Small Society Lotteries (Registration of Non-Commercial Societies) Regulations 2007 (S.I. 2007/2328)

3.1 The Committee draws the special attention of both Houses to these Regulations on the ground that in one respect they require elucidation.

3.2 The application form prescribed in the Schedule applies in Great Britain. Paragraph 15b of the form refers to the applicant enclosing payment of the registration fee of £40, but the requirement in the Regulations for such a fee to accompany the form does not apply where the application is made to a local authority in Scotland. In a memorandum printed at Appendix 3 the Department for Culture, Media and Sport explains that the enabling legislation provides for the fee to be set by the Scottish Ministers in such a case and that that fee has been set at £40 in the Gambling Act 2005 (Fees No. 3) (Scotland) Regulations 2007 (SSI 2007/395). It is the Department's intention that consequential amendment should be made to paragraph 15b of the form if either of the fees (for Scotland, or for England and Wales) is amended.

3.3 The Committee welcomes this explanation but notes that the SSI did not come into force until more than three weeks after S.I. 2007/2328 came into force. During that intervening period, paragraph 15b of the application form was misleading as regards the position in Scotland. The Committee reports the Regulations on the ground that paragraph 15b of the form in the Schedule calls for elucidation, provided only in part by the Department's memorandum.