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Gambling Bill


Gambling Bill
Part 18 — Miscellaneous and General

143

 

(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.

326     

Interim moratorium

(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.

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(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

a bet.

(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

that subsection.

(7)   

The Commission shall not be liable to make any payment on account only of

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the fact that it—

(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).

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Part 18

Miscellaneous and General

Miscellaneous

327     

Prize competitions

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.

 
 

Gambling Bill
Part 18 — Miscellaneous and General

144

 

328     

Foreign betting

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

effect.

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

were a body corporate.

(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

United Kingdom.

330     

False information

(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)

information which is—

(a)   

false, or

(b)   

misleading.

(2)   

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

35

conviction to—

(a)   

imprisonment for a term not exceeding 51 weeks,

(b)   

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

(c)   

both.

(3)   

In the application of subsection (2) to Scotland the reference to 51 weeks shall

40

have effect as a reference to six months.

 
 

Gambling Bill
Part 18 — Miscellaneous and General

145

 

(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

taken).

331     

Value of prize

(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.

332     

Participation fees

(1)   

In this Act “participation fee” means an amount paid in respect of entitlement

to participate in gambling; and for that purpose—

20

(a)   

it is immaterial—

(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.

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(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

fee.

(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

principle;

(c)   

refer to the concept of reasonableness.

 
 

Gambling Bill
Part 18 — Miscellaneous and General

146

 

333     

Forfeiture

(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

relate to the offence.

(2)   

A forfeiture order—

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

(3)   

Where—

(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

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forfeiture order.

(6)   

A person guilty of an offence under subsection (5) shall be liable on summary

conviction to—

(a)   

imprisonment for a term not exceeding 51 weeks,

(b)   

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

25

(c)   

both.

(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—

(a)   

section 36,

(b)   

section 176,

(c)   

section 177,

(d)   

section 220,

35

(e)   

section 232,

(f)   

section 248,

(g)   

section 249,

(h)   

section 250,

(i)   

section 251,

40

(j)   

section 252,

(k)   

section 314,

(l)   

section 330,

(m)   

paragraph 20 of Schedule 10, and

 
 

Gambling Bill
Part 18 — Miscellaneous and General

147

 

(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

proceedings).

(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

been committed.

10

(2)   

Section 127(1) of the Magistrates’ Courts Act 1980 (c. 43) shall not apply to an

offence under this Act.

336     

Excluded premises

(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,

and

(c)   

publish any revision before giving it effect.

(3)   

In preparing a statement or revision under this section a licensing authority

30

shall consult—

(a)   

either—

(i)   

in England and Wales, the chief officer of police for the

authority’s area, or

(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

area, and

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.

 
 

Gambling Bill
Part 18 — Miscellaneous and General

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(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

Act.

(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.

General

30

340     

Interpretation

(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

is described,

 
 

Gambling Bill
Part 18 — Miscellaneous and General

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“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,

“director”—

(a)   

has the meaning given by section 741 of the Companies Act 1985

(c. 6), and

(b)   

includes a shadow director within the meaning of that section,

15

“dog track” means premises which are designed, used or adapted for use

for dog-racing,

“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

given by section 237,

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

four games,

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

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228,

“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),

 
 

 
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