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Gambling Bill


Gambling Bill
Part 10 — Gaming Machines

100

 

(c)   

make arrangements for the provision of a copy of an entry in the

register, or of information, to a member of the public on request.

(2)   

A licensing authority may refuse to provide a copy of an entry or of

information unless the person seeking it pays a reasonable fee specified by the

authority.

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(3)   

The Secretary of State may make regulations about—

(a)   

the form of the register;

(b)   

the manner in which it is maintained.

(4)   

The Secretary of State may make regulations—

(a)   

requiring licensing authorities to give to the Commission specified

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information about temporary use notices given to them,

(b)   

requiring the Commission to maintain a register of the information

provided to it under paragraph (a),

(c)   

requiring the Commission to grant access to the register to members of

the public (without charge),

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(d)   

requiring the Commission to make copies of entries available on

request, and on payment of a reasonable fee, to members of the public,

and

(e)   

excusing licensing authorities, wholly or partly, from compliance with

subsection (1).

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Part 10

Gaming Machines

Definitions

219     

Gaming machine

(1)   

In this Act “gaming machine” means a machine which is designed or adapted

25

for use by individuals to gamble (whether or not it can also be used for other

purposes).

(2)   

But—

(a)   

a domestic or dual-use computer is not a gaming machine by reason

only of the fact that it can be used to participate in remote gambling,

30

(b)   

a telephone or other machine for facilitating communication is not a

gaming machine by reason only of the fact that it may be used to

participate in remote gambling,

(c)   

a machine is not a gaming machine by reason only of the fact that it is

designed or adapted for use to bet on real events,

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(d)   

a machine is not a gaming machine by reason only of the fact that it

dispenses lottery tickets or otherwise enables a person to enter a lottery

the results of which are neither—

(i)   

determined by the machine, nor

(ii)   

announced by being displayed by the machine,

40

(e)   

a machine is not a gaming machine if—

(i)   

it is designed or adapted for the playing of bingo, and

 
 

Gambling Bill
Part 10 — Gaming Machines

101

 

(ii)   

it is used in accordance with a condition attached to a bingo

operating licence under section 73 by virtue of section 81(2)(b),

and

(f)   

a machine is not a gaming machine by reason only of the fact that it is

designed or adapted to be—

5

(i)   

controlled or operated by an individual employed or concerned

in arranging for others to play a real game of chance, or

(ii)   

used in connection with a real game of chance the arrangements

for which are controlled or operated by an individual.

(3)   

Despite subsection (2)(f), a machine is a gaming machine if—

10

(a)   

it is designed or adapted to enable individuals to play a real game of

chance,

(b)   

its design or adaptation is such that it does not require to be controlled

or operated by a person employed or concerned in arranging for others

to play the game, and

15

(c)   

it is not designed or adapted for use in connection with a game the

arrangements for which are controlled or operated by an individual.

(4)   

In this Act—

(a)   

a reference to a machine is a reference to any apparatus which uses or

applies mechanical power, electrical power or both,

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(b)   

a reference to a part of a gaming machine—

(i)   

includes a reference to any computer software designed or

adapted for use in a gaming machine, but

(ii)   

does not include a reference to a component of a gaming

machine which does not influence the outcome of a game,

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(c)   

a reference to installing a part of a gaming machine includes a reference

to installing computer software for the purpose of altering the

operation of a gaming machine,

(d)   

a reference to adapting a gaming machine includes a reference to

adapting a machine so that it becomes a gaming machine, and

30

(e)   

“domestic computer” and “dual-use” computer shall have the

meanings assigned by the Secretary of State by regulations.

(5)   

Regulations under subsection (4)(e) may, in particular, make provision by

reference to—

(a)   

the location of a computer,

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(b)   

the purposes for which a computer is used,

(c)   

the circumstances in which a computer is used,

(d)   

the software installed on a computer, or

(e)   

any other matter.

220     

Gaming machines: Categories A to D

40

(1)   

The Secretary of State shall make regulations defining four classes of gaming

machine for the purposes of this Act (to be known as Categories A, B, C, and

D).

