Gambling (Channel Islands Lottery) (Amendment No. 3) (Jersey) Regulations 1997

Jersey R & O 9153

 

Gambling (Jersey) Law 1964

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GAMBLING (CHANNEL ISLANDS LOTTERY) (AMENDMENT No. 3) (JERSEY) REGULATIONS 1997

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(Promulgated on the 8th day of October 1997)

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STATES OF JERSEY

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The 7th day of October 1997

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THE STATES, in pursuance of Article 3 of the Gambling (Jersey) Law 1964,1 as amended, have made the following Regulations –

1.             In Regulation 1 of the Gambling (Channel Islands Lottery) (Jersey) Regulations 1975,2 as amended (hereinafter referred to as “the principal Regulations”) –

(a)     after the definition of “Guernsey” there shall be inserted the following definition –

“ ‘instant lottery’ has the same meaning as in the Gambling (Gaming and Lotteries) (Jersey) Regulations 19653, as amended;”;

(b)     after the definition of “prescribe” there shall be inserted the following definition –

“ ‘sub-agent’ means a person duly appointed as such under paragraph (2) of Regulation 7;” and

(c)     for the definition of “winning ticket” there shall be substituted the following definitions –

“ ‘winning combination’ means the combination of numbers, pictures or other symbols on a part of a ticket which will entitle the holder of such part to a prize;

‘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)     in respect of part of a ticket which consists of an entry in an instant lottery, a part of a ticket which reveals a winning combination;”.

2.             For paragraph (1) of Regulation 2 of the principal Regulations there shall be substituted the following paragraph –

“(1)        Subject to the provisions of these Regulations, the Committee may, from time to time, jointly with the States of Guernsey Gambling Control Committee (hereinafter referred to as ‘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,

and such public lottery and instant lottery shall be known collectively as the Channel Islands Lottery.”.

3.             For paragraph (1) of Regulation 4 there shall be substituted the following paragraphs –

“(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.

(1A)  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 Committee in promoting and conducting the Channel Islands Lottery or otherwise arising in connexion with it; and

(c)     otherwise accruing from or in connexion with the promotion and conduct of the Channel Islands Lottery.

(1B)  There shall be paid out of the Fund –

(a)     all prizes claimed in Jersey;

(b)     monies paid by the Committee as its contribution towards the expenses jointly incurred with the Guernsey Committee in promoting and conducting the Channel Islands Lottery or otherwise arising in connexion with it;

(c)     the cost of prizes claimed in Guernsey; and

(d)     all other expenses of the Committee in relation to the promotion and conduct of the Channel Islands Lottery.”.

4.             For paragraph (b) of Regulation 5 of the principal Regulations there shall be substituted the following paragraph –

“(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;”.

5.             In Regulation 6 of the principal Regulations –

(a)     for paragraph (3) there shall be substituted the following paragraph –

“(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 sub-paragraph (ii) of paragraph (b) of Regulation 5.”;

(b)     in paragraph (4) for the words “Every ticket, and where a ticket is divisible into parts,” there shall be substituted the words “Subject to paragraph (4A) of this Regulation, every ticket, and, where the ticket is divisible into parts, each bearing an identical serial number,”;

(c)     after paragraph (4) there shall be inserted the following paragraph –

“(4A)   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 sub-paragraphs (a), (b) and (d) of paragraph (4) of this Regulation;

(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 Committee and the Guernsey Committee may jointly determine; and

(c)     the price at which the ticket is to be sold.”.

6.             For Regulation 10 of the principal Regulations there shall be substituted the following Regulation –

“(1)        Subject to the provisions of this Regulation the following prizes shall be paid –

(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) of this paragraph 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.

(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 Committee 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 Committee 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 he has received a ticket or part of a ticket in accordance with paragraphs (2) or (4) of this Regulation 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 Committee may prescribe, he 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 sub-paragraph (b) of paragraph (7) of Regulation 8 or sub-paragraph (b) of paragraph (1) of Regulation 9, 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 sub-paragraph (b) of paragraph (5) of this Regulation, the amount of the prize not so claimed shall be divided between the Committee and the Guernsey Committee in such proportions as may be agreed by those committees, and any sum so accruing to the Committee 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) of this Regulation;

(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 Committee or any employee or agent of the States or the Committee 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) of this Regulation 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.”.

7.             For sub-paragraphs (c) and (d) of paragraph (1) of Regulation 12 of the principal Regulations there shall be substituted the following sub-paragraphs –

“(c)   not being an agent or sub-agent, sells a ticket in Jersey; or

(d)     with intent to defraud –

(i)      interferes with a draw; or

(ii)     defaces of materially alters a ticket or part of a ticket or has in his possession a ticket or part of a ticket which has been defaced or materially altered; or”.

8.             These Regulations may be cited as the Gambling (Channel Islands Lottery) (Amendment No. 3) (Jersey) Regulations 1997 and shall come into force on the twenty-ninth day of October 1997.

 

G.H.C. COPPOCK

 

Greffier of the States.



1        Recueil des Lois, Volume 1963–1965, page 287.

2        No. 6153.

3        No. 4642.


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