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[AS AMENDED IN STANDING COMMITTEE B] |
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make provision about gambling. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Interpretation of Key Concepts |
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1 | The licensing objectives |
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In this Act a reference to the licensing objectives is a reference to the objectives |
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(a) | preventing gambling from being a source of crime or disorder, being |
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associated with crime or disorder or being used to support crime, |
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(b) | ensuring that gambling is conducted in a fair and open way, and |
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(c) | protecting children and other vulnerable persons from being harmed or |
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For the purposes of this Act the following are licensing authorities— |
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(a) | in relation to England— |
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(ii) | a county council for a county in which there are no district |
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(iii) | a London borough council, |
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(iv) | the Common Council of the City of London, and |
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(v) | the Council of the Isles of Scilly, |
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(b) | in relation to Wales— |
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(i) | a county council, and |
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(ii) | a county borough council, and |
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(c) | in relation to Scotland, a licensing board constituted under section 1 of |
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the Licensing (Scotland) Act 1976 (c. 66). |
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In this Act “gambling” means— |
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(a) | gaming (within the meaning of section 6), |
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(b) | betting (within the meaning of section 9), and |
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(c) | participating in a lottery (within the meaning of section 14 and subject |
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(1) | In this Act “remote gambling” means gambling in which persons participate by |
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the use of remote communication. |
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(2) | In this Act “remote communication” means communication using— |
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(e) | any other kind of electronic or other technology for facilitating |
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(3) | The Secretary of State may by regulations provide that a specified system or |
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method of communication is or is not to be treated as a form of remote |
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communication for the purposes of this Act (and subsection (2) is subject to any |
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regulations under this subsection). |
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5 | Facilities for gambling |
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(1) | For the purposes of this Act a person provides facilities for gambling if he— |
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(a) | invites others to gamble in accordance with arrangements made by |
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(b) | provides, operates or administers arrangements for gambling by |
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(c) | participates in the operation or administration of gambling by others. |
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(2) | But a person does not provide facilities for gambling for the purposes of this |
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(a) | providing an article other than a gaming machine to a person who |
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intends to use it, or may use it, in the course of any of the activities |
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mentioned in subsection (1)(a) to (c), |
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(b) | providing, otherwise than in the course of providing, operating or |
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administering arrangements for gambling or participating in the |
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operation or administration of gambling, an article to a person who |
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intends to use it, or may use it, for gambling, or |
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(c) | making facilities for remote communication available for use by— |
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(i) | persons carrying on any of those activities, or |
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(ii) | persons gambling in response to or in accordance with any of |
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(3) | A person provides facilities for gambling (despite subsection (2)(c)) if— |
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(a) | he makes facilities for remote communication available for use, and |
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(b) | the facilities are adapted or presented in such a way as to facilitate, or |
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to draw attention to the possibility of, their use for gambling. |
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6 | Gaming & game of chance |
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(1) | In this Act “gaming” means playing a game of chance for a prize. |
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(2) | In this Act “game of chance”— |
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(i) | a game that involves both an element of chance and an element |
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(ii) | a game that involves an element of chance that can be |
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eliminated by superlative skill, and |
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(iii) | a game that is presented as involving an element of chance, but |
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(b) | does not include a sport. |
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(3) | For the purposes of this Act a person plays a game of chance if he participates |
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(a) | whether or not there are other participants in the game, and |
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(b) | whether or not a computer generates images or data taken to represent |
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the actions of other participants in the game. |
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(4) | For the purposes of this Act a person plays a game of chance for a prize— |
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(a) | if he plays a game of chance and thereby acquires a chance of winning |
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(b) | whether or not he risks losing anything at the game. |
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(5) | In this Act “prize” in relation to gaming (except in the context of a gaming |
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(a) | means money or money’s worth, and |
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(b) | includes both a prize provided by a person organising gaming and |
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winnings of money staked. |
