottery promoted under such a scheme.”

9In paragraph 8 (offence to give false information to the Board) for “paragraph 6” there shall be substituted “paragraph 6, 6C or 6D”.

10After paragraph 8 there shall be added—

“9A person who knowingly or recklessly includes in a report under paragraph 6D above any information which is false in a material particular shall be guilty of an offence.”

Section 50.

SCHEDULE 9Schedule to be inserted in the 1976 Act after Schedule 2

“Schedule 2ALottery Managers

Part ICertification

Application and fee

1(1)An application for a person to be certified as a lottery manager shall be made to the Board.

(2)The application shall be in such form and contain such information as the Board may require.

(3)A fee of £2,000 shall be payable to the Board when the application is made.

(4)Any fees received by the Board by virtue of this paragraph shall be paid into the Consolidated Fund.

Grant or refusal of certificate

2(1)Subject to sub-paragraphs (2) and (3) below, on the making of an application and the payment of a fee in accordance with paragraph 1 above, the Board shall grant a certificate to the applicant certifying him as a lottery manager.

(2)The Board shall refuse to grant the certificate if, after giving the applicant an opportunity of being heard, they are not satisfied that he is a fit and proper person to manage a lottery.

(3)The Board may refuse to grant the certificate if, after giving the applicant an opportunity of being heard, it appears to them that—

(a)any person who would be likely to manage the business or any part of the business of managing lotteries under the certificate is not a fit and proper person to do so,

(b)any person for whose benefit that business would be likely to be carried on is not a fit and proper person to benefit from it, or

(c)any information given by the applicant to the Board in or in connection with the application is false in a material particular.

(4)Where the Board refuse to grant a certificate, they shall notify the applicant in writing of the refusal and the ground for it.

Conditions

3A certificate may include such conditions as the Board consider appropriate for protecting the interests—

(a)of any societies or local authorities whose lotteries the certificate holder may manage, or

(b)of the persons who participate in any lottery that the certificate holder may manage.

4(1)The Board may, after giving the certificate holder an opportunity of being heard, vary any condition in a certificate.

(2)The Board’s power to vary a condition in a certificate under this paragraph includes power to add a condition to the certificate or omit a condition from it (and references in this paragraph to the variation of a condition are to be read accordingly).

(3)Where the Board vary a condition under this paragraph they shall serve a notice on the certificate holder, by post, informing him—

(a)of the variation, and

(b)of the effect of sub-paragraph (4) below.

(4)The variation shall take effect at the end of the period of twenty-one days beginning with the date of service of the notice.

Duration of certificate

5A certificate shall have effect until it is revoked by the Board.

Revocation of certificate

6The Board may revoke a certificate if the certificate holder consents.

7(1)The Board shall revoke a certificate if, after giving the certificate holder an opportunity of being heard, they are satisfied that he is no longer, or never was, a fit and proper person to manage a lottery.

(2)The Board may revoke a certificate if, after giving the certificate holder an opportunity of being heard, it appears to them that—

(a)any person who is managing the business or any part of the business of managing lotteries under the certificate is not a fit and proper person to do so,

(b)any person for whose benefit the business of managing lotteries under the certificate is carried on is not a fit and proper person to benefit from it,

(c)any information given by the certificate holder to the Board in or in connection with the application for the certificate was false in a material particular, or

(d)the certificate holder has failed to comply with a condition in the certificate or with a requirement imposed on him by or under this Act.

(3)Where the Board revoke a certificate under this paragraph they shall serve a notice on the certificate holder, by post, informing him—

(a)of the revocation,

(b)of the ground for the revocation, and

(c)of the effect of sub-paragraph (4) below.

(4)The revocation shall take effect at the end of the period of twenty-one days beginning with the date of service of the notice.

Part IIInformation

8(1)A certificate holder shall preserve all documents of his, including all information kept by him otherwise than in writing, relating to the management of a society’s lottery or a local lottery until the end of the period of two years beginning with the date of the lottery.

(2)The Board may direct that, subject to such conditions as may be specified in the direction, sub-paragraph (1) above shall not apply to documents or information specified, or of a description specified, in the direction.

(3)A direction under sub-paragraph (2) above shall be given in writing and may be varied or revoked by a subsequent direction.

9The Board may require a certificate holder—

(a)to provide the Board with such information relating to the management of a society’s lottery or a local lottery as they may require;

(b)to allow the Board to inspect and take copies of any documents of the certificate holder, including any information kept by him otherwise than in writing, relating to the management of such a lottery;

(c)where such information is kept by means of a computer, to give the Board such assistance as they may require to enable them to inspect and take copies of the information in a visible and legible form and to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the information;

(d)to allow the Board to inspect any aspect of the management of such a lottery.

10Where a certificate holder is a company to which section 241 of the [1985 c. 6.] Companies Act 1985 (directors' duty to lay and deliver accounts) applies, the company shall, immediately after copies of its accounts for a financial year have been laid before it under that section, send a copy of its profit and loss account for that year and the related auditors' report to the Board.

11(1)A certificate holder to whom paragraph 10 above does not apply shall, in respect of each year in which he holds a certificate, send to the Board a profit and loss account of his business of managing lotteries under the certificate together with a report on the account prepared by a qualifying auditor.

(2)The account shall be sent to the Board within ten months of the end of the year to which it relates.

(3)An account under this paragraph shall comply with any directions given by the Board as to the information to be contained in such an account, the manner in which such information is to be presented or the methods and principles according to which such an account is to be prepared.

(4)Any directions under sub-paragraph (3) above shall be given in writing and may be varied or revoked by subsequent directions.

(5)In sub-paragraph (1) above “qualifying auditor” means a person who—

(a)is eligible for appointment as a company auditor under section 25 of the [1989 c. 40.] Companies Act 1989, and

(b)is not disqualified by sub-paragraph (6) below.

(6)The following persons are disqualified—

(a)the certificate holder;

(b)where the certificate holder is an unincorporated body of persons, any of those persons;

(c)a partner, officer or employee of the certificate holder or a person disqualified by paragraph (b) above;

(d)a partner or employee of a person disqualified by paragraph (c) above;

(e)a partnership of which any person disqualified by paragraph (a), (b) or (c) above is a member.

(7)The auditor’s report on an account under this paragraph shall state whether in the auditor’s opinion the account has been properly prepared in accordance with any directions given under sub-paragraph (3) above.

(8)The auditor shall, in preparing his report, carry out such investigations as will enable him to form an opinion as to—

(a)whether proper accounting records have been kept by the certificate holder, and

(b)whether the certificate holder’s account is in agreement with the accounting records.

(9)If the auditor fails to obtain all the information and explanations that, to the best of his knowledge and belief, are necessary for the purposes of his audit, his report shall state that fact.

(10)In this paragraph “year” means a period of twelve months beginning with 1st January.

12(1)A person who, in pursuance of a requirement imposed on him by or under paragraph 9, 10 or 11 above, knowingly or recklessly gives to the Board any information which is false in a material particular shall be guilty of an offence.

(2)A person who knowingly or recklessly includes in a report under paragraph 11 above any information which is false in a material particular shall be guilty of an offence.”

Section 64.

SCHEDULE 10Repeals