The Gambling Act 2005 (Incidental Lotteries) Regulations 2016

Statutory Instruments

2016 No. 239

Betting, Gaming And Lotteries

The Gambling Act 2005 (Incidental Lotteries) Regulations 2016

Made

25th February 2016

Laid before Parliament

29th February 2016

Coming into force

6th April 2016

The Secretary of State makes the following Regulations in exercise of the powers conferred by paragraphs 3 and 4 of Schedule 11 to the Gambling Act 2005(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Gambling Act 2005 (Incidental Lotteries) Regulations 2016 and come into force on 6th April 2016.

(2) In these Regulations—

(a) “the Act” means the Gambling Act 2005;

(b) “incidental lottery” has the same meaning as in Part 1 of Schedule 11 to the Act(2).

Limits for incidental lotteries

2.—(1) This regulation prescribes for the purposes of paragraphs 3 and 4 of Schedule 11 to the Act the maximum sums that the promoters of an incidental lottery may deduct from the proceeds of the lottery.

(2) In respect of the cost of the prizes awarded in the lottery, the promoters may deduct no more than £500.

(3) In respect of costs incurred in organising the lottery, the promoters may deduct no more than £100.

Revocation

3.  The Gambling Act 2005 (Incidental Non-Commercial Lotteries) Regulations 2007(3) are revoked.

John Whittingdale

Secretary of State for Culture, Media and Sport

25th February 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These regulations prescribe, for the purposes of paragraphs 3 and 4 to Schedule 11 of the Gambling Act 2005, the maximum sums that the promoters may deduct from the proceeds of an incidental lottery in respect of the cost of prizes and costs incurred in organising the lottery. They are being made following the amendments in article 2 of the Legislative Reform (Exempt Lotteries) Order 2016 (S.I. 2016/124). Article 2 of that Order amends the exemption for incidental lotteries in Part 1 of Schedule 11 of the Gambling Act 2005, so that it is no longer limited to lotteries that are incidental to a non-commercial event.

The maximum amount that can be deducted by the promoters in respect of the cost of the prizes awarded in an incidental lottery is £500.

The maximum amount that can be deducted by the promoters in respect of the costs incurred in organising an incidental lottery is £100.

A full impact assessment has not been prepared for these Regulations as no significant impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum has been prepared and is available alongside this instrument at www.legislation.gov.uk.

(1)

2005 c.19.

(2)

Part 1 of Schedule 11 was amended by the Legislative Reform (Exempt Lotteries) Order 2016 (S.I. 2016/124), article 2.

(3)

S.I. 2007/2040.