Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 10 — Gaming Machines
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(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,
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(e)
a machine is not a gaming machine if—
(i)
it is designed or adapted for the playing of bingo, and

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(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—
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(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—
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(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
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(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
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(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
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(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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(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.
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(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
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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—
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(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
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(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—

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(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;
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(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
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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.