(2)   

Regulations under subsection (1) shall—

(a)   

divide Category B into sub-categories, and

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Gambling Bill
Part 10 — Gaming Machines

102

 

(b)   

make provision for determining to which sub-category (or sub-

categories) of Category B a reference in this Act to Category B shall be

treated as referring.

(3)   

Regulations under subsection (1) shall operate by reference to the nature of the

facilities for gambling provided by the machine.

5

(4)   

Regulations under subsection (1) may, in particular, make provision by

reference to—

(a)   

amounts paid in respect of the use of a machine;

(b)   

the value of prizes;

(c)   

the nature of prizes;

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(d)   

the premises where a machine is used.

(5)   

Regulations under subsection (1) may identify matters (whether or not

addressed by other provisions of the regulations) as to which a condition may

not be attached to an operating licence or to a premises licence.

(6)   

In accordance with regulations under subsection (1) a machine may change

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category as a result of a change of the mechanism, or the loading or removal of

software, which alters the nature of the facilities for gambling provided by the

machine.

221     

Adult gaming centre

In this Act “adult gaming centre” means premises in respect of which an adult

20

gaming centre premises licence has effect.

222     

Family entertainment centre

In this Act—

“family entertainment centre” means premises (other than an adult

gaming centre) wholly or mainly used for making gaming machines

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available for use, and

“licensed family entertainment centre” means premises in respect of

which a family entertainment centre premises licence has effect.

223     

Prize

In this Act “prize” in relation to a gaming machine—

30

(a)   

includes any money, article, right or service won, whether or not

described as a prize, but

(b)   

does not include an opportunity to play the machine again.

Regulations

224     

Use of machine

35

(1)   

The Secretary of State may make regulations controlling the circumstances in

which a gaming machine is made available for use.

(2)   

Regulations under subsection (1) may, in particular, make provision by

reference to—

 
 

Gambling Bill
Part 10 — Gaming Machines

103

 

(a)   

the method by which stakes may be deposited or payments made for

the use of a machine;

(b)   

the nature of, or arrangements in respect of receiving or claiming,

prizes;

(c)   

rollover of stakes or prizes;

5

(d)   

the proportion of amounts staked or paid that is returned by way of

prizes;

(e)   

the display of information;

(f)   

any other matter relating to the manner in which a machine operates.

(3)   

Regulations under subsection (1) may identify matters (whether or not

10

addressed by other provisions of the regulations) as to which a condition may

not be attached to an operating licence or to a premises licence.

225     

Supply, &c.

(1)   

The Secretary of State may make regulations about the supply, installation,

adaptation, maintenance or repair of a gaming machine or part of a gaming

15

machine.

(2)   

Regulations under subsection (1) may identify matters (whether or not

addressed by other provisions of the regulations) as to which a condition may

not be attached to an operating licence or to a premises licence.

Offences

20

226     

Making machine available for use

(1)   

A person commits an offence if he makes a gaming machine available for use

by another unless—

(a)   

he makes the machine available for use in accordance with an operating

licence, or

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(b)   

an exception in section 231, 232, 233, 256, 258, 267, 268 or 270 applies.

(2)   

A person commits an offence if he makes a gaming machine available for use

in contravention of regulations under section 224.

227     

Manufacture, supply, &c.

(1)   

A person commits an offence if he manufactures, supplies, installs, adapts,

30

maintains or repairs a gaming machine or part of a gaming machine unless—

(a)   

he acts in accordance with an operating licence, or

(b)   

the exception in section 234 applies.

(2)   

A person commits an offence if he—

(a)   

supplies, installs, adapts, maintains or repairs a gaming machine or

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part of a gaming machine, and

(b)   

fails to comply with a provision of regulations under section 225.

(3)   

Subsections (1) and (2) do not apply to the supply of a gaming machine, or part

of a gaming machine—

(a)   

as scrap (without any element of salvage), or

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(b)   

incidental to the sale or letting of property on which the machine has

previously been used in reliance on a provision of this Act.

 
 

 
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