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Session 2004 - 05
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Other Bills before Parliament

Gambling Bill


Gambling Bill
Part 10 — Gaming Machines

106

 

Regulations

230     

Use of machine

(1)   

The Secretary of State may make regulations controlling the circumstances in

which a gaming machine is made available for use.

(2)   

Regulations under subsection (1) may, in particular, make provision by

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reference to—

(a)   

the method by which stakes may be deposited or payments made for

the use of a machine;

(b)   

the nature of, or arrangements in respect of receiving or claiming,

prizes;

10

(c)   

rollover of stakes or prizes;

(d)   

the proportion of amounts staked or paid that is returned by way of

prizes;

(e)   

the display of information;

(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

addressed by other provisions of the regulations) as to which a condition may

not be attached to an operating licence or to a premises licence.

231     

Supply, &c.

(1)   

The Secretary of State may make regulations about the supply, installation,

20

adaptation, maintenance or repair of a gaming machine or part of a gaming

machine.

(2)   

Regulations under subsection (1) may identify matters (whether or not

addressed by other provisions of the regulations) as to which a condition may

not be attached to an operating licence or to a premises licence.

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Offences

232     

Making machine available for use

(1)   

A person commits an offence if he makes a gaming machine available for use

by another unless—

(a)   

he makes the machine available for use in accordance with an operating

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licence, or

(b)   

an exception in section 237, 238, 239, 262, 264, 273, 274 or 277 applies.

(2)   

A person commits an offence if he makes a gaming machine available for use

in contravention of regulations under section 230.

233     

Manufacture, supply, &c.

35

(1)   

A person commits an offence if he manufactures, supplies, installs, adapts,

maintains or repairs a gaming machine or part of a gaming machine unless—

(a)   

he acts in accordance with an operating licence, or

(b)   

the exception in section 240 applies.

(2)   

A person commits an offence if he—

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Gambling Bill
Part 10 — Gaming Machines

107

 

(a)   

supplies, installs, adapts, maintains or repairs a gaming machine or

part of a gaming machine, and

(b)   

fails to comply with a provision of regulations under section 231.

(3)   

Subsections (1) and (2) do not apply to the supply of a gaming machine, or part

of a gaming machine—

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(a)   

as scrap (without any element of salvage), or

(b)   

incidental to the sale or letting of property on which the machine has

previously been used in reliance on a provision of this Act.

234     

Linked machines

(1)   

A person commits an offence if—

10

(a)   

he makes a gaming machine (“the first gaming machine”) available for

use by another, and

(b)   

the amount or value of a prize available through use of the first gaming

machine is or may be wholly or partly determined by reference to use

made of another gaming machine (“the linked gaming machine”).

15

(2)   

But subsection (1) does not apply where—

(a)   

the person who makes the first gaming machine available for use is the

holder of a casino premises licence, and

(b)   

the first gaming machine and the linked gaming machine are situated

on the same premises.

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(3)   

The Secretary of State may by order amend, or modify the effect of, subsection

(2) so that subsection (1) is disapplied to the linking of machines in casinos

whether or not the machines are situated on the same premises—

(a)   

to such extent as the order may specify,

(b)   

in such circumstances as the order may specify, and

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(c)   

subject to such conditions as the order may specify.

235     

Credit

(1)   

A person commits an offence if he supplies, installs or makes available for use

a gaming machine which is designed or adapted to permit money to be paid

by means of a credit card.

30

(2)   

In this section “credit card” means a card which is a credit-token within the

meaning of section 14 of the Consumer Credit Act 1974 (c. 39).

236     

Penalty

(1)   

A person guilty of an offence under this Part shall be liable on summary

conviction to—

35

(a)   

imprisonment for a term not exceeding 51 weeks,

(b)   

a fine not exceeding level 5 on the standard scale, or

(c)   

both.

(2)   

In the application of subsection (1) to Scotland the reference to 51 weeks shall

have effect as a reference to six months.

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Gambling Bill
Part 10 — Gaming Machines

108

 

Exceptions

237     

Family entertainment centre gaming machine permit

(1)   

A person does not commit an offence under section 36 or 232 if he makes a

Category D gaming machine available for use in accordance with a family

entertainment centre gaming machine permit.

5

(2)   

A family entertainment centre gaming machine permit is a permit issued by a

licensing authority authorising a person to make Category D gaming machines

available for use in a specified family entertainment centre.

