Gambling (Channel
Islands Lottery) (Jersey) Regulations 1975[1]
THE STATES, in pursuance of Article 3 of the Gambling (Jersey)
Law 1964, have made the following Regulations –
Commencement
[see endnotes]
1 Interpretation
(1) In these Regulations,
unless the context otherwise requires –
“agent” means a person appointed by the Minister under Regulation
9 as an agent for the sale of tickets;
“draw” means the drawing by computer or other prescribed
means of the serial numbers of the winning tickets, and of the prizes allocated
thereto, in the Channel Islands Lottery and “drawn” shall be
construed accordingly;[2]
“Guernsey” means the Bailiwick of Guernsey;
“Guernsey Committee” means the States of Guernsey
Gambling Control Committee;[3]
“instant game” means a lottery to which Regulation 2(2)
refers;[4]
“instant lottery” has the same meaning as in the Gambling
(Gaming and Lotteries) (Jersey) Regulations 1965[5];
“Jersey” means the Bailiwick of Jersey;
“prescribe” means prescribe by Order;
“sub-agent” means a person duly appointed as such under Regulation 9(2);[6]
“ticket” means a document evidencing the claim of a person
to participate in the chances of the draw in respect of which it is issued, or
which is issued pursuant to these Regulations in connection with the allocation
of prizes in an instant lottery;[7]
“winning combination” means the combination of numbers,
pictures or other symbols –
(a) on a
ticket; or
(b) on a part
of a ticket,
which will entitle the holder of the ticket or of such part to a
prize;[8]
“winning ticket” means –
(a) in
respect of a ticket or part of a ticket which consists of an entry in a public
lottery, a ticket or part of a ticket the serial number of which corresponds in
manner specified with the serial number of a ticket which has been drawn; or
(b) when
used to refer to a ticket, or a part of a ticket, which consists of an entry in
an instant lottery, means –
(i) a ticket, or
(ii) a
part of a ticket,
which reveals a winning combination.[9]
(2) For the purposes of any
enactment, participation in the Channel Islands Lottery shall not be held to be
gaming.
(3) Any reference in any
enactment to a public lottery within the meaning of the Gambling (Public
Lotteries) (Jersey) Regulations 1966 or, as the case may be, the Gambling
(Public Lotteries) (Jersey) Regulations 1971 shall be construed as a
reference to the Channel Islands Lottery.
2 Promotion
and conduct of Channel Islands Lottery
(1) Subject to the
provisions of these Regulations, the Minister may, from time to time, jointly
with the Guernsey Committee –
(a) promote
and conduct a public lottery, the draws of which may be held in Jersey or
Guernsey; and
(b) promote
an instant lottery as part of such public lottery.[10]
(2) Subject to the
provisions of these Regulations, the Minister may from time to time jointly
with the Guernsey Committee promote and conduct an instant lottery (in these Regulations
called an “instant game”) as an alternative to the lotteries to
which paragraph (1) refers.[11]
(3) The lotteries to which paragraphs (1)
and (2) refer shall be known collectively as the Channel Islands Lottery.[12]
(4) Participation in the
Channel Islands Lottery shall be lawful.
(5) The Minister may, in connection
with the promotion and conduct of the Channel Islands Lottery, do all such
things and give all such directions (insofar as such things are to be done and
such directions are to have effect within Jersey) as the Minister may think
necessary or expedient for ensuring the efficient and proper conduct thereof,
and for promoting the sale of tickets in connection therewith.
3 Constitution
and functions of Public Lotteries Board
(1) There shall be
constituted, in manner provided by this Regulation, a Public Lotteries Board
(hereinafter referred to as the “Board”) for the purposes
of –
(a) advising
and assisting the Minister in all matters concerning the promotion and conduct
in Jersey of the Channel Islands Lottery;
(b) exercising
the functions attributed to it by or under these Regulations.
(2) The Minister, shall
appoint a chairman and not less than 6 other persons to be members of the
Board, all of whom shall be persons of integrity who are ordinarily resident in
Jersey.[13]
(3) Subject to the
provisions of paragraphs (4) and (5), a member of the Board shall hold
office for a period of 5 years beginning with the day on which the member was
appointed, and a person so appointed may in like manner be reappointed.
