Gambling Act 2005

Gambling Act 2005

2005 CHAPTER 19

Territorial Extent

Territorial limits – vessels and aircraft

Schedule 3: Amendment of the National Lottery etc. Act 1993 (c.39)

Part 2: the Gambling Commission

Section 24: Codes of practice

100. This section requires the Commission, as part of its regulatory functions, to publish codes of practice about the manner in which facilities for gambling are provided. These may be directed at the holders of operating or personal licences, or any other person involved in providing facilities for gambling. In particular, the Commission is required to publish a social responsibility code, which should describe the arrangements which a person providing facilities for gambling is to make for:

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

• protecting children and other vulnerable persons from harm or exploitation, and

• making help available to those who are, or may be, affected by problems related to gambling.

101. The Commission is required to publish its codes of practice, and all revisions, in a way that will ensure that those to whom they are addressed are made aware of them. A code, and any revision thereto, must state clearly when it is to come into effect. The Commission has the ability to revoke codes at any time.

102. Under Part 5, an operating licence is subject to the condition that the licensee complies with any relevant provision of a social responsibility code. Furthermore, it is open to the Commission to attach general or individual conditions to a licence requiring compliance with a provision of any other code (as further provided under Part 5). The same applies in relation to the Secretary of State’s power to attach conditions to an operating licence.

103. A failure to comply with a code will not, of itself, render a person liable to prosecution or civil action. However, the codes can be used as evidence for criminal or civil proceedings; are to be taken into account by a court or tribunal in any case where it appears relevant; and are to be taken into account by the Commission in exercising any of its functions. For example, where a licence holder has his operating licence reviewed by the Commission for potential breach of a licence condition, under the powers provided in Part 5, the Commission will refer to a code of practice, where it is relevant.

104. Before issuing a code of practice, subsection (10) requires the Commission to consult:

• The Secretary of State;

• People with knowledge of social problems that may be associated with gambling;

• Commissioners of Customs and Excise;

• People who appear to the Commission to represent gambling businesses, which are likely to be affected by the code or revision; and

• Where a provision in a code is about the advertising of facilities for gambling, people who appear to the Commission to have a relevant responsibility for regulating the advertising industry.

105. Subsection (11) requires the Commission to consult the following people as well, but only to the extent that it thinks it appropriate depending on the context and subject matter of the code:

• Representatives of local authorities (including, in Scotland, licensing boards);

• Representatives of Chief Constables of police forces;

• Representatives of gambling businesses other than mandatory consultees under subsection (10) (such as, those persons who are unlikely to be directly affected by the code); and

• The public (in such a manner as the Commission thinks fit).

106. The references to consultation of local authorities in sections 23 and 24 are to be read in the wider context, and includes parts of a local authority other than that responsible for licensing matters. This is to ensure that relevant parts of local government (in England, Scotland, and Wales) are consulted, where appropriate, in respect of the Commission’s policy statement and codes of practice.