(3)   

Schedule 10 makes further provision about family entertainment centre

gaming machine permits.

10

238     

No prize

A person does not commit an offence under section 36 or 232 if—

(a)   

he makes a gaming machine available for use by an individual, and

(b)   

the individual does not, by using the machine, acquire an opportunity

to win a prize.

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239     

Limited prize

(1)   

A person does not commit an offence under section 36 or 232 if—

(a)   

he makes a gaming machine available for use by an individual, and

(b)   

the individual does not, by using the machine, acquire an opportunity

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.

(2)   

For the purpose of subsection (1)(b)—

(a)   

the reference to paying includes a reference to—

(i)   

paying money by way of an entrance charge,

(ii)   

using a coin to activate a gaming machine where the coin will

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not or may not be returned,

(iii)   

transferring money’s worth, and

(iv)   

paying for goods or services at a price or rate which reflects the

opportunity to use a gaming machine, and

(b)   

it is immaterial—

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(i)   

to whom payment is made, and

(ii)   

who receives benefit from the payment.

240     

Single-machine supply and maintenance permits

(1)   

A person does not commit an offence under section 32 or 233(1) by reason only

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.

(2)   

A person may apply to the Commission for a permit authorising him to supply,

repair, install or maintain a gaming machine or part of a gaming machine.

(3)   

An application under this section must—

(a)   

be made in writing,

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Gambling Bill
Part 11 — Lotteries

109

 

(b)   

specify the gaming machine or part in relation to which the permit is

sought,

(c)   

give such details of the activity in relation to which the permit is sought

as the Commission may direct,

(d)   

be in such form, and contain such other information, as the

5

Commission may direct, and

(e)   

be accompanied by the prescribed fee.

(4)   

On consideration of an application under this section the Commission may—

(a)   

grant the application and issue a permit to the applicant, or

(b)   

refuse the application.

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(5)   

The Commission may grant an application under this section only if satisfied

that the licensing objectives are irrelevant to the activity for which the permit

is sought.

(6)   

A permit under this section must specify—

(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

(c)   

the activities which it authorises.

(7)   

A permit under this section may be subject to a condition attached by the

Commission.

(8)   

In subsection (3)(e) “prescribed” means prescribed by regulations made by the

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Secretary of State.

General

241     

Territorial application

This Part applies—

(a)   

to anything done in relation to a gaming machine which (or any part of

25

which) is situated in Great Britain, and

(b)   

to anything done in Great Britain in relation to a gaming machine

(irrespective of where it is situated).

Part 11

Lotteries

30

Interpretation

242     

Promoting a lottery

(1)   

For the purposes of this Act a person promotes a lottery if he makes or

participates in making the arrangements for a lottery.

(2)   

In particular, a person promotes a lottery if he—

35

(a)   

makes arrangements for the printing of lottery tickets,

(b)   

makes arrangements for the printing of promotional material,

(c)   

arranges for the distribution or publication of promotional material,

 
 

Gambling Bill
Part 11 — Lotteries

110

 

(d)   

possesses promotional material with a view to its distribution or

publication,

(e)   

makes other arrangements to advertise a lottery,

(f)   

invites a person to participate in a lottery,

(g)   

sells or supplies a lottery ticket,

5

(h)   

offers to sell or supply a lottery ticket,

(i)   

possesses a lottery ticket with a view to its sale or supply,

(j)   

does or offers to do anything by virtue of which a person becomes a

member of a class among whom prizes in a lottery are to be allocated, or

(k)   

uses premises for the purpose of allocating prizes or for any other

10

purpose connected with the administration of a lottery.

(3)   

In subsection (2) “promotional material” means a document which—

(a)   

advertises a specified lottery,

(b)   

invites participation in a specified lottery,

(c)   

contains information about how to participate in a specified lottery, or

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(d)   

lists winners in a specified lottery.

(4)   

Where arrangements for a lottery are made by an external lottery manager on

behalf of a society or authority, for the purposes of this Act both the external

lottery manager and the society or authority promote the lottery.

243     

Lottery ticket

20

(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

of prizes in a lottery.

(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

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person becomes a member of the class among whom prizes in a lottery are to

be allocated.

(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

whom prizes in a lottery are to be allocated.

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244     

Proceeds and profits

(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.

(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,

(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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245     

Draw

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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Revised 13 January 2005