|
| |
| |
(7) | The reference to notification in subsection (6)(c) is a reference to written notice |
| |
| |
(a) | has been given by the Commission, |
| |
(b) | has neither expired nor been withdrawn, and |
| |
(c) | states whether the Commission’s opinion as to satisfaction of the |
| 5 |
conditions for derogation relates— |
| |
(i) | to the conditions specified in Article 3(4)(a) and (b), or |
| |
(ii) | by virtue of Article 3(5), only to the conditions specified in |
| |
| |
(8) | In a case to which subsection (7)(c)(ii) applies, the Commission shall perform |
| 10 |
the duties of notification imposed on the United Kingdom by Article 3(5). |
| |
(9) | The test referred to in subsections (1)(c) and (2)(c) is— |
| |
(a) | in the case of non-remote gambling, that it is to take place in Great |
| |
| |
(b) | in the case of remote gambling, that at least one piece of remote |
| 15 |
gambling equipment to be used in providing facilities for the gambling |
| |
is or will be situated in Great Britain. |
| |
| |
Legality and Enforceability of Gambling Contracts |
| |
313 | Repeal of provisions preventing enforcement |
| 20 |
(1) | The following shall cease to have effect— |
| |
(a) | section 1 of the Gaming Act 1710 (c. 19) (voiding of security for |
| |
winnings or for repayment of gaming loan, &c.), |
| |
(b) | remaining provisions of the Gaming Act 1835 (c. 41) (security deemed |
| |
given for illegal consideration), |
| 25 |
(c) | section 18 of the Gaming Act 1845 (c. 109) (voiding of gaming |
| |
| |
(d) | section 1 of the Gaming Act 1892 (c. 9) (voiding of promise to repay), |
| |
| |
(e) | in section 412 of the Financial Services and Markets Act 2000 (c. 8) |
| 30 |
| |
(i) | in subsection (1)(a), the words “section 18 of the Gaming Act |
| |
1845, section 1 of the Gaming Act 1892 or”, and |
| |
| |
(2) | The repeals in subsection (1) do not permit enforcement of a right which is |
| 35 |
created, or which emanates from an agreement made, before this section comes |
| |
| |
314 | Enforceability of gambling contracts |
| |
(1) | The fact that a contract relates to gambling shall not prevent its enforcement. |
| |
(2) | Subsection (1) is without prejudice to any rule of law preventing the |
| 40 |
enforcement of a contract on the grounds of unlawfulness (other than a rule |
| |
relating specifically to gambling). |
| |
| |
| |
|
| |
| |
315 | Power of Gambling Commission to void bet |
| |
(1) | The Commission may make an order under this subsection in relation to a bet |
| |
accepted by or through the holder of— |
| |
(a) | a general betting operating licence, |
| |
(b) | a pool betting operating licence, or |
| 5 |
(c) | a betting intermediary operating licence. |
| |
(2) | Where the Commission makes an order under subsection (1) in relation to a |
| |
| |
(a) | any contract or other arrangement in relation to the bet is void, and |
| |
(b) | any money paid in relation to the bet (whether by way of stake, |
| 10 |
winnings, commission or otherwise) shall be repaid to the person who |
| |
paid it, and repayment may be enforced as a debt due to that person. |
| |
(3) | The Commission may make an order under subsection (1) in relation to a bet |
| |
only if satisfied that the bet was substantially unfair. |
| |
(4) | In considering whether a bet was unfair the Commission shall, in particular, |
| 15 |
take account of any of the following that applies— |
| |
(a) | the fact that either party to the bet supplied insufficient, false or |
| |
misleading information in connection with it, |
| |
(b) | the fact that either party to the bet believed or ought to have believed |
| |
that a race, competition or other event or process to which the bet |
| 20 |
related was or would be conducted in contravention of industry rules, |
| |
(c) | the fact that either party to the bet believed or ought to have believed |
| |
that an offence under section 39 had been or was likely to be committed |
| |
in respect of anything to which the bet related, and |
| |
(d) | the fact that either party to the bet was convicted of an offence under |
| 25 |
section 39 in relation to the bet. |
| |
(5) | An order under subsection (1) may be made in relation to a bet only during the |
| |
period of six months beginning with the day on which the result of the bet is |
| |
| |
(6) | But subsection (5) shall not apply to an order made taking account of the fact |
| 30 |
that a party to the bet was convicted of an offence under section 39 in relation |
| |
| |
316 | Section 315: supplementary |
| |
(1) | Where the Commission makes an order under section 315(1) in relation to a bet |
| |
a party to the bet or to any contract or other arrangement in relation to the bet |
| 35 |
may appeal to the Gambling Appeals Tribunal; and the following provisions |
| |
of Part 7 shall have effect (with any necessary modifications) in relation to an |
| |
appeal under this section as they have effect in relation to an appeal under that |
| |
| |
| 40 |
| |
| |
| |
| |
| 45 |
| |
| |
|
| |
| |
(2) | The Commission may make an order under section 315(1) in relation to the |
| |
whole, or any part or aspect of, a betting transaction. |
| |
