Appendix 3
S.I. 2007/2328: memorandum from the Department
for Culture, Media and Sport
Small Society Lotteries (Registration of Non-Commercial
Societies) Regulations 2007 (S.I. 2007/2328)
1. The Committee has requested a memorandum on
the following point:
The form prescribed in the Schedule applies in
Great Britain. Paragraph 15b refers to the applicant enclosing
payment of the registration fee of £40, but the requirement
for such a fee to accompany the form does not apply where the
application is made to a local authority in Scotland (see regulation
1(3)). Explain why the form does not make this clear.
2. Paragraph 42(2)(a) of Schedule 11 to the Gambling
Act 2005 ("the Act") requires an application for registration
under Part 5 of Schedule 11 to the Act to be in the prescribed
form. The Secretary of State has prescribed the form in regulation
3(1)(a), and such form applies to Great Britain. Paragraph 42(2)(d)
of Schedule 11 requires an application for registration to be
accompanied by the prescribed fee. In accordance with paragraph
56(a) of Schedule 11, the Secretary of State has power to prescribe
the amount of the fee to accompany an application, except where
the application is made to a local authority in Scotland, in which
case the fee is prescribed by the Scottish Ministers. Therefore
regulation 3(1)(b) only prescribes the fee in respect of applications
made to local authorities in England and Wales, such fee being
£40. The fee for applications made to local authorities in
Scotland is prescribed in the Gambling Act 2005 (Fees No. 3) (Scotland)
Regulations 2007 (SSI 2007/ 395) ("the Scottish Regulations").
3. Under regulation 2 of the Scottish Regulations,
the fee to accompany an application for registration under Part
5 of Schedule 11 to the Act, where that application is made to
a local authority in Scotland, is £40. Paragraph 15b of the
form prescribed in the Schedule to the Regulations in question
accurately reflects the requirement to enclose a £40 registration
fee, which applies to applications made to local authorities in
Scotland, as it does to applications made to local authorities
in England and Wales. It is the Department's intention that consequential
amendment should be made to paragraph 15b if either of the fees
(for Scotland, or for England and Wales) is amended.
Department for Culture, Media and Sport
19th October 2007
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