|
| |
|
(i) | a reference to providing facilities for gambling is to be construed in |
| |
accordance with section 5, |
| |
(j) | a reference to publication includes a reference to display, and |
| |
(k) | a reference to the sale, supply or purchase of a lottery ticket is to be |
| |
construed in accordance with section 237. |
| 5 |
(3) | For the purposes of this Act a reference to a virtual game, race or other event |
| |
or process is a reference to— |
| |
(a) | images generated by computer so as to resemble all or part of a game, |
| |
race or other event or process of a kind that is played by or involves |
| |
actual people, animals or things, |
| 10 |
(b) | images generated by computer so as to represent an imaginary game, |
| |
race or other event or process, or |
| |
(c) | any game, race or other event or process the result of which is |
| |
| |
(4) | A requirement under this Act to give a notice (or to notify) is a requirement to |
| 15 |
give notice in writing; and for that purpose— |
| |
(a) | a message sent by facsimile transmission or electronic mail shall be |
| |
treated as a notice given in writing, and |
| |
(b) | a notice sent to a licensee at the address specified for that purpose in the |
| |
licence shall, unless the contrary is proved, be treated as reaching him |
| 20 |
within a period within which it could reasonably be expected to reach |
| |
him in the ordinary course of events. |
| |
(5) | A reference in this Act to an act which is authorised by a licence or other |
| |
document does not include a reference to an act which would be authorised by |
| |
the licence or document but for failure to comply with a term or condition. |
| 25 |
| |
(1) | This Act binds the Crown. |
| |
(2) | But this Act shall have no effect in relation to anything done on, or in relation |
| |
to any use of, premises occupied (temporarily or permanently) by Her |
| |
Majesty’s naval forces, military forces or air forces (within the meaning given |
| 30 |
by section 225(1) of the Army Act 1955 (c. 18)). |
| |
332 | Regulations, orders and rules |
| |
(1) | Regulations or rules under this Act, or an order of the Secretary of State under |
| |
| |
(a) | may make provision which applies generally or only for specified |
| 35 |
purposes or in specified cases or circumstances, |
| |
(b) | may make different provision for different purposes, cases or |
| |
| |
(c) | may include incidental, consequential or transitional provision. |
| |
(2) | A provision of this Act which permits regulations, rules or an order to make |
| 40 |
provision of a specified kind is without prejudice to the generality of |
| |
| |
(3) | Regulations or rules under this Act, or an order of the Secretary of State under |
| |
this Act, shall be made by statutory instrument. |
| |
|
| |
|
| |
|
(4) | Regulations under any of the following provisions shall not be made by the |
| |
Secretary of State unless a draft has been laid before and approved by |
| |
resolution of each House of Parliament— |
| |
| |
| 5 |
| |
| |
| |
| |
| 10 |
| |
| |
(5) | Regulations or rules made by the Secretary of State under any other provision |
| |
of this Act shall be subject to annulment in pursuance of a resolution of either |
| |
| 15 |
(6) | An order of the Secretary of State under this Act shall not be made unless a |
| |
draft has been laid before and approved by resolution of each House of |
| |
Parliament (subject to subsection (7)). |
| |
| |
(a) | shall not apply to an order under section 327(6) or 329 or under Part 2 |
| 20 |
of Schedule 6 or Part 2 of Schedule 15, which shall instead be subject to |
| |
annulment in pursuance of a resolution of either House of Parliament, |
| |
| |
(b) | shall not apply to an order under section 335, which shall, if it includes |
| |
provision by virtue of Part 1 of Schedule 15, instead be subject to |
| 25 |
annulment in pursuance of a resolution of either House of Parliament. |
| |
(8) | Regulations under a provision specified in subsection (4) shall not be made by |
| |
the Scottish Ministers unless a draft has been laid before and approved by |
| |
resolution of the Scottish Parliament. |
| |
(9) | Regulations made by the Scottish Ministers under any other provision of this |
| 30 |
Act shall be subject to annulment in pursuance of a resolution of the Scottish |
| |
| |
333 | Amendments and repeals |
| |
(1) | Schedule 13 (minor and consequential amendments) shall have effect. |
| |
(2) | An amendment in that Schedule shall have the same extent as the enactment |
| 35 |
amended (or as the relevant portion of the enactment amended). |
| |
(3) | The following shall cease to have effect— |
| |
(a) | the Gaming Act 1710 (c. 19), |
| |
(b) | the Gaming Act 1738 (c. 28), |
| |
(c) | the Gaming Act 1835 (c. 41), |
| 40 |
(d) | the Gaming Act 1845 (c. 109), |
| |
(e) | the Gaming Act 1892 (c. 9), |
| |
(f) | the Betting, Gaming and Lotteries Act 1963 (c. 2), |
| |
(g) | the Gaming Act 1968 (c. 65), |
| |
(h) | the Lotteries Act 1975 (c. 58), and |
| 45 |
|
| |
|
| |
|
(i) | the Lotteries and Amusements Act 1976 (c. 32). |
