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Cap. 438 · cap/438 (Cap. 438)

Cap. 438 чл. 36Permit for person to sell games forming part of the National Lottery licence.

PART VI - THE NATIONAL LOTTERY LICENCE

В силаОфициален текст

(1) No person may sell games forming part of the National

Lottery licence unless such person is in possession of a valid permit issued by the Authority.

(2) Application for such permit shall be made to the Authority by the proposed seller in such form and manner, and shall contain or be accompanied with such information, documents and particulars, including evidence of the authority or appointment of the applicant given or made by the National Lottery licensee to sell games forming part of the National Lottery licence, as the any other requirement and has any other qualifications as may be prescribed by regulations.

(4) In granting any such permit the Authority may subject the permit to such conditions as the Authority may deem appropriate, and after the grant of such permit the Authority may from time to time vary or revoke any condition so imposed or impose new conditions:

Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in any such permit, the Authority shall, unless such variation or imposition of a new condition has been requested by the permit holder himself, by notice in writing inform the permit holder and the National Lottery licensee of its intention to vary the said condition or to impose the said new condition, calling upon the said permit holder and licensee to show cause, within such period being not less than seven days after the issue of the notice as may be specified in the same notice, why such condition should not be varied or such new condition should not be imposed, and the Authority shall consider any response made by the permit holder and the licensee within the period specified in the notice, before varying the condition or before imposing the new condition.

(5) Without prejudice to the provisions of sub-article (6), any such permit shall cease to have effect upon the revocation or termination of the authority or appointment of the permit holder given or made by the National Lottery licensee to sell games forming part of the National Lottery licence or in the event that a National Lottery licence ceases to have effect for any reason whatsoever and the holder of any new National Lottery licence issued in terms of this Part does not authorise or appoint the permit holder to sell games forming part of the National Lottery licence.

(6) The Authority may order the cancellation or the suspension of such permit -

(i) if the permit holder contravenes any provision of this Act or any regulations made thereunder applicable to it, or is in breach of any condition in the permit;

(ii) if the Authority is reasonably satisfied that the permit holder is not or has ceased to be a fit and proper person to sell games forming part of the National Lottery;

(iii) in any other circumstance prescribed by regulations made under this Act.

(7) (a) Where a ground for cancellation or suspension of the permit arises under subarticle (6), the Authority, by notice in writing, shall request the permit holder and the National Lottery licensee, and may request any other person who in its opinion has an interest in the ground as stated in the notice.

(b) The Authority shall consider any response made by the permit holder, the National Lottery licensee or any other person as aforesaid within the period specified in the notice, and -

(i) where the matter is resolved to its satisfaction, it shall take no further action and shall inform the permit holder in writing accordingly;

(ii) where, although the matter is not resolved to its satisfaction, it considers that no further action is warranted, it shall caution the permit holder in writing; or

(iii) where the matter is not resolved to its satisfaction, and it considers that further action is warranted, it may -

(1) by notice in writing, give such direction to the permit holder as it considers appropriate; or

(2) suspend for such period as it thinks fit, or cancel, the permit.

(c) Where a direction given by the Authority under paragraph (b)(iii)(1) is not complied with within the time limit specified in the notice, the Authority shall cancel the permit.

(8) A permit referred to in subarticle (1) shall be considered null and void if the holder of such permit assigns or transfers the permit to any other person.

(9) Any person who sells games forming part of the National Lottery licence in contravention of subarticle (1) shall be guilty of an offence under this Act.