|
| |
| |
| |
(1) | A person commits an offence if— |
| |
(a) | he makes a gaming machine (“the first gaming machine”) available for |
| |
| |
(b) | the amount or value of a prize available through use of the first gaming |
| 5 |
machine is or may be wholly or partly determined by reference to use |
| |
made of another gaming machine (“the linked gaming machine”). |
| |
(2) | But subsection (1) does not apply where— |
| |
(a) | the person who makes the first gaming machine available for use is the |
| |
holder of a casino premises licence, and |
| 10 |
(b) | the first gaming machine and the linked gaming machine are situated |
| |
| |
(3) | The Secretary of State may by order amend, or modify the effect of, subsection |
| |
(2) so that subsection (1) is disapplied to the linking of machines in casinos |
| |
whether or not the machines are situated on the same premises— |
| 15 |
(a) | to such extent as the order may specify, |
| |
(b) | in such circumstances as the order may specify, and |
| |
(c) | subject to such conditions as the order may specify. |
| |
| |
(1) | A person commits an offence if he supplies, installs or makes available for use |
| 20 |
a gaming machine which is designed or adapted to permit money to be paid |
| |
by means of a credit card. |
| |
(2) | In this section “credit card” means a card which is a credit-token within the |
| |
meaning of section 14 of the Consumer Credit Act 1974 (c. 39). |
| |
| 25 |
(1) | A person guilty of an offence under this Part shall be liable on summary |
| |
| |
(a) | imprisonment for a term not exceeding 51 weeks, |
| |
(b) | a fine not exceeding level 5 on the standard scale, or |
| |
| 30 |
(2) | In the application of subsection (1) to Scotland the reference to 51 weeks shall |
| |
have effect as a reference to six months. |
| |
| |
231 | Family entertainment centre gaming machine permit |
| |
(1) | A person does not commit an offence under section 34 or 226 if he makes a |
| 35 |
Category D gaming machine available for use in accordance with a family |
| |
entertainment centre gaming machine permit. |
| |
(2) | A family entertainment centre gaming machine permit is a permit issued by a |
| |
licensing authority authorising a person to make Category D gaming machines |
| |
available for use in a specified family entertainment centre. |
| 40 |
| |
| |
|
| |
| |
(3) | Schedule 8 makes further provision about family entertainment centre gaming |
| |
| |
| |
A person does not commit an offence under section 34 or 226 if— |
| |
(a) | he makes a gaming machine available for use by an individual, and |
| 5 |
(b) | the individual does not, by using the machine, acquire an opportunity |
| |
| |
| |
(1) | A person does not commit an offence under section 34 or 226 if— |
| |
(a) | he makes a gaming machine available for use by an individual, and |
| 10 |
(b) | the individual does not, by using the machine, acquire an opportunity |
| |
to win a prize of a value in excess of the amount that he pays for or in |
| |
connection with his use of the machine. |
| |
(2) | For the purpose of subsection (1)(b)— |
| |
(a) | the reference to paying includes a reference to— |
| 15 |
(i) | paying money by way of an entrance charge, |
| |
(ii) | using a coin to activate a gaming machine where the coin will |
| |
not or may not be returned, |
| |
(iii) | transferring money’s worth, and |
| |
(iv) | paying for goods or services at a price or rate which reflects the |
| 20 |
opportunity to use a gaming machine, and |
| |
| |
(i) | to whom payment is made, and |
| |
(ii) | who receives benefit from the payment. |
| |
234 | Single-machine supply and maintenance permits |
| 25 |
(1) | A person does not commit an offence under section 30 or 227(1) by reason only |
| |
of the fact that he supplies, repairs, installs or maintains a gaming machine or |
| |
part of a gaming machine in accordance with a permit under this section. |
| |
(2) | A person may apply to the Commission for a permit authorising him to supply, |
| |
repair, install or maintain a gaming machine or part of a gaming machine. |
| 30 |
(3) | An application under this section must— |
