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Independent scrutiny of National Lottery held by operator
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38. (1) The Regulator may from time to time appoint one or more persons whose functions shall be to examine the conduct generally of the operator and to report thereon to the Regulator, and for those purposes, but without prejudice to the generality of the foregoing, to investigate the following:
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(a) its organisation, management and procedures;
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(b) the system for selecting winning tickets and the methods employed to prevent fraud in, or the manipulation of, that system and to ensure its fairness, accuracy, efficiency and reliability;
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(c) the manner of the selection, organisation and supervision of staff of the operator engaged in—
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(i) the handling or processing of National Lottery tickets or numbers for National Lottery tickets and the selection of National Lottery tickets to be winning tickets, and
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(ii) the installation, operation, maintenance, repair or supervision of computers or other electronic devices, or devices of any kind, used for the purposes of the National Lottery;
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(d) the installation, operation, maintenance, repair and supervision of computers or other electronic devices, or devices of any kind, used for the purposes of the National Lottery;
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(e) the quality and suitability of telecommunications facilities used for the purposes of the National Lottery employed by the operator;
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(f) the operation of this Act in relation to the National Lottery and whether the provisions of this Act are being complied with in relation to it.
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(2) A person appointed under this section shall report to the Regulator—
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(a) at such intervals as he or she considers necessary in relation to the matters specified in subsection (1), and
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(b) from time to time in relation to any other matters as respects the National Lottery which he or she considers should be so reported or which are specified by the Regulator.
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(3) For the purposes of his or her functions under this Act, a person appointed under this section may enter and remain on the premises of the operator at all reasonable times and shall have access to and may inspect any National Lottery tickets or any records kept by the operator (whether in legible form or otherwise) relating to the National Lottery and may take copies of or of extracts from the records.
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(4) Every director and every employee of the operator who is concerned in the National Lottery, shall give to the Regulator or to a person appointed by him or her under this section such information in his or her possession relating to the National Lottery as may be requested by the Regulator or by the person appointed.
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(5) A person appointed under this section may, if he or she so thinks fit, make recommendations to the Regulator in relation to the National Lottery or its conduct.
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(6) A person who—
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(a) fails or refuses to comply with a request duly made under subsection (4) in relation to information in his or her possession, or
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(b) obstructs or hinders a person appointed under subsection (1) in the performance of his or her functions under this section,
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commits an offence and is liable on summary conviction to a class A fine.
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