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Codes of practice
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31. (1) Subject to subsection (2), the Authority may, and at the request of the Minister shall, prepare and adopt a code of practice for any of the purposes specified in subsection (3).
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(2) The Authority shall consult with the Minister before adopting a code of practice under subsection (1).
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(3) The purposes referred to in subsection (1) are—
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(a) setting standards for the provision of relevant gambling activities, and
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(b) providing practical guidance to licensees in relation to the application and operation of this Act or any regulations made under it.
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(4) The Authority may publish, in such manner as it considers appropriate, a draft code prepared by it and, where it publishes a draft, shall invite persons to make representations in writing to it in relation to the draft within such period as it specifies in the invitation.
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(5) Where the Authority adopts a code of practice under subsection (1), the Authority shall publish the code on its website and specify the date from which the code shall have effect which shall be a date not earlier than 7 days from such publication.
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(6) The Authority may, having consulted with the Minister, amend or revoke a code of practice adopted by it under subsection (1) and—
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(a) where it amends a code, shall publish the code as amended on its website and specify the date from which the code as amended shall have effect which shall be a date not earlier than 7 days from such publication, and
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(b) where it revokes a code, shall publish a notice on its website of the fact of such revocation and specify the date from which the code is revoked.
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(7) For the purposes of subsection (8), a code of practice shall be admissible in evidence in proceedings under this Act in respect of an alleged contravention by a licensee of a relevant obligation where at the time the alleged contravention was committed the code—
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(a) was in effect, and
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(b) provided practical guidance to licensees in relation to the matter which is the subject of that alleged contravention.
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(8) Where it is proved in any proceedings referred to in subsection (7) that any act or omission of the licensee alleged to constitute the contravention—
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(a) was a failure to observe a code of practice referred to in that subsection, or
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(b) was in compliance with that code of practice,
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that failure or compliance, as the case may be, is admissible in evidence.
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(9) A document purporting to be a copy, and to be certified by an employee of the Authority to be a true copy, of a code of practice or an extract of a code of practice, shall, unless the contrary is proved, be admitted in evidence in any proceedings and be evidence of the matters specified therein without further proof.
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