Gambling Act 2005

Valid from 01/09/2007

The exemptionE+W+S

9(1)A lottery is exempt if—E+W+S

(a)it is a private society lottery, a work lottery or a residents' lottery within the meaning of paragraphs 10 to 12, and

(b)the other conditions specified in this Part are satisfied.

(2)In this Part a reference to a private lottery is a reference to a private society lottery, a work lottery or a residents' lottery.

Valid from 01/09/2007

Purpose of lotteryE+W+S

13(1)A private society lottery may be promoted for any of the purposes for which the society is conducted.E+W+S

(2)A work lottery or residents' lottery must be organised in such a way as to ensure that no profits are made.

Valid from 01/09/2007

AdvertisingE+W+S

14(1)No advertisement for a private society lottery may be—E+W+S

(a)displayed or distributed except on the society premises, or

(b)sent to any other premises.

(2)No advertisement for a work lottery may be—

(a)displayed or distributed except on the work premises, or

(b)sent to any other premises.

(3)No advertisement for a residents' lottery may be—

(a)displayed or distributed except on the residential premises, or

(b)sent to any other premises.

Valid from 01/09/2007

Lottery ticketsE+W+S

15E+W+SEach ticket in a private lottery must be a document (without prejudice to section 253).

16(1)A ticket in a private lottery may be sold or supplied only by or on behalf of the promoters.E+W+S

(2)The rights conferred by the sale or supply of a ticket in a private lottery shall not be transferable (and any purported transfer shall be treated by the promoters of the lottery as being ineffective).

17E+W+SEach ticket in a private lottery—

(a)must state the name and an address of each of the promoters of the lottery,

(b)must specify the class of persons to whom the promoters are willing to sell or supply tickets, and

(c)must explain the condition in paragraph 16(2).

Valid from 01/09/2007

PriceE+W+S

18E+W+SThe price payable for each ticket in a private lottery—

(a)must be the same,

(b)must be shown on the ticket, and

(c)must be paid to the promoters of the lottery before any person is given the ticket or any right in respect of membership of the class among whom prizes are to be allocated.

Valid from 01/09/2007

No rolloverE+W+S

19E+W+SThe arrangements for a private lottery must not include a rollover.

Valid from 01/09/2007

No profitsE+W+S

21E+W+SA customer lottery must be organised in such a way as to ensure that no profits are made.

Valid from 01/09/2007

AdvertisingE+W+S

22E+W+SNo advertisement for a customer lottery may be—

(a)displayed or distributed except on the business premises, or

(b)sent to any other premises.

Valid from 01/09/2007

Lottery ticketsE+W+S

23E+W+SEach ticket in a customer lottery must be a document (without prejudice to section 253).

24(1)A ticket in a customer lottery may be sold or supplied only by or on behalf of the promoter.E+W+S

(2)The rights conferred by the sale or supply of a ticket in a customer lottery shall not be transferable (and any purported transfer shall be treated by the promoter of the lottery as being ineffective).

25E+W+SEach ticket in a customer lottery—

(a)must state the name and an address of the promoter of the lottery,

(b)must specify the class of persons to whom the promoter is willing to sell or supply tickets, and

(c)must explain the condition in paragraph 24(2).

Valid from 01/09/2007

PriceE+W+S

26E+W+SThe price payable for each ticket in a customer lottery—

(a)must be the same,

(b)must be shown on the ticket, and

(c)must be paid to the promoter of the lottery before any person is given the ticket or any right in respect of membership of the class among whom prizes are to be allocated.

Valid from 01/09/2007

Maximum prizeE+W+S

27E+W+SIt must not be possible for the purchaser of a ticket in a customer lottery to win by virtue of that ticket more than £50 (whether in money, money's worth, or partly the one and partly the other).

Valid from 01/09/2007

No rolloverE+W+S

28E+W+SThe arrangements for a customer lottery must not include a rollover.

Valid from 01/09/2007

FrequencyE+W+S

29E+W+SA draw in a customer lottery must not take place during a period of seven days beginning with a previous draw in—

(a)that customer lottery, or

(b)another customer lottery promoted on the business premises.

Valid from 01/09/2007

Purpose of lotteryE+W+S

32E+W+SA small society lottery may be promoted for any of the purposes for which the promoting society is conducted.

