The National Lottery (Revocation of Licences) Procedure Regulations 1994

Statutory Instruments

1994 No. 1170

NATIONAL LOTTERY

The National Lottery (Revocation of Licences) Procedure Regulations 1994

Made

25th April 1994

Laid before Parliament

28th April 1994

Coming into force

19th May 1994

The Secretary of State, in exercise of the powers conferred on him by section 60(5) of, and paragraphs 8 and 10 of Schedule 3 to, the National Lottery etc. Act 1993(1) and of all other enabling powers, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992(2), hereby makes the following Regulations:

PART I GENERAL

Citation and commencement

1.  These Regulations may be cited as the National Lottery (Revocation of licences) Procedure Regulations 1994 and shall come into force on 19th May 1994.

Interpretation

2.  In these Regulations—

“the Director General” means the Director General of the National Lottery or any member of his staff who has been authorised by him (whether generally or specially) for the purpose;

“hearing” means a hearing at which oral representations may be heard;

“the licensee” means—

(a)

in Part II of these Regulations the licensee whose licence the Director General proposes to revoke; and

(b)

in Part III of these Regulations the licensee whose licence the Director General has decided to revoke; and

“Schedule 3” means Schedule 3 to the National Lottery etc. Act 1993.

PART II PROCEDURE IN RELATION TO ORAL REPRESENTATIONS TO THE DIRECTOR GENERAL

Application of Part II

3.  This Part of these Regulations applies in a case where the licensee has notified the Director General pursuant to paragraph 6(1)(c) of Schedule 3 of its intention to make oral representations.

Notice of hearing

4.  The Director General shall send a written notice to the licensee of the date, time and place fixed for the holding of the hearing; such notice shall be sent at least seven days before the date so fixed.

Power to require particulars

5.  The Director General may at any time direct the licensee to furnish any particulars which appear to him to be requisite in connection with the hearing within such time as the Director General may allow, being not less than seven days.

Admission to a hearing

6.—(1) Subject to the provisions of this regulation, a hearing shall be held in public.

(2) The Director General may direct that the whole or any part of a hearing be held in private if he is satisfied that by reason of—

(a) the likelihood of disclosure of intimate personal or financial circumstances;

(b) the likelihood of disclosure of commercially sensitive information or information obtained in confidence; or

(c) exceptional circumstances not falling within sub-paragraph (a) or (b) above,

it is just and reasonable for him to do so.

(3) Where the hearing is in private the Director General may admit such persons as he considers appropriate.

(4) Notwithstanding the provisions of paragraph (2) above, a member of the Council on Tribunals or of the Scottish Committee of that Council may be present in his capacity as such even though the hearing or part of the hearing is not in public.

Appearance at hearing

7.  The licensee shall appear at the hearing and may be represented by any person whom it may appoint for the purpose.

Procedure at hearing

8.—(1) Except as otherwise provided in these Regulations, the Director General shall determine the procedure at the hearing.

(2) The licensee shall be entitled to give evidence, call witnesses and address the Director General both on the evidence and generally on the proposal to revoke its licence.

(3) The Director General may from time to time adjourn the hearing.

Revocation of licence

9.  If the licensee has not made any written representations pursuant to paragraph 6(1)(c) of Schedule 3 and having been duly notified of the hearing pursuant to regulation 4 above does not comply with the requirement in regulation 7 above to appear at the hearing the revocation of its licence shall take effect on the seventh day after the day fixed for the hearing specified in the notice referred to in regulation 4 above.

Reasons

10.  The Director General shall, except where regulation 9 above applies, send to the licensee a written statement of reasons (in summary form) for his decision whether or not to revoke the licence.

PART III APPEALS TO THE SECRETARY OF STATE

Application of Part III

11.  This Part of these Regulations applies with respect to an appeal by the licensee to the Secretary of State against the revocation of a licence.

Notice of appeal

12.—(1) An appeal to the Secretary of State shall be made by serving (within the period referred to in paragraph 9(2)(a) of Schedule 3) a notice of appeal on the Secretary of State.

(2) A notice of appeal shall state—

(a) the name and address of the licensee;

(b) the disputed revocation of the licence, the date of the notice referred to in paragraph 9(1)(b) of Schedule 3 and the date when the period mentioned in paragraph 9(2)(a) of Schedule 3 ends;

(c) full particulars of the grounds of appeal; and

(d) whether or not the licensee requires a hearing to be held;

and shall be signed by or on behalf of the licensee.

(3) The Secretary of State shall send a copy of the notice of appeal to the Director General.

Representations by the Director General

13.—(1) The Director General may make written representations to the Secretary of State relating to the appeal within seven days of the date on which the copy of the notice of appeal was sent to him.

