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Gambling Bill


Gambling Bill
Part 18 — Miscellaneous and General

148

 

(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

determined by computer.

(4)   

A requirement under this Act to give a notice (or to notify) is a requirement to

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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

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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.

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331     

Crown application

(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

this Act—

(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

circumstances, and

(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

subsection (1).

(3)   

Regulations or rules under this Act, or an order of the Secretary of State under

this Act, shall be made by statutory instrument.

 
 

Gambling Bill
Part 18 — Miscellaneous and General

149

 

(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—

(a)   

section 4,

(b)   

section 6,

5

(c)   

section 7,

(d)   

section 14,

(e)   

section 74,

(f)   

section 116,

(g)   

section 158,

10

(h)   

section 159, and

(i)   

section 220.

(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

House of Parliament.

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)).

(7)   

Subsection (6)—

(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,

and

(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

Parliament.

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

 
 

Gambling Bill
Part 18 — Miscellaneous and General

150

 

(i)   

the Lotteries and Amusements Act 1976 (c. 32).

(4)   

The enactments listed in Schedule 14 are hereby repealed to the extent

specified.

(5)   

A repeal in that Schedule shall have the same extent as the provision repealed.

334     

Money

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.

335     

Commencement

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

section 332(1))—

(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

circumstances.

(3)   

Schedule 15 (transitional) shall have effect.

336     

Extent

30

(1)   

The following provisions of this Act extend to England and Wales, Scotland

and Northern Ireland—

(a)   

section 40, and

(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

(b)   

Scotland.

(3)   

This section is subject to section 333.

337     

Short title

This Act may be cited as the Gambling Act 2005.

40

 
 

151

Gambling Bill
Schedule 1 — Betting: Prize Competitions: Definition of Payment to Enter

 

Schedules

Schedule 1

Section 11

 

Betting: Prize Competitions: Definition of Payment to Enter

Introduction

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.

Meaning of payment

2          

For the purposes of section 11 and this Schedule a reference to paying

includes a reference to—

10

(a)   

paying money,

(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

prize, and

(b)   

ordinary post means ordinary first-class or second-class post

(without special arrangements for delivery).

 

 

Gambling Bill
Schedule 2 — Lotteries: Definition of Payment to Enter

152

 

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.

Payment to claim prize

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

in the arrangement.

Choice of free entry

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

arrangement—

(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

communication.

      (2)  

In this paragraph “ordinary post” has the meaning given by paragraph

25

5(2)(b).

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

arrangement.

Schedule 2

Section 14

 

Lotteries: Definition of Payment to Enter

Introduction

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.

 

 

Gambling Bill
Schedule 2 — Lotteries: Definition of Payment to Enter

153

 

Meaning of payment

2          

For the purposes of section 14 and this Schedule a reference to paying

includes a reference to—

(a)   

paying money,

(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

arrangement.

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

enter a lottery, and

(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.

Payment to claim prize

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.

Choice of free entry

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

arrangement—

(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

 

 

Gambling Bill
Schedule 3 — The Gambling Commission

154

 

(ii)   

another method of communication which is neither more

expensive nor less convenient than entering the lottery by

paying,

(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

communication.

      (2)  

In this paragraph “ordinary post” has the meaning given by paragraph

5(2)(b).

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.

Schedule 3

15

Section 19

 

The Gambling Commission

Constitution

1          

The Gambling Commission shall consist of a chairman and other

commissioners appointed by the Secretary of State.

Tenure

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

commissioner.

3          

The chairman—

(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

aggregate.

35

Staff

5     (1)  

The Commission may, with the Secretary of State’s consent as to terms and

conditions of employment, appoint a chief executive.

 

 

 
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