Gambling Commission
(Consultation on Codes of Practice) (Jersey) Order 2011
1 Interpretation
In this Order, unless the context otherwise
requires –
“consultation draft” means a consultation draft referred
to in Article 3(1)(a);
“consultation notice” means a consultation notice
referred to in Article 3(1)(b);
“Law” means the Gambling Commission (Jersey) Law 2010;
“proposed code” means a code of practice that the Commission
proposes to approve under Article 6 of the Law, whether by way of revision
of a previously approved code or otherwise.
2 Requirement
to consult in specified manner
Before approving a code of practice under Article 6 of the Law,
the Commission must comply with each provision of Articles 3 to 5 of this
Order that applies to the proposed code, subject to Article 9.
3 Consultation
documents
(1) The Commission must
produce –
(a) a
consultation draft of the proposed code consisting, subject to paragraph (4),
of the full text of –
(i) the proposed
code, and
(ii) any
technical standards to which the proposed code refers under Article 6(5)(a)
of the Law; and
(b) a
consultation notice that –
(i) invites
submission of responses to the consultation draft,
(ii) specifies
the means and time limit by which responses are to be submitted,
(iii) concisely
states the Commission’s reasons for proposing to approve the code, and
(iv) if the
Commission seeks responses on any particular question, sets out that question.
(2) Paragraph (3)
applies if the proposed code –
(a) takes
the form of a code of practice issued by another person, with deletions,
amendments or additions made by the Commission under Article 6(3) of the
Law;
(b) refers
to technical standards issued by another person and applies those standards
subject to deletions, amendments and additions made by the Commission under
Article 6(5)(a) of the Law; or
(c) is a
revision, under Article 6(5)(d) of the Law, of a previously approved code.
(3) The consultation draft
must indicate each such deletion, amendment, addition or revision, by way
of –
(a) a
supplement to the original text of the code or technical standards, together
with –
(i) a copy of that
original text, or
(ii) information
as to how it may be accessed free of charge;
(b) an
annotation of the proposed text of the code or technical standards; or
(c) any
other means appearing to the Commission to be likely to make clear the effect
of the deletion, amendment, addition or revision.
(4) The Commission need not
include in the consultation draft the full text of the proposed code or
technical standards if the Commission –
(a) relies
on paragraph (3)(a) or (c); and
(b) is
satisfied that the consultation draft is sufficiently clear to enable informed
responses to be submitted.
(5) Paragraph (1)(b)
is not to be read as preventing –
(a) the
inclusion in a consultation notice of a statement in addition to the statement
required by paragraph (1)(b)(iii); or
(b) the
consideration of a response, if relevant to any aspect of the proposal, merely
because it does not answer any question asked under paragraph (1)(b)(iv).
(6) The Commission may
decide on the form of the documents to be produced under this Article, may
produce one document covering more than one code, and may in
particular –
(a) include
all or part of the consultation draft and consultation notice in the same
document;
(b) produce
each in a separate document; or
(c) subdivide
either or both into more than one document.
4 Publication
of consultation
(1) The Commission must
arrange for –
(a) one
or more copies of the consultation draft to be made available for inspection by
the public in one or more offices during reasonable hours; and
(b) electronic
copies of the consultation draft and consultation notice to be made available
for downloading without charge by the public from a website.
(2) The Commission must announce
information as to the arrangements made under paragraph (1) –
(a) by
placing an announcement on the website used under paragraph (1)(b), or on
another website from which readers are directed to that website; and
(b) in
addition, by at least one other means that the Commission considers likely to
bring the information to the attention of the public of Jersey in a timely
manner.
(3) The Commission must
take reasonable steps, in addition to complying with paragraph (2), to
bring the consultation to the attention of –
(a) any
person who –
(i) holds a relevant
authorization,
(ii) has
an outstanding application for a relevant authorization, or
(iii) has
informed the Commission of an intention to apply for a relevant authorization;
(b) the
Minister; and
(c) any
other person who has requested, in the manner and at the times approved by the
Commission, to be informed of consultations.
(4) In paragraph (3)(a)
“relevant authorization” means a licence, permit, approval,
certificate, registration or other permission that –
(a) is granted,
issued, made or given by or on behalf of the Commission; and
(b) relates
to a type of gambling that will, in the opinion of the Commission, be
significantly affected by the proposed code.
(5) The Commission must
comply with every requirement of paragraphs (2) and (3) no later than
28 days before the time limit specified in the consultation notice for
submission of responses, unless the Minister approves a shorter period in the
exceptional circumstances of a particular consultation.