(4) A member of the Board
shall cease to hold office if –
(a) the
member tenders his or her resignation in writing to the Minister;
(b) the
member becomes bankrupt;
(c) the
member appoints a special attorney without whom the member may not act in
matters real or personal;
(d) under
Part 4 of the Capacity and Self-Determination (Jersey)
Law 2016, a delegate is appointed in relation to the member;
(e) the
member is convicted of any offence involving fraud or dishonesty; or
(f) the
Board by resolution declares that the member has been absent, without due
notice, on 3 or more occasions from a draw at which, in pursuance of paragraph (8),
he or she had been appointed to attend.[14]
(5) If a vacancy occurs in
the office of chairman of the Board, or if the number of the other members
thereof falls below 6, the Minister shall appoint to the vacancy in manner
provided by paragraph (2), and a member so appointed shall, subject to the
provisions of paragraph (4), hold office until the day on which the member
whom he or she replaces would regularly have ceased to be a member of the
Board.[15]
(5A) Article 2 of the States of Jersey (Appointment Procedures)
(Jersey) Law 2018 shall apply to the appointment of the chairman and members of the
Board.[16]
(6) The Minister
shall –
(a) pay
to the members of the Board such remuneration (if any) as may be prescribed;
(b) provide
a secretary, and such accommodation as may be necessary, for the purposes of
the Board;
(c) defray
such expenses of the Board as the Minister may approve.
(7) At a meeting of the
Board –
(a) the
quorum shall be 5;
(b) if,
at the time appointed for the meeting, the chairman is not present, the members
present, being a quorum, shall appoint one of their number to act as chairman
and the person so appointed shall, in any case where the votes of the members
are equally divided, have a second or casting vote.
(8) The Board shall, in the
case of a draw taking place in Jersey –
(a) arrange
for not less than 2 of its members to be present at each draw;
(b) appoint
one of the members so present (hereinafter referred to as the “presiding
officer”) to preside at each draw,
and shall notify the Minister of the arrangements so made and of the
persons so appointed.
4 Financial
provisions
(1) For the purposes of the
participation by the States in the Channel Islands Lottery there shall be
established a fund to be called the Channel Islands Lottery (Jersey) Fund
(hereinafter referred to as ‘the Fund’), to be administered by the
Treasurer of the States.[17]
(2) There shall be paid
into the Fund all monies –
(a) accruing
from the sale of Channel Islands Lottery tickets in Jersey;
(b) paid
by the Guernsey Committee as its contribution towards the cost of prizes and
expenses jointly incurred with the Minister in promoting and conducting the
Channel Islands Lottery or otherwise arising in connection with it; and
(c) otherwise
accruing from or in connection with the promotion and conduct of the Channel
Islands Lottery.[18]
(3) There shall be paid out
of the Fund –
(a) all
prizes claimed in Jersey;
(b) monies
paid by the Minister as his or her contribution towards the expenses jointly
incurred with the Guernsey Committee in promoting and conducting the Channel
Islands Lottery or otherwise arising in connection with he or she;
(c) the
cost of prizes claimed in Guernsey; and
(d) all
other expenses of the Minister in relation to the promotion and conduct of the
Channel Islands Lottery.[19]
(4) On the coming into
force of this Regulation all sums standing to the credit of the Public
Lotteries Fund established under Regulation 4(2) of the Gambling (Public
Lotteries) (Jersey) Regulations 1971 shall vest in and become assets of
the Fund, and any liabilities which, but for these Regulations, would have been
payable out of the Public Lotteries Fund shall be payable out of the Fund.
(5) The Minister may set
aside reserves and may utilize such reserves in connection with the exercise of
his or her functions under these Regulations in such manner as he or she thinks
fit, but any monies standing to the credit of the Fund which have not been set
aside by the Minister shall be applied in such manner and for such purposes of
public benefit as the States shall from time to time by Act direct.
(6) The Minister shall, not
later than 15th March in each year, submit to the States a report on, and an
income and expenditure account in respect of his or her participation in, draws
conducted during the calendar year next preceding that date.