| |
| |
(b) | specify the gaming machine or part in relation to which the permit is |
| |
| |
(c) | give such details of the activity in relation to which the permit is sought |
| 35 |
as the Commission may direct, |
| |
(d) | be in such form, and contain such other information, as the |
| |
Commission may direct, and |
| |
(e) | be accompanied by the prescribed fee. |
| |
(4) | On consideration of an application under this section the Commission may— |
| 40 |
(a) | grant the application and issue a permit to the applicant, or |
| |
(b) | refuse the application. |
| |
| |
| |
|
| |
| |
(5) | The Commission may grant an application under this section only if satisfied |
| |
that the licensing objectives are irrelevant to the activity for which the permit |
| |
| |
(6) | A permit under this section must specify— |
| |
(a) | a period, not exceeding one year, during which it has effect, |
| 5 |
(b) | the machine or part to which it relates, and |
| |
(c) | the activities which it authorises. |
| |
(7) | A permit under this section may be subject to a condition attached by the |
| |
| |
(8) | In subsection (3)(e) “prescribed” means prescribed by regulations made by the |
| 10 |
| |
| |
235 | Territorial application |
| |
| |
(a) | to anything done in relation to a gaming machine which (or any part of |
| 15 |
which) is situated in Great Britain, and |
| |
(b) | to anything done in Great Britain in relation to a gaming machine |
| |
(irrespective of where it is situated). |
| |
| |
| 20 |
| |
| |
(1) | For the purposes of this Act a person promotes a lottery if he makes or |
| |
participates in making the arrangements for a lottery. |
| |
(2) | In particular, a person promotes a lottery if he— |
| 25 |
(a) | makes arrangements for the printing of lottery tickets, |
| |
(b) | makes arrangements for the printing of promotional material, |
| |
(c) | arranges for the distribution or publication of promotional material, |
| |
(d) | possesses promotional material with a view to its distribution or |
| |
| 30 |
(e) | makes other arrangements to advertise a lottery, |
| |
(f) | invites a person to participate in a lottery, |
| |
(g) | sells or supplies a lottery ticket, |
| |
(h) | offers to sell or supply a lottery ticket, |
| |
(i) | possesses a lottery ticket with a view to its sale or supply, |
| 35 |
(j) | does or offers to do anything by virtue of which a person becomes a |
| |
member of a class among whom prizes in a lottery are to be allocated, or |
| |
(k) | uses premises for the purpose of allocating prizes or for any other |
| |
purpose connected with the administration of a lottery. |
| |
(3) | In subsection (2) “promotional material” means a document which— |
| 40 |
| |
| |
|
| |
| |
(a) | advertises a specified lottery, |
| |
(b) | invites participation in a specified lottery, |
| |
(c) | contains information about how to participate in a specified lottery, or |
| |
(d) | lists winners in a specified lottery. |
| |
(4) | Where arrangements for a lottery are made by an external lottery manager on |
| 5 |
behalf of a society or authority, for the purposes of this Act both the external |
| |
lottery manager and the society or authority promote the lottery. |
| |
| |
(1) | For the purposes of this Act a document or article is a lottery ticket if it confers, |
| |
or can be used to prove, membership of a class for the purpose of the allocation |
| 10 |
| |
(2) | A reference in this Act to the sale or supply of a lottery ticket by a person |
| |
includes a reference to a person doing anything as a result of which another |
| |
person becomes a member of the class among whom prizes in a lottery are to |
| |
| 15 |
(3) | A reference in this Act to purchase of a lottery ticket includes a reference to any |
| |
action by a person as a result of which he becomes a member of the class among |
| |
whom prizes in a lottery are to be allocated. |
| |
| |
(1) | In this Act a reference to the proceeds of a lottery is a reference to the aggregate |
| 20 |
of amounts paid in respect of the purchase of lottery tickets. |
| |
