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National Lottery Act

29. Variation of conditions of the National Lottery licence

Edition: 2024-01-12 · In force

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29. Variation of conditions of the National Lottery licence

(1)The regulatory authority may vary any condition of a licence issued under section 25—
(a)with the consent of the operator; or
(b)without the consent of the operator, where—
(i)a variation is provided for in this Act or to the extent provided for in the licence; and
(ii)the operator has been given a reasonable opportunity to make representation to the regulatory authority in respect of the intended variation and the representation is considered by the regulatory authority as insufficient.
(2)The regulatory authority may, in varying the conditions of a licence impose new conditions or reduce the conditions to the licence.
(3)Where the regulatory authority intends to vary a licence under subsection (1)(b), the regulatory authority shall serve the operator with the notice of the intended variation specifying the grounds for such variation and require the operator to, within fourteen days of service of the notice, give reasons why the licence should not be varied.
(4)A notice under subsection (3) shall be served not less than twenty-one days before the date of the intended variation and shall specify the grounds for such variation.
(5)Where the operator fails to give reasons within the period stated, the licence shall be deemed to be varied.
(6)If reasons are furnished by the operator, the regulatory authority, as the case may be, shall after considering such reasons—
(a)decide whether or not to vary the licence; or
(b)call upon the operator to appear before it on a specified date to make oral representations in support of any written representations made by the operator or to answer any questions which the regulatory authority, as the case may be, regarding such written representations, thereafter the regulatory authority shall determine whether or not to vary the licence.
(7)The variation of a licence shall not prejudice any liability or obligation incurred under or in relation to the licence prior to its variation.
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Source: Kenya Law