Legalize / United Kingdom / Public General Act

Gambling Act 2005

Type Public General Act

Publication 2005-04-07

Last updated 2025-07-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) that the purpose of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).

(5) A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.

(6) In the application of this section to Scotland, any reference to a justice of the peace is to be construed as a reference to the sheriff or a justice of the peace.

Inspection of gambling

307

(1) A constable, enforcement officer or authorised person may enter premises to which this section applies for a purpose specified in subsection (3).

(2) This section applies to premises if a constable, enforcement officer or authorised person reasonably suspects that facilities for gambling other than private and non-commercial gaming or betting may be being provided, may be about to be provided or have been provided, on the premises.

(3) The purposes mentioned in subsection (1) are—

(a) to discover