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(1) | The Secretary of State may make regulations controlling the circumstances in |
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which a gaming machine is made available for use. |
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(2) | Regulations under subsection (1) may, in particular, make provision by |
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(a) | the method by which stakes may be deposited or payments made for |
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(b) | the nature of, or arrangements in respect of receiving or claiming, |
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(c) | rollover of stakes or prizes; |
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(d) | the proportion of amounts staked or paid that is returned by way of |
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(e) | the display of information; |
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(f) | any other matter relating to the manner in which a machine operates. |
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(3) | Regulations under subsection (1) may identify matters (whether or not |
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addressed by other provisions of the regulations) as to which a condition may |
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not be attached to an operating licence or to a premises licence. |
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(1) | The Secretary of State may make regulations about the supply, installation, |
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adaptation, maintenance or repair of a gaming machine or part of a gaming |
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(2) | Regulations under subsection (1) may identify matters (whether or not |
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addressed by other provisions of the regulations) as to which a condition may |
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not be attached to an operating licence or to a premises licence. |
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232 | Making machine available for use |
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(1) | A person commits an offence if he makes a gaming machine available for use |
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(a) | he makes the machine available for use in accordance with an operating |
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(2) | A person commits an offence if he makes a gaming machine available for use |
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in contravention of regulations under section 230. |
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233 | Manufacture, supply, &c. |
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(1) | A person commits an offence if he manufactures, supplies, installs, adapts, |
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maintains or repairs a gaming machine or part of a gaming machine unless— |
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(a) | he acts in accordance with an operating licence, or |
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(b) | the exception in section 240 applies. |
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(2) | A person commits an offence if he— |
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(a) | supplies, installs, adapts, maintains or repairs a gaming machine or |
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part of a gaming machine, and |
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(b) | fails to comply with a provision of regulations under section 231. |
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(3) | Subsections (1) and (2) do not apply to the supply of a gaming machine, or part |
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(a) | as scrap (without any element of salvage), or |
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(b) | incidental to the sale or letting of property on which the machine has |
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previously been used in reliance on a provision of this Act. |
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(1) | A person commits an offence if— |
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(a) | he makes a gaming machine (“the first gaming machine”) available for |
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(b) | the amount or value of a prize available through use of the first gaming |
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machine is or may be wholly or partly determined by reference to use |
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made of another gaming machine (“the linked gaming machine”). |
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(2) | But subsection (1) does not apply where— |
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(a) | the person who makes the first gaming machine available for use is the |
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holder of a casino premises licence, and |
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(b) | the first gaming machine and the linked gaming machine are situated |
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(3) | The Secretary of State may by order amend, or modify the effect of, subsection |
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(2) so that subsection (1) is disapplied to the linking of machines in casinos |
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whether or not the machines are situated on the same premises— |
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(a) | to such extent as the order may specify, |
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(b) | in such circumstances as the order may specify, and |
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(c) | subject to such conditions as the order may specify. |
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(1) | A person commits an offence if he supplies, installs or makes available for use |
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a gaming machine which is designed or adapted to permit money to be paid |
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by means of a credit card. |
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(2) | In this section “credit card” means a card which is a credit-token within the |
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meaning of section 14 of the Consumer Credit Act 1974 (c. 39). |
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(1) | A person guilty of an offence under this Part shall be liable on summary |
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(a) | imprisonment for a term not exceeding 51 weeks, |
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(b) | a fine not exceeding level 5 on the standard scale, or |
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(2) | In the application of subsection (1) to Scotland the reference to 51 weeks shall |
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have effect as a reference to six months. |
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237 | Family entertainment centre gaming machine permit |
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(1) | A person does not commit an offence under section 36 or 232 if he makes a |
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Category D gaming machine available for use in accordance with a family |
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entertainment centre gaming machine permit. |
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(2) | A family entertainment centre gaming machine permit is a permit issued by a |
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licensing authority authorising a person to make Category D gaming machines |
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available for use in a specified family entertainment centre. |
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(3) | Schedule 10 makes further provision about family entertainment centre |
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A person does not commit an offence under section 36 or 232 if— |
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(a) | he makes a gaming machine available for use by an individual, and |
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(b) | the individual does not, by using the machine, acquire an opportunity |
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(1) | A person does not commit an offence under section 36 or 232 if— |
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(a) | he makes a gaming machine available for use by an individual, and |
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(b) | the individual does not, by using the machine, acquire an opportunity |
