The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985

Registration of societies N.I.

136.—(1) An application for the registration of a society shall be made to the district council for the district in which the office or head office of the society is situated and a copy of the application shall be served upon the sub-divisional commander of the police sub-division in which the office or head office of the society is situated.

(2) An application under paragraph (1) shall—

(a) specify the purposes for which the society is established and conducted; and

(b) contain such other information with respect to those purposes as the district council may reasonably require; and

[F1 (bb) specify the address of the office or head office of the society; and]

(c) have attached to it a copy of its lottery scheme.

(3) Subject to paragraphs (4) and (5), where an application is made for the registration of a society, the district council, after hearing representations, if any, from the sub-divisional commander upon whom notice is required by paragraph (1) to be served, and on payment of a fee of[F2 £35], may register the society in a register kept by the district council for that purpose.

(4) A district council shall refuse to register a society, unless it is satisfied—

(a) that the society satisfies the conditions specified in the definition of “society's lottery” in Article 2(2) in relation to the purposes of the society; and

(b) that the lottery scheme is not contrary to law.

(5) A district council may refuse to register a society, if it is satisfied—

(a) that any person connected with a lottery promoted or proposed to be promoted on behalf of the society has been convicted of—

(i) an offence under Article 132 or 139(1) or (2); or

(ii) an offence under section 25 of the [1957 c. 19 (N.I.)] Betting and Lotteries Act (Northern Ireland) 1957; or

(iii) any offence involving fraud or dishonesty; or

[F1 (aa) that the address of the office or head office of the society is the same as that of the office or head office of another registered society that is established for the same or a connected purpose; or]

(b) that any lottery promoted by or on behalf of the society within the last 5 years has not been properly conducted.

(6) Where a district council registers a society under paragraph (3) it shall notify the society in writing.

(7) Where a registered society applies to the district council for the cancellation of the registration, the district council shall cancel the registration.

(8) Every registered society shall pay to the district council on 1st January in each year a fee of[F2 £17.50].

(9) A district council shall revoke the registration of a society if it is satisfied that the society has ceased to satisfy the conditions specified in the definition of “society's lottery” in Article 2(2) in relation to the purposes of the society.

(10) A district council may revoke the registration of a society if it is satisfied—

(a) that any person connected with a lottery promoted or proposed to be promoted on behalf of the society has been convicted of an offence mentioned in paragraph (5)(a)(i) to (iii); or

[F1 (aa) that the address of the office or head office of the society is the same as that of the office or head office of another registered society that is established for the same or a connected purpose; or]

(b) that the lottery scheme is contrary to law; or

(c) that any lottery promoted by or on behalf of the society within the last 5 years has not been properly conducted; or

(d) that the fee mentioned in paragraph (8) has not been paid; or

(e) that an officer of the council has been refused reasonable facilities to inspect the records of the society or the promotion of any lottery.

[F1 (10A) A registered society shall notify the district council of any change in the address of the society's office or head office within 21 days from the day on which the change takes effect.]

(11) Where a registered society changes, whether by way of substitution of a new lottery scheme or otherwise, the lottery scheme submitted to the district council under paragraph (2)(c), the society shall notify the change to the district council before any tickets or chances are sold in any lottery conducted under the new or revised lottery scheme.

(12) A district council shall serve a copy of—

(a) any notice served on it under paragraph[F1 (10A) or (11)],

(b) any notice served by it under Article 119, as applied by paragraph (13),

on the sub-divisional commander for the police sub-division in which the office or head office of the society to which the notice relates is situated.

(13) Article 119 shall apply to the refusal, or revocation, of registration under paragraphs (4), (5), (9) and (10) as it applies to the refusal to grant an amusement permit.

(14) Where a district council revokes the registration of a society under paragraph (9) or (10) and the society appeals, the registration shall continue until the appeal is determined or abandoned.

(15) The Department may, by order subject to affirmative resolution, substitute for the fees specified in paragraphs (3) and (8) such other fees as may be specified in the order.

F1 1994 NI 8

F2 SR 1995/343