(Charitable and Membership Gambling Services) (Jersey) Regulations 2012
In these Regulations, unless the context
otherwise requires, “Law” means the Gambling (Jersey) Law 2012.
types of membership gambling service
A person must not, in or from within Jersey, provide a membership gambling
(a) to a child; or
(b) in relation to gambling
conducted in such a way that the chances in it are not equally favourable to
all the persons gambling.
of additional type of charitable gambling service
A gambling service is designated as a charitable gambling service
for the purposes of the Law, to the extent that it would not otherwise be such
a service, if it –
(a) is provided mainly for
a charitable, sporting, cultural or other similar purpose that is neither a
purpose of private gain nor of any commercial undertaking; and
(b) is not –
by way of business,
public lottery for the purpose of Article 27 of the Law, or
membership gambling service.
of charitable gambling service requiring registration or permit
(1) For the purpose of this
Regulation a charitable gambling service is an exempt service
(a) it is
provided on 4 or more days in any calendar year;
total value of the prizes available, or of other items or amounts that may be
won by those gambling, on any such day equals or exceeds £1,500; or
gambling to which it relates –
(i) involves the game
known as Crown and Anchor, or
effected by means of electronic communication or gambling-specific electronic
equipment, as those expressions are defined by the Gambling (Ancillary Services
and Miscellaneous Provisions) (Jersey) Regulations 2012,
and references to a “non-exempt” service are to be read
(2) The Commission must
approve a code of practice, under Article 6 of the Gambling Commission (Jersey)
Law 2010, in relation to charitable gambling services.
(3) The code of practice
under paragraph (2) –
specify requirements that a person must comply with if the person provides a
type of non-exempt charitable gambling service without holding a permit; and
be contained in one or more documents and may, if each provision forming part
of the code is identified as such, form a part or parts of a document that also
(i) the statement of
policy under Regulation 7 in respect of charitable gambling services,
information or advice given under Article 7(1) of the Gambling Commission (Jersey)
Law 2010 in that respect, or
(4) A person must obtain a
permit from the Commission if the person provides a non-exempt charitable
gambling service, unless the person complies with every requirement referred to
in paragraph (3)(a) that applies to a service of that type.
(5) A person must register
with the Commission if the person provides a non-exempt charitable gambling
service and complies with every requirement referred to in paragraph (3)(a)
that applies to a service of that type.
(6) Regulations 5 to 8
apply to the permits required by paragraph (4) and the registration
required by paragraph (5).
charitable gambling service
applying for registration, a person must provide to the Commission such
information or evidence as is required by the Commission in relation to the
gambling to be conducted under the registration during the calendar year in
which the person applies to be registered.
Commission may refuse to register a person if it appears to the Commission that
the person’s conduct of gambling is likely to contravene a code of
practice under Regulation 4(2).
registered person must –
being registered; and
the January of each year following the year of that registration,
pay an annual fee,
determined and published by the Commission under Articles 46 and 47 of the
Law (subject to the limit in Article 26(3)(b)(i) of the Law).
registered person must provide to the Commission such accounts, reports or
other information or evidence as are required by the Commission –
(a) in December of each year, in relation to
gambling conducted in that year and to be conducted over the following year; and
(b) on demand –
(i) in relation to the
provision of any charitable gambling service on a day specified in the demand,
being a day on which, according to information provided by the person, such a
service is to be provided, or
the Commission reasonably suspects that there may be any ground for revoking
Commission may revoke a registration if it has reason to believe –
the registered person –
(i) provided false or
misleading information in purported compliance with paragraph (1),
contravened paragraph (3) or (4), or
conducting gambling, or has conducted or will conduct gambling, in
contravention of a provision of the code of practice under Regulation 4(2);
revocation is, in all the circumstances, a proportionate means of furthering
the objectives furthered by that code of practice.
for charitable gambling service
(1) In this Regulation
“relevant provision” means any of the following provisions of the
(a) Article 11;
(b) Article 12,
modified so that the Commission may grant a permit in exceptional circumstances
notwithstanding anything in that Article;
(c) Articles 13
(d) Articles 16
and 17, modified so that the conditions set out in them are not mandatory
but may be imposed by the Commission;
(e) Article 18,
other than paragraphs (3)(a)(ii) and (3)(c)(ii), and with paragraph (1)
modified so that the Commission may impose supplementary conditions in addition
to any imposed under the modified Articles 16 and 17;
(f) Article 19;
(g) Article 20,
modified so that the matters set out in sub-paragraphs (b) to (k) of that
Article are not compulsory but may be the subject of conditions imposed by the
(h) Article 21;
(i) Article 22(1)
to (8); and
provision of Part 4 that otherwise applies only to licences, other than
(2) A relevant provision
applies in respect of a permit as it applies in respect of a
the substitution of references to a permit for references to a licence;
the substitution of references to charitable gambling services for references
to commercial gambling services; and
the substitution of references to Article 24 of the Law for references to
Article 8 and Article 10 of the Law.
of policy as to permits and registration
(1) Article 9 of the
Law applies to the Commission’s policy in respect of registration and permits
as it applies to licences.
(2) The statement of policy
prepared under paragraph (1) may be included in the same document or
documents as the statement prepared under Article 9 of the Law, or in a separate
document or documents.
of and appeal against decisions as to permits and registration
(1) The notification and
appeal provisions apply to decisions in respect of registration and permits as
they apply to decisions in respect of licences.
(2) The notification and
appeal provisions are –
(a) Articles 43
of the Law, other than paragraphs (2)(d) and (3) of that Article; and
(b) Article 45
of the Law.
These Regulations may be cited as the Gambling (Charitable and
Membership Gambling Services) (Jersey) Regulations 2012.