Changes to our enforcement strategy for the National Lottery
Consultation start date: 11 October 2017
Consultation end date: 21 November 2017
We have considered the issues raised by respondents to the consultation and set out our position in our response.
We received two responses to the consultation.
Earlier this year we consulted on changes to our enforcement strategy under the Gambling Act 2005. That consultation concentrated solely on the enforcement work we conduct around our licensing objectives set out in the Gambling Act 2005. It did not cover our enforcement work on the National Lottery because there are some important differences in the legislation that underpins that work.
Nevertheless we want to harmonise our approach to National Lottery enforcement with our approach to enforcement under the Gambling Act in so far as possible. In that way, whenever we take enforcement action, we do so with the same goal of putting the consumer at the centre of what we do and how we regulate.
The key changes we proposed to our National Lottery Enforcement policy were:
- an updated set of general principles in Section 2
- a clearer distinction between our investigative work and our decision making
- removing the requirement for decision makers to decide on whether the overall regulatory significance of a breach is low, medium or high as in practice that assessment added complexity but had little impact on the eventual outcome
- separating out the arrangements for informal procedures in Section 5 and in the same Section, including more information about regulatory settlement
- in Section 7, more information about publication.
In making these changes, our intention was to:
- streamline the policies and processes that govern National Lottery enforcement
- align our approach to National Lottery enforcement more closely with our general approach to our other enforcement work
- build on our experience of working with the current policy, whilst maintaining the legal and procedural safeguards that have always been a feature of the regulatory framework for the National Lottery.
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Last updated: 11 October 2021
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