Gambling Bill

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

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
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
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.