Valid from 01/09/2007

Minimum distribution for fund-raising purposeE+W+S

33E+W+SThe arrangements for a small society lottery must ensure that at least 20% of the proceeds of the lottery are applied to a purpose for which the society is conducted.

Valid from 01/09/2007

Maximum prizeE+W+S

34E+W+SIt must not be possible for the purchaser of a ticket in a small society lottery to win by virtue of that ticket (whether in money, money's worth, or partly the one and partly the other) more than £25,000.

Valid from 01/09/2007

RolloverE+W+S

35(1)The arrangements for a small society lottery may include a rollover only if each other lottery which may be affected by the rollover is a small society lottery promoted by or on behalf of the same society.E+W+S

(2)This paragraph is subject to paragraph 34.

Valid from 01/09/2007

TicketsE+W+S

36(1)Where a person purchases a lottery ticket in a small society lottery he must receive a document which—E+W+S

(a)identifies the promoting society,

(b)states the price of the ticket,

(c)states the name and an address of—

(i)a member of the society who is designated, by persons acting on behalf of the society, as having responsibility within the society for the promotion of the lottery, or

(ii)if there is one, the external lottery manager, and

(d)either—

(i)states the date of the draw (or each draw) in the lottery, or

(ii)enables the date of the draw (or each draw) in the lottery to be determined.

(2)For the purpose of sub-paragraph (1) a reference to a person receiving a document includes, in particular, a reference to a message being sent or displayed to him electronically in a manner which enables him to—

(a)retain the message electronically, or

(b)print it.

Valid from 01/09/2007

PriceE+W+S

37(1)The price payable for each ticket in a small society lottery—E+W+S

(a)must be the same, and

(b)must be paid to the promoter of the lottery before any person is given the ticket or any right in respect of membership of the class among whom prizes are to be allocated.

(2)Membership of the class among whom prizes in a small society lottery are allocated may not be dependent on making any payment (apart from payment of the price of a ticket).

Valid from 01/09/2007

RegistrationE+W+S

38E+W+SThe promoting society of a small society lottery must, throughout the period during which the lottery is promoted, be registered with a local authority in accordance with Part 5 of this Schedule.

Valid from 01/09/2007

Filing of recordsE+W+S

39(1)The promoting society of a small society lottery must send to the local authority with which the society is registered under Part 5 of this Schedule a statement of the matters specified in sub-paragraph (2).E+W+S

(2)Those matters are—

(a)the arrangements for the lottery (including the dates on which tickets were available for sale or supply, the dates of any draw and the arrangements for prizes (including any rollover),

(b)the proceeds of the lottery,

(c)the amounts deducted by the promoters of the lottery in respect of the provision of prizes (including the provision of prizes in accordance with any rollover),

(d)the amounts deducted by the promoters of the lottery in respect of other costs incurred in organising the lottery,

(e)any amount applied to a purpose for which the promoting society is conducted, and

(f)whether any expenses in connection with the lottery were defrayed otherwise than by deduction from proceeds, and, if they were—

(i)the amount of the expenses, and

(ii)the sources from which they were defrayed.

(3)The statement must be sent to the local authority during the period of three months beginning with the day on which the draw (or the last draw) in the lottery takes place.

(4)The statement must be—

(a)signed by two members of the society who are appointed for the purpose in writing by the society or, if it has one, its governing body, and

(b)accompanied by a copy of the appointment under paragraph (a).

(5)A member signing a statement in accordance with sub-paragraph (4) must be an adult.

40(1)If after receiving a statement under paragraph 39 a local authority think that the lottery to which the statement relates was a large lottery, they shall notify the Commission in writing.E+W+S

(2)A notice under sub-paragraph (1) shall be accompanied by a copy of—

(a)the statement relating to the lottery, and

(b)the statement relating to any other lottery as a result of which the lottery mentioned in paragraph (a) is a large lottery.

Valid from 01/09/2007

Part 5 E+W+SRegistration With Local Authority

Local authorityE+W+S

41E+W+SIn this Part “local authority” means—

(a)in relation to England—

(i)a district council,

(ii)a county council for a county in which there are no district councils,

(iii)a London borough council,

(iv)the Common Council of the City of London, and

(v)the Council of the Isles of Scilly,

(b)in relation to Wales,

(i)a county council, and

(ii)a county borough council, and

(c)in relation to Scotland, a licensing board constituted under section 1 of the Licensing (Scotland) Act 1976 (c. 66).

