National Lottery etc. Act 1993

19 Restriction of enactments relating to the rehabilitation of offenders. U.K.

(1) Neither section 4(1) of the M1 Rehabilitation of Offenders Act 1974 nor Article 5(1) of the M2 Rehabilitation of Offenders (Northern Ireland) Order 1978 (exclusion of evidence and questions relating to an individual’s previous convictions) shall apply in relation to any proceedings—

(a) before the Director General in respect of the grant or revocation of a licence, or

(b) by way of appeal to the Secretary of State against the revocation of a licence by the Director General.

(2) A conviction shall not be regarded as spent for the purposes of section 4(2) of that Act or Article 5(2) of that Order (restrictions in respect of such questions put otherwise than in proceedings) if the question is put by the Director General and the following conditions are satisfied.

(3) The question must be put for the purpose of determining whether to grant or revoke a licence.

(4) The question must relate to an individual—

(a) who manages the business or any part of the business carried on under the licence (or who is likely to do so if the licence is granted), or

(b) for whose benefit that business is carried on (or is likely to be carried on if the licence is granted).

(5) When the question is asked, the person questioned must be informed that by virtue of this section all the individual’s previous convictions are to be disclosed.

Marginal Citations

M1 1974 c. 53.

M2 S.I. 1978/1908 (N.I. 27).