| |
(4) | The enactments listed in Schedule 14 are hereby repealed to the extent |
| |
| |
(5) | A repeal in that Schedule shall have the same extent as the provision repealed. |
| |
| 5 |
(1) | Expenditure of a Minister of the Crown in connection with this Act shall be paid out |
| |
of money provided by Parliament. |
| |
(2) | A sum received by a Minister of the Crown in connection with this Act shall be paid |
| |
into the Consolidated Fund. |
| |
| 10 |
(1) | The preceding provisions of this Act shall come into force in accordance with |
| |
provision made by the Secretary of State by order. |
| |
(2) | An order under subsection (1) may (without prejudice to the generality of |
| |
| |
(a) | bring only specified provisions into force; |
| 15 |
(b) | bring different provisions into force at different times; |
| |
(c) | bring a provision into force for a specified purpose only; |
| |
(d) | bring a provision into force at different times for different purposes; |
| |
(e) | in particular, bring Part 2 into force only for specified preliminary |
| |
purposes relating to the establishment of the Commission (which may |
| 20 |
include the assumption of functions of the Gaming Board for Great |
| |
Britain pending the commencement of repeals made by this Act); |
| |
(f) | in particular, bring a provision of this Act into force for the purpose of |
| |
enabling an advance application for a licence or permit to be made, |
| |
considered and determined; |
| 25 |
(g) | in particular, bring an offence or other provision of this Act into force |
| |
only in relation to gambling of a specified class or in specified |
| |
| |
(3) | Schedule 15 (transitional) shall have effect. |
| |
| 30 |
(1) | The following provisions of this Act extend to England and Wales, Scotland |
| |
| |
| |
(b) | section 319 (and the related entry in Schedule 14). |
| |
(2) | The other provisions of this Act shall extend only to— |
| 35 |
(a) | England and Wales, and |
| |
| |
(3) | This section is subject to section 333. |
| |
| |
This Act may be cited as the Gambling Act 2005. |
| 40 |
|
| |
|
| |
|
| |
| |
| |
Betting: Prize Competitions: Definition of Payment to Enter |
| |
| |
1 | This Schedule makes provision about the circumstances in which a person is |
| 5 |
to be or not to be treated for the purposes of section 11(1)(b) as being |
| |
required to pay to participate in an arrangement. |
| |
| |
2 | For the purposes of section 11 and this Schedule a reference to paying |
| |
| 10 |
| |
(b) | transferring money’s worth, and |
| |
(c) | paying for goods or services at a price or rate which reflects the |
| |
opportunity to participate in an arrangement under which a |
| |
participant may win a prize. |
| 15 |
3 | It is immaterial for the purposes of section 11 and this Schedule— |
| |
(a) | to whom a payment is made, and |
| |
(b) | who receives benefit from a payment. |
| |
4 | It is also immaterial for the purposes of section 11 and this Schedule whether |
| |
a person knows when he makes a payment that he thereby participates in an |
| 20 |
arrangement as a result of which he may win a prize. |
| |
Stamps, telephone calls, &c. |
| |
5 (1) | For the purposes of section 11 and this Schedule a reference to paying does |
| |
not include a reference to incurring the expense, at a normal rate, of— |
| |
(a) | sending a letter by ordinary post, |
| 25 |
(b) | making a telephone call, or |
| |
(c) | using any other method of communication. |
| |
(2) | For the purpose of sub-paragraph (1)— |
| |
(a) | a “normal rate” is a rate which does not reflect the opportunity to |
| |
participate in an arrangement under which a person may win a |
| 30 |
| |
(b) | ordinary post means ordinary first-class or second-class post |
| |
(without special arrangements for delivery). |
| |
|
| |
|
| |
|
Payment to discover whether prize won |
| |
6 | For the purposes of section 11 and this Schedule a requirement to pay in |
| |
order to discover whether a prize has been won under an arrangement shall |
| |
be treated as a requirement to pay to participate in the arrangement. |
| |
| 5 |
7 | For the purposes of section 11 and this Schedule a requirement to pay in |
| |
order to take possession of a prize which a person has or may have won |
| |
under an arrangement shall be treated as a requirement to pay to participate |
| |
| |
| 10 |
8 (1) | For the purposes of section 11 and this Schedule an arrangement shall not be |
| |
treated as requiring a person to pay to participate if under the |
| |
| |
(a) | each person who is eligible to participate has a choice whether to |
| |
participate by paying or by sending a communication, |
| 15 |
(b) | the communication mentioned in paragraph (a) may be— |
| |
(i) | a letter sent by ordinary post, or |
| |
(ii) | another method of communication which is neither more |
| |
expensive nor less convenient than participating by paying, |
| |
(c) | the choice is publicised in such a way as to be likely to come to the |
| 20 |
attention of each person who proposes to participate, and |
| |