ApplicationE+W+S

42(1)A society may apply to the relevant local authority for registration under this Part.E+W+S

(2)An application under this paragraph—

(a)must be in the prescribed form,

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

(c)must contain such other information, and be accompanied by such documents, as may be prescribed, and

(d)must be accompanied by the prescribed fee.

43E+W+SIn relation to the registration of a society, the relevant local authority is the local authority for the area in which the principal premises of the society are situated.

RegistrationE+W+S

44E+W+SAs soon as is reasonably practicable after receipt of an application under paragraph 42 a local authority shall, subject to paragraphs 47 and 48—

(a)enter the applicant, together with such information as may be prescribed, in a register kept by the authority for the purposes of this Part,

(b)notify the applicant of his registration, and

(c)notify the Commission of the registration.

Gambling CommissionE+W+S

45E+W+SAs soon as is reasonably practicable after receipt of notice of a registration under paragraph 44(c) the Commission shall record the registration.

46(1)A notice under paragraph 44(c) must be accompanied by such part of the application fee as may be prescribed.E+W+S

(2)In sub-paragraph (1) “application fee” means the fee accompanying an application under paragraph 42.

Refusal of registrationE+W+S

47E+W+SA local authority shall refuse an application for registration if in the period of five years ending with the date of the application—

(a)an operating licence held by the applicant for registration has been revoked under section 119(1), or

(b)an application for an operating licence made by the applicant for registration has been refused.

48E+W+SA local authority may refuse an application for registration if they think that—

(a)the applicant is not a non-commercial society,

(b)a person who will or may be connected with the promotion of the lottery has been convicted of a relevant offence, or

(c)information provided in or with the application for registration is false or misleading.

49E+W+SA local authority may not refuse an application for registration unless they have given the applicant an opportunity to make representations.

RevocationE+W+S

50(1)A local authority may revoke a registration under this Part if they think that they would be obliged or permitted to refuse an application for the registration were it being made anew.E+W+S

(2)Where a local authority revoke a registration under this Part they shall specify that the revocation takes effect—

(a)immediately, or

(b)at the end of such period, beginning with the day of the revocation and not exceeding two months, as they may specify.

(3)A local authority may not revoke a registration under this Part unless they have given the registered society an opportunity to make representations.

AppealE+W+S

51(1)If a local authority refuse or revoke registration under this Part—E+W+S

(a)the authority shall notify the applicant society or the formerly registered society as soon as is reasonably practicable, and

(b)the society may appeal to a magistrates' court.

(2)An appeal under this paragraph must be instituted—

(a)in a magistrates' court for a local justice area which is wholly or partly within the area of the local authority against whose decision the appeal is brought,

(b)by notice of appeal given to the designated officer, and

(c)in the period of 21 days beginning with the day on which the society is notified of the refusal or revocation of registration, and

(3)On an appeal under this paragraph a magistrates' court may—

(a)affirm the local authority's decision;

(b)reverse the local authority's decision;

(c)make any other order (which may include transitional provision).

(4)In relation to registration in Scotland—

(a)sub-paragraph (1)(b) shall have effect as if the reference to a magistrate's court were a reference to a sheriff whose sheriffdom is wholly or partly within the area of the local authority against whose decision the appeal is brought,

(b)sub-paragraph (2)(a) and (b) shall not have effect, and

(c)sub-paragraph (3) shall have effect as if the reference to a magistrate's court were a reference to the sheriff.

CancellationE+W+S

52E+W+SA registered society may apply in writing to the registering authority for the registration to be cancelled.

53E+W+SAs soon as is reasonably practicable after receipt of an application under paragraph 52 a local authority shall—

(a)cancel the registration,

(b)notify the formerly registered society of the cancellation, and

(c)notify the Commission of the cancellation.

Annual feeE+W+S

54(1)A registered society shall pay an annual fee to the registering local authority.E+W+S

(2)An annual fee—

(a)shall be paid within such period before each anniversary of the registration as may be prescribed, and

(b)shall be of the prescribed amount.

