Code of practice

Code of practice180A⁠

1

The Department must issue one or more codes of practice about the manner in which facilities for gambling are provided (whether by the holder of a licence, permit or certificate under this Order or by another person).

2

In particular a code must describe arrangements that should be made by a person providing facilities for gambling to meet an expected duty of care to those using the facilities to include, but not be limited to—

a

ensuring that gambling is conducted in a fair and open way,

b

protecting persons under the age of 18 and other vulnerable persons from being harmed or exploited by gambling, and

c

making assistance available to persons who are or may be affected by problems related to gambling.

3

A code may include provision about how facilities for gambling are advertised or described.

4

A code may be revised or revoked by the Department.

5

A code, and any revision, must state when it comes into force.

6

The Department must publish a code and any revision in a manner which the Department thinks likely to bring it to the attention of those whose activities it concerns.

7

The Department may make different provision under this Article for different cases or circumstances (whether or not by way of separate codes of practice).

8

A failure to comply with a provision of a code does not of itself make a person liable to criminal or civil proceedings.

9

But a code—

a

is admissible in evidence in criminal or civil proceedings,

b

must be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant, and

c

must be taken into account by the Department, a court or a district council in the exercise of a function under the 1985 Order.

10

Before issuing or revising a code under this Article the Department must consult—

a

such organisations as appear to the Department to represent the interests of the gambling industry in Northern Ireland,

b

persons who appear to the Department to have knowledge about social problems relating to gambling,

c

in the case of a code including provision by virtue of paragraph (3), persons who appear to the Department to have a relevant responsibility for regulating the advertising industry,

d

persons who appear to the Department to represent district councils,

e

the Chief Constable, and

f

in such manner as the Department thinks appropriate, members of the public.

11

Serious, significant, continuing or multiple breaches of a code is a ground of revocation or cancellation of a licence, registration or permit under Articles 27, 42, 92, 103 or 121.

12

In this Article “gambling” means betting, gaming or participating in a lottery.