Lotteries and Amusements Act 1976 (repealed)

Section 9.

SCHEDULE 2 E+W+S Registration of Schemes

1 E+W+S A local authority shall submit to the Board any scheme approved by the authority under section 6(2)(b) above.

2 A society shall submit to the Board any scheme approved by the society under section 5(3)(c) above if the total value of tickets or chances to be sold in any lottery promoted in accordance with that scheme exceeds [F1 £10,000].

Textual Amendments

F1 “£10,000” substituted (E.W.) by S.I. 1981/110, art. 2, Sch. and (S.) by S.I. 1981/595, art. 2, Sch.

3 (1) The Board shall register a scheme submitted to them under this Schedule unless—

(a) in the case of a scheme submitted by a society, that society is not registered under Schedule 1 above; or

(b) the scheme is contrary to law; or

(c) except where the Secretary of State otherwise directs, the Board is not satisfied either—

(i) that all lotteries promoted by or on behalf of the applicant within the last five years have been properly conducted; or

(ii) that all fees payable under this Act have been paid; or

(iii) that all the requirements of the Board under paragraph 6 below have been complied with; or

(d) except where the Secretary of State otherwise directs, it appears to the Board that an unsuitable person will be employed for reward in connection with the promotion of a lottery under the scheme.

(2) In this paragraph and in paragraph 4 below “unsuitable person” means a person who has been convicted of—

(a) an offence under section 2 or 13 above;

(b) an offence under paragraph 14 of Schedule 1 above or paragraph 12 of Schedule 7 to the M1 Betting, Gaming and Lotteries Act 1963;

(c) an offence under section 42 or 45 of that Act; or

(d) an offence involving fraud or dishonesty.

Marginal Citations

M1 1963 c. 2.

4 (1) The Board shall have power to revoke the registration of any scheme on any of the grounds (a), (b), (c) or (d) specified in paragraph 3(1) above.

(2) The Board shall also have power to revoke the registration of any scheme where it appears to them that an unsuitable person has been employed for reward in connection with the promotion of any lottery under that scheme.

(3) The revocation of the registration of any scheme under this paragraph 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.

Yn ddilys o 03/05/1994

[F2 4A E+W+S Where 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.]

Textual Amendments

F2 Sch. 2 paras. 4A, 4B inserted (3.5.1994) by 1993 c. 39, s. 49(4), Sch. 8 para.4

Yn ddilys o 03/05/1994

[F3 4B E+W+S The Board shall cancel the registration of a scheme if the local authority request them to do so.]

Textual Amendments

F3 Sch. 2 paras. 4A, 4B inserted (3.5.1994) by 1993 c. 39, s. 49(4), Sch. 8 para.4

5 (1) The Secretary of State may direct the Board to restore any registration which, in pursuance of paragraph 4 above, the Board have revoked on any of the grounds specified in paragraph 3(1)(c) or (d) above or paragraph 4(2) above, and the Board shall give effect to any such direction.

(2) 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.

Yn ddilys o 03/05/1994

[F4 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. E+W+S

(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.]

Textual Amendments

F4 Sch. 2 para. 5A inserted (3.5.1994) by 1993 c. 39, s. 49(4), Sch. 8 para. 6

6 The Board shall have power to require the provision of accounts in relation to any lottery promoted under a scheme registered by them, and any other information which they may require in respect of any lottery promoted or to be promoted under a scheme registered by them or submitted to them for registration.

Yn ddilys o 03/05/1994

F5 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. E+W+S

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

Textual Amendments

F5 Sch. 2 paras. 6, 6A, 6B, 6C, 6D substituted (3.5.1994) for para. 6 by 1993 c. 39, s. 49(4), Sch. 8 para.7; S.I. 1994/1055, art. 2

Yn ddilys o 03/05/1994

F6 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. E+W+S

(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.

Textual Amendments

F6 Sch. 2 paras. 6, 6A, 6B, 6C, 6D substituted (3.5.1994) for para. 6 by 1993 c. 39, s. 49(4), Sch. 8 para.7; S.I. 1994/1055, art. 2

Yn ddilys o 03/05/1994

F7 6C E+W+S The 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.

Textual Amendments

F7 Sch. 2 paras. 6, 6A, 6B, 6C, 6D substituted (3.5.1994) for para. 6 by 1993 c. 39, s. 49(4), Sch. 8 para. 7; S.I. 1994/1055, art. 2

Yn ddilys o 03/05/1994

F8 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. E+W+S

(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 M2 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.

Textual Amendments

F8 Sch. 2 para. 6, 6A, 6B, 6C, 6D substituted (3.5.1994) for para. 6 by 1993 c. 39, s. 49(4), Sch. 8 para. 7; S.I. 1994/1055, art. 2

Marginal Citations

M2 1989 c. 40.

7 (1) The following fees shall be payable to the Board—

(a) a prescribed fee on an application for the registration of a scheme; and

(b) where more than one lottery is to be promoted under a scheme registered by the Board, a further prescribed fee for each lottery promoted under that scheme.

(2) Any such fees received by the Board shall be paid into the Consolidated Fund.

8 Any person who, in pursuance of a requirement under paragraph 6 above, knowingly or recklessly gives to the Board any information which is false in a material particular shall be guilty of an offence.

Yn ddilys o 03/05/1994

[F9 9 E+W+S A 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.]

Textual Amendments

F9 Sch. 2 para. 9 added (3.5.1994) by 1993 c. 39, s. 49(4), Sch. 8 para.10; S.I. 1994/1055, art. 2