Explanatory note

These Regulations specify a condition which is to attach to each general betting operating licence, pool betting operating licence and betting intermediary operating licence issued under Part 5 of the Gambling Act 2005 (“the Act”).

The condition attaches to all such licences, including existing licences, and provides that nothing may be done in reliance on such a licence in relation to a bet on the outcome of a EuroMillions lottery or on a EuroMillions draw. Under section 33 of the Act, the holder of an operating licence commits a criminal offence if it fails to conduct its business in accordance with the terms and conditions of the licence. The condition applies to existing licences from the date on which these Regulations take effect, by virtue of paragraph (5) of the condition.

The condition does not apply to bets made by any person who is not in Great Britain when the bet is made.

The lottery promoted in the United Kingdom under the brand name EuroMillions forms part of the National Lottery. Section 95 of the Act imposes a statutory condition on operating licences issued under that Act providing that no betting may take place on the outcome of any lottery that forms part of the National Lottery. Paragraph (4) of the condition specified by these Regulations makes clear that it does not apply in relation to a bet on the outcome of a lottery which forms part of the National Lottery, as this is already covered by the statutory condition in section 95 of the Act.

If the outcome of any lottery which forms part of the National Lottery is no longer determined by a EuroMillions draw, paragraph (6) of the condition provides that that condition ceases to apply.

A full impact assessment has been produced for these Regulations by the Department for Digital, Culture, Media and Sport. The impact assessment and Explanatory Memorandum are available alongside this instrument on the UK Legislation website, legislation.gov.uk.