|
| |
| |
| |
| |
(1) | A constable, enforcement officer or authorised person exercising a power |
| |
under or by virtue of this Part to enter premises may— |
| |
(a) | inspect any part of the premises and any machine or other thing on the |
| 5 |
| |
(b) | question any person on the premises; |
| |
(c) | require access to any written or electronic record which is kept on the |
| |
| |
(d) | require to be supplied with a copy, in such form as he directs, of an |
| 10 |
entry in a written or electronic record which is kept on the premises; |
| |
(e) | remove and retain anything if he reasonably believes that it constitutes |
| |
| |
(i) | the commission of an offence under this Act, or |
| |
(ii) | the breach of a term or condition of a licence issued under this |
| 15 |
| |
(f) | remove and retain anything if he reasonably believes that it is being |
| |
used or has been used in the commission of an offence under this Act. |
| |
(2) | The Secretary of State may by regulations make provision about the treatment |
| |
| 20 |
(a) | copies supplied under subsection (1)(d), and |
| |
(b) | things removed under subsection (1)(e) or (f). |
| |
(3) | Regulations under subsection (2) may, in particular, make provision— |
| |
(a) | about the retention, use, return, disposal or destruction of anything |
| |
| 25 |
(b) | conferring a right of appeal. |
| |
(4) | The Secretary of State may by regulations make provision about the procedure |
| |
to be followed in the exercise of a power under this section. |
| |
(5) | Nothing in this Part authorises action to be taken in respect of anything of a |
| |
kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 |
| 30 |
(c. 60) (legally privileged material, &c.). |
| |
(6) | A person exercising a power under or by virtue of this Part shall have regard |
| |
to any relevant provision of a code of practice under that Act (and guidance |
| |
under section 24 may refer to a provision of a code). |
| |
| 35 |
(1) | A power under this Part to enter premises without a warrant does not apply in |
| |
| |
(2) | A justice of the peace may on the application of a constable, enforcement officer |
| |
or authorised person issue a warrant authorising a constable, enforcement |
| |
officer or authorised person to enter premises if the justice of the peace is |
| 40 |
| |
(a) | that, but for subsection (1), a constable, enforcement officer or |
| |
authorised person would be able to enter the premises without a |
| |
warrant in reliance on a provision of this Part, and |
| |
| |
| |
|
| |
| |
(b) | that at least one of the conditions in subsection (3) is satisfied. |
| |
(3) | Those conditions are— |
| |
(a) | that admission to the premises has been refused, |
| |
(b) | that admission to the premises is likely to be refused unless a warrant |
| |
| 5 |
(c) | that the purpose of entry may be frustrated or seriously prejudiced |
| |
unless a constable, enforcement officer or authorised person arriving at |
| |
the premises can secure immediate entry, and |
| |
(d) | that there is likely to be nobody at the premises capable of granting |
| |
| 10 |
(4) | A warrant may be granted in reliance on subsection (3)(a) or (b) only if the |
| |
justice of the peace is satisfied— |
| |
(a) | that notice has been given to a person occupying the premises, or |
| |
having responsibility for their management, of intent to apply for a |
| |
| 15 |
(b) | that the purpose of entry may be frustrated or seriously prejudiced by |
| |
the giving of notice under paragraph (a). |
| |
(5) | A warrant under subsection (2) shall cease to have effect at the end of the |
| |
period of 28 days beginning with the day of issue. |
| |
| 20 |
(1) | A constable, enforcement officer or authorised person exercising a power of |
| |
entry under or by virtue of this Part may exercise a power under section |
| |
297(1)(c) to (e) in relation to records (whether written or electronic) only if the |
| |
records relate entirely to the matters to which the power of entry relates. |
| |
(2) | A justice of the peace may on the application of a constable, enforcement officer |
| 25 |
or authorised person issue a warrant disapplying subsection (1) to a specified |
| |
extent if the justice of the peace is satisfied that the disapplication is necessary. |
| |
