|
| |
|
(2) | A transaction to which this section applies which is pool betting (within the |
| |
meaning of section 12) shall be treated for the purposes of this Act as betting |
| |
| |
(3) | Any other transaction to which this section applies shall be treated for the |
| |
purposes of this Act as gaming (and not as betting). |
| 5 |
(4) | This section is subject to regulations under section 6(6). |
| |
| |
(1) | This section applies to an arrangement which satisfies— |
| |
(a) | the definition of a game of chance in section 6, and |
| |
(b) | the definition of a lottery in section 14. |
| 10 |
(2) | An arrangement to which this section applies shall be treated for the purposes |
| |
of this Act as a game of chance (and not as a lottery) if a person who pays in |
| |
order to join the class amongst whose members prizes are allocated is required |
| |
to participate in, or to be successful in, more than three processes before |
| |
becoming entitled to a prize. |
| 15 |
(3) | An arrangement to which this section applies shall, subject to subsection (2), be |
| |
treated for the purposes of this Act as a lottery (and not as a game of chance) |
| |
| |
(a) | it satisfies paragraph 1(1)(a) and (b) of Schedule 11, |
| |
(b) | it satisfies paragraph 9(1)(a) and (b) of Schedule 11, |
| 20 |
(c) | it satisfies paragraph 10(1)(a) and (b) of Schedule 11, |
| |
(d) | it satisfies paragraph 11(1)(a) and (b) of Schedule 11, |
| |
(e) | it satisfies paragraph 20(1)(a) and (b) of Schedule 11, |
| |
(f) | it satisfies paragraph 30(1)(a) and (b) of Schedule 11, or |
| |
(g) | it is promoted in reliance on a lottery operating licence. |
| 25 |
(4) | Any other arrangement to which this section applies shall be treated for the |
| |
purposes of this Act as a game of chance (and not as a lottery). |
| |
(5) | This section is subject to regulations under section 6(6) or 14(7). |
| |
| |
(1) | This section applies to a transaction which satisfies the definition of |
| 30 |
participating in a lottery in section 14 and also— |
| |
(a) | satisfies the definition of pool betting in section 12, or |
| |
(b) | satisfies the definition of betting in section 9 by virtue of section 11. |
| |
(2) | A transaction to which this section applies shall be treated for the purposes of |
| |
this Act as participating in a lottery (and not as betting) if— |
| 35 |
(a) | it satisfies paragraph 1(1)(a) and (b) of Schedule 11, |
| |
(b) | it satisfies paragraph 9(1)(a) and (b) of Schedule 11, |
| |
(c) | it satisfies paragraph 10(1)(a) and (b) of Schedule 11, |
| |
(d) | it satisfies paragraph 11(1)(a) and (b) of Schedule 11, |
| |
(e) | it satisfies paragraph 20(1)(a) and (b) of Schedule 11, |
| 40 |
(f) | it satisfies paragraph 30(1)(a) and (b) of Schedule 11, or |
| |
(g) | it is promoted in reliance on a lottery operating licence. |
| |
|
| |
|
| |
|
(3) | Any other transaction to which this section applies shall be treated for the |
| |
purposes of this Act as betting (and not as participating in a lottery). |
| |
(4) | This section is subject to regulations under section 14(7). |
| |
| |
19 | Non-commercial society |
| 5 |
(1) | For the purposes of this Act a society is non-commercial if it is established and |
| |
| |
(a) | for charitable purposes, |
| |
(b) | for the purpose of enabling participation in, or of supporting, sport, |
| |
athletics or a cultural activity, or |
| 10 |
(c) | for any other non-commercial purpose other than that of private gain. |
| |
(2) | In subsection (1) “charitable purposes” means— |
| |
(a) | in relation to England and Wales, purposes which are exclusively |
| |
charitable according to the law of England and Wales, and |
| |
(b) | in relation to Scotland, purposes which are charitable purposes only |
| 15 |
(that expression having the same meaning as in the Income Tax Acts). |
| |
(3) | The provision of a benefit to one or more individuals is not a provision for the |
| |
purpose of private gain for the purposes of this Act if made in the course of the |
| |
activities of a society that is a non-commercial society by virtue of subsection |
| |
| 20 |
| |
| |
20 | Establishment of the Commission |
| |
(1) | There shall be a body corporate to be known as the Gambling Commission. |
| |
(2) | Schedule 4 (which makes provision about the constitution and proceedings of |
| 25 |
the Commission) shall have effect. |
| |
21 | Gaming Board: transfer to Commission |
| |
(1) | Section 10 of and Schedule 1 to the Gaming Act 1968 (c. 65) (Gaming Board for |
| |
Great Britain) shall cease to have effect. |
| |
(2) | The functions, rights and liabilities of the Gaming Board for Great Britain shall |
| 30 |
on commencement become functions, rights and liabilities of the Gambling |
| |
| |
(3) | The persons who immediately before commencement are the members of the |
| |
Gaming Board for Great Britain shall be treated as if on commencement they |
| |
were appointed as commissioners of the Gambling Commission under |
| 35 |
paragraph 1 of Schedule 4 to this Act. |
| |
(4) | The person who immediately before commencement is the chairman of the |
