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Policy

Corporate Governance Framework

Our corporate governance framework sets out the necessary responsibilities and procedures that guarantee we operate properly.

Published
29 October 2021

Last updated
16 January 2024 - Changes

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  1. Contents
  2. 7 - The responsible Minister

7 - The responsible Minister

7.1. The Secretary of State and other members of the Department for Digital, Culture, Media and Sport (DCMS) ministerial team are accountable to Parliament for all matters concerning the Gambling Commission.

7.2. The relationship between Ministers and the Commission is set out in the Gambling Act 2005 and National Lottery etc. Act 1993. Ministers’ rights and powers include (but are not limited to):

Gambling Act 2005 (section 23)

Under section 23, the Commission is obliged to prepare a statement setting out the principles to be applied by it in exercising its functions under the Act. Before issuing or revising such a statement the Commission must consult the Secretary of State.

Gambling Act 2005 (section 24)

Under section 24, the Commission is obliged to issue one or more codes of practice about the manner in which facilities for gambling are provided (whether by the holder of a licence under this Act or by another person). Before issuing or revising such a code the Commission must consult the Secretary of State.

Gambling Act 2005 (section 25)

Under section 25, the Commission is from time to time obliged to issue guidance to local authorities as to the manner in which they should exercise their functions under that Act. Before issuing any such guidance, the Commission must consult the Secretary of State.

Gambling Act 2005 (section 26)

The Gambling Commission has a duty to advise the Secretary of State about:

  • the incidence of gambling,
  • the manner in which gambling is carried on,
  • the effects of gambling, and
  • the regulation of gambling.

Advice must be given:

  • in response to a request from the Secretary of State, and
  • on such other occasions as the Commission thinks appropriate.

The Commission must send a copy of any advice to Scottish Ministers.

Gambling Act 2005 (other rights and powers)

Other relevant rights and powers in the 2005 Act feature in sections 32(2), 66(2), 121(8), 123, 156(3), 234, and paragraphs 5, 6, 11, 13 and 14 of Schedule 4.

National Lottery etc. Act 1993 (section 11)

In exercising its functions under sections 5 to 10A of the National Lottery etc. Act 1993, the Commission must comply with any directions that may be given to it by the Secretary of State.

Such directions may deal in particular:

  • with the matters that the Commission should take into account in deciding whether or not to grant licences
  • with the conditions that licences should contain.

National Lottery etc. Act 1993 (section 15)

The Commission must provide the Secretary of State with such information relating to the National Lottery or a lottery forming part of it as the Secretary of State directs.

7.3 Nothing in this document affects the rights, powers and duties conferred and imposed on Ministers and the Commission under the Gambling Act 2005 and the National Lottery etc. Act 1993.

Appointments to the Board

7.4. The Chief Executive of the Gambling Commission (the Commission) is appointed by the Board under Schedule 4 of the Gambling Act 2005 in consultation with the responsible Minister and Principal Accounting Officer, as required. The Board’s appointment of a Chief Executive is subject to the Secretary of State’s consent as to the terms and conditions of employment. This appointment is subject to the Public Appointments Order in Council and as such must comply with the Governance Code on Public Appointments.

7.5. The Ministers shall have the following appointment and approval rights in relation to the Commission’s Board:

The chairperson and an appropriate number of non-executive members are appointed by the Secretary of State under Schedule 4 to the Gambling Act 2005. These appointments are subject to the Public Appointments Order in Council and as such must comply with the Governance Code on Public Appointments.

All such appointments should have regard to the principle that appointments should reflect the diversity of the society in which we live, and appointments should be made taking account of the need to appoint boards which include a balance of skills and backgrounds.

Other Ministerial powers and responsibilities

7.6. The Secretary of State is also responsible for:

  • the policy frameworks within which the Gambling Commission (the Commission) operates
  • setting the performance framework within which the Commission will operate
  • matters regarding spending approvals, acquisitions, disposals, and joint ventures in line with delegations as set out in the delegation letter
  • such other matters as may be appropriate and proportionate.

The Secretary of State may delegate these functions to an appropriate junior Minister.

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