3(1)The Board shall register a scheme submitted to them under this Schedule [F1,and notify the local authority in writing that they have done so,] unless—E+W+S
[F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(b)the scheme is contrary to law; or
(c)except where the Secretary of State otherwise directs, the Board is not satisfied either—
(i)that all lotteries promoted by or on behalf of the [F3local authority]within the last five years have been properly conducted; or
(ii)that all fees payable [F4by the local authority] under this Act have been paid; or
[F5(iii) that all the requirements of the Board under paragraph 6 below have been complied with; or]
(d)except where the Secretary of State otherwise directs, it appears to the Board that an unsuitable person will be [F6a person conncted with] a lottery under the scheme [F7 ; or
(e)except where the Secretary of State otherwise directs, it appears to the Board that the local authority—
(i)have given to the Board in or in connection with the authority’s application for registration of the scheme any information which was false in a material particular; or
(ii)have failed to comply with a requirement imposed on them under paragraph 6C below; or
(f)except where the Secretary of State otherwise directs, it appears to the Board that an act or omission of a person who will be a person connected with a lottery under the scheme was a cause—
(i)of the registration of another scheme being refused or revoked on a ground specified in paragraph (e) above or paragraph 4(2)(c) below;
(ii)of the registration of a society being refused or revoked on the ground specified in paragraph 3(2)(b) or (f) of Schedule 1A above or under paragraph 3(5) of that Schedule; or
(iii)of a relevant lottery, in the promotion of which that person was involved, not being properly conducted.]
[F8(1A)In considering whether sub-paragraph (1)(f) above applies, the Board shall disregard any act or omission that occurred more than five years previously.
(1B)Where a scheme submitted to the Board under this Schedule is not registered by them, the Board shall notify the local authority concerned in writing of that fact and the reason for it]
(2)In this paragraph and in paragraph 4 below “unsuitable person” means a person who has been convicted of—
(a)an offence under section 2 or 13 above;
(b)an offence under paragraph 14 of Schedule 1 above [F9 , paragraph 14 of Schedule 1A above, paragraph 8 or 9 below, paragraph 12 of Schedule 2A below] or paragraph 12 of Schedule 7 to the M1Betting, Gaming and Lotteries Act 1963;
(c)an offence under section 42 or 45 of that Act; or
(d)an offence involving fraud or dishonesty;
[F10(3)For the purposes of this paragraph and paragraph 4 below—
(a)a person connected with a lottery is a person who is or has been—
(i)involved in the promotion of the lottery; or
(ii)employed for reward in connection with the promotion of any other lottery under the same scheme; and
(b)“relevant lottery”, in relation to a scheme and a person, means a lottery promoted—
(i)under another scheme that at the time of the person’s involvement with the promotion of the lottery was registered with the Board; or
(ii)on behalf of a society that at the time of the person’s involvement with the promotion of the lottery was registered with the Board.]
Textual Amendments
F1Words in Sch. 2 para. 3(1) inserted (3.5.1994) by 1993 c. 39, s. 49(4), Sch. 8 para. 2(1)(a); S.I. 1994/1055, art. 2
F2Sch. 2 para. 3(1)(a) repealed (3.5.1994) by 1993 c. 39, ss. 49(4), 64, Sch. 8 para. 2(1)(b), Sch.10
F3Words in Sch. 2 para. 3(1)(c)(i) substituted (3.5.1994) by 1993 c. 39, s. 49(4), Sch. 8 para. 2(1)(c)
F4Words in Sch. 2 para. 3(1)(c)(ii) inserted (3.5.1994) by 1993 c. 39, s. 49(4), Sch. 8 para. 2(1)(d); S.I. 1994/1055, art. 2
F5Sch. 2 para. 3(1)(c)(iii) repealed (3.5.1994) by 1993 c. 39, ss. 49(4), 64, Sch. 8 para. 2(1)(e), Sch.10
F6Words in Sch. 2 para. 3(1)(d) substituted (3.5.1994) by 1993 c. 39, s. 49(4), Sch. 8 para. 2(1)(f); S.I. 1994/1055, art. 2
F7Words in Sch. 2 para. 3(1) inserted (3.5.1994) by 1993 c. 39, s. 49(4), Sch. 8 para. 2(1)(g); S.I. 1994/1055, art. 2
F8Sch. 2 para. 3(1A)(1B) inserted (3.5.1994) by 1993 c. 39, s. 49(4), Sch. 8 para. 2(2)
F9Words in Sch. 2 para. 3(2) inserted (3.5.1994) by 1993 c. 39, s. 49(4), Sch. 8 para. 2(3); S.I. 1994/1055, art. 2
F10Sch. 2 para. 3(3) inserted (3.5.1994) by 1993 c. 39, s. 49(4), Sch. 8 para. 2(4); S.I. 1994/1055, art. 2
Marginal Citations