5 Number
and price of tickets, prizes and place of draw
In connection with each draw, the Minister shall, jointly with the
Guernsey Committee, determine the number of tickets to be issued and shall so
determine, and specify by notice published in the Jersey Gazette and in such
other manner as he or she thinks fit –
(a) the price at which each
ticket to be issued in connection with the draw shall be sold;
(b) where a ticket is
divisible into parts –
(i) where
each part bears an identical serial number, the price at which each such part
shall be sold, or
(ii) where
one part consists of an entry in an instant lottery, the price at which each
ticket shall be sold;
(c) the prizes to be
awarded and the manner in which the prizes are to be allocated;
(d) the time and place
appointed for the draw to take place;
(e) such other matters as
the Minister may think necessary or expedient. [20]
6 [21]
In connection with each instant game, the Minister shall jointly
with the Guernsey Committee determine the number of tickets to be issued and
shall so determine, and specify by notice published in the Jersey Gazette and
in such other manner as he or she thinks fit –
(a) the price at which each
ticket to be issued in connection with the instant game shall be sold;
(b) the prizes to be
awarded;
(c) the period (if any)
during which the tickets are to be sold; and
(d) such other matters as
the Minister may think necessary or expedient.
7 Tickets
(1) Subject to the
provisions of paragraph (2), the tickets to be issued for sale in connection
with a draw shall be of such design and colour, and shall be printed on such
paper bearing such watermark, as the Minister and the Guernsey Committee may
from time to time jointly determine.
(2) Any determination under
paragraph (1) shall not operate so as to permit the issue in respect of a
particular draw of tickets differing as to colour, design, paper or watermark
from other tickets issued in respect of that draw.
(3) Tickets may be in such
form as to be divisible into parts and –
(a) where
each part bears an identical serial number, any such part may be sold
separately at a price which bears the same proportion to the price of the whole
ticket as the part bears thereto; or
(b) where
one part bears a serial number to be entered in a draw and the other part
consists of entry in an instant lottery, the ticket shall only be sold whole
for the price determined under Regulation 5(b)(ii).[22]
(4) Subject to paragraph (5),
every ticket, and, where the ticket is divisible into parts, each bearing an
identical serial number, every part of a ticket shall contain the following
particulars, that is to say –
(a) the
time, and place appointed for, and the number of the draw in respect of which
the ticket is issued;
(b) the
serial number of the ticket;
(c) the
price at which the ticket or as the case may be, the part of the ticket is to
be sold;
(d) such
other particulars, if any, as the Minister and the Guernsey Committee may
jointly determine,
and every part of a ticket shall contain an indication of the
proportion which the part bears to the whole ticket. [23]
(5) Every ticket where one part
bears a serial number to be entered in a draw and the other part consists of an
entry in an instant lottery, shall contain the following particulars, that is
to say –
(a) in
respect of the first part, those particulars which are set out in paragraph (4)(a),
(b) and (d);
(b) in
respect of the second part –
(i) a combination of
numbers, pictures or other symbols that are concealed when the ticket is sold
but which are capable of being revealed and which in some cases will consist of
a winning combination,
(ii) an
indication of which combination of numbers, pictures or other symbols will
consist of a winning combination and the prizes to be awarded in each case if
such winning combination is revealed, and
(iii) such
other particulars, if any, as the Minister and the Guernsey Committee may
jointly determine; and
(c) the
price at which the ticket is to be sold.[24]
(6) Notwithstanding the
foregoing provisions of this Regulation, the Minister may cause every ticket,
and, where a ticket is divisible into parts, every part of every ticket, issued
to agents for sale in Jersey in respect of a particular draw to be marked in such
manner as the Minister may from time to time prescribe.
8 [25]
(1) Subject to the
provisions of paragraph (2), the tickets to be issued for sale in connection
with an instant game shall be of such design and colour, and shall be printed
on such paper bearing such watermark, as the Minister and the Guernsey Committee
may from time to time jointly determine.
(2) Any determination under
paragraph (1) shall not operate so as to prevent the issue in respect of a
particular instant game of tickets differing as to colour, design, paper or
watermark from other tickets issued in respect of that instant game.
(3) Every ticket shall
contain the following particulars, that is to say –
(a) a
combination of numbers, pictures or other symbols which are concealed when the
ticket is sold but which are capable of being revealed and which in some cases
will consist of a winning combination;
(b) an
indication of which combination of numbers, pictures or other symbols will
consist of a winning combination and the prizes to be awarded in each case if
such winning combination is revealed;
(c) the
price at which the ticket is to be sold; and
(d) such
other particulars, if any, as the Minister and the Guernsey Committee may
jointly determine.
