|
| |
| |
(7) | In section 324(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. |
| |
| |
(1) | Where the Commission has reason to suspect that it may wish to make an order |
| 5 |
under section 324(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 |
| |
to pay money in relation to the bet (whether by way of stake, winnings, |
| |
commission or otherwise) shall have no effect. |
| 10 |
(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). |
| |
(4) | The Commission may by order extend the period for which an order under |
| |
subsection (1) has effect; and— |
| 15 |
(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 |
| |
| |
(5) | The Commission may cancel an order under subsection (1) (without prejudice |
| 20 |
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 |
| |
| |
(7) | The Commission shall not be liable to make any payment on account only of |
| 25 |
| |
(a) | has made an order under subsection (1), and |
| |
(b) | not made a subsequent order under section 324(1). |
| |
(8) | But subsection (7) is without prejudice to any power of a court in legal |
| |
proceedings (whether for tort or otherwise). |
| 30 |
| |
Miscellaneous and General |
| |
| |
| |
Participating in a competition or other arrangement under which a person may |
| 35 |
win a prize is not gambling for the purposes of this Act unless it is— |
| |
(a) | gaming within the meaning of section 6, |
| |
(b) | participating in 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 |
| |
| |
329 | Offence committed by body |
| 5 |
(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— |
| |
(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. |
| 10 |
(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, |
| |
(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. |
| 15 |
(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, |
| |
subsections (1) and (2) shall have effect, but as if a reference to an officer of the |
| |
body were a reference to a partner. |
| 20 |
(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 |
| |
| |
(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 |
| 25 |
under, or in so far as the body is recognised by, law having effect outside the |
| |
| |
| |
(1) | A person commits an offence if without reasonable excuse he gives to the |
| |
Commission or a licensing authority for a purpose connected with a provision |
| 30 |
of this Act (whether or not in relation to an application under this Act) |
| |
| |
| |
| |
(2) | A person guilty of an offence under this section shall be liable on summary |
| 35 |
| |
(a) | imprisonment for a term not exceeding 51 weeks, |
| |
(b) | a fine not exceeding level 5 on the standard scale, or |
| |
| |
(3) | In the application of subsection (2) to Scotland the reference to 51 weeks shall |
| 40 |
have effect as a reference to six months. |
| |
| |
| |
|
| |
| |
(4) | Where it appears to the Commission or a licensing authority that a decision |
| |
under this Act was taken by them in reliance upon false or misleading |
| |
information, they may do anything that they think expedient for the purpose |
| |
of cancelling, terminating or varying an effect of the decision (but action under |
| |
this subsection shall not make unlawful anything done before the action is |
| 5 |
| |
| |
(1) | Regulations prescribing a maximum value of prizes for a purpose of this Act |
| |
may include provision for determining the value of a prize. |
| |
(2) | Regulations by virtue of subsection (1) may, in particular— |
| 10 |
(a) | apply (with or without modification) or make provision similar to a |
| |
provision of section 20 of the Betting and Gaming Duties Act 1981 |
| |
(c. 63) (expenditure on bingo winnings); |
| |
(b) | confer a discretion on the Secretary of State, on the Gambling |
| |
Commission or on another person; |
| 15 |
(c) | provide for an appeal; |
| |
(d) | confer jurisdiction on a court or tribunal. |
| |
| |
(1) | In this Act “participation fee” means an amount paid in respect of entitlement |
| |
to participate in gambling; and for that purpose— |
| 20 |
| |
(i) | how a fee is described, |
| |
(ii) | whether a fee is payable in money or in money’s worth, |
| |
(iii) | when and how a fee is payable, |
| |
(iv) | to whom a fee is payable, |
| 25 |
(b) | a charge for admission to premises where gambling takes place shall be |
| |
treated as a participation fee, |
| |
(c) | a membership subscription is not a participation fee (subject to |
| |
subsections (2) and (3)), and |
| |
(d) | a stake is not a participation fee. |
| 30 |
(2) | The Secretary of State may by regulations provide for a membership |
| |
subscription to be treated as a participation fee in specified circumstances. |
| |
(3) | For the purposes of section 270, a membership subscription is a participation |
| |
| |
(4) | The Secretary of State may make regulations providing, in connection with the |
| 35 |
operation of a provision of this Act in relation to a participation fee, for the |
| |
