|
| |
|
(5) | Before issuing guidance under subsection (1) the Commission shall also |
| |
consult, if and to the extent that the Commission thinks appropriate having |
| |
regard to the nature of the guidance— |
| |
(a) | one or more persons who appear to the Commission to represent chief |
| |
constables of police forces, and |
| 5 |
(b) | in such manner as the Commission thinks appropriate, members of the |
| |
| |
(6) | In this section “local authority” means— |
| |
(a) | in relation to England— |
| |
| 10 |
(ii) | a county council for a county in which there are no district |
| |
| |
(iii) | a London borough council, |
| |
(iv) | the Common Council of the City of London, and |
| |
(v) | the Council of the Isles of Scilly, |
| 15 |
(b) | in relation to Wales— |
| |
(i) | a county council, and |
| |
(ii) | a county borough council, and |
| |
(c) | in relation to Scotland, a licensing board constituted under section 1 of |
| |
the Licensing (Scotland) Act 1976 (c. 66). |
| 20 |
25 | Duty to advise Secretary of State |
| |
(1) | The Commission shall give advice to the Secretary of State about— |
| |
(a) | the incidence of gambling, |
| |
(b) | the manner in which gambling is carried on, |
| |
(c) | the effects of gambling, and |
| 25 |
(d) | the regulation of gambling. |
| |
(2) | Advice under this section shall be given— |
| |
(a) | in response to a request from the Secretary of State, and |
| |
(b) | on such other occasions as the Commission thinks appropriate. |
| |
(3) | The Commission shall send a copy of any advice under this section to the |
| 30 |
| |
26 | Investigation and prosecution of offences |
| |
| |
(a) | may investigate whether an offence has been committed under this Act, |
| |
| 35 |
(b) | may institute criminal proceedings in respect of an offence under this |
| |
| |
(2) | The power in subsection (1)(a) may be exercised whether in response to |
| |
information received by the Commission or otherwise. |
| |
(3) | Subsection (1)(b) shall not apply in relation to the institution of proceedings in |
| 40 |
| |
|
| |
|
| |
|
27 | Licensing authority information |
| |
(1) | The Commission may require a licensing authority to provide information |
| |
| |
(a) | forms part of a register maintained by the authority under this Act, or |
| |
(b) | is in the possession of the authority in connection with a provision of |
| 5 |
| |
(2) | A requirement under subsection (1) may include a requirement for information |
| |
| |
(a) | compiled or collated in a specified manner; |
| |
(b) | provided in a specified form. |
| 10 |
(3) | A licensing authority shall comply with a requirement under this section. |
| |
28 | Other exchange of information |
| |
(1) | The Commission may provide information received by it in the exercise of its |
| |
functions to any of the persons or bodies listed in Schedule 5— |
| |
(a) | for use in the exercise of the person’s or body’s functions, or |
| 15 |
(b) | for the purpose of a function of the Commission. |
| |
(2) | Any of the persons or bodies listed in Schedule 5 may provide to the |
| |
Commission, for use in the exercise of its functions, information received by |
| |
the person or body in the exercise of his or its functions. |
| |
(3) | Provision of information in reliance on this section may be subject to conditions |
| 20 |
(whether as to use, storage, disposal or otherwise). |
| |
29 | Consultation with National Lottery Commission |
| |
(1) | If in the course of the exercise of its functions the Gambling Commission |
| |
becomes aware of a matter about which the National Lottery Commission is |
| |
likely to have an opinion, the Gambling Commission shall consult the National |
| 25 |
| |
(2) | The Gambling Commission shall comply with any direction of the Secretary of |
| |
State (which may be general or specific) to consult the National Lottery |
| |
| |
| 30 |
| |
Provision of facilities for gambling |
| |
30 | Provision of facilities for gambling |
| |
(1) | A person commits an offence if he provides facilities for gambling unless— |
| |
(a) | an exception provided for in subsection (2) or (3) applies, or |