9 Agents
for the sale of tickets
(1) The Minister, in
accordance with the provisions of this Regulation, may appoint persons,
aged 20 years or over, to act as agents for the sale of tickets on such
terms and conditions as the Minister may determine.
(2) An agent, for the
purpose of selling tickets allotted to him or her, may appoint persons,
aged 20 years or over, as sub-agents, and may terminate the appointment of
any sub-agent.
(3) If an agent contravenes
any provision of these Regulations or the terms and conditions (if any) of his
or her appointment as agent, the Minister, without prejudice to any proceedings
in respect of the contravention, may forthwith revoke the appointment of that
agent.
10 Draws
in Jersey
(1) Subject to the
provisions of this Regulation the Minister –
(a) shall
prescribe the means by which, and the manner in which, draws shall be
conducted;
(b) may
prescribe all such other matters as, in his or her opinion, are necessary or
expedient for securing the proper conduct of draws.
(2) The Minister shall
cause to be provided at each draw, for the use of the presiding officer, a copy
of these Regulations and of any Order for the time being in force made under paragraph (1).
(3) Subject to the
limitations of the accommodation available and to paragraph (6)(d),
members of the public shall be admitted to witness every draw.
(4) Every draw shall be
conducted in the presence of the presiding officer and not less than one other
member of the Board and, for the purposes of this Regulation, the secretary of
the Board shall be deemed to be a member thereof.
(5) If, at the time and
place appointed for the holding of a draw –
(a) the
presiding officer is not present, but there are present not less than 2 other
members of the Board, those other members shall choose one of their number to
act as presiding officer and, in such a case, the expression “presiding
officer” shall include the person so chosen;
(b) there
are not present at least 2 members of the Board, the draw shall be postponed to
such other time as the Minister, or any person authorized in that behalf by the
Minister and present at the time and place so appointed, may direct.
(6) The presiding
officer –
(a) shall
have the control and be responsible for the proper conduct of the draw in
accordance with this Regulation and any Order made under paragraph (1)
thereof;
(b) shall,
in the event of any breakdown of, or defect in, any mechanism for effecting the
drawing of serial numbers of winning tickets and prizes, suspend the drawing of
any serial numbers and prizes which, at the time of the occurrence of the
breakdown or defect, remain to be drawn until such time as the presiding
officer is satisfied that the breakdown or defect has been remedied;
(c) if,
during a draw, any dispute or question arises regarding a winning serial number,
or the method of conducting the draw, or otherwise in connection therewith, may
suspend the draw and, if the presiding officer suspends the draw, shall as soon
as may be refer the dispute or question to the Minister, and the decision of
the Minister thereon shall be final and without appeal;
(d) shall
cause to be removed from the place where the draw is conducted any person who
obstructs or impedes the conduct of the draw, or who creates any disturbance at
that place;
(e) shall,
forthwith on the conclusion of a draw, prepare, in sufficient number of copies,
a list of the serial numbers of the winning tickets and of the prizes drawn in
respect thereof and shall sign and otherwise authenticate in such manner as the
Minister may require such number of copies (hereinafter referred to as
“authenticated copies”) as the Minister may require and shall
cause –
(i) one authenticated
copy to be posted at or about the place where the draw was conducted,
(ii) to
be delivered to the Minister such number of copies and authenticated copies as
the Minister may require,
(iii) to be
delivered to the Guernsey Committee such number of copies and authenticated
copies as that Committee may require.
(7) The Minister, as soon
as may be after copies of a list have been delivered under paragraph (6)(e)(ii),
shall cause –
(a) a
copy thereof to be delivered to the Treasurer of the States;
(b) the
list to be published in the Jersey Gazette and in such other manner as he or
she thinks fit, together with a notice stating –
(i) the places where,
and the times during which, payment of prizes may be claimed,
(ii) the
latest day for claiming such payment.
(8) Where, for any reason a
draw is postponed, or having been suspended cannot be resumed, on the day
appointed, the Minister shall, as soon as may be after such postponement or
suspension, cause to be published in the Jersey Gazette and in such other
manner as the Minister may think fit a notice of the reason and of the time and
place appointed for the draw to be conducted or resumed, as the case may be,
and shall inform the Guernsey Committee accordingly:
Provided that if, for any reason, it is not practicable to cause the
notice aforesaid to be published in the Jersey Gazette, it shall be sufficient
compliance with provisions of this paragraph if the notice is published in such
manner as to afford to members of the public reasonable opportunity to have
knowledge of the time and place so appointed.
