(b) demonstration by the existing operator of its failure to fully recoup the investment in the lottery; or (c) the need to recover any period of suspension of a licence occasioned by revocation proceedings conducted under this Act in instances where the outcome of the proceedings was in favour of the Operator. 26. The operator shall — (a) ensure that such requirements as the regulatory authority may from time to time, determine of impose are complied with; (b) provide such information regarding the conduct of a national lottery as the Regulatory authority may require from time to time; (c) make such arrangements for the payment of such sums out of the gross revenue of the lottery as may be specified by the Board; (d) do such things within the terms of a licence, including the transfer of property or any rights, other than intellectual property rights as the Board or regulatory authority may require, upon the expiration of a licence; {e) obtain the approval of the regulatory authority for any lottery and the rules thereof before a lottery is conducted; (f) allow the regulatory authority or any person designated by the regulatory authority and the Board or any person designated by the Board to enter any premises or facility belonging to or under the control of the operator or a member of the management of the operator, or, premises to which the operator has a right of access, at any reasonable time, if such entry is necessary for the protection of the integrity of the lottery, to— (i) examine or inspect any machine, document or data in a licensed premise or facility. and make copics or extracts from it; (ti) seize, for the purpose of examination of information any machine, document or data, on the conduct of a national lottery:
1878 The National Lottery Bill, 2023 ae the regulatory roe may apply to the High Court for an order prohibiting the contravention, or, requiring the operator or any other person to take such steps as the Court may direct. (2) The liability of the operator to pay any money under this Act shall not be affected by a licence ceasing to be valid for any reason, 30. The regulatory authority may revoke a National Lottery licence where — (a) in ils opinion, the operator or his) or. her representative has grossly violated the provisions of this Act; (b) a person licensed is no longer a fit and proper person to conduct the National Lottery; (c) any condition of the licence has been breached: (d) any information given to the regulatory authority by the operator, or by any person who in any way controls the operator or any agent or representative of the operator is materially false in— (i) connection with the application for the licence + * (ii) accordance with a condition of the licence: or (iii) re financial matters regarding the National Lottery or in respect of any aspect of the management of the National Lottery; {e) any person who is managing a business or any part of a business of the operator or who is a supplier of goods or services to the operator and connected to a lottery operation is in the opinion of the regulatory authority not a fit and proper person to do so due to insolvency, liquidation, imprisonment or for any other sufficient reason; (f) the operator has failed to take adequate steps to prevent a commission of fraud by his or her employees, agents. representatives, suppliers or by participants in a lottery;
The National Lottery Bill, 2023 disbursing the proceeds of the National Lottery. Clauses 44-45 provide for the oversight of the Fund and the by the National Lottery Board and the approval of the annual programmes und projects to be undertaken through the Fund. Clause 46 designates the Chief Executive Officer of the National Lottery Board as the Administrator of the Fund. Clause 47 provides for the beneficiaries of the Fund. Clauses 48-50 contain financial provisions of the Fund. Clause 51 provides for the offence of misappropriation af any of the funds or assets of the Fund and the penalty for the offence. Schedule provides for the Conduct of Business and Affairs of the National Lotiery Board. Statement on delegation of legislative powers and limitation of fundamental rights and freedoms The Bill delegates legislative power to the Cabinet Secretary to make Regulations. The Bill does not limit any fundamental rights or freedoms. Statement as to whether the Bill is a money Bill within the meaning of Article 114 of the Constitution The enactment of this Bill may occasion additional expenditure of public funds. Statement as to whether the Bill Concerns County Governments This Bill is a Bill is not concerning county governments within the meaning of Article 110 of the Constitution and the Fourth schedule to the Constitution. Dated the 26th October, 2023 KIMANI ICHUNG’WAH, Leader of iy.