Fourth Schedule

FOURTH SCHEDULE

(Article 59)

PART A - Amendment of other enactments

1. Criminal Code - The following provisions thereof shall be Cap. 9: repealed: (a) article 379; and (b) the proviso to article 643.

2. Conduct In the Fourth Schedule thereof, for the words Certificates "Lotteries and Gaming Authority" there shall be Ordinance - substituted the words "Malta Gaming Cap. 77: Authority", and for the words "Lotteries and Other Games Act" there shall be substituted the words "Gaming Act".

3. Racecourse The following provisions thereof shall be Betting Ordinance repealed: - Cap. 78: (a) articles 6 to 13, both inclusive; (b) paragraph (d) of article 14; (c) the second proviso to article 15; and (d) article 16.

4. Broadcasting Act - (a) Article 10(6C) thereof shall be repealed. Cap. 350: (b) Immediately after paragraph (c) of sub-article (4) of article 16M thereof there shall be added the following new provisos: "Provided that notwithstanding the above, gambling products which are strictly related to a sporting event may be advertised on such programme throughout the duration of such event, subject to such restrictions and conditions as the Authority and, or the Malta Gaming Authority may impose thereon:

Provided further that notwithstanding the first proviso hereof, if the Authority deems that, in the interest of public health and, or for the protection of minors and, or vulnerable persons as defined in the Gaming Definitions Regulations, 2018 the advertising envisaged in the first proviso hereof shall not occur, it may restrict and, or prohibit such advertising as it deems fit in its sole discretion.".

5. Services (Internal In paragraph (g) of sub-article (2) of article 3 Market) Act - thereof, for the words "the Gaming Act and the Cap. 500: Lotteries and other Games Act", there shall be substituted the words "the Gaming Act".

6. Registration of (a) In paragraph (b) of regulation 5 thereof, Clubs Regulations immediately after the word "gambling" - S.L. 10.21 there shall be added the words "and provided that he has verified that prior authorisation has been issued by the Malta Gaming Authority in terms of the Gaming Act"; and (b) Regulation 9 thereof shall be amended as follows: (i) in paragraph (d) thereof, immediately after the word "premises" there shall be added the words "provided that the Commissioner of Police has verified that prior authorisation has been issued by the Malta Gaming Authority in terms of the Gaming Act"; (ii) in paragraph (e) thereof, immediately after the word "gambling" there shall be added the words "provided that the Commissioner of Police has verified that prior authorisation has been issued by the Malta Gaming Authority in terms of the Gaming Act".

7. Fees leviable by The following provisions within the Schedule Government thereof shall be repealed: Departments "Lotto Regulations - S.L. 35.01 (a) For a permit to hold a tombola or lottery, inclusive of the duty leviable ......... 0.17 Such fees shall be denoted by means of stamps to be affixed to the permit.

(b) Fee in respect of an application filed later than the term specified in regulation 7 of the Public Tombolas Regulations - exclusive of the fees payable under paragraph (a) above .................... 1.16".

8. Smoking in the In paragraph (c) of sub-regulation (2) of Public Places regulation 4 thereof, for the words "Lotteries and Regulations - Gaming Authority" there shall be substituted the S.L. 315.04 words "Malta Gaming Authority".

9. Satellite Article 2 thereof shall be repealed. Television Broadcasting Licence (Empowerment) Order - S.L. 350.13

10. Requirements as to (a) Immediately after sub-paragraph (iv) of Standards and paragraph 1.2.2 of regulation 1 thereof Practice applicable there shall be added the following new to the Conduct of paragraph: Competitions and "1.2.3 Provided that in the exercise of the Award of this regulation, the Gaming Act Prizes - and the regulatory instruments S.L. 350.22 made thereunder applicable to it, shall be complied with."; (b) Immediately after paragraph 3.3 of regulation 3 thereof there shall be added the following new paragraph: "3.4 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with."; (c) Immediately after paragraph 4.1 of regulation 4 thereof there shall be added the following new paragraph: "4.2 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with."; (d) Immediately after paragraph 5.3 of regulation 5 thereof there shall be added the following new paragraph:

"5.4 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with."; (e) Immediately after paragraph 6.2 of regulation 6 thereof there shall be added the following new paragraph: "6.3 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with."; (f) Immediately after sub-paragraph (iv) of paragraph 10.1 of regulation 10 thereof there shall be added the following new paragraph: "10.2 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with."; (g) Immediately after paragraph 11.1 of regulation 11 thereof there shall be added the following new paragraph: "11.2 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with.". 11. Requirements as to (a) In paragraph 2.2 of regulation 2 thereof, the Advertisements, words "since any such advertising is Methods of prohibited in terms of article 49 of the Advertising and Gaming Act (Chapter 400 of the Laws of Directions Malta)" shall be deleted; Applicable to (b) In paragraph 4.1 of regulation 4 thereof, the Gambling first reference to the words "the Lotteries Advertisements - and Other Games Act" shall be deleted, and S.L. 350.25 for the words "Lotteries and other Games Act or any subsidiary legislation made thereunder" there shall be substituted the words "Gaming Act or any other regulatory instruments issued thereunder"; (c) Immediately after sub-paragraph (xvii) of paragraph 5.4 of regulation 5 thereof there shall be added the following new paragraph:

"5.5 Without prejudice to the generality of the foregoing, in the exercise of this provision, the Code of Commercial Communications, howsoever named, as issued by the Malta Gaming Authority shall be complied with.". PART B - Revocation of other enactments

The following subsidiary legislation is being revoked:

- the Betting on the Result of Football Matches Order - S.L. 9.02;

- the Importation of Mechanical Gambling Contrivances Regulations - S.L. 37.03;

- the Permits application for Lotteries, Tombolas or Small Games Regulations - S.L. 70.01;

- the Public Tombolas Regulations - S.L. 70.02;

- the Public Lotto Regulations - S.L. 70.03;

- the Racecourse Betting (Use of Totalisator) Rules - S.L. 78.01.