11 Draws
in Guernsey
(1) Where a draw is held in
Guernsey the Minister, as soon as may be after receiving a copy of a list of
the serial numbers of the winning tickets and of the prizes drawn in respect
thereof signed by some person duly authorized in that behalf by the Guernsey Committee,
shall cause –
(a) a
copy thereof to be delivered to the Treasurer of the States; and
(b) the
list to be published in the Jersey Gazette, and in such other manner as the
Minister thinks fit, together with a notice stating –
(i) the places where,
and the times during which payment of prizes may be claimed, and
(ii) the
latest day for claiming such payment.
(2) If, in the case of a
draw to be held in Guernsey, the Minister is informed by the Guernsey Committee
that for any reason the draw will not be held or will not be completed on the
appointed day, the Minister shall, as soon as may be after receiving such
information, cause to be published in the Jersey Gazette, and in such other
manner as the Minister may think fit, a notice of the reason and of the time
and place appointed for the draw to be held or resumed, as the case may be:
Provided that if, for any reason, it is not practicable to cause the
notice aforesaid to be published in the Jersey Gazette, it shall be sufficient
compliance with this paragraph if the notice is published in such manner as to
afford to members of the public reasonable opportunity to have knowledge of the
time and place so appointed.
12 Payment
of prizes[26]
(1) Subject to the
provisions of this Regulation the following prizes shall be paid in respect of
lotteries to which Regulation 2(1) refers –
(a) in
the case of any ticket consisting of an entry in a public lottery –
(i) where the serial
number of a ticket corresponds to the number which has been drawn, the prize
drawn in respect of that number, and
(ii) where
some of the digits of the serial number of that ticket correspond in manner
specified with the digits of a serial number which has been drawn, the prize
specified in respect of such correspondence;
(b) in
the case of any ticket consisting of an entry in a public lottery which is
divisible into parts, an amount in respect of each part which bears the same
proportion to the amount of the prize specified in sub-paragraph (a) as
the part bears to the whole ticket; and
(c) in
the case of any part of a ticket consisting of an entry in an instant lottery
revealing a winning combination, the prize corresponding to that combination.[27]
(2) A holder of a winning
ticket or part of a winning ticket who is not an agent or sub-agent shall claim
a prize by presenting and delivering up such ticket or part of a
ticket –
(a) in
the case of a ticket consisting of an entry into a public lottery –
(i) where the total
prize payable in respect of such ticket does not exceed such amount as the
Minister may prescribe, to an agent, or
(ii) in
any other case to an agent or the Treasurer of the States; and
(b) in
the case of any part of a ticket consisting of an entry in an instant
lottery –
(i) where the prize
payable in respect of such part of a ticket does not exceed such amount as the
Minister may prescribe, to an agent or sub-agent, or
(ii) in
any other case to an agent, sub-agent or the Treasurer of the States.
(3) A holder of a winning
ticket who is an agent –
(a) shall
claim a prize by presenting and delivering up such ticket or part of a ticket
to the Treasurer of the States;
(b) shall
be entitled to receive in addition to any prize payable in respect of such
ticket or part of a ticket such commission as may be prescribed; and
(c) shall
not be required to account to the person from whom the holder has received a
ticket or part of a ticket in accordance with paragraphs (2) or (4) for
any commission so received.
(4) A holder of part of a
winning ticket consisting of an entry in an instant lottery who is a sub-agent
shall claim a prize by presenting and delivering up such part to an agent, save
that where the prize payable in respect of such part of a ticket exceeds such
amount as the Minister may prescribe, he or she may so claim from the Treasurer
of the States.
(5) No payment of a prize
shall be effected in Jersey in any case where the claim for such prize is
made –
(a) outside
the times stated in a notice published in pursuance of Regulation 10(7)(b) or Regulation
11(1)(b), as the case may be, unless such claim is made by post or is made in
respect of an entry in an instant lottery; or
(b) after
the expiration of the period of 12 months beginning with the day appointed for
the conduct of the draw in respect of which the ticket or part of a ticket for
which such prize is claimed was issued.