(2) | In this Act a reference to the profits of a lottery is a reference to— |
| |
(a) | the proceeds of the lottery, minus |
| |
(b) | amounts deducted by the promoters of the lottery in respect of— |
| |
(i) | the provision of prizes, |
| 25 |
(ii) | sums to be made available for allocation in another lottery in |
| |
accordance with a rollover, or |
| |
(iii) | other costs reasonably incurred in organising the lottery. |
| |
| |
In this Act “draw”, in relation to a lottery, includes any process by which a |
| 30 |
prize in the lottery is allocated. |
| |
| |
(1) | In this Act “rollover” in relation to a lottery means an arrangement whereby the |
| |
fact that a prize is not allocated or claimed in one lottery increases the value of |
| |
the prizes available for allocation in another lottery. |
| 35 |
(2) | For the purposes of this Act where prizes are allocated by means of more than |
| |
| |
(a) | the draws together constitute a single lottery if the class of persons |
| |
among whom prizes are allocated is (and, by virtue of arrangements for |
| |
the sale or supply of tickets, must be) the same in the case of each draw, |
| 40 |
| |
| |
| |
|
| |
| |
(b) | otherwise, the arrangements for each draw constitute a separate lottery. |
| |
241 | External lottery manager |
| |
A person acts as an external lottery manager for the purposes of this Act if he |
| |
makes arrangements for a lottery on behalf of a society or authority of which |
| |
| 5 |
| |
| |
(c) | an employee under a contract of employment. |
| |
| |
| 10 |
(1) | A person commits an offence if he promotes a lottery unless— |
| |
(a) | the exception in subsection (2) or (3) applies, or |
| |
(b) | the lottery is an exempt lottery. |
| |
(2) | This section does not apply to activity by a person if— |
| |
(a) | he holds an operating licence authorising the activity, and |
| 15 |
(b) | he acts in accordance with the terms and conditions of the licence. |
| |
(3) | This section does not apply to activity by a person if— |
| |
(a) | he acts, otherwise than as an external lottery manager, on behalf of a |
| |
person who holds an operating licence authorising the activity, and |
| |
(b) | the activity is carried on in accordance with the terms and conditions of |
| 20 |
| |
(4) | It is a defence for a person charged with an offence under this section to show |
| |
that he reasonably believed that— |
| |
(a) | he was not committing the offence by reason of subsection (1)(b), (2) or |
| |
| 25 |
(b) | that the arrangement to which the charge relates was not a lottery, or |
| |
(c) | that the arrangement to which the charge relates was a lottery forming |
| |
part of the National Lottery. |
| |
(5) | In this Act “exempt lottery” means a lottery which is exempt by virtue of a |
| |
| 30 |
243 | Facilitating a lottery |
| |
(1) | A person commits an offence if he facilitates a lottery unless— |
| |
(a) | the exception in subsection (3) applies, or |
| |
(b) | the lottery is an exempt lottery. |
| |
(2) | For the purposes of this section a person facilitates a lottery if (and only if) he— |
| 35 |
(a) | prints lottery tickets for a specified lottery, |
| |
(b) | prints promotional material for a specified lottery, or |
| |
(c) | advertises a specified lottery. |
| |
(3) | This section does not apply to activity by a person if he acts in accordance with |
| |
the terms and conditions of an operating licence. |
| 40 |
| |
| |
|
| |
| |
(4) | It is a defence for a person charged with an offence under this section to show |
| |
that he reasonably believed— |
| |
(a) | that he was not committing the offence by reason of subsection (1)(b) or |
| |
| |
(b) | that the arrangement to which the charge relates was not a lottery, or |
| 5 |
(c) | that the arrangement to which the charge relates was a lottery forming |
| |
part of the National Lottery. |
| |
(5) | In subsection (2)(b) “promotional material” means a document which— |
| |
(a) | advertises a specified lottery, |
| |
(b) | invites participation in a specified lottery, |
| 10 |
(c) | contains information about how to participate in a specified lottery, or |
| |