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(6) | The Secretary of State may by regulations provide that a specified activity, or |
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an activity carried on in specified circumstances, is or is not to be treated for the |
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(1) | For the purposes of this Act a casino is an arrangement whereby people are |
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given an opportunity to participate in one or more casino games. |
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(2) | In this Act “casino game” means a game of chance which is not equal chance |
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(3) | But the Secretary of State may by regulations provide that a specified activity, |
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or an activity carried on in specified circumstances, is to be or not to be treated |
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as a casino game for the purposes of this Act (and subsection (2) is subject to |
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regulations under this subsection). |
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(4) | For the purposes of this section it is immaterial— |
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(a) | whether an arrangement is provided on one set of premises or on more |
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(b) | whether an arrangement is provided wholly or partly by means of |
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(5) | The Secretary of State shall make regulations by reference to which any casino |
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(d) | below the minimum size for a licensed casino. |
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(6) | Regulations under subsection (5) may make provision by reference to— |
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(a) | the number of gaming tables used or designated for the playing of |
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specified casino games or classes of casino game, |
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(b) | the location of gaming tables used or designated for the playing of |
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specified casino games or classes of casino game, |
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(c) | the concentration of gaming tables used or designated for the playing |
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of specified casino games or classes of casino game, |
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(d) | the floor area used or designated for gaming at tables, |
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(e) | the floor area used or designated for other forms of gambling, |
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(f) | the floor area used or designated for the provision of other facilities, |
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(g) | any combination of the matters listed in paragraph (a) to (f), or |
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(7) | Regulations under subsection (5) may— |
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(a) | include provision for determining what floor area is to be treated as |
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being used or designated for a purpose; |
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(b) | include provision for determining what activities do or do not amount |
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to the playing of a specified casino game or class of casino game; |
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(c) | include provision for determining what is or is not to be treated as a |
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gaming table (and, in particular, in what circumstances a number of |
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tables are to be treated as if they were a single gaming table); |
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(d) | provide that a gaming table is to be treated as being used or designated |
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only if specified conditions (which may, in particular, relate to purpose |
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of use, extent of use or circumstances of use) are satisfied. |
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(1) | For the purposes of this Act gaming is equal chance gaming if— |
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(a) | it does not involve playing or staking against a bank, and |
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(b) | the chances are equally favourable to all participants. |
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(2) | For the purposes of subsection (1) it is immaterial— |
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(a) | how a bank is described, and |
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(b) | whether or not a bank is controlled or administered by a player. |
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(1) | In this Act “betting” means making or accepting a bet on— |
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(a) | the outcome of a race, competition or other event or process, |
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(b) | the likelihood of anything occurring or not occurring, or |
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(c) | whether anything is or is not true. |
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(2) | A transaction that relates to the outcome of a race, competition or other event |
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or process may be a bet within the meaning of subsection (1) despite the facts |
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(a) | the race, competition, event or process has already occurred or been |
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(b) | one party to the transaction knows the outcome. |
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(3) | A transaction that relates to the likelihood of anything occurring or not |
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occurring may be a bet within the meaning of subsection (1) despite the facts |
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(a) | the thing has already occurred or failed to occur, and |
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(b) | one party to the transaction knows that the thing has already occurred |
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(1) | For the purposes of section 9(1) “bet” does not include a bet the making or |
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accepting of which is a regulated activity within the meaning of section 22 of |
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the Financial Services and Markets Act 2000 (c. 8). |
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(2) | An order under section 22 of that Act which has the effect that a class of bet |
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becomes or ceases to be a regulated activity may, in particular, include |
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transitional provision relating to the application of this Act to that class of bet. |
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(3) | This section is subject to section 37(3). |
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11 | Betting: prize competitions |
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(1) | For the purposes of section 9(1) a person makes a bet (despite the fact that he |
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does not deposit a stake in the normal way of betting) if— |
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(a) | he participates in an arrangement in the course of which participants |
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are required to guess any of the matters specified in section 9(1)(a) to |