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to win a prize of a value in excess of the amount that he pays for or in |
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connection with his use of the machine. |
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(2) | For the purpose of subsection (1)(b)— |
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(a) | the reference to paying includes a reference to— |
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(i) | paying money by way of an entrance charge, |
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(ii) | using a coin to activate a gaming machine where the coin will |
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not or may not be returned, |
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(iii) | transferring money’s worth, and |
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(iv) | paying for goods or services at a price or rate which reflects the |
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opportunity to use a gaming machine, and |
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(i) | to whom payment is made, and |
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(ii) | who receives benefit from the payment. |
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240 | Single-machine supply and maintenance permits |
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(1) | A person does not commit an offence under section 32 or 233(1) by reason only |
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of the fact that he supplies, repairs, installs or maintains a gaming machine or |
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part of a gaming machine in accordance with a permit under this section. |
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(2) | A person may apply to the Commission for a permit authorising him to supply, |
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repair, install or maintain a gaming machine or part of a gaming machine. |
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(3) | An application under this section must— |
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|
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(b) | specify the gaming machine or part in relation to which the permit is |
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(c) | give such details of the activity in relation to which the permit is sought |
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as the Commission may direct, |
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(d) | be in such form, and contain such other information, as the |
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Commission may direct, and |
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(e) | be accompanied by the prescribed fee. |
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(4) | On consideration of an application under this section the Commission may— |
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(a) | grant the application and issue a permit to the applicant, or |
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(b) | refuse the application. |
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(5) | The Commission may grant an application under this section only if satisfied |
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that the licensing objectives are irrelevant to the activity for which the permit |
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(6) | A permit under this section must specify— |
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(a) | a period, not exceeding one year, during which it has effect, |
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(b) | the machine or part to which it relates, and |
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(c) | the activities which it authorises. |
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(7) | A permit under this section may be subject to a condition attached by the |
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(8) | In subsection (3)(e) “prescribed” means prescribed by regulations made by the |
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241 | Territorial application |
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(a) | to anything done in relation to a gaming machine which (or any part of |
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which) is situated in Great Britain, and |
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(b) | to anything done in Great Britain in relation to a gaming machine |
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(irrespective of where it is situated). |
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(1) | For the purposes of this Act a person promotes a lottery if he makes or |
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participates in making the arrangements for a lottery. |
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(2) | In particular, a person promotes a lottery if he— |
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(a) | makes arrangements for the printing of lottery tickets, |
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(b) | makes arrangements for the printing of promotional material, |
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(c) | arranges for the distribution or publication of promotional material, |
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(d) | possesses promotional material with a view to its distribution or |
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(e) | makes other arrangements to advertise a lottery, |
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(f) | invites a person to participate in a lottery, |
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(g) | sells or supplies a lottery ticket, |
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(h) | offers to sell or supply a lottery ticket, |
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(i) | possesses a lottery ticket with a view to its sale or supply, |
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(j) | does or offers to do anything by virtue of which a person becomes a |
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member of a class among whom prizes in a lottery are to be allocated, or |
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(k) | uses premises for the purpose of allocating prizes or for any other |
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purpose connected with the administration of a lottery. |
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(3) | In subsection (2) “promotional material” means a document which— |
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(a) | advertises a specified lottery, |
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(b) | invites participation in a specified lottery, |
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(c) | contains information about how to participate in a specified lottery, or |
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(d) | lists winners in a specified lottery. |
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(4) | Where arrangements for a lottery are made by an external lottery manager on |
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behalf of a society or authority, for the purposes of this Act both the external |
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lottery manager and the society or authority promote the lottery. |
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(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 |
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(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 |
| 25 |
person becomes a member of the class among whom prizes in a lottery are to |
| |
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(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 |
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whom prizes in a lottery are to be allocated. |
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(1) | In this Act a reference to the proceeds of a lottery is a reference to the aggregate |
| |
of amounts paid in respect of the purchase of lottery tickets. |
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(2) | In this Act a reference to the profits of a lottery is a reference to— |
| |
(a) | the proceeds of the lottery, minus |
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(b) | amounts deducted by the promoters of the lottery in respect of— |
| |
(i) | the provision of prizes, |
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(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. |
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In this Act “draw”, in relation to a lottery, includes any process by which a |
| |
prize in the lottery is allocated. |
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