The Legislative Reform (Exempt Lotteries) Order 2016

• Citation: S.I. 2016/124
• Sections: 4

Section 1 Citation, commencement and extent

(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.

Section 2 Amendments to Part 1 of Schedule 11 to the Gambling Act 2005

In the Gambling Act 2005 , 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).

Section 3 Amendments to Part 2 of Schedule 11 to the Gambling Act 2005

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).

Section 4 Consequential and incidental amendments

(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 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 , in section 175 (exemption for incidental non-commercial lottery), omit “non-commercial”—

(a) in the heading; and

(b) in subsection (2).