(d) | lists winners in a specified lottery. |
| |
244 | Misusing profits of lottery |
| |
(1) | This section applies to a lottery in respect of which the promoter has stated (in |
| |
whatever terms) a fund-raising purpose for the promotion of the lottery. |
| 15 |
(2) | A person commits an offence if he uses any part of the profits of a lottery to |
| |
which this section applies for a purpose other than that stated. |
| |
(3) | The reference in subsection (2) to using profits includes a reference to |
| |
permitting profits to be used. |
| |
(4) | In subsection (1) the reference to a statement of a purpose for the promotion of |
| 20 |
a lottery is a reference to a statement appearing— |
| |
(a) | on lottery tickets, or |
| |
(b) | in an advertisement for the lottery. |
| |
(5) | In subsection (4)(b) “advertisement” in relation to a lottery includes any |
| |
written notice announcing that a lottery will take place or inviting people to |
| 25 |
participate in a lottery (in either case whether or not it also gives other |
| |
| |
245 | Misusing profits of exempt lottery |
| |
(1) | This section applies to the following kinds of lottery— |
| |
(a) | an incidental non-commercial lottery (within the meaning of Part 1 of |
| 30 |
| |
(b) | a private society lottery (within the meaning of Part 2 of that Schedule), |
| |
| |
(c) | a small society lottery (within the meaning of Part 4 of that Schedule). |
| |
(2) | A person commits an offence if he uses any part of the profits of a lottery to |
| 35 |
which this section applies for a purpose other than one for which the lottery is |
| |
permitted to be promoted in accordance with Schedule 9. |
| |
(3) | Subsection (3) of section 244 shall have effect for the purpose of this section as |
| |
it has effect for the purpose of that section. |
| |
246 | Small society lottery: breach of condition |
| 40 |
A non-commercial society commits an offence if— |
| |
| |
| |
|
| |
| |
(a) | a lottery, purporting to be an exempt lottery under Part 4 of Schedule |
| |
9, is promoted on the society’s behalf wholly or partly at a time when |
| |
the society is not registered with a local authority in accordance with |
| |
| |
(b) | the society fails to comply with the requirements of paragraph 40 of |
| 5 |
| |
(c) | the society provides false or misleading information for the purposes of |
| |
paragraph 40 of that Schedule. |
| |
| |
(1) | A person guilty of an offence under this Part shall be liable on summary |
| 10 |
| |
(a) | imprisonment for a term not exceeding 51 weeks, |
| |
(b) | a fine not exceeding level 5 on the standard scale, or |
| |
| |
(2) | In the application of subsection (1) to Scotland the reference to 51 weeks shall |
| 15 |
have effect as a reference to six months. |
| |
| |
248 | Preventing repetitive play |
| |
(1) | The Secretary of State may make regulations— |
| |
(a) | requiring the Commission to attach to lottery operating licences under |
| 20 |
section 71 a specified condition; |
| |
(b) | attaching a specified condition to lottery operating licences; |
| |
(c) | making a specified condition an additional condition to be satisfied by |
| |
an exempt lottery under paragraph 1(1)(b), 9(1)(b), 20(1)(c) or 30(1)(c) |
| |
| 25 |
(2) | A condition specified under subsection (1) must be intended by the Secretary |
| |
of State to reduce the temptation, or to limit the opportunity, for a person to |
| |
enter a number of lotteries in succession. |
| |
(3) | Regulations under this section may, in particular— |
| |
(a) | make provision generally or only in relation to a specified description |
| 30 |
of lottery or only in relation to specified circumstances; |
| |
(b) | provide for exceptions or alternatives; |
| |
(c) | apply irrespective of whether a succession of lotteries is promoted by |
| |
the same person or by different persons. |
| |
249 | Exclusion of the National Lottery |
| 35 |
The preceding provisions of this Part do not apply to a lottery which forms part |
| |
| |
| |
250 | Territorial application |
| |
(1) | This Part applies to anything done in relation to a lottery— |
| 40 |
| |
| |
|
