(1)A person commits an offence if he promotes a lottery unless—
(a)the exception in subsection (2) or (3) applies, or
(b)the lottery is an exempt lottery.
(2)This section does not apply to activity by a person if—
(a)he holds an operating licence authorising the activity, and
(b)he acts in accordance with the terms and conditions of the licence.
(3)This section does not apply to activity by a person if—
(a)he acts, otherwise than as an external lottery manager, on behalf of a person who holds an operating licence authorising the activity, and
(b)the activity is carried on in accordance with the terms and conditions of the licence.
(4)It is a defence for a person charged with an offence under this section to show that he reasonably believed that—
(a)he was not committing the offence by reason of subsection (1)(b), (2) or (3),
(b)that the arrangement to which the charge relates was not a lottery, or
(c)that the arrangement to which the charge relates was a lottery forming part of the National Lottery.
(5)In this Act “exempt lottery” means a lottery which is exempt by virtue of a provision of Schedule 11.
Modifications etc. (not altering text)
C1S. 258 excluded (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 68(3)-(5)
C2S. 258 excluded (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 70(3)-(5)
Commencement Information
I1S. 258(1)-(4) in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)
I2S. 258(5) in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)
I3S. 258(5) in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)