(6) For the purpose of
paragraph (5), the date on which the Commission complies with a
requirement is to be treated as –
(a) in
respect of paragraph (2)(a), the date on which the announcement first
appears on a website under that sub-paragraph;
(b) in
respect of paragraph (2)(b), the date on which the Commission last takes any
action to comply with that sub-paragraph; or
(c) in
respect of paragraph (3), the date on which the Commission last takes any
step to comply with that paragraph,
irrespective in each case of whether or when the information or
consultation comes to the attention of any person to whom it is directed.
5 Responses
and further consultation
(1) The Commission
may –
(a) invite
any person who submits a response to do either or both of the
following –
(i) submit a further
response,
(ii) permit
the Commission to publicize the response and any further response on the
website on which the consultation draft was made available; and
(b) extend
the time limit specified in the consultation notice for submission of
responses, if it publicizes the extension in the same manner as it made the
announcement under Article 4(2).
(2) If the Commission
proposes to approve the consultation draft subject to any significant amendment,
the Commission must publish, on the website on which the consultation draft was
made available –
(a) a
notice specifying each amendment it proposes to make; and
(b) an
invitation to submit further responses on the proposed amendments by a date specified
in the invitation.
(3) The date specified
under paragraph (2)(b) must be no earlier than whichever is the later
of –
(a) 14 days
after the date of publication under paragraph (2); and
(b) the
time limit –
(i) specified, under
Article 3(1)(b)(ii), in the consultation notice, or
(ii) as
extended under paragraph (1)(b) of this Article.
(4) For the purpose of paragraph (2)
an amendment of a code is significant if, in the opinion of the Commission, it
would significantly alter the effect of the code on –
(a) any
burden imposed on providers of gambling services; or
(b) any
protection afforded to consumers of gambling services.
(5) For the purpose of
paragraph (4) –
(a) it is
irrelevant whether the alteration in the effect results from the amendment
itself or from its combination with any other amendment to be made to the code;
and
(b) an
alteration in the effect of the code is not to be treated as significant if the
alteration is merely –
(i) to the practical
effect of the code, and
(ii) as
a result of an improvement in the clarity of the code.
(6) The Commission must
consider a response if –
(a) it is
submitted in the manner specified in the consultation notice; and
(b) it is
received –
(i) by the time limit
specified, under Article 3(1)(b)(ii), in the consultation notice,
(ii) by
the time limit as extended under paragraph (1)(b) of this Article, or
(iii) in
the case of a further response invited under paragraph (2)(b) of this
Article, by the date specified in that invitation.
(7) After considering any
responses, the Commission must decide whether to approve or withdraw the
proposed code.
6 Withdrawal
of proposed code
If the Commission decides to withdraw the proposed code, it must
announce, in the same manner as it made the announcement under Article 4(2) –
(a) the withdrawal of the
proposed code; and
(b) the reasons for the
withdrawal, stating concisely –
(i) why
it considers that the reasons stated in the consultation notice under Article 3(1)(b)(iii)
no longer justify approval of the code, and
(ii) any
further action it proposes to take as a result of the consultation, or its
reasons for not so proposing.
7 Approval
of proposed code
If the Commission decides to approve the proposed code, it must
approve the consultation draft –
(a) as published under
Article 4;
(b) as amended in any way
that does not constitute a significant amendment within the meaning of Article 5(4);
(c) as amended in
accordance with any or all of any amendments published under Article 5(2);
or
(d) as amended as mentioned
in paragraph (c) and further amended as mentioned in paragraph (b).
8 Publication
of approved code
(1) If the Commission
approves the code it must publish, in the same manner as the consultation
draft –
(a) the
code as approved;
(b) any
third party standards referred to by the code; and
(c) a
concise statement of –
(i) its reasons for
approving the code, to the extent that they are different from those given
under Article 3(1)(b)(iii), and
(ii) its
assessment of the consultation responses.
(2) The date stated in a
code as the date on which the code comes into force must not be less than
7 days after the date on which the code is published under paragraph (1).
9 Minor
revision of a previously approved code
The Commission may approve a code without complying with any or all
of Articles 4(1)(a), 4(2), 5(2), 8(1)(c) and 8(2), if –
(a) the proposed code is a
revision, under Article 6(5)(d) of the Law, of a previously approved code;
(b) the revision does not
constitute a significant amendment within the meaning of Article 5(4) of
this Order; and
(c) the statement under
Article 3(1)(b)(iii) includes –
(i) reasons
for the Commission’s opinion that paragraph (b) of this Article
applies, and
(ii) an
outline of the effect of this Article.
10 Citation
This Order may be cited as the Gambling Commission (Consultation on
Codes of Practice) (Jersey) Order 2011.