| 35 |
(b) | an exception provided for by any of the following provisions applies— |
| |
| |
(ii) | sections 254 and 256 (clubs and miners’ welfare institutes), |
| |
(iii) | section 264 (premises with alcohol licence), |
| |
|
| |
|
| |
|
(iv) | sections 272, 273 and 275 (prize gaming), |
| |
(v) | section 279 (private gaming and betting), and |
| |
(vi) | section 281 (non-commercial gaming). |
| |
(2) | Subsection (1) does not apply to any activity by a person if— |
| |
(a) | he holds an operating licence authorising the activity, and |
| 5 |
(b) | the activity is carried on in accordance with the terms and conditions of |
| |
| |
(3) | Subsection (1) does not apply to any activity by a person if— |
| |
(a) | he acts in the course of a business carried on by a person who holds an |
| |
operating licence authorising the activity, and |
| 10 |
(b) | the activity is carried on in accordance with the terms and conditions of |
| |
| |
(4) | A person guilty of an offence under this section shall be liable on summary |
| |
| |
(a) | imprisonment for a term not exceeding 51 weeks, |
| 15 |
(b) | a fine not exceeding level 5 on the standard scale, or |
| |
| |
(5) | In the application of subsection (4) to Scotland the reference to 51 weeks shall |
| |
have effect as a reference to six months. |
| |
| 20 |
Section 30 shall not apply to the provision of facilities for a lottery. |
| |
32 | Exception: gaming machines |
| |
Section 30 shall not apply to making a gaming machine available for use. |
| |
33 | Territorial application |
| |
(1) | For the purposes of section 30 it is immaterial whether facilities are provided— |
| 25 |
(a) | wholly or partly by means of remote communication; |
| |
(b) | subject to subsections (2) and (3), inside the United Kingdom, outside |
| |
the United Kingdom, or partly inside and partly outside. |
| |
(2) | Section 30 applies to the provision of facilities for non-remote gambling only if |
| |
anything done in the course of the provision of the facilities is done in Great |
| 30 |
| |
(3) | Section 30 applies to the provision of facilities for remote gambling only if at |
| |
least one piece of remote gambling equipment used in the provision of the |
| |
facilities is situated in Great Britain (but whether or not the facilities are |
| |
provided for use wholly or partly in the United Kingdom). |
| 35 |
(4) | In this Act “remote gambling equipment” means, subject to subsection (5), |
| |
electronic or other equipment used by or on behalf of a person providing |
| |
facilities for remote gambling— |
| |
(a) | to register a person’s participation in the gambling, |
| |
(b) | to present, to persons who are participating or may participate in the |
| 40 |
gambling, a virtual game, virtual race or other virtual event or process |
| |
by reference to which the gambling is conducted, |
| |
|
| |
|
| |
|
(c) | to determine all or part of a result or of the effect of a result, or |
| |
(d) | to accept payment in respect of gambling. |
| |
(5) | In this Act “remote gambling equipment” does not include a computer |
| |
| |
(a) | is used by a person to take advantage of remote gambling facilities |
| 5 |
provided by another person, and |
| |
(b) | is not provided by that other person. |
| |
| |
| |
(1) | A person commits an offence if he uses premises, or causes or permits premises |
| 10 |
| |
| |
(b) | provide facilities for the playing of bingo, |
| |
(c) | make a gaming machine available for use, |
| |
(d) | provide other facilities for gaming, or |
| 15 |
(e) | provide facilities for betting (whether by making or accepting bets, by |
| |
acting as a betting intermediary or by providing other facilities for the |
| |
making or accepting of bets). |
| |
(2) | Subsection (1) does not apply in relation to the use of premises by a person if |
| |
the use is authorised by a premises licence held by him. |
| 20 |
(3) | Subsection (1) does not apply in relation to the use of premises by a person if |
| |
he acts in the course of a business carried on by another person who holds a |
| |
premises licence authorising the use. |