(3) | A warrant may be granted under subsection (2) only if the justice of the peace |
| |
| |
(a) | that notice has been given to a person in control of the records of intent |
| 30 |
to apply for a warrant, or |
| |
(b) | that the purpose of exercising the power of entry may be frustrated or |
| |
seriously prejudiced by the giving of notice under paragraph (a). |
| |
(4) | A warrant under subsection (2) shall cease to have effect at the end of the |
| |
period of 28 days beginning with the day of issue. |
| 35 |
| |
A power under or by virtue of this Part may be exercised only at a reasonable |
| |
| |
301 | Evidence of authorisation |
| |
An enforcement officer or authorised person seeking to exercise a power under |
| 40 |
or by virtue of this Part must produce evidence of his identity and authority to |
| |
a person (if there is one) who appears to the enforcement officer or authorised |
| |
| |
| |
|
| |
| |
person to be occupying the relevant premises or to have responsibility for their |
| |
| |
| |
(1) | The Secretary of State shall make regulations requiring a person who exercises |
| |
a power under or by virtue of this Part to provide information about the power |
| 5 |
| |
(2) | Regulations under subsection (1) shall, in particular, make provision about— |
| |
(a) | the information to be provided (which may include ancillary |
| |
information about a provision of this Act or another enactment or about |
| |
| 10 |
(b) | the form and manner in which the information is to be provided; |
| |
(c) | the person to whom, or the place at which, the information is to be |
| |
provided (which may, in particular, include provision for the supply of |
| |
a copy if requested by a person within a specified class); |
| |
| 15 |
(3) | A constable, enforcement officer or authorised person exercising a power |
| |
under or by virtue of this Part shall comply with any relevant provision of |
| |
regulations under this section. |
| |
| |
(1) | A constable may use reasonable force for the purpose of entering premises in |
| 20 |
pursuance of a power under or by virtue of this Part. |
| |
(2) | An enforcement officer may use reasonable force for the purpose of entering |
| |
premises in pursuance of a power under or by virtue of section 287 or 288. |
| |
(3) | An authorised person may use reasonable force for the purpose of entering |
| |
premises in pursuance of a power under section 288. |
| 25 |
304 | Securing premises after entry |
| |
A person who enters premises in reliance on a power under or by virtue of this |
| |
Part shall take reasonable steps to ensure that when he leaves the premises they |
| |
are as secure as they were before he entered. |
| |
| 30 |
(1) | A person commits an offence if without reasonable excuse he obstructs, or fails |
| |
to cooperate with, a constable, enforcement officer or authorised person who is |
| |
exercising or seeking to exercise a power under or by virtue of this Part. |
| |
(2) | A person guilty of an offence under this section shall be liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale. |
| 35 |
| |
| |
|
| |
| |
| |
| |
306 | Meaning of “advertising” |
| |
(1) | For the purposes of this Act a person advertises gambling if— |
| |
(a) | he does anything to encourage one or more persons to take advantage |
| 5 |
(whether directly or through an agent) of facilities for gambling, |
| |
(b) | with a view to increasing the use of facilities for gambling, he brings |
| |
them or information about them to the attention of one or more |
| |
| |
(c) | he participates in or facilitates an activity knowing or believing that it |
| 10 |
| |
(i) | encourage one or more persons to take advantage (whether |
| |
directly or through an agent) of facilities for gambling, or |
| |
(ii) | increase the use of facilities for gambling by bringing them or |
| |
information about them to the attention of one or more persons. |
| 15 |
(2) | For the purposes of subsection (1) a person shall be treated as bringing facilities |
| |
for gambling to the attention of one or more persons with a view to increasing |
| |
the use of the facilities if— |
| |
(a) | he enters into arrangements (whether by way of sponsorship, brand- |
| |
sharing or otherwise) under which a name is displayed in connection |
| 20 |
with an event or product, and |
| |
| |
(i) | the provision of facilities for gambling is the sole or main |