apportionment of an amount which is payable partly in respect of entitlement |
| |
to participate in gambling and partly in respect of another matter; and that |
| |
provision may, in particular— |
| |
(a) | provide for apportionment by a specified person; |
| 40 |
(b) | provide for apportionment in accordance with a specified formula or |
| |
| |
(c) | refer to the concept of reasonableness. |
| |
| |
| |
|
| |
| |
| |
(1) | A court by or before which a person is convicted of an offence under this Act |
| |
may make an order for the forfeiture of an article that appears to the court to |
| |
| |
| 5 |
(a) | may include such provision about the treatment of the article forfeited |
| |
as the court thinks appropriate, and |
| |
(b) | subject to any provision made under paragraph (a), shall be treated as |
| |
requiring any person in possession of the article to surrender it to a |
| |
constable as soon as is reasonably practicable. |
| 10 |
| |
(a) | a court proposes to make a forfeiture order in respect of an article, and |
| |
(b) | a person notifies the court that he has an interest in the article, |
| |
| the court may not make the order without first giving the person an |
| |
opportunity to make representations. |
| 15 |
(4) | The court which made a forfeiture order may order that the forfeited article be |
| |
given up to a person who claims to have an interest in it. |
| |
(5) | A person commits an offence if he fails to— |
| |
(a) | comply with a forfeiture order, or |
| |
(b) | co-operate with a step taken for the purpose of giving effect to a |
| 20 |
| |
(6) | 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 |
| 25 |
| |
(7) | In the application of subsection (6) to Scotland the reference to 51 weeks shall |
| |
have effect as a reference to six months. |
| |
334 | Prosecution by licensing authority |
| |
(1) | A licensing authority may institute criminal proceedings in respect of an |
| 30 |
offence under any of the following provisions of this Act— |
| |
| |
| |
| |
| 35 |
| |
| |
| |
| |
| 40 |
| |
| |
| |
(m) | paragraph 20 of Schedule 10, and |
| |
| |
| |
|
| |
| |
(n) | paragraph 14 of Schedule 12. |
| |
(2) | This section is without prejudice to section 222 of the Local Government Act |
| |
1972 (c. 70) (power of local authorities to prosecute or defend legal |
| |
| |
(3) | This section shall not apply to an authority in Scotland. |
| 5 |
335 | Prosecution: time limit |
| |
(1) | A magistrates’ court may try an information for an offence under this Act |
| |
provided that the information was laid within the period of twelve months |
| |
beginning with the date (or last date) on which the offence is alleged to have |
| |
| 10 |
(2) | Section 127(1) of the Magistrates’ Courts Act 1980 (c. 43) shall not apply to an |
| |
| |
| |
(1) | This Act shall have no effect in relation to anything done on, or in relation to |
| |
any use of, premises of a kind specified for the purposes of this subsection by |
| 15 |
order of the Secretary of State. |
| |
(2) | This Act shall have no effect in relation to anything done on, or in relation to |
| |
any use of, premises certified for the purposes of this subsection, on grounds |
| |
relating to national security, by the Secretary of State or the Attorney General. |
| |
337 | Three-year licensing policy |
| 20 |
(1) | A licensing authority shall before each successive period of three years— |
| |
(a) | prepare a statement of the principles that they propose to apply in |
| |
exercising their functions under this Act during that period, and |
| |
(b) | publish the statement. |
| |
(2) | A licensing authority shall— |
| 25 |
(a) | review their statement under this section from time to time, |
| |
(b) | if they think it necessary in the light of a review, revise the statement, |
| |
| |
(c) | publish any revision before giving it effect. |
| |
(3) | In preparing a statement or revision under this section a licensing authority |
| 30 |
| |
| |
(i) | in England and Wales, the chief officer of police for the |
| |
| |
(ii) | in Scotland, the chief constable of the police force maintained |
| 35 |
for the police area comprising that area, |
| |
(b) | the fire authority for the authority’s area, |
| |
(c) | one or more persons who appear to the authority to represent the |
| |
interests of persons carrying on gambling businesses in the authority’s |
| |
| 40 |
(d) | one or more persons who appear to the authority to represent the |
| |
interests of persons who are likely to be affected by the exercise of the |
| |
authority’s functions under this Act. |
| |
| |
| |
|
| |
| |
(4) | The Secretary of State may make regulations about— |
| |
(a) | the form of statements under this section; |
| |
(b) | the procedure to be followed in relation to the preparation, review or |
| |
revision of statements under this section; |
| |
(c) | the publication of statements under this section. |
| 5 |
(5) | In relation to statements prepared under this section by licensing authorities in |