(3) | An order under section 315(1) may make incidental provision; in particular, an |
| |
order may make provision about— |
| |
(a) | the consequences of the order for bets connected with the bet which |
| 5 |
becomes void under the order; |
| |
(b) | the consequences of the order for other parts or aspects of a betting |
| |
transaction one part or aspect of which becomes void under the order. |
| |
(4) | For the purposes of considering whether to make an order under section 315(1) |
| |
in respect of a bet the Commission— |
| 10 |
(a) | may require a person by or through whom the bet is made or accepted |
| |
to provide information or documents in relation to it, and |
| |
(b) | may take into account information received from any other person. |
| |
(5) | A person commits an offence if without reasonable excuse he fails to comply |
| |
with a requirement under subsection (4). |
| 15 |
(6) | A person guilty of an offence under subsection (5) shall be liable on summary |
| |
conviction to a fine not exceeding level 2 on the standard scale. |
| |
(7) | In section 315(4)(b) “industry rules” means rules established by an organisation |
| |
having, by virtue of an agreement, instrument or enactment, responsibility for |
| |
the conduct of races, competitions or other events or processes. |
| 20 |
| |
(1) | Where the Commission has reason to suspect that it may wish to make an order |
| |
under section 315(1) in relation to a bet, the Commission may make an order |
| |
under this subsection in relation to the bet. |
| |
(2) | While an order under subsection (1) has effect in relation to a bet, an obligation |
| 25 |
to pay money in relation to the bet (whether by way of stake, winnings, |
| |
commission or otherwise) shall have no effect. |
| |
(3) | An order under subsection (1) shall have effect for the period of 14 days |
| |
beginning with the day on which the order is made (subject to extension under |
| |
subsection (4) and without prejudice to the making of a new order). |
| 30 |
(4) | The Commission may by order extend the period for which an order under |
| |
subsection (1) has effect; and— |
| |
(a) | an order under this subsection may extend that period by the addition |
| |
of not more than 14 days, and |
| |
(b) | more than one order may be made under this subsection in relation to |
| 35 |
| |
(5) | The Commission may cancel an order under subsection (1) (without prejudice |
| |
to the making of a new order). |
| |
(6) | The Commission shall cancel an order under subsection (1) as soon as is |
| |
reasonably practicable after it ceases to entertain the suspicion mentioned in |
| 40 |
| |
(7) | The Commission shall not be liable to make any payment on account only of |
| |
| |
(a) | has made an order under subsection (1), and |
| |
| |
| |
|
| |
| |
(b) | not made a subsequent order under section 315(1). |
| |
(8) | But subsection (7) is without prejudice to any power of a court in legal |
| |
proceedings (whether for tort or otherwise). |
| |
| |
Miscellaneous and General |
| 5 |
| |
| |
Participating in a competition or other arrangement under which a person may |
| |
win a prize is not gambling for the purposes of this Act unless it is— |
| |
(a) | gaming within the meaning of section 6, |
| 10 |
(b) | entering a lottery within the meaning of section 14, or |
| |
(c) | betting within the meaning of sections 9 to 11. |
| |
| |
Sections 9 to 9B of the Betting and Gaming Duties Act 1981 (c. 63) (prohibitions, |
| |
for protection of the revenue, in relation to foreign betting) shall cease to have |
| 15 |
| |
320 | Offence committed by body |
| |
(1) | Subsection (2) applies where an offence under this Act is committed by a body |
| |
of persons corporate or unincorporate (other than a partnership) and it is |
| |
proved that the offence was committed— |
| 20 |
(a) | with the consent or connivance of an officer of the body, or |
| |
(b) | as a result of the negligence of an officer of the body. |
| |
(2) | The officer, as well as the body, shall be guilty of the offence. |
| |
(3) | In subsection (1) a reference to an officer of a body includes a reference to— |
| |
(a) | a director, manager or secretary, |
| 25 |
(b) | a person purporting to act as a director, manager or secretary, and |
| |
(c) | if the affairs of the body are arranged by its members, a member. |
| |
(4) | Where an offence under this Act is committed by a partnership (other than a |
| |
limited partnership) each partner shall be guilty of the offence. |
| |
(5) | Where an offence under this Act is committed by a limited partnership, |
| 30 |
subsections (1) and (2) shall have effect, but as if a reference to an officer of the |
| |
body were a reference to a partner. |
| |
(6) | In relation to the prosecution of a body of persons unincorporate for an offence |
| |
under this Act, the body shall be treated for all procedural purposes as if it |
| |
| 35 |
(7) | The Secretary of State may by regulations make provision for the modification |
| |
of a provision of this section in its application to a body of persons formed |
| |
under, or in so far as the body is recognised by, law having effect outside the |
| |
| |
| |
| |
|