| |
(4) | Subsection (1) does not apply in relation to the use of a track by a person for |
| |
accepting bets if the use is authorised by a premises licence (whether or not |
| 25 |
| |
(5) | Subsection (1) does not apply in relation to the use of a casino for the provision |
| |
of facilities for bingo or betting in accordance with an authorisation under |
| |
| |
(6) | Subsection (1) does not apply in relation to the use of premises to provide |
| 30 |
facilities which are to be used only by persons who are not on the premises. |
| |
(7) | Other exceptions to subsection (1) are provided in— |
| |
| |
(b) | section 199 (temporary use notice), |
| |
(c) | sections 231, 232 and 233 (gaming machines), |
| 35 |
(d) | sections 254, 256 and 258 (clubs and miners’ welfare institutes), |
| |
(e) | sections 264 and 267 (premises with alcohol licence), |
| |
(f) | section 269 (travelling fairs), |
| |
(g) | sections 272, 273 and 275 (prize gaming), |
| |
(h) | section 279 (private gaming and betting), and |
| 40 |
(i) | section 281 (non-commercial gaming). |
| |
(8) | A person guilty of an offence under this section 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 |
| |
| |
(9) | In the application of subsection (8) to Scotland the reference to 51 weeks shall |
| |
have effect as a reference to six months. |
| 5 |
35 | Power to amend section 34 |
| |
(1) | The Secretary of State may by order amend section 34(1) so as to— |
| |
(a) | add a gambling activity, |
| |
(b) | remove a gambling activity, or |
| |
(c) | vary the entry for a gambling activity. |
| 10 |
(2) | In subsection (1) “gambling activity” means an activity that is— |
| |
(a) | a kind of gambling, or |
| |
(b) | the provision of facilities for a kind of gambling. |
| |
(3) | In particular, an order under subsection (1) may have the effect of applying |
| |
section 34(1) to betting of the kind referred to in section 10(1). |
| 15 |
(4) | An order under subsection (1) may, in particular, make consequential |
| |
| |
| |
(b) | another provision of Part 8; |
| |
(c) | any provision of this Act, or of another enactment, that relates to Part 8. |
| 20 |
36 | Exception: occasional use notice |
| |
(1) | A person who accepts bets on a track, or who causes or permits premises to be |
| |
used for the acceptance of bets, does not commit an offence under section 34 |
| |
| |
(a) | a notice has been given under this section in respect of the track, and |
| 25 |
(b) | the activity is carried on in accordance with the notice. |
| |
(2) | A notice under this section (an “occasional use notice”) in respect of a track may |
| |
be given only by a person who is— |
| |
(a) | responsible for the administration of events on the track, or |
| |
(b) | an occupier of the track. |
| 30 |
(3) | An occasional use notice must— |
| |
(a) | be given in writing to the licensing authority for any area in which the |
| |
track is wholly or partly situated, and |
| |
| |
(i) | in England and Wales, the chief officer of police for any area in |
| 35 |
which the track is wholly or partly situated, or |
| |
(ii) | in Scotland, the chief constable of the police force maintained |
| |
for the police area comprising that area. |
| |
(4) | An occasional use notice must specify a day on which it has effect. |
| |
(5) | An occasional use notice may not be given in respect of a track for a day in a |
| 40 |
calendar year if eight occasional use notices have been given in respect of that |
| |
track for days in that year. |
| |
|
| |
|
| |
|
| |
(a) | “chief officer of police” has the meaning given by section 101(1) of the |
| |
Police Act 1996 (c. 16), and |
| |
(b) | a reference to a chief officer’s area is a reference to the area in respect of |
| |
which he has responsibility under that Act. |
| 5 |
(7) | The Secretary of State may by order amend subsection (5) so as to substitute a |
| |
different maximum number of occasional use notices for a calendar year. |
| |
(8) | An order under subsection (7) increasing the maximum number of occasional |
| |
use notices for a calendar year may also make provision prohibiting the giving |
