Gambling Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 18 — Miscellaneous and General
150

“lottery manager’s operating licence” has the meaning given by section
95,
“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,
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“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
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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
at least one passenger,
“personal licence” means a licence issued under Part 6,
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“pool betting” has the meaning given by section 12,
“premises” includes any place and, in particular—
(a)
a vessel, and
(b)
a vehicle,
“premises licence” means a licence issued under Part 8,
25
“private betting” has the meaning given by section 285 and Part 2 of
Schedule 15,
“private gaming” has the meaning given by section 285 and Part 1 of
Schedule 15,
“private gain” is to be construed in accordance with section 19(3),
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“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
229,
“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
given by section 289,
“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
intended to take place,
“real”, in relation to a game, event or process means non-virtual,
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“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,

Gambling Bill
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“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
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which either—
(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,
or
(b)
is used in calculating the total amount of winnings or value of
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prizes in respect of the gambling in which the person making
the stake participates,
“supply” includes—
(a)
sale,
(b)
lease, and
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(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
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place,
“travelling fair” has the meaning given by section 276,
“vehicle” includes—
(a)
a train, and
(b)
an aircraft,
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“vessel” includes—
(a)
anything designed or adapted for navigation or other use in, on
or over water, and
(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
or in money’s worth, and
“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,
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(b)
a reference to advertising is to be construed in accordance with section
315,
(c)
a reference to participating in a lottery is to be construed in accordance
with section 14,
(d)
a reference to installing computer software includes a reference to
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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
transmission,
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(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
section 242,

Gambling Bill
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(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.
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(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,
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(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
determined by computer.
(4)
A requirement under this Act to give a notice (or to notify) is a requirement to
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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
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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.
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341
Crown application
(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
this Act—
(a)
may make provision which applies generally or only for specified
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purposes or in specified cases or circumstances,
(b)
may make different provision for different purposes, cases or
circumstances, and
(c)
may include incidental, consequential or transitional provision.
(2)
A provision of this Act which permits regulations, rules or an order to make
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provision of a specified kind is without prejudice to the generality of
subsection (1).
(3)
Regulations or rules under this Act, or an order of the Secretary of State under
this Act, shall be made by statutory instrument.

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(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—
(a)
section 4,
(b)
section 6,
5
(c)
section 7,
(d)
section 14,
(e)
section 76,
(f)
section 120,
(g)
section 162,
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(h)
section 163, and
(i)
section 226.
(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
House of Parliament.
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(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)).
(7)
Subsection (6)—
(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,
and
(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
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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
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Act shall be subject to annulment in pursuance of a resolution of the Scottish
Parliament.
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
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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),
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(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
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(i)
the Lotteries and Amusements Act 1976 (c. 32).
(4)
The enactments listed in Schedule 17 are hereby repealed to the extent
specified.
(5)
A repeal in that Schedule shall have the same extent as the provision repealed
(subject to the Note to that Schedule).
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344
Money
(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.
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345
Commencement
(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
section 342(1))—
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(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
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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,
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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
circumstances.
(3)
Schedule 18 (transitional) shall have effect.
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346
Extent
(1)
The following provisions of this Act extend to England and Wales, Scotland
and Northern Ireland—
(a)
section 42, section 319 and
(b)
section 328 (and the related entry in Schedule 17).
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(2)
The other provisions of this Act shall extend only to—
(a)
England and Wales, and
(b)
Scotland.
(3)
This section is subject to section 343.