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269 | Interpretation: travelling fair |
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For the purposes of this Act— |
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(a) | “fair” means a fair consisting wholly or principally of the provision of |
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(b) | a fair held on a day in a calendar year is a “travelling fair” if provided— |
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(i) | wholly or principally by persons who travel from place to place |
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for the purpose of providing fairs, and |
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(ii) | at a place no part of which has been used for the provision of a |
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fair on more than 27 days in that calendar year. |
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A person does not commit an offence under section 34 or 226 if— |
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(a) | he makes one or more Category D gaming machines available for use |
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at a travelling fair, and |
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(b) | facilities for gambling (whether by way of gaming machine or |
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otherwise) amount together to no more than an ancillary amusement at |
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271 | Meaning of “prize gaming” |
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Gaming is prize gaming for the purposes of this Act if neither the nature nor |
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the size of a prize played for is determined by reference to— |
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(a) | the number of persons playing, |
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(b) | the amount staked or raised by the gaming, or |
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(c) | any other matter relating to the progress or outcome of a game. |
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(1) | A person does not commit an offence under section 30 or 34 by providing |
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facilities for prize gaming if— |
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(a) | the gaming satisfies the conditions specified in section 276, and |
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(b) | the facilities are provided in accordance with a prize gaming permit. |
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(2) | A prize gaming permit is a permit issued by a licensing authority authorising |
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a person to provide facilities for gaming with prizes on specified premises. |
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(3) | Schedule 11 makes further provision about prize gaming permits. |
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273 | Gaming and entertainment centres |
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(1) | A person does not commit an offence under section 30 or 34 by providing |
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facilities for prize gaming if— |
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(a) | the gaming satisfies the conditions specified in section 276, and |
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(b) | the facilities are provided in— |
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(i) | an adult gaming centre, or |
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(ii) | a licensed family entertainment centre. |
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(2) | A person does not commit an offence under section 30 or 34 by providing |
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facilities for equal chance prize gaming if— |
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(a) | the gaming satisfies the conditions specified in section 276, and |
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(b) | the facilities are provided on premises in respect of which a family |
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entertainment centre gaming machine permit has effect. |
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(1) | A person does not commit an offence under section 30 or 34 by providing |
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facilities for prize gaming in premises in respect of which a bingo premises |
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(2) | A condition may be attached under section 71 or 74 to an operating licence so |
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(a) | to prevent facilities for a specified description of game from being |
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provided in reliance on subsection (1), or |
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(b) | to provide for subsection (1) to apply, whether generally or only in |
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connection with a specified description of game, subject to specified |
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conditions or only in specified circumstances. |
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(3) | A condition attached under section 74 by virtue of subsection (2) above may, in |
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particular, relate to a matter listed in section 86(1). |
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(4) | Subsection (1) may not be disapplied or modified— |
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(a) | by way of a condition attached to an operating licence under section 73, |
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(b) | by way of a condition attached to a premises licence under section 158, |
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A person does not commit an offence under section 30 or 34 by providing |
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facilities for equal chance prize gaming if— |
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(a) | the gaming satisfies the conditions specified in section 276, |
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(b) | the facilities are provided at a travelling fair, and |
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(c) | facilities for gambling (in whatever form) amount together to no more |
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than an ancillary amusement at the fair. |
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276 | Conditions for prize gaming |
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(1) | This section specifies the conditions mentioned in sections 272(1), 273(1) and |
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(2) and 275 for prize gaming. |
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(2) | The first condition is compliance with such limits as may be prescribed in |
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respect of participation fees (and those limits may, in particular, relate to |
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players, games or a combination). |
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(3) | The second condition is that— |
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(a) | all the chances to participate in a particular game must be acquired or |
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allocated on one day and in the place where the game is played, |
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(b) | the game must be played entirely on that day, and |
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(c) | the result of the game must be made public— |
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(i) | in the place where the game is played, and |
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(ii) | as soon as is reasonably practicable after the game ends, and in |
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any event on the day on which it is played. |
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(4) | The third condition is that the prize for which a game is played, or the |
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aggregate of the prizes for which a game is played— |
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(a) | where all the prizes are money, must not exceed the prescribed amount, |
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(b) | in any other case, must not exceed the prescribed value. |
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(5) | The fourth condition is that participation in the game by a person does not |
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entitle him or another person to participate in any other gambling (whether or |
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not he or the other person would also have to pay in order to participate in the |
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(6) | In this section “prescribed” means prescribed by regulations made by the |
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277 | Power to restrict exemptions |
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The Secretary of State may by order provide for sections 272, 273 and 275 not |
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to have effect in relation to prize gaming of a specified description. |
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Private and Non-Commercial Gaming and Betting |
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Private gaming and betting |
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Schedule 12 (which defines private gaming and betting) shall have effect. |
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279 | Exceptions to offences |
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(1) | A person does not commit an offence under section 30 by providing facilities |
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(2) | Section 34 shall not apply to or in respect of the use of premises to carry on— |
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(3) | A person does not commit an offence under section 30 or 34 by making or |
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accepting a bet, or by offering to make or accept a bet, if he acts otherwise than |
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in the course of a business. |
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(1) | For the purposes of this Act gaming is non-commercial if it takes place at a non- |
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commercial event (whether as an incidental activity or as the principal or only |
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(2) | An event is non-commercial if the arrangements for the event are such that no |