(d) | the system for allocating prizes does not differentiate between those |
| |
who participate by paying and those who participate by sending a |
| |
| |
(2) | In this paragraph “ordinary post” has the meaning given by paragraph |
| 25 |
| |
Power to make regulations |
| |
9 | The Secretary of State may make regulations providing that an activity of a |
| |
specified kind or performed in specified circumstances is to be or not to be |
| |
treated for the purposes of section 11 as paying to participate in an |
| 30 |
| |
| |
| |
Lotteries: Definition of Payment to Enter |
| |
| |
1 | This Schedule makes provision about the circumstances in which an |
| 35 |
arrangement is to be or not to be treated for the purposes of section 14 as |
| |
requiring persons to pay in order to participate in an arrangement. |
| |
|
| |
|
| |
|
| |
2 | For the purposes of section 14 and this Schedule a reference to paying |
| |
| |
| |
(b) | transferring money’s worth, and |
| 5 |
(c) | paying for goods or services at a price or rate which reflects the |
| |
opportunity to participate in an arrangement. |
| |
3 | It is immaterial for the purposes of section 14 and this Schedule— |
| |
(a) | to whom a payment is made, and |
| |
(b) | who receives benefit from a payment. |
| 10 |
4 | It is also immaterial for the purposes of section 14 and this Schedule whether |
| |
a person knows when he makes a payment that he thereby participates in an |
| |
| |
Stamps, telephone calls, &c. |
| |
5 (1) | For the purposes of section 14 and this Schedule a reference to paying does |
| 15 |
not include a reference to incurring the expense, at a normal rate, of— |
| |
(a) | sending a letter by ordinary post, |
| |
(b) | making a telephone call, or |
| |
(c) | using any other method of communication. |
| |
(2) | For the purpose of sub-paragraph (1)— |
| 20 |
(a) | a “normal rate” is a rate which does not reflect the opportunity to |
| |
| |
(b) | ordinary post means ordinary first-class or second-class post |
| |
(without special arrangements for delivery). |
| |
Payment to discover whether prize won |
| 25 |
6 | For the purposes of section 14 and this Schedule a requirement to pay in |
| |
order to discover whether a prize has been won under an arrangement shall |
| |
be treated as a requirement to pay in order to participate in the arrangement. |
| |
| |
7 | For the purposes of section 14 and this Schedule a requirement to pay in |
| 30 |
order to take possession of a prize which has or may have been allocated to |
| |
a person under an arrangement shall be treated as a requirement to pay in |
| |
order to participate in the arrangement. |
| |
| |
8 (1) | For the purposes of section 14 and this Schedule an arrangement shall not be |
| 35 |
treated as requiring persons to pay in order to participate if under the |
| |
| |
(a) | each individual who is eligible to participate has a choice whether to |
| |
participate by paying or by sending a communication, |
| |
(b) | the communication mentioned in paragraph (a) may be— |
| 40 |
(i) | a letter sent by ordinary post, or |
| |
|
| |
|
| |
|
(ii) | another method of communication which is neither more |
| |
expensive nor less convenient than entering the lottery by |
| |
| |
(c) | the choice is publicised in such a way as to be likely to come to the |
| |
attention of each individual who proposes to participate, and |
| 5 |
(d) | the system for allocating prizes does not differentiate between those |
| |
who participate by paying and those who participate by sending a |
| |
| |
(2) | In this paragraph “ordinary post” has the meaning given by paragraph |
| |
| 10 |
Power to make regulations |
| |
9 | Regulations under section 14(8) may, in particular, provide that an activity |
| |
of a specified kind or performed in specified circumstances is to be or not to |
| |
be treated as paying to enter a lottery. |
| |
| 15 |
| |
| |
| |
1 | The Gambling Commission shall consist of a chairman and other |
| |
commissioners appointed by the Secretary of State. |
| |
| 20 |
2 (1) | A commissioner shall hold and vacate office in accordance with the terms of |
| |
his appointment (subject to this Schedule). |
| |
(2) | A commissioner may resign by notice in writing to the Secretary of State. |
| |
(3) | If the Secretary of State thinks that a commissioner is unable, unfit or |
| |
unwilling to perform his functions, the Secretary of State may dismiss the |
| 25 |
| |
| |
(a) | shall hold and vacate office in accordance with the terms of his |
| |
appointment (subject to this Schedule), |
| |
(b) | may resign by notice in writing to the Secretary of State, and |
| 30 |
(c) | shall cease to be chairman if he ceases to be a commissioner. |
| |
4 | The Secretary of State may not appoint a person as commissioner— |
| |
(a) | for a period of more than five years, or |
| |
(b) | for periods (whether or not consecutive) exceeding ten years in |
| |
| 35 |
| |
5 (1) | The Commission may, with the Secretary of State’s consent as to terms and |
| |
conditions of employment, appoint a chief executive. |
| |
|
| |
|