| |
of a temporary use notice in a calendar year in respect of premises if a specified |
| 10 |
number of occasional use notices have been given in respect of the premises in |
| |
| |
37 | Exception: football pools |
| |
(1) | A person does not commit an offence under section 34 if he uses premises to do |
| |
anything in accordance with an authorisation under section 88(3). |
| 15 |
(2) | The Secretary of State may make regulations disapplying subsection (1) to |
| |
specified classes of premises. |
| |
| |
| |
(1) | A person commits an offence if in the course of a business he manufactures, |
| 20 |
supplies, installs or adapts gambling software unless he acts in accordance |
| |
with an operating licence. |
| |
(2) | In this Act “gambling software”— |
| |
(a) | means computer software for use in connection with remote gambling, |
| |
| 25 |
(b) | does not include anything for use solely in connection with a gaming |
| |
| |
(3) | A person guilty of an offence under this section shall be liable on summary |
| |
| |
(a) | imprisonment for a term not exceeding 51 weeks, |
| 30 |
(b) | a fine not exceeding level 5 on the standard scale, or |
| |
| |
| |
(1) | A person commits an offence if he— |
| |
(a) | cheats at gambling, or |
| 35 |
(b) | does anything for the purpose of enabling or assisting another person |
| |
| |
(2) | For the purposes of subsection (1) it is immaterial whether a person who |
| |
| |
(a) | improves his chances of winning anything, or |
| 40 |
| |
|
| |
|
| |
|
(3) | Without prejudice to the generality of subsection (1) cheating at gambling may, |
| |
in particular, consist of actual or attempted deception or interference in |
| |
| |
(a) | the process by which gambling is conducted, or |
| |
(b) | a real or virtual game, race or other event or process to which gambling |
| 5 |
| |
(4) | For the purposes of this section “gambling” includes entering a lottery which |
| |
forms part of the National Lottery. |
| |
(5) | A person guilty of an offence under this section shall be liable— |
| |
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| 10 |
two years, to a fine or to both, or |
| |
(b) | on summary conviction, to imprisonment for a term not exceeding 51 |
| |
weeks, to a fine not exceeding the statutory maximum or to both. |
| |
(6) | In the application of subsection (5) to Scotland the reference to 51 weeks shall |
| |
have effect as a reference to six months. |
| 15 |
(7) | Section 17 of the Gaming Act 1845 (c. 109) (winning by cheating) shall cease to |
| |
| |
| |
(1) | A person commits an offence if he— |
| |
(a) | invites another to join a chain-gift scheme, or |
| 20 |
(b) | knowingly participates in the promotion, administration or |
| |
management of a chain-gift scheme. |
| |
(2) | An arrangement is a “chain-gift” scheme if— |
| |
(a) | in order to participate in the arrangement a person must make a |
| |
payment to one or more other participants (a “joining fee”), and |
| 25 |
(b) | each person who participates in the arrangement— |
| |
(i) | is required or invited to invite others to participate, and |
| |
(ii) | is encouraged to believe that he will receive the joining fees, or |
| |
part of the joining fees, of other participants, to an amount in |
| |
excess of the joining fee paid by him. |
| 30 |
(3) | For the purposes of subsection (2)— |
| |
(a) | “payment” means a payment of money or money’s worth, but does not |
| |
include the provision of goods or services, and |
| |
(b) | it is immaterial whether a payment is made directly or through a |
| |
person responsible for managing or administering the scheme. |
| 35 |
(4) | A person guilty of an offence under this section shall be liable on summary |
| |
| |
(a) | imprisonment for a period not exceeding 51 weeks, |
| |
(b) | a fine not exceeding level 5 on the standard scale, or |
| |
| 40 |
41 | Provision of unlawful facilities abroad |
| |
(1) | A person commits an offence if he does anything in Great Britain, or uses |
| |
remote gambling equipment situated in Great Britain, for the purpose of |
| |
|
| |
|