|
| |
|
“lottery manager’s operating licence” has the meaning given by section |
| |
| |
“lottery ticket” has the meaning given by section 243, |
| |
“machine” has the meaning given by section 225(4)(a), |
| |
“members’ club” has the meaning given by section 257, |
| 5 |
“miners’ welfare institute” has the meaning given by section 259, |
| |
“the National Lottery” has the meaning given by section 1 of the National |
| |
Lottery etc. Act 1993 (c. 39)), |
| |
“non-commercial betting” has the meaning given by section 292, |
| |
“non-commercial gaming” has the meaning given by section 287, |
| 10 |
“non-commercial society” has the meaning given by section 19, |
| |
“occasional use notice” means a notice given under section 38, |
| |
“operating licence” means a licence issued under Part 5, |
| |
“on-premises alcohol licence” has the meaning given by section 268, |
| |
“participant”, in relation to a game of chance, includes a person who |
| 15 |
discharges an administrative or other function in relation to the game, |
| |
“participation fee” has the meaning given by section 332, |
| |
“passenger vessel” means a vessel which is carrying or expected to carry |
| |
| |
“personal licence” means a licence issued under Part 6, |
| 20 |
“pool betting” has the meaning given by section 12, |
| |
“premises” includes any place and, in particular— |
| |
| |
| |
“premises licence” means a licence issued under Part 8, |
| 25 |
“private betting” has the meaning given by section 285 and Part 2 of |
| |
| |
“private gaming” has the meaning given by section 285 and Part 1 of |
| |
| |
“private gain” is to be construed in accordance with section 19(3), |
| 30 |
“prize” in relation to gaming (except in the context of a gaming machine) |
| |
has the meaning given by section 6, |
| |
“prize” in relation to a gaming machine has the meaning given by section |
| |
| |
“prize” in relation to a lottery has the meaning given by section 14, |
| 35 |
“prize gaming” has the meaning given by section 278, |
| |
“prize gaming permit” has the meaning given by section 279, |
| |
“proceeds”, in relation to a lottery, has the meaning given by section 244, |
| |
“profits”, in relation to a lottery, has the meaning given by that section, |
| |
“profits”, in relation to non-commercial prize gaming, has the meaning |
| 40 |
| |
“pub gaming machine permit” has the meaning given by section 274, |
| |
“racecourse” means premises on any part of which a race takes place or is |
| |
| |
“real”, in relation to a game, event or process means non-virtual, |
| 45 |
“relevant offence” has the meaning given by section 123 and Schedule 7, |
| |
“remote communication” has the meaning given by section 4, |
| |
“remote gambling” has the meaning given by that section, |
| |
“remote gambling equipment” has the meaning given by section 35, |
| |
|
| |
|
| |
|
“remote operating licence” has the meaning given by section 65, |
| |
“rollover”, in relation to a lottery, has the meaning given by section 246, |
| |
“small casino” has the meaning given by regulations under section 7(5), |
| |
“society” includes a branch or section of a society, |
| |
“stake” means an amount paid or risked in connection with gambling and |
| 5 |
| |
(a) | is used in calculating the amount of the winnings or the value of |
| |
the prize that the person making the stake receives if successful, |
| |
| |
(b) | is used in calculating the total amount of winnings or value of |
| 10 |
prizes in respect of the gambling in which the person making |
| |
| |
| |
| |
| 15 |
(c) | placing on premises with permission or in accordance with a |
| |
contract or other arrangement, |
| |
“temporary use notice” has the meaning given by section 206, |
| |
“track” means a horse-race course, dog track or other premises on any part |
| |
of which a race or other sporting event takes place or is intended to take |
| 20 |
| |
“travelling fair” has the meaning given by section 276, |
| |
| |
| |
| 25 |
| |
(a) | anything designed or adapted for navigation or other use in, on |
| |
| |
(b) | anything, or any part of any place, situated in or on water, |
| |