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(b) | he is required to pay to participate, and |
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(c) | if his guess is accurate, or more accurate than other guesses, he is to— |
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(ii) | enter a class among whom one or more prizes are to be allocated |
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(whether or not wholly by chance). |
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(2) | In subsection (1) a reference to guessing includes a reference to predicting |
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(3) | Schedule 1 makes further provision about when a person is to be or not to be |
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treated for the purposes of subsection (1)(b) as being required to pay to |
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participate in an arrangement. |
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(4) | In subsection (1)(c)(i) “prize” includes any money, articles or services— |
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(a) | whether or not described as a prize, and |
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(b) | whether or not consisting wholly or partly of money paid, or articles or |
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services provided, by the members of the class among whom the prizes |
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(1) | For the purposes of this Act betting is pool betting if made on terms that all or |
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(a) | shall be determined by reference to the aggregate of stakes paid or |
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agreed to be paid by the persons betting, |
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(b) | shall be divided among the winners, or |
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(c) | shall or may be something other than money. |
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(2) | For the purposes of this Act pool betting is horse-race pool betting if it relates |
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to horse-racing in Great Britain. |
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(1) | In this Act “betting intermediary” means a person who provides a service |
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designed to facilitate the making or acceptance of bets between others. |
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(2) | For the purposes of this Act acting as a betting intermediary is providing |
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(1) | For the purposes of this Act an arrangement is a lottery, irrespective of how it |
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is described, if it satisfies one of the descriptions of lottery in subsections (2) |
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(2) | An arrangement is a simple lottery if— |
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(a) | persons are required to pay in order to participate in the arrangement, |
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(b) | in the course of the arrangement one or more prizes are allocated to one |
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or more members of a class, and |
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(c) | the prizes are allocated by a process which relies wholly on chance. |
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(3) | An arrangement is a complex lottery if— |
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(a) | persons are required to pay in order to participate in the arrangement, |
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(b) | in the course of the arrangement one or more prizes are allocated to one |
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or more members of a class, |
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(c) | the prizes are allocated by a series of processes, and |
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(d) | the first of those processes relies wholly on chance. |
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(4) | In this Act “prize” in relation to lotteries includes any money, articles or |
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(a) | whether or not described as a prize, and |
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(b) | whether or not consisting wholly or partly of money paid, or articles or |
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services provided, by the members of the class among whom the prize |
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(5) | A process which requires persons to exercise skill or judgment or to display |
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knowledge shall be treated for the purposes of this section as relying wholly on |
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chance if the requirement neither— |
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(a) | prevents a significant proportion of persons who participate in the |
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arrangement of which the process forms part from receiving a prize, |
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(b) | prevents a significant proportion of persons who wish to participate in |
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that arrangement from doing so. |
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(6) | Schedule 2 makes further provision about when an arrangement is to be or not |
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to be treated for the purposes of this section as requiring persons to pay. |
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(7) | The Secretary of State may by regulations provide that an arrangement of a |
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specified kind is to be or not to be treated as a lottery for the purposes of this |
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(a) | the power in this subsection is not constrained by subsections (1) to (6) |
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(b) | regulations under this subsection may amend other provisions of this |
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(1) | Entering the National Lottery is not gambling for the purposes of this Act |
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(despite section 3(c) but subject to subsections (2) to (4) below). |
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(2) | Entering the National Lottery is gambling for the purposes of— |
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(3) | Where entering the National Lottery would also constitute gaming within the |
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meaning of section 6, it shall be treated as gaming for the purposes of this Act |
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if and only if a person entering the lottery is required to participate in, or to be |
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successful in, more than three processes before becoming entitled to a prize. |
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(4) | Entering the National Lottery shall not be treated as betting for the purposes of |
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(a) | satisfy the definition of pool betting in section 12, or |
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(b) | satisfy the definition of betting in section 9 by virtue of section 11. |
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(5) | Schedule 3 shall have effect. |
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Cross-category activities |
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(1) | This section applies to a transaction which satisfies— |
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(a) | the definition of betting in section 9, and |
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(b) | the definition of gaming in section 6. |
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