The Lotteries (Gaming Board Fees) Order 2002

Statutory Instruments

2002 No. 639

BETTING, GAMING AND LOTTERIES

The Lotteries (Gaming Board Fees) Order 2002

Made

7th March 2002

Laid before Parliament

11th March 2002

Coming into force

1st April 2002

The Secretary of State, in exercise of the powers conferred on her by sections 18(1)(e), 18(1)(eee), 18(2) and 24(2) of the Lotteries and Amusements Act 1976(1), and by paragraphs 6(1)(a) of Schedule 1A(2) and 7(1)(b) of Schedule 2 to that Act, hereby makes the following Order:

1.—(1) This Order may be cited as the Lotteries (Gaming Board Fees) Order 2002 and shall come into force on 1st April 2002.

(2) This Order extends to England and Wales and Scotland.

2.  In this Order—

“the Act” means the Lotteries and Amusements Act 1976; and

“the Board” means the Gaming Board for Great Britain.

3.  The fee payable to the Board on an application for the registration of a society under paragraph 2 of Schedule 1A to the Act shall be £4,600.

4.  The fee payable to the Board on an application for the registration of a scheme by a local authority under paragraph 7(1)(a) of Schedule 2 to the Act(3) shall be £4,600.

5.  The fee payable to the Board under—

(a) paragraph 6(1)(a) of Schedule 1A to the Act (which provides for the payment of a fee by a society at intervals during its registration); and

(b) paragraph 7(1)(b) of Schedule 2 to the Act (which provides for the payment of a fee by a local authority at intervals during the registration of the authority’s scheme),

shall be a fee of £180 payable first on the third anniversary of—

(i) in the case of a society, the date on which it was registered with the Board under Schedule 1A to the Act; and

(ii) in the case of a local authority, the date on which a scheme approved by the authority was registered with the Board under Schedule 2 to the Act (whether the scheme was registered before or after the commencement of section 49 of the National Lottery etc. Act 1993);

and subsequently at intervals of three years thereafter.

6.—(1) The fee payable to the Board under paragraph 6(1)(b) of Schedule 1A to the Act or, as the case may be, paragraph 7(1)(c) of Schedule 2 to the Act, shall be—

(a) for each lottery promoted by a society or under a local authority scheme registered with the Board where—

(i) the total value of tickets or chances sold in the lottery exceeds £2,000 but does not exceed £20,000, and

(ii) the lottery is not an exempt lottery,

a fee of £100;

(b) for each lottery so promoted where the total value of tickets or chances sold in the lottery exceeds £20,000 but does not exceed £50,000, a fee of £100;

(c) for each lottery so promoted where the total value of tickets or chances sold in the lottery exceeds £50,000 but does not exceed £200,000, a fee of £290;

(d) for each lottery so promoted where the total value of tickets or chances sold in the lottery exceeds £200,000, a fee of £435.

(2) Where—

(a) a society promotes any lottery to which paragraph (1)(a)(i) above applies, and

(b) on the date on which a fee would be payable to the Board in respect of that lottery the society has already paid fees in respect of seven relevant lotteries in the calendar year in which that date falls (a “relevant lottery” for this purpose being a lottery falling within paragraph (1)(a) above),

no fee shall be payable in respect of that lottery; and any such lottery shall be an exempt lottery for the purposes of paragraph (1)(a)(ii) above.

(3) Where a lottery is promoted by a society or under a local authority scheme registered with the Board in which the total value of tickets or chances sold is £2,000 or less, no fee shall be payable in respect of that lottery.

7.  The fee is payable to the Board under—

(a) paragraph 10 of Schedule 1A to the Act (which provides for the payment of a fee by a member of the public to inspect a return made in respect of a society’s lottery); and

(b) paragraph 6A of Schedule 2 to the Act(4) (which provides for the payment of a fee by a member of the public to inspect a return made in respect of a local lottery),

shall be £10.

8.  The fee payable under paragraph 1(3) of Schedule 2A to the Act(5) (fee payable to the Board on an application for certification as a lottery manager) shall be £14,220.

9.  The Lotteries (Gaming Board Fees) Order 2001(6) is hereby revoked.

Richard Caborn

Minister of State

Department for Culture, Media and Sport

7th March 2002

Explanatory Note

(This note is not part of the Order)

This Order makes provision as to the fees payable to the Gaming Board for Great Britain by societies under Schedule 1A to the Lotteries and Amusements Act 1976 and by local authorities under Schedule 2 to that Act. The level at which such fees were set previously by the Lotteries (Gaming Board Fees) Order 2001 (S.I. 2001/728) (“the 2001 Order”), revoked by this Order, is indicated in brackets after each relevant figure below.

A society or local authority wishing to promote a lottery is required to pay a fee of £4,600 (previously £3,840) to register itself or a scheme with the Board.

A fee of £180 (previously £142) is payable every 3 years in respect of continued registration with the Board.

The following sliding scale of fees applies for each society’s lottery promoted on behalf of a society while it is registered with the Gaming Board and for each lottery promoted under a local authority scheme registered with the Board.

Turnover (total value of tickets or chances sold)	Fees
Exceeds £2,000 but does not exceed £10,000	£100 (previously £82)
Exceeds £10,000 but does not exceed £20,000	£100 (previously £86)
Exceeds £20,000 but does not exceed £50,000	£100 (previously £86)
Exceeds £50,000 but does not exceed £200,000	£290 (previously £263)
Exceeds £200,000	£435 (previously £404)

As in the 2001 Order, no fee is payable in respect of the eighth and any subsequent lottery promoted by a society in a calendar year provided that the turnover of the lottery in question does not exceed £20,000. A fee exemption applies to lotteries with a turnover of £2,000 or less.

The fee payable by members of the public inspecting returns made in respect of societies and local authorities is £10 (previously £5) and the fee payable under the Act on an application for certification as a lottery manager is £14,220 (previously £5,470).

A full Regulatory Impact Assessment of the costs and benefits of this Order is available from the Gaming and Lotteries Branch, Department for Culture, Media and Sport, 2-4 Cockspur Street, London SW1Y 5DH. Telephone [phone].

(1)

1976 c. 32; section 18 was amended by the National Lottery etc. Act 1993 (c. 39), section 54(4) to (6).

(2)

Schedule 1A was inserted by the National Lottery etc. Act 1993, section 48 and Schedule 7.

(3)

Paragraph 7(1) of Schedule 2 was substituted by Schedule 8 to the National Lottery etc. Act 1993.

(4)

Paragraph 6A of Schedule 2 was inserted by paragraph 7 of Schedule 8 to the National Lottery etc. Act 1993.

(5)

Schedule 2A was inserted by Schedule 9 to the National Lottery etc. Act 1993.

(6)

S.I. 2001/728.