| |
Gaming Board for Great Britain shall be treated as if on commencement he |
| |
were appointed as the chairman of the Gambling Commission under |
| |
paragraph 1 of Schedule 4 to this Act. |
| 40 |
|
| |
|
| |
|
(5) | In this section “commencement” means the coming into force of this section. |
| |
(6) | Schedule 5 (which makes supplementary provision in relation to the transfer |
| |
of functions and property from the Gaming Board to the Gambling |
| |
Commission) shall have effect. |
| |
22 | Duty to promote the licensing objectives |
| 5 |
In exercising its functions under this Act the Commission shall aim— |
| |
(a) | to pursue, and wherever appropriate to have regard to, the licensing |
| |
| |
(b) | to permit gambling, in so far as the Commission thinks it reasonably |
| |
consistent with pursuit of the licensing objectives. |
| 10 |
23 | Policy for licensing and regulation |
| |
(1) | The Commission shall prepare a statement setting out the principles to be |
| |
applied by it in exercising its functions under this Act. |
| |
(2) | The statement under this section shall, in particular, explain how the principles |
| |
to be applied are expected to assist the Commission in its pursuit of the |
| 15 |
| |
(3) | The Commission shall— |
| |
(a) | review the statement from time to time, and |
| |
(b) | revise the statement when the Commission thinks it appropriate. |
| |
(4) | The Commission shall as soon as is reasonably practicable publish— |
| 20 |
| |
| |
(5) | Before issuing or revising a statement under this section the Commission shall |
| |
| |
(a) | the Secretary of State, |
| 25 |
(b) | Her Majesty’s Commissioners of Customs and Excise, |
| |
(c) | one or more persons who appear to the Commission to represent local |
| |
| |
(d) | one or more persons who appear to the Commission to represent chief |
| |
constables of police forces, |
| 30 |
(e) | one or more persons who appear to the Commission to represent the |
| |
interests of persons carrying on gambling businesses, |
| |
(f) | one or more persons who appear to the Commission to have |
| |
knowledge about social problems relating to gambling, and |
| |
(g) | to such extent and in such manner as the Commission thinks |
| 35 |
appropriate, members of the public. |
| |
| |
(1) | The Commission shall issue one or more codes of practice about the manner in |
| |
which facilities for gambling are provided (whether by the holder of a licence |
| |
under this Act or by another person). |
| 40 |
(2) | In particular, a code shall describe arrangements that should be made by a |
| |
person providing facilities for gambling for the purposes of— |
| |
|
| |
|
| |
|
(a) | ensuring that gambling is conducted in a fair and open way, |
| |
(b) | protecting children and other vulnerable persons from being harmed or |
| |
exploited by gambling, and |
| |
(c) | making assistance available to persons who are or may be affected by |
| |
problems related to gambling. |
| 5 |
(3) | A code may include provision about the advertising of facilities for gambling. |
| |
(4) | A code may be revised or revoked by the Commission. |
| |
(5) | A code, and any revision, must state when it comes into force. |
| |
(6) | The Commission shall publish a code and any revision in a manner which the |
| |
Commission thinks likely to bring it to the attention of those whose activities it |
| 10 |
| |
(7) | The Commission may make different provision under this section for different |
| |
cases or circumstances (whether or not by way of separate codes of practice). |
| |
(8) | A failure to comply with a provision of a code shall not of itself make a person |
| |
liable to criminal or civil proceedings; but this subsection is subject to any |
| 15 |
provision of or by virtue of this Act making an exception to an offence |
| |
dependent on compliance with a code. |
| |
| |
(a) | shall be admissible in evidence in criminal or civil proceedings, |
| |
(b) | shall be taken into account by a court or tribunal in any case in which it |
| 20 |
appears to the court or tribunal to be relevant, and |
| |
(c) | shall be taken into account by the Commission in the exercise of a |
| |
| |
(10) | Before issuing or revising a code under this section the Commission shall |
| |
| 25 |
(a) | the Secretary of State, |
| |
(b) | Her Majesty’s Commissioners of Customs and Excise, |
| |
(c) | one or more persons who appear to the Commission to represent the |
| |
interests of persons who— |
| |
(i) | carry on gambling businesses, and |
| 30 |
(ii) | are likely to be affected by the code or revision, |
| |
(d) | one or more persons who appear to the Commission to have |
| |
knowledge about social problems relating to gambling, and |
| |
(e) | in the case of a code including provision by virtue of subsection (3), one |
| |
or more persons who appear to the Commission to have a relevant |
| 35 |
responsibility for regulating the advertising industry. |
| |
(11) | Before issuing or revising a code under this section the Commission shall also |
| |