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part of the proceeds is to be appropriated for the purpose of private gain. |
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(3) | For the purposes of subsection (2) the proceeds of an event are— |
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(a) | the sums raised by the organisers (whether by way of fees for entrance |
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or for participation, by way of sponsorship, by way of commission from |
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traders or otherwise), minus |
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(b) | amounts deducted by the organisers in respect of costs reasonably |
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incurred in organising the event. |
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281 | Exceptions to offences |
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(1) | A person does not commit an offence under section 30 by providing facilities |
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(a) | non-commercial prize gaming which complies with the conditions in |
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(b) | non-commercial equal chance gaming which complies with the |
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conditions in section 283. |
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(2) | Section 34 shall not apply to or in respect of the use of premises to carry on— |
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(a) | non-commercial prize gaming which complies with the conditions in |
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(b) | non-commercial equal chance gaming which complies with the |
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conditions in section 283. |
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282 | Conditions for non-commercial prize gaming |
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(1) | This section specifies the conditions for non-commercial prize gaming |
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mentioned in section 281. |
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(2) | The first condition is that players are informed that the purpose of the gaming |
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is to raise money for a specified purpose other than that of private gain. |
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(3) | The second condition is that the arrangements for the gaming are such that the |
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profits will be applied for a purpose other than that of private gain. |
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(4) | The third condition is that the non-commercial event of which the gaming is |
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part does not take place— |
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(a) | on premises, other than a track, in respect of which a premises licence |
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(b) | on a track at a time when activities are being carried on in reliance on a |
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(c) | on premises at a time when activities are being carried on in reliance on |
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(5) | The fourth condition is that the gaming is not remote. |
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(6) | In this section “profits” in relation to gaming means— |
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(a) | the aggregate of amounts— |
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(i) | paid by way of stakes, or |
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(ii) | otherwise accruing to the person organising the gaming directly |
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in connection with it, minus |
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(b) | amounts deducted by the person organising the gaming in respect of— |
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(i) | the provision of prizes, or |
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(ii) | other costs reasonably incurred in organising or providing |
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facilities for the gaming. |
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283 | Conditions for non-commercial equal-chance gaming |
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(1) | This section specifies the conditions for non-commercial equal-chance gaming |
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mentioned in section 281. |
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(2) | The first condition is that persons participating in the gaming are informed that |
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the purpose of the gaming is to raise money for a specified purpose other than |
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(3) | The second condition is that the arrangements for the gaming are such that the |
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profits will be applied for a purpose other than that of private gain. |
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(4) | The third condition is that the arrangements for the gaming ensure compliance |
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with regulations of the Secretary of State— |
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(a) | limiting amounts staked; |
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(b) | limiting participation fees; |
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(c) | limiting other amounts paid by a person in connection with the |
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(d) | limiting a combination of matters specified in paragraphs (a) to (c); |
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(e) | limiting the amount or value of a prize; |
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(f) | limiting the aggregate amount or value of prizes. |
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(5) | Regulations under subsection (4) may, in particular— |
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(a) | make provision by reference to whether or not a game is part of a series; |
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(b) | make provision by reference to whether or not the non-commercial |
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event of which the gaming is part is associated, as defined by the |
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regulations, with another event; |
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(c) | limit stakes in relation to a participant in more than one game; |
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(d) | make different provision for different kinds of game or for games |
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played in different circumstances. |
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(6) | The fourth condition is that the non-commercial event of which the gaming is |
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part does not take place— |
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(a) | on premises, other than a track, in respect of which a premises licence |
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(b) | on a track at a time when activities are being carried on in reliance on a |
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(c) | on premises at a time when activities are being carried on in reliance on |
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(7) | The fifth condition is that the gaming is non-remote. |
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(8) | In this section “profits” in relation to gaming means— |
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(a) | the aggregate of amounts— |
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(i) | paid by way of stakes, or |
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(ii) | otherwise accruing to the person organising the gaming directly |
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in connection with it, minus |
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(b) | amounts deducted by the person organising the gaming in respect of— |
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(i) | the provision of prizes, or |
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(ii) | other costs reasonably incurred in organising or providing |
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facilities for the gaming. |
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284 | Misusing profits of non-commercial prize gaming |
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(1) | This section applies to— |
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(a) | non-commercial prize gaming in respect of which a fund-raising |
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purpose has been specified as mentioned in section 282(2), and |
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(b) | non-commercial equal-chance gaming in respect of which a fund- |
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raising purpose has been specified as mentioned in section 283(2). |
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(2) | A person commits an offence if he uses any part of the profits of gaming to |
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which this section applies for a purpose other than that specified. |
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(3) | The reference in subsection (2) to the use of profits includes a reference to |
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permitting profits to be used. |
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(4) | A person guilty of an offence under this section shall be liable on summary |
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(a) | imprisonment for a term not exceeding 51 weeks, |
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(b) | a fine not exceeding level 5 on the standard scale, or |
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(5) | In this section “profits” has the same meaning as in sections 282 and 283. |
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(a) | may designate employees of the Commission as enforcement officers |
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for the purposes of this Act, and |
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(b) | may appoint persons other than employees of the Commission as |
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enforcement officers for the purposes of this Act. |
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(2) | The Commission may pay to or in respect of an enforcement officer who is not |
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an employee of the Commission sums by way of or in respect of— |
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