Statutory Instruments
2016 No. 124
Betting, Gaming And Lotteries
The Legislative Reform (Exempt Lotteries) Order 2016
Made
3rd February 2016
Coming into force
6th April 2016
The Secretary of State for Culture, Media and Sport makes the following Order, in exercise of the powers conferred by section 1 of the Legislative and Regulatory Reform Act 2006( 1 ).
The Secretary of State considers that the conditions in section 3(2) of that Act are satisfied.
The Secretary of State has consulted in accordance with section 13(1) of that Act, and has laid a draft Order and an explanatory document before Parliament in accordance with section 14.
Pursuant to section 15 of that Act, the affirmative resolution procedure (within the meaning of section 17 of that Act) applies in relation to the making of this Order.
In accordance with section 17(2) of that Act, the draft has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision( 2 ).
Citation, commencement and extent
1. —(1) This Order may be cited as the Legislative Reform (Exempt Lotteries) Order 2016 and comes into force on 6th April 2016.
(2) An amendment or repeal made by article 2, 3 or 4 has the same extent as the provision to which it relates.
Amendments to Part 1 of Schedule 11 to the Gambling Act 2005
2. In the Gambling Act 2005( 3 ), in Schedule 11 (exempt lotteries), in Part 1 (incidental non-commercial lotteries)—
(a) in the heading to that Part, omit “non-commercial”;
(b) in paragraph 1(1)(a), for “a non-commercial event within the meaning of paragraph 2” substitute “an event”;
(c) in paragraph 1(2), omit “non-commercial”;
(d) omit paragraph 2;
(e) in each of paragraphs 3 to 7(1), omit “non-commercial”;
(f) omit paragraph 7(2).
Amendments to Part 2 of Schedule 11 to the Gambling Act 2005
3. In the Gambling Act 2005, in Schedule 11 (exempt lotteries), in Part 2 (private lotteries)—
(a) in paragraph 13(1), after “conducted” insert “or for any other purpose other than that of private gain”;
(b) in paragraph 13(2), the words “organised in such a way as to ensure that no profits are made” become paragraph (a);
(c) after paragraph 13(2)(a), insert—
“ , or
(b) promoted wholly for a purpose other than that of private gain. ” ;
(d) omit paragraphs 17 and 18(b), but not the “and” at the end of paragraph 18(b).
Consequential and incidental amendments
4. —(1) In the Gambling Act 2005—
(a) in section 56(1)(a) (invitation to participate in lottery), omit “non-commercial”;
(b) in section 261(1) (misusing profits of exempt lottery)—
(i) in paragraph (a), omit “non-commercial”;
(ii) omit “and” at the end of paragraph (b);
(iii) after paragraph (b), insert—
“ (ba) a work lottery and a residents’ lottery (within the meaning of Part 2 of that Schedule) except where the lottery has been organised in such a way as to ensure that no profits are made, and ” ;
(c) in section 263 (penalty), after subsection (2), insert—
“ (3) In the application of subsection (1) to England and Wales in relation to an offence committed under section 261(2) by virtue of section 261(1)(ba) before section 281(5) of the Criminal Justice Act 2003 ( 4 ) comes into force, the reference in subsection (1)(a) to 51 weeks is to be read as a reference to 6 months. ” .
(2) In the Licensing Act 2003( 5 ), in section 175 (exemption for incidental non-commercial lottery), omit “non-commercial”—
(a) in the heading; and
(b) in subsection (2).
John Whittingdale
Secretary of State
Department of Culture, Media and Sport
3rd February 2016
2006 c.51 ; see also, in relation to article 4(1)(c), section 6(4).
The expression “40-day period” is defined in section 16(7)(b) of the Legislative and Regulatory Reform Act 2006.
2003 c.17 ; section 175 was substituted by paragraph 20(2) of Schedule 16 to the Gambling Act 2005.