(6) In any case where
payment of a prize is not claimed within the period mentioned in paragraph (5)(b),
the amount of the prize not so claimed shall be divided between the Minister
and the Guernsey Committee in such proportions as may be agreed by them, and
any sum so accruing to the Minister shall be paid into the Fund.
(7) Where a prize is
payable in respect of a winning ticket or part of a winning ticket –
(a) it
shall be paid to the person claiming the prize under paragraphs (2), (3)
or (4);
(b) payment
of such prize shall be an effective discharge of all liability on the part of
the person making the payment; and
(c) no
liability shall attach to the States, the Minister or any employee or agent of
the States or in an administration of the States for which the Minister is
assigned responsibility, being liability in respect of such payment.
(8) No payment shall be
made in respect of any prize claimed in accordance with paragraphs (2), (3)
or (4) unless the person from whom the prize is claimed is satisfied that the
ticket presented to claim the prize is properly identified as a winning ticket
for that prize.
13 [28]
(1) Subject to the
provisions of this Regulation, the prize to be paid in the case of a ticket
consisting of an entry in an instant game revealing a winning combination shall
be the prize indicated as the prize awarded on the revealing of that
combination.
(2) The holder of a winning
ticket consisting of an entry in an instant game shall claim a prize in the
same manner as the holder of a part of a winning ticket consisting of an entry
in an instant lottery to which Regulation 2(1) refers, and Regulation 12(2), (3)
and (4) (including the provisions in those paragraphs conferring on the
Minister powers to prescribe amounts) shall apply accordingly as they apply in
relation to such parts of tickets and their holders.
(3) Regulation 12(7) and
(8) shall also apply in relation to a prize which is payable in respect of a
winning ticket consisting of an entry in an instant game, and in relation to
the person claiming the prize under this Regulation, as they apply in relation
to prizes and claimants in lotteries to which Regulation 2(1) refers.
(4) No payment of a prize
in an instant game shall be effected in Jersey in any case where the claim for
such prize is made after the expiration of a date appointed by the Minister in
a notice published in the Jersey Gazette and in such other manner as the
Minister thinks fit, such date being not less than 12 months after the ticket
was issued.
(5) In any case where
payment of a prize in an instant game is not claimed within the period
mentioned in paragraph (4), the amount of the prize not so claimed shall
be divided between the Minister and the Guernsey Committee in such proportions
as may be agreed by them and any sum so accruing to the Minister shall be paid
into the Fund.
14 Orders
(1) The Minister may make
Orders prescribing anything which, under these Regulations, may be, or is
required to be, prescribed.
(2) [29]
15 Offences
(1) Any person
who –
(a) makes
or prints, or causes to be made or printed, or, with intent to defraud, has in
his or her possession, any document so closely resembling a ticket or a part of
a ticket as to be calculated to deceive;
(b) knowingly
sells, or offers or exposes for sale, or attempts to sell, as a ticket or as a part
of a ticket –
(i) any document
which is not a ticket or a part of a ticket,
(ii) a
ticket or part of a ticket, other than a ticket or a part of a ticket to which paragraph (2)
applies, relating to a draw in respect of which the serial numbers of the
winning tickets have previously been drawn, or
(iii) in
any draw in respect of which the Minister has decided, in accordance with Regulation
7(6), that all tickets issued for sale in Jersey should be marked, a ticket or
a part of a ticket, other than a ticket or a part of a ticket to which paragraph (2)
applies, which is not so marked;
(c) not
being an agent or sub-agent, sells a ticket in Jersey;
(d) with
intent to defraud –
(i) interferes with a
draw, or
(ii) defaces
or materially alters a ticket or part of a ticket or has in his or her
possession a ticket or part of a ticket which has been defaced or materially
altered;
(e) obstructs
or impedes the conduct of a draw; or
(f) creates
any disturbance at or about the place where a draw is being, or is about to be,
conducted,
shall be guilty of an offence.[30]
(2) Paragraph (1)(b)(ii)
and (iii) shall not operate so as to make unlawful the sale by the holder of a
winning ticket or of a part thereof of that ticket or that part during the
period limited for the claiming of the prize in respect of that ticket or that part.
16 Citation
These Regulations may be cited as the Gambling (Channel Islands
Lottery) (Jersey) Regulations 1975.