(3)If a registered society fails to comply with this paragraph the registering authority may cancel the society's registration.

(4)If a local authority cancel a registration under sub-paragraph (3) the authority shall as soon as is reasonably practicable notify—

(a)the formerly registered society, and

(b)the Commission.

Retention of recordsE+W+S

55(1)Where a statement is sent to a local authority under paragraph 39 the authority shall—E+W+S

(a)retain it for at least 18 months,

(b)make it available for inspection by members of the public at all reasonable times, and

(c)make arrangements for the provision of a copy of it or part of it to any member of the public on request.

(2)But a local authority may refuse to provide access or a copy unless the person seeking access or a copy pays a fee specified by the authority.

(3)A local authority may not specify a fee under sub-paragraph (2) which exceeds the reasonable cost of providing the service sought (but in calculating the cost of providing a service to a person the authority may include a reasonable share of expenditure which is referable only indirectly to the provision of that service).

Interpretation: “prescribed”E+W+S

56E+W+SIn this Part “prescribed” means prescribed by the Secretary of State by regulations except that, in the following provisions, it means prescribed by the Scottish Ministers by regulations—

(a)in paragraph 42(2)(d), where the application is made to a local authority in Scotland,

(b)in paragraph 46(1), where the local authority giving notice is in Scotland, and

(c)in paragraph 54(2)(b), where the registering local authority is in Scotland.

Valid from 01/09/2007

Part 6 E+W+SPowers to Impose Additional Restrictions, &c.

Distributing lottery tickets by postE+W+S

57(1)The Secretary of State may by regulations impose a condition in relation to exempt lotteries requiring that tickets purchased be delivered to the purchaser by hand at the time of purchase and not by post.E+W+S

(2)Regulations under this paragraph may apply generally, only in relation to a specified class of lottery or only in specified circumstances.

RolloverE+W+S

58(1)The Secretary of State may by regulations impose in relation to exempt lotteries conditions or limitations in respect of the use of a rollover (in addition to any conditions or limitations set out in this Schedule).E+W+S

(2)Regulations under this paragraph may apply generally, only in relation to a specified class of lottery or only in specified circumstances.

Other additional provisionE+W+S

59(1)The Secretary of State may by order impose in relation to a class of lottery a condition (in addition to any specified in this Schedule) with which a lottery must comply if it is to be an exempt lottery within the meaning of this Schedule.E+W+S

(2)A condition imposed under this paragraph may, in particular, relate to—

(a)the persons who may sell or supply lottery tickets;

(b)the persons who may buy lottery tickets;

(c)the circumstances in which lottery tickets are sold or supplied;

(d)the nature of lottery tickets and information appearing on them;

(e)arrangements for advertising the lottery;

(f)the deductions which promoters may make from the proceeds of a lottery.

(3)The Secretary of State may by order restrict the extent to which a person may carry on activities in reliance on an exemption under this Schedule.

(4)An order under sub-paragraph (3) may, in particular, make provision—

(a)restricting the number of lotteries that may be promoted on behalf of a person wholly or partly within a specified period;

(b)prescribing a minimum interval between activity in connection with one lottery promoted on behalf of a person and activity in connection with another lottery promoted on behalf of that person.

(5)Before making an order under this paragraph the Secretary of State must consult the Commission.

Variation of monetary limits and percentagesE+W+S

60E+W+SThe Secretary of State may by order vary a monetary amount or a percentage in this Schedule.

Valid from 01/09/2007

Part 7 E+W+SGeneral

Interpretation: advertisementE+W+S

61E+W+SFor the purposes of this Schedule—

(a)“advertisement”, in relation to a lottery, includes any document, or electronic communication, announcing that a lottery will take place or inviting people to participate in a lottery (in either case whether or not it also gives other information),

(b)a reference to displaying an advertisement includes a reference to publishing a notice, and

(c)in the case of an advertisement in the form of an electronic communication, the communication is to be treated as being—

(i)distributed to any place at which a person can access it, and

(ii)sent to any premises at which a person can access it.

Interpretation: businessE+W+S

62E+W+SIn this Schedule “business” includes trade and profession.

VesselsE+W+S

63E+W+SNothing in Part 2 or 3 of this Schedule applies to anything done on a vessel.