| |
activity undertaken under that name, or |
| |
(ii) | the manner or context in which the name is displayed is |
| 25 |
designed to draw attention to the fact that facilities for gambling |
| |
are provided under that name. |
| |
| |
(1) | The Secretary of State may make regulations controlling the advertising of |
| |
| 30 |
(2) | The regulations may, in particular, make provision about— |
| |
(a) | the form of advertisements; |
| |
(b) | the content of advertisements; |
| |
| |
| 35 |
(3) | Regulations by virtue of subsection (2)(b) may, in particular, require specified |
| |
words to be included in advertisements. |
| |
(4) | In making regulations under this section the Secretary of State shall, in |
| |
particular, have regard to the need to protect children and other vulnerable |
| |
persons from being harmed or exploited by gambling. |
| 40 |
(5) | A person commits an offence if he contravenes a requirement of regulations |
| |
| |
(6) | Regulations under this section may provide defences (whether similar to those |
| |
provided by section 309 or otherwise). |
| |
| |
| |
|
| |
| |
(7) | A person guilty of an offence under subsection (5) 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 |
| |
| 5 |
(8) | Regulations under this section may, in particular, make provision generally or |
| |
| |
(a) | specified classes of gambling, |
| |
(b) | specified classes of advertisement, or |
| |
(c) | activity undertaken in or in connection with specified places. |
| 10 |
| |
(1) | Regulations under section 307 may not make provision about advertising by |
| |
way of television or radio services to which section 319 of the Communications |
| |
Act 2003 (c. 21) applies. |
| |
(2) | The Office of Communications shall under that section set, review and revise |
| 15 |
standards in respect of advertisements for gambling. |
| |
(3) | In complying with subsection (2) the Office of Communications— |
| |
(a) | shall consult the Gambling Commission, and |
| |
(b) | shall ensure that the standards reflect the provisions of regulations |
| |
| 20 |
(4) | Regulations under section 307 may not make provision about advertising by |
| |
| |
(a) | is provided by the British Broadcasting Corporation, and |
| |
(b) | would be licensable under Part 1 or 3 of the Broadcasting Act 1990 |
| |
(c. 42) or under Part 1 or 2 of the Broadcasting Act 1996 (c. 55) were it |
| 25 |
provided by a person subject to licensing under that Part. |
| |
| |
(1) | A person commits an offence if he advertises unlawful gambling. |
| |
(2) | For the purposes of this section advertised gambling is unlawful if— |
| |
(a) | in order for the gambling to take place as advertised without the |
| 30 |
commission of an offence under this Act it would or might be necessary |
| |
to rely on a licence, notice, permit or registration under this Act or an |
| |
an exception to an offence under this Act, and |
| |
(b) | at the time of advertising— |
| |
(i) | arrangements for a licence, notice, permit or registration, |
| 35 |
sufficient to prevent the commission of an offence under this |
| |
Act if the gambling takes place as advertised, have not been |
| |
| |
(ii) | the arrangements for the gambling as advertised are not such as |
| |
to ensure that an exception to the offence will apply. |
| 40 |
(3) | Subsection (1) does not apply to anything done by way of promoting a lottery. |
| |
(4) | It is a defence for a person charged with an offence under subsection (1) by |
| |
reference to action of a kind described in section 306(1)(a) or (b) to show that |
| |
he reasonably believed that the advertised gambling was lawful. |
| |
| |
| |
|
| |
| |
(5) | Where a person acts in a way described in section 306(1)(c) he commits the |
| |
offence under subsection (1) above only if he knows or should know that the |
| |
advertised gambling is unlawful. |
| |
(6) | A person does not commit an offence under subsection (1) by reason only of |
| |
delivering, transmitting or broadcasting a communication or making data |
| 5 |
| |
(a) | he acts in the course of a business of delivering, transmitting or |
| |
broadcasting communications (in whatever form or by whatever |
| |
means) or making data available, and |
| |
(b) | the nature of the business is such that persons undertaking it have no |
| 10 |
