An order made by virtue of F6subsection (1) above may make different provision for different cases or circumstances and an order made by virtue of paragraph (e) of that subsection may, instead of specifying the amount of any fee, authorise the Board to determine the amount subject to such limit, or in accordance with such provisions, as may be prescribed by the order.

The court by or before which a person is convicted of any offence under this Act may order anything produced to the court and shown to the satisfaction of the court to relate to the offence to be forfeited and either destroyed or dealt with in such other manner as the court may order.

Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

In subsection (1) above, except as it applies for the purposes of section 13 above, “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

For the purposes of this Act proceeds of any entertainment, lottery or gaming promoted on behalf of a society to which this subsection extends which are applied for any purpose calculated to benefit the society as a whole shall not be held to be applied for purposes of private gain by reason only that their application for that purpose results in benefit to any person as an individual.

In this Act, except where the context otherwise requires—

• “the Board” means the Gaming Board for Great Britain;

• “contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

• “date”, in relation to a lottery, means the date on which the winners in that lottery are ascertained;

• “distribute”, in relation to documents or other matters, includes distribution to persons or places within or outside Great Britain, and “distribution” shall be construed accordingly;

• F8“employee” and “employment” have the meanings given by section 153(1) of the M8Employment Protection (Consolidation) Act 1978

• “exempt entertainment” has the meaning assigned to it by section 3(1) above;

• “gaming” has the same meaning as in the M9Gaming Act 1968;

• “local authority” means—

  1. a

     in England, a county council, . . . F9, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly and a parish council;

  2. b

     in Wales, a county council, a district council and a community council; and

  3. c

     in Scotland, a regional council, an islands council and a district council;

• “local lottery” has the meaning assigned to it by section 6(1) above;

• “money” includes a cheque, banknote, a postal order or money order;

• “newspaper” includes any journal, magazine or other periodical publication;

• “premises” includes any place;

• “printing” includes writing and other modes of reproducing words in a visible form;

• “private lottery” has the meaning assigned to it by section 4(1) above;

• F10“registration authority” has the meaning given by paragraph 1 of Schedule 1 below

• “society” includes any club, institution, organisation or association of persons, by whatever name called, and any separate branch or section of such a club, institution, organisation or association;

• “society’s lottery” has the meaning assigned to it by section 5(1) above;

• “ticket”, in relation to any lottery, includes any document evidencing the claim of a person to participate in the chances of the lottery.

In this Act, unless the context otherwise requires, a reference to the promotion of a society’s lottery or a local lottery includes a reference to the conduct of that lottery, and “promote” shall be construed accordingly.

Any power to make an order or regulations under this Act shall be exercisable by statutory instrument subject, except in the case of an order under section 25(7) below, to annulment in pursuance of a resolution of either House of Parliament.

Any power conferred by this Act to make an order includes power to vary or revoke the order by a subsequent order.

This Act may be cited as the Lotteries and Amusements Act 1976.

The amendments specified in Schedule 4 to this Act shall have effect.

The enactments specified in Schedule 5 to this Act are repealed to theextent specified in column 3 of that Schedule.

In so far as any instrument made or any other thing whatsoever done under any enactment repealed by this Act could have been made or done under a corresponding enactment in this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made or done under that corresponding enactment; and for the purposes of this provision anything which under section 57(3) of the M1Betting, Gaming and Lotteries Act 1963 had effect as if done under any enactment in that Act shall, so far as may be necessary for the continuity of the law, be treated as done under the corresponding enactment in this Act.

Any enactment or other document referring to an enactment repealed by this Act or by the M2Betting, Gaming and Lotteries Act 1963 shall, so far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to the corresponding enactment in this Act.

Nothing in this Act shall affect the operation of the M3Art Unions Act 1846, and a lottery promoted and conducted in accordance with that Act shall not be unlawful.

Where any provision contained in any local Act passed before the M4Betting and Gaming Act 1960 appears to the Secretary of State to have been superseded by, or to be inconsistent with, section 15 or 16 above, the Secretary of State may by order, a draft of which shall be laid before Parliament, specify that provision for the purposes of this subsection; and, without prejudice to the operation of any rule of law relating to the effect on any such provision of the relevant enactment in the said Act of 1960, any provision so specified is hereby repealed as from the date of the making of the order.

Section 254(2)(c) of the M5Local Government Act 1972 (power of Secretary of State to amend, etc., enactments by order) shall apply to this Act as if it had been passed before 1st April 1974.

This Act does not extend to Northern Ireland.