consult, if and to the extent that the Commission thinks appropriate having |
| |
regard to the nature of the code or revision— |
| |
(a) | one or more persons who appear to the Commission to represent local |
| 40 |
| |
(b) | one or more persons who appear to the Commission to represent chief |
| |
constables of police forces, |
| |
(c) | one or more persons who appear to the Commission to represent the |
| |
interests of persons carrying on gambling businesses (apart from those |
| 45 |
consulted under subsection (10)(c)), and |
| |
|
| |
|
| |
|
(d) | in such manner as the Commission thinks appropriate, members of the |
| |
| |
25 | Guidance to local authorities |
| |
(1) | The Commission shall from time to time issue guidance as to— |
| |
(a) | the manner in which local authorities are to exercise their functions |
| 5 |
| |
(b) | in particular, the principles to be applied by local authorities in |
| |
exercising functions under this Act. |
| |
(2) | A local authority shall have regard to guidance issued under subsection (1). |
| |
(3) | The Commission shall publish guidance issued under subsection (1). |
| 10 |
(4) | Before issuing guidance under subsection (1) the Commission shall consult— |
| |
(a) | the Secretary of State, |
| |
(b) | Her Majesty’s Commissioners of Customs and Excise, |
| |
(c) | the Scottish Ministers, |
| |
(d) | one or more persons who appear to the Commission to represent local |
| 15 |
| |
(e) | one or more persons who appear to the Commission to represent the |
| |
interests of persons carrying on gambling businesses, and |
| |
(f) | one or more persons who appear to the Commission to have |
| |
knowledge about social problems relating to gambling. |
| 20 |
(5) | Before issuing guidance under subsection (1) the Commission shall also |
| |
consult, if and to the extent that the Commission thinks appropriate having |
| |
regard to the nature of the guidance— |
| |
(a) | one or more persons who appear to the Commission to represent chief |
| |
constables of police forces, and |
| 25 |
(b) | in such manner as the Commission thinks appropriate, members of the |
| |
| |
(6) | In this section “local authority” means— |
| |
(a) | in relation to England— |
| |
| 30 |
(ii) | a county council for a county in which there are no district |
| |
| |
(iii) | a London borough council, |
| |
(iv) | the Common Council of the City of London, and |
| |
(v) | the Council of the Isles of Scilly, |
| 35 |
(b) | in relation to Wales— |
| |
(i) | a county council, and |
| |
(ii) | a county borough council, and |
| |
(c) | in relation to Scotland, a licensing board constituted under section 1 of |
| |
the Licensing (Scotland) Act 1976 (c. 66). |
| 40 |
26 | Duty to advise Secretary of State |
| |
(1) | The Commission shall give advice to the Secretary of State about— |
| |
(a) | the incidence of gambling, |
| |
(b) | the manner in which gambling is carried on, |
| |
|
| |
|
| |
|
(c) | the effects of gambling, and |
| |
(d) | the regulation of gambling. |
| |
(2) | Advice under this section shall be given— |
| |
(a) | in response to a request from the Secretary of State, and |
| |
(b) | on such other occasions as the Commission thinks appropriate. |
| 5 |
(3) | The Commission shall send a copy of any advice under this section to the |
| |
| |
27 | Investigation and prosecution of offences |
| |
| |
(a) | may investigate whether an offence has been committed under this Act, |
| 10 |
| |
(b) | may institute criminal proceedings in respect of an offence under this |
| |
| |
(2) | The power in subsection (1)(a) may be exercised whether in response to |
| |
information received by the Commission or otherwise. |
| 15 |
(3) | Subsection (1)(b) shall not apply in relation to the institution of proceedings in |
| |
| |
28 | Licensing authority information |
| |
(1) | The Commission may require a licensing authority to provide information |
| |
| 20 |
(a) | forms part of a register maintained by the authority under this Act, or |
| |
(b) | is in the possession of the authority in connection with a provision of |
| |
| |
(2) | A requirement under subsection (1) may include a requirement for information |
| |
| 25 |
(a) | compiled or collated in a specified manner; |
| |
(b) | provided in a specified form. |
| |
(3) | A licensing authority shall comply with a requirement under this section. |
| |
29 | Other exchange of information |
| |
(1) | The Commission may provide information received by it in the exercise of its |
| 30 |
functions to any of the persons or bodies listed in Schedule 6— |
| |
(a) | for use in the exercise of the person’s or body’s functions, or |
| |
(b) | for the purpose of a function of the Commission. |
| |
(2) | Any of the persons or bodies listed in Schedule 6 may provide to the |
| |
Commission, for use in the exercise of its functions, information received by |
| 35 |
the person or body in the exercise of his or its functions. |
| |
(3) | Provision of information in reliance on this section may be subject to conditions |
| |
(whether as to use, storage, disposal or otherwise). |
| |
|
| |
|