| |
Scotland, subsection (4) shall have effect as if the reference to the Secretary of |
| |
State were a reference to the Scottish Ministers. |
| |
(6) | The Secretary of State shall by order appoint a day as the first day of the first |
| |
period of three years for the purpose of this section. |
| 10 |
338 | Exchange of information |
| |
(1) | A person or body listed in Part 1 of Schedule 6 may provide information to any |
| |
other person or body so listed for use in the exercise of a function under this |
| |
| |
(2) | A person or body listed in Part 1 of Schedule 6, or the Commission, may |
| 15 |
provide information obtained in the course of the exercise of a function under |
| |
this Act to Her Majesty’s Commissioners of Customs and Excise for use in the |
| |
exercise of any function. |
| |
(3) | Provision of information in reliance on this section may be subject to conditions |
| |
(whether as to use, storage, disposal or otherwise). |
| 20 |
339 | Power to amend Schedule 6 |
| |
(1) | The Secretary of State may by order amend Schedule 6 so as to— |
| |
(a) | add an entry to a list (in either Part); |
| |
(b) | remove an entry from a list (in either Part); |
| |
(c) | move an entry from one list to another; |
| 25 |
(d) | add, remove or vary a Note. |
| |
(2) | In particular, a Note relating to an entry for a person or body situated outside |
| |
the United Kingdom may provide that the entry has effect only in relation to |
| |
the law of a Part of the United Kingdom. |
| |
| 30 |
| |
(1) | In this Act, except where the context otherwise requires— |
| |
“adult” means an individual who is not a child or young person, |
| |
“adult gaming centre” has the meaning given by section 227, |
| |
“alcohol licence” has the meaning given by section 268, |
| 35 |
“authorised local authority officer” has the meaning given by section 294, |
| |
“authorised person” has the meaning given by that section, |
| |
“betting” has the meaning given by sections 9 to 11, 36 and 146, |
| |
“betting intermediary” has the meaning given by section 13, |
| |
“bingo” means any version of that game, irrespective of by what name it |
| 40 |
| |
| |
| |
|
| |
| |
“casino” has the meaning given by section 7, |
| |
“casino game” has the meaning given by that section, |
| |
“Category A gaming machine” (or B, C or D) means a gaming machine |
| |
falling within Category A (or B, C or D) as prescribed under section 226, |
| |
“chief constables of police forces” has the same meaning in relation to |
| 5 |
England and Wales as in the Police Act 1996 (c. 16), |
| |
“child” has the meaning given by section 44, |
| |
“club gaming permit” has the meaning given by section 262, |
| |
“club machine permit” has the meaning given by section 264, |
| |
“commercial club” has the meaning given by section 258, |
| 10 |
“the Commission” means the Gambling Commission, |
| |
| |
(a) | has the meaning given by section 741 of the Companies Act 1985 |
| |
| |
(b) | includes a shadow director within the meaning of that section, |
| 15 |
“dog track” means premises which are designed, used or adapted for use |
| |
| |
“draw”, in relation to a lottery, has the meaning given by section 245, |
| |
“EEA State” means a State which is a contracting party to the Agreement |
| |
on the European Economic Area signed at Oporto on 2nd May 1992 (as |
| 20 |
it has effect from time to time), |
| |
“enforcement officer” means a person designated or appointed as an |
| |
enforcement officer under section 293, |
| |
“equal chance gaming” has the meaning given by section 8, |
| |
“exempt lottery” has the meaning given by section 248, |
| 25 |
“external lottery manager” has the meaning given by section 247, |
| |
“fair” has the meaning given by section 276, |
| |
“family entertainment centre” has the meaning given by section 228, |
| |
“family entertainment centre gaming machine permit” has the meaning |
| |
| 30 |
“football pools” means an arrangement whereby— |
| |
(a) | people compete for prizes by forecasting the results of |
| |
association football games, and |
| |
(b) | each entry to the competition must forecast the results of at least |
| |
| 35 |
“gambling” has the meaning given by section 3, |
| |
“gambling software” has the meaning given by section 40, |
| |
“game of chance” has the meaning given by section 6, |
| |
“gaming” has the meaning given by that section, |
| |
“gaming machine” has the meaning given by section 225, |
| 40 |
“horse-race course” means premises which are designed, used or adapted |
| |
for use for horse-racing, |
| |
“horse-race pool betting” has the meaning given by section 12, |
| |
“large casino” has the meaning given by regulations under section 7(5), |
| |
“licensed family entertainment centre” has the meaning given by section |
| 45 |
| |
“the licensing objectives” has the meaning given by section 1, |
| |
“licensing authority” has the meaning given by section 2, |
| |
“lottery” has the meaning given by section 14 (and section 246), |
| |
| |
| |
|