(2) The Secretary of State shall send a copy of any written representations made by the Director General pursuant to paragraph (1) above to the licensee.

Power to require particulars

14.  The Secretary of State may at any time direct either the licensee or the Director General to furnish any particulars which appear to him to be requisite for the determination of the appeal within such time as the Secretary of State may allow, being not less than seven days.

Hearings

15.—(1) If the licensee states in the notice of appeal that he does not require a hearing to be held, the Secretary of State may determine an appeal without a hearing.

(2) If the licensee states in his notice of appeal that he does require a hearing to be held, the Secretary of State shall arrange for a hearing to be conducted by—

(a) a person appointed by the Secretary of State; or

(b) an officer of the Secretary of State.

Notice of hearing

16.  The Secretary of State shall send a written notice to the licensee and the Director General of the date, time and place fixed for the holding of the hearing and of the name of the person conducting the hearing; such notice shall be sent at least seven days before the date so fixed.

Admission to hearing

17.—(1) Subject to the provisions of this regulation, a hearing shall be held in public.

(2) The person conducting the hearing may direct that the whole or any part of a hearing be held in private if he is satisfied that by reason of—

(a) the likelihood of disclosure of intimate personal or financial circumstances;

(b) the likelihood of disclosure of commercially sensitive information or information obtained in confidence; or

(c) exceptional circumstances not falling within sub-paragraph (a) or (b) above;

it is just and reasonable for him to do so.

(3) Where the hearing is in private the person conducting the hearing may admit such persons as he considers appropriate.

(4) Notwithstanding the provisions of paragraph (2) above, a member of the Council on Tribunals or of the Scottish Committeee of that Council may be present in his capacity as such even though the hearing or part of the hearing is not in public.

Appearance at hearing

18.  The licensee and the Director General shall be entitled to appear at the hearing. The licensee may be represented by any person whom it may appoint for the purpose and the Director General may do so on his own behalf or be represented by any person whom he may appoint for the purpose.

Procedure at hearing

19.—(1) Except as otherwise provided in these Regulations, the person conducting the hearing shall determine the procedure at the hearing.

(2) The licensee and the Director General shall be entitled to give evidence, to call witnesses, to cross examine witnesses and to address the person conducting the hearing both on the evidence and generally on the subject matter of the appeal.

(3) The person conducting the hearing may from time to time adjourn the hearing.

Default of appearance at hearing

20.  If either party, having been duly notified of the hearing pursuant to regulation 16 above, fails to appear at the hearing the person conducting the hearing may—

(a) adjourn the hearing; or

(b) proceed to hear the other party, and in that event the Secretary of State may determine the appeal without hearing oral representations from the party who has failed to appear at the hearing.

Appointed person’s report

21.  Where the person conducting the hearing is a person appointed by the Secretary of State pursuant to regulation 15(2)(a) above he shall take into account representations made and evidence produced in the course of the hearing and give to the Secretary of State a reasoned report in writing thereon.

Reasons

22.  The Secretary of State shall send to the licensee and the Director General a written statement of his decision on the appeal and of his reasons (in summary form). He shall at the same time send to the licensee and the Director General a copy of any report referred to in regulation 21 above.

PART IV MISCELLANEOUS

Giving of notices

23.—(1) Any notice or other document required or authorised to be sent to the licensee under these Regulations shall be duly sent if it is sent by post in a registered letter or by recorded delivery to, or delivered to, or left for, the secretary or clerk of the licensee at its registered or principal office in the United Kingdom or at the address stated in the notice of appeal.

(2) A notice of appeal required to be served on the Secretary of State shall be duly served if it is sent by post in a registered letter or by recorded delivery to him at or left at 2-4 Cockspur Street, London SW1Y 5DH.

(3) If a notice of appeal is sent by registered post or recorded delivery, it shall be treated as if it had been received on the date on which it is received for despatch by the Post Office.

(4) In this regulation “the licensee” has the same meaning as in Part II of these Regulations or, where appropriate, Part III of these Regulations.

Peter Brooke

Secretary of State for National Heritage

25th April 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the procedure to be followed in connection with the revocation or proposed revocation of licences granted under section 5 or 6 of the National Lottery etc. Act 1993.

Part II of these Regulations (regulations 3 to 10) makes provision for the procedure to be followed where the licensee has notified the Director General of the National Lottery (“the Director General”) (under paragraph 6(1)(c) of Schedule 3 to the National Lottery etc. Act 1993) of his intention to make representations about a proposal by the Director General to revoke a licence.

Part III of these Regulations (regulations 11 to 22) makes provision for the procedure to be followed where a licensee appeals to the Secretary of State against revocation of a licence by the Director General.

Part IV of these Regulations (regulation 23) contains a general provision about the giving of notices etc.

(1)

1993 c. 39.

(2)

1992 c. 53.