control over the nature or content of the communications or data. |
| |
(7) | 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 |
| 15 |
| |
(8) | In the application of subsection (7) to Scotland the reference to 51 weeks shall |
| |
have effect as a reference to six months. |
| |
| |
(1) | A person commits an offence if he advertises foreign gambling. |
| 20 |
(2) | In this section “foreign gambling” means— |
| |
(a) | non-remote gambling which is to take place in a non-EEA State, and |
| |
(b) | remote gambling none of the arrangements for which are subject to the |
| |
law about gambling of an EEA State (whether by being regulated, |
| |
exempted, prohibited or otherwise). |
| 25 |
(3) | The Secretary of State may by regulations provide that a specified country is to |
| |
be treated for the purposes of subsection (2) as if it were an EEA State. |
| |
(4) | A person guilty of an offence under subsection (1) 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 |
| |
| |
311 | Territorial application: non-remote advertising |
| |
(1) | Regulations under section 307 shall apply to anything in the way of advertising |
| |
| 35 |
(a) | in Great Britain, and |
| |
(b) | otherwise than by way of remote communication. |
| |
(2) | The prohibitions in sections 309(1) and 310(1) apply to anything in the way of |
| |
advertising which is done— |
| |
(a) | in Great Britain, and |
| 40 |
(b) | otherwise than by way of remote communication. |
| |
(3) | For the purposes of this section the following are immaterial— |
| |
| |
| |
|
| |
| |
(a) | the nature of gambling to which advertising relates (whether remote or |
| |
| |
(b) | the location of the gambling to which advertising relates. |
| |
312 | Territorial application: remote advertising |
| |
(1) | Regulations under section 307 shall have effect in relation to advertising by |
| 5 |
way of remote communication only if— |
| |
(a) | the advertising satisfies the test in subsection (4), |
| |
(b) | the advertising satisfies the additional test in subsection (5) or (6), if |
| |
| |
(c) | the gambling to which the advertising relates satisfies the test in |
| 10 |
| |
(2) | The prohibition in section 309(1) applies to advertising by way of remote |
| |
| |
(a) | the advertising satisfies the test in subsection (4), |
| |
(b) | the advertising satisfies the additional test in subsection (5) or (6), if |
| 15 |
| |
(c) | the gambling to which the advertising relates satisfies the test in |
| |
| |
(3) | The prohibition in section 310(1) applies to advertising by way of remote |
| |
communication only if the advertising satisfies the test in subsection (4). |
| 20 |
(4) | The test referred to in subsections (1)(a), (2)(a) and (3) is that the advertising |
| |
| |
(a) | providing information, by whatever means (and whether or not using |
| |
remote communication), intended to come to the attention of one or |
| |
more persons in Great Britain, |
| 25 |
(b) | sending a communication intended to come to the attention of one or |
| |
more persons in Great Britain, |
| |
(c) | making data available with a view to its being accessed by one or more |
| |
persons in Great Britain, or |
| |
(d) | making data available in circumstances such that it is likely to be |
| 30 |
accessed by one or more persons in Great Britain. |
| |
(5) | In the case of a broadcast by television, the additional test is that the |
| |
| |
(a) | is under the jurisdiction of the United Kingdom for the purposes of |
| |
Directive 89/552/EEC on the coordination of provisions concerning |
| 35 |
television broadcasting, or |
| |
(b) | is not under the jurisdiction of an EEA State for the purposes of that |
| |
| |
(6) | In the case of the dissemination of information by way of an information |
| |
society service within the meaning of Directive 2000/31/EC on electronic |
| 40 |
commerce, the additional test is that the service provider— |
| |
(a) | is established in the United Kingdom for the purposes of that Directive, |
| |
(b) | is established in a non-EEA State for the purposes of that Directive, or |
| |
(c) | has been notified that the conditions for derogation specified in Article |
| |
3(4) of that Directive are satisfied in relation to the application to the |
| 45 |
service provider of regulations under section 307 and of section 309. |
| |
| |
| |
|
