Corporate Governance Framework
Our corporate governance framework sets out the necessary responsibilities and procedures that guarantee we operate properly.
2 - Governance and accountability
2.1 The statutory and other duties of the Gambling Commission derive from Gambling Act 2005 (opens in new tab) and the National Lottery etc. Act 1993 (opens in new tab). Its statutory duties are:
In respect of the Gambling Act 2005, to permit gambling, in so far as the Commission thinks it reasonably consistent with pursuit of the licensing objectives:
- preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,
- ensuring that gambling is conducted in a fair and open way, and
- protecting children and other vulnerable persons from being harmed or exploited by gambling.
In respect of the National Lottery etc Act 1993, to manage the lottery provider in a manner most likely to secure:
- that the National Lottery is run, and every lottery that forms part of it is promoted, with all due propriety,
- that the interests of every participant in a lottery that forms part of the National Lottery are protected, and
- subject to the first two duties, to do its best to secure that the net proceeds of the National Lottery are as great as possible.
The Gambling Commission's responsibility for both National Lottery regulation and the regulation of other gambling, each of which are underpinned by separate regulatory regimes, necessitates an appropriate degree of segregation of its regulatory functions. The Gambling Commission will ensure that:
- it exercises its functions in relation to the National Lottery in accordance with the requirements of the National Lottery etc. Act 1993 (as amended) and any relevant secondary legislation and / or direction from the Secretary of State
- it exercises its functions under the Gambling Act 2005 in accordance with the requirements of that Act, any relevant secondary legislation issued under that Act and the statement of principles for licensing and regulation, issued pursuant to section 23 of the Act
- only relevant considerations are taken into account when decisions are being taken and that suitable protocols are in place to provide assurance to DCMS (opens in new tab) and others that this is the case
- there are no reasonable grounds for suggesting that it, or anyone exercising delegated decision making powers on its behalf, has been biased, partial or that a decision is not well founded in any way and that its decision making processes meet the requirements of the Human Rights Act 1998 (opens in new tab) and the principles of natural justice
- appropriate information barriers are in place to avoid any actual, or perceived, conflicts of interest arising in relation to the exercise of its functions under the above legislation
- its Commissioners and employees are alert to the possibility that the merged body's statutory functions may occasionally give rise to conflicts, as a key aspect of minimising the effects of conflicts of interest is to be open and transparent about such situations when they arise, however rare
- those engaged in handling operator specific information are properly trained in data security principles and protocols, as whilst holding sensitive commercially confidential information does not, of itself, give rise to a conflict of interest care will be needed to ensure that such information is used appropriately
- it is able, where required, to give adequate reasons for its decisions. Papers dealing with commercially sensitive decisions will routinely spell out the legislative provisions being applied and who has seen the material.
The Commission should make clear to interested parties that while the Commission will provide a single source of advice on the implications for various sectors of changes to legislation, the on-going oversight and review of legislation would remain for Ministers and ultimately Parliament to determine.
2.2. The Secretary of State and other members of the DCMS ministerial team will account for the Gambling Commission's business in Parliament.
2.3 The respective responsibilities of the DCMS Principal Accounting Officer and Accounting Officers for NDPBs and other arm's length bodies are set out in Chapter 3 of Managing Public Money which is sent separately to the Accounting Officers on appointment and summarised below.
2.4. The terms of appointment of the Chair and Board members are as set out in the Gambling Commission's founding legislation or other founding documents. Where such appointments are made by Ministers, they will comply with the Code of Practice of the Commissioner for Public Appointments.
2.5. In line with the founding legislation or documents, and, where applicable, the Government's Code of Practice on Corporate Governance, the Board will consist of a Chair, together with Commissioners that have a balance of skills and experience appropriate to directing the Gambling Commission's business.
Last updated: 27 February 2023
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