“virtual” has the meaning given by subsection (3) below, |
| 30 |
“winnings”, in relation to a bet, means anything won, whether in money |
| |
| |
“young person” has the meaning given by section 44. |
| |
(2) | In this Act, except where the context otherwise requires— |
| |
(a) | a reference to accepting a bet includes a reference to negotiating a bet, |
| 35 |
(b) | a reference to advertising is to be construed in accordance with section |
| |
| |
(c) | a reference to participating in a lottery is to be construed in accordance |
| |
| |
(d) | a reference to installing computer software includes a reference to |
| 40 |
downloading computer software, |
| |
(e) | a reference to paying winnings in relation to a bet includes a reference |
| |
to providing a prize in money’s worth, |
| |
(f) | a reference to postal services does not include a reference to facsimile |
| |
| 45 |
(g) | a reference to premises includes a reference to part of premises, |
| |
(h) | a reference to promoting a lottery is to be construed in accordance with |
| |
| |
|
| |
|
| |
|
(i) | a reference to providing facilities for gambling is to be construed in |
| |
accordance with section 5, |
| |
(j) | a reference to publication includes a reference to display, and |
| |
(k) | a reference to the sale, supply or purchase of a lottery ticket is to be |
| |
construed in accordance with section 243. |
| 5 |
(3) | For the purposes of this Act a reference to a virtual game, race or other event |
| |
or process is a reference to— |
| |
(a) | images generated by computer so as to resemble all or part of a game, |
| |
race or other event or process of a kind that is played by or involves |
| |
actual people, animals or things, |
| 10 |
(b) | images generated by computer so as to represent an imaginary game, |
| |
race or other event or process, or |
| |
(c) | any game, race or other event or process the result of which is |
| |
| |
(4) | A requirement under this Act to give a notice (or to notify) is a requirement to |
| 15 |
give notice in writing; and for that purpose— |
| |
(a) | a message sent by facsimile transmission or electronic mail shall be |
| |
treated as a notice given in writing, and |
| |
(b) | a notice sent to a licensee at the address specified for that purpose in the |
| |
licence shall, unless the contrary is proved, be treated as reaching him |
| 20 |
within a period within which it could reasonably be expected to reach |
| |
him in the ordinary course of events. |
| |
(5) | A reference in this Act to an act which is authorised by a licence or other |
| |
document does not include a reference to an act which would be authorised by |
| |
the licence or document but for failure to comply with a term or condition. |
| 25 |
| |
(1) | This Act binds the Crown. |
| |
(2) | But this Act shall have no effect in relation to anything done on, or in relation |
| |
to any use of, premises occupied (temporarily or permanently) by Her |
| |
Majesty’s naval forces, military forces or air forces (within the meaning given |
| 30 |
by section 225(1) of the Army Act 1955 (c. 18)). |
| |
342 | Regulations, orders and rules |
| |
(1) | Regulations or rules under this Act, or an order of the Secretary of State under |
| |
| |
(a) | may make provision which applies generally or only for specified |
| 35 |
purposes or in specified cases or circumstances, |
| |
(b) | may make different provision for different purposes, cases or |
| |
| |
(c) | may include incidental, consequential or transitional provision. |
| |
(2) | A provision of this Act which permits regulations, rules or an order to make |
| 40 |
provision of a specified kind is without prejudice to the generality of |
| |
| |
(3) | Regulations or rules under this Act, or an order of the Secretary of State under |
| |
this Act, shall be made by statutory instrument. |
| |
|
| |
|
| |
|
(4) | Regulations under any of the following provisions shall not be made by the |
| |
Secretary of State unless a draft has been laid before and approved by |
| |
resolution of each House of Parliament— |
| |
| |
| 5 |
| |
| |
| |
| |
| 10 |
| |
| |
(5) | Regulations or rules made by the Secretary of State under any other provision |
| |
of this Act shall be subject to annulment in pursuance of a resolution of either |
| |
| 15 |
(6) | An order of the Secretary of State under this Act shall not be made unless a |
| |
draft has been laid before and approved by resolution of each House of |
| |
Parliament (subject to subsection (7)). |
| |
| |
(a) | shall not apply to an order under section 337(6) or 339 or under Part 2 |
| 20 |
of Schedule 7 or Part 2 of Schedule 18, which shall instead be subject to |
| |
annulment in pursuance of a resolution of either House of Parliament, |
| |
| |
(b) | shall not apply to an order under section 345, which shall, if it includes |
| |
provision by virtue of Part 1 of Schedule 18, instead be subject to |
| 25 |
annulment in pursuance of a resolution of either House of Parliament. |
| |
(8) | Regulations under a provision specified in subsection (4) shall not be made by |
| |
the Scottish Ministers unless a draft has been laid before and approved by |
| |
resolution of the Scottish Parliament. |
| |
(9) | Regulations made by the Scottish Ministers under any other provision of this |
| 30 |
Act shall be subject to annulment in pursuance of a resolution of the Scottish |
| |
| |
343 | Amendments and repeals |
| |
(1) | Schedule 16 (minor and consequential amendments) shall have effect. |
| |
(2) | An amendment in that Schedule shall have the same extent as the enactment |
| 35 |
amended (or as the relevant portion of the enactment amended). |
| |
(3) | The following shall cease to have effect— |
| |
(a) | the Gaming Act 1710 (c. 19), |
| |
(b) | the Gaming Act 1738 (c. 28), |
| |
(c) | the Gaming Act 1835 (c. 41), |
| 40 |
(d) | the Gaming Act 1845 (c. 109), |
| |
(e) | the Gaming Act 1892 (c. 9), |
| |
(f) | the Betting, Gaming and Lotteries Act 1963 (c. 2), |
| |
(g) | the Gaming Act 1968 (c. 65), |
| |
(h) | the Lotteries Act 1975 (c. 58), and |
| 45 |
|
| |
|
| |
|
(i) | the Lotteries and Amusements Act 1976 (c. 32). |
| |
(4) | The enactments listed in Schedule 17 are hereby repealed to the extent |
| |
| |
(5) | A repeal in that Schedule shall have the same extent as the provision repealed |
| |
(subject to the Note to that Schedule). |
| 5 |
| |
(1) | Expenditure of a Minister of the Crown in connection with this Act shall be |
| |
paid out of money provided by Parliament. |
| |
(2) | A sum received by a Minister of the Crown in connection with this Act shall be |
| |
paid into the Consolidated Fund. |
| 10 |
| |
(1) | The preceding provisions of this Act shall come into force in accordance with |
| |
provision made by the Secretary of State by order. |
| |
(2) | An order under subsection (1) may (without prejudice to the generality of |
| |
| 15 |
(a) | bring only specified provisions into force; |
| |
(b) | bring different provisions into force at different times; |
| |
(c) | bring a provision into force for a specified purpose only; |
| |
(d) | bring a provision into force at different times for different purposes; |
| |
(e) | in particular, bring Part 2 into force only for specified preliminary |
| 20 |
purposes relating to the establishment of the Commission (which may |
| |
include the assumption of functions of the Gaming Board for Great |
| |
Britain pending the commencement of repeals made by this Act); |
| |
(f) | in particular, bring a provision of this Act into force for the purpose of |
| |
enabling an advance application for a licence or permit to be made, |
| 25 |
considered and determined; |
| |
(g) | in particular, bring an offence or other provision of this Act into force |
| |
only in relation to gambling of a specified class or in specified |
| |
| |
(3) | Schedule 18 (transitional) shall have effect. |
| 30 |
| |
(1) | The following provisions of this Act extend to England and Wales, Scotland |
| |
| |
(a) | section 42, section 319 and |
| |
(b) | section 328 (and the related entry in Schedule 17). |
| 35 |
(2) | The other provisions of this Act shall extend only to— |
| |
(a) | England and Wales, and |
| |
| |
(3) | This section is subject to section 343. |
| |
|
| |
|