National Lottery Act 1993
National Lottery etc Act 1993
What this means for your business
- Enforced by
- IPO, Gambling Commission
- Applies to
- United Kingdom
- On this page
- 6 compliance obligations, 2 practical guides
What you must do
6 compliance obligations under this legislation — 2 can result in imprisonment.
Management duties 1
Comply with licence conditions and allow Director General inspections
If your business holds a National Lottery licence (or a licence to promote lotteries), you must keep the licence in writing, stick to the 15‑year maximum period and follow any conditions the Director General adds. This includes getting prior consent for specified actions, supplying requested information, letting officials inspect your records (including computer data), and helping with any hand‑over when the licence ends.
Other requirements 1
Allow the Comptroller and Auditor General access to your documents
If your organisation holds a Section 5 licence under the National Lottery Act, you must let the Comptroller and Auditor General view any documents they reasonably request and answer any questions they ask. You also have to make sure any staff asked to provide information complies with the request. Failure to cooperate can be sued by the C&AG.
Payments and fees 1
Pay the annual National Lottery licence fee
If your business holds a National Lottery licence you must pay the annual licence fee on time. Failure to do so will lead the Commission to revoke your licence, which means you can no longer operate under that licence.
Offences and prohibitions 2
Make false claim that a lottery is part of the National Lottery
2 years imprisonmentIf you advertise or offer a lottery, competition or similar game and say it is linked to the National Lottery when it is not, you commit an offence. On summary conviction you face an unlimited fine; on indictment you could be sentenced to up to two years in prison, an unlimited fine, or both.
Promote a National Lottery lottery in breach of regulations
2 years imprisonmentIf you promote a National Lottery game and break any rule set out in the regulations made under section 12, you commit a criminal offence. This applies to the promoter itself, any director, manager or officer who consented, connived or was negligent, and any other party involved. On conviction you face an unlimited fine and up to two years’ imprisonment, either in the Magistrates’ Court or Crown Court.
Reporting and filing 1
Submit annual report to the Secretary of State (or Scottish Ministers)
If your organisation receives National Lottery money or distributes it, you must send a report each year as soon as possible after the financial year ends. The report must detail what you did under the Act, any directions you were given, and your policy on using lottery proceeds for projects that wouldn’t get other public funding.
Penalties for non-compliance
2 penalties under this legislation. 2 can result in imprisonment. 2 carry an unlimited fine.
Make false claim that a lottery is part of the National Lottery
Unlimited fine and/or 2 years imprisonment
Promote a National Lottery lottery in breach of regulations
Unlimited fine and/or 2 years imprisonment
Practical guidance
Our guides explain how to comply with the requirements above.
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Sections and provisions
105 classified provisions from this legislation.
Duties 9
- s.4 Overriding duties of the Secretary of State and Director General.
- s.7 Licences under sections 5 and 6: further provisions.
- s.10 Revocation of licences.
- s.11 Directions to the Director General.
- s.15 Power of the Secretary of State to require information.
- s.31 Payments from Distribution Fund in respect of expenses.
- s.33 Accounts of the Secretary of State and National Debt Commissioners.
- s.34 Annual reports by distributing bodies ....
- Schedule 2A The Gambling Commission Commission
Offences and penalties 4
Powers 24
- s.4B Disclosure of information
- s.5 Licensing of a person to run the National Lottery.
- s.6 Licensing of persons to promote lotteries.
- s.10A Financial penalties for breach of conditions in licences.
- s.10B Appeals against financial penalties.
- s.10C Annual levy
- s.12 Regulations as to the promotion of lotteries.
- s.24 Payments from Distribution Fund to distributing bodies.
- s.25D Strategic plans for distributing bodies in or as regards Scotland
- s.25E Distribution of funds: publicity
- s.25B Joint schemes for distribution of money by distributing bodies.
- s.25 Application of money by distributing bodies.
- s.25C Strategic plans for distributing bodies.
- s.26A Directions to distributing bodies in or as regards Scotland
- s.27 Power to prohibit distribution in certain cases.
- s.28 Power to amend section 22.
- s.29 Power to amend section 23.
- s.29A Reallocation of funds
- s.36D Power to give advice
- s.36B Power to distribute funds
- ... and 4 more powers
Definitions 8
- s.1 The National Lottery. the National Lottery
- s.20 Interpretation of Part I.
- s.22 Apportionment of money in Distribution Fund.
- s.25A Delegation by distributing bodies of their powers of distribution.
- s.36C Non-lottery funds
- s.44 Interpretation of Part II.
- s.45 Interpretation of Part III.
- s.55 Interpretation of the 1976 Act.
Exemptions 8
- Schedule 2 Tenure of office
- s.7A Annual fee
- s.8 Variation of conditions in licences.
- s.19 Restriction of enactments relating to the rehabilitation of offenders.
- s.26 Directions to distributing bodies.
- s.35 Accounts of distributing bodies other than the Big Lottery Fund.
- s.36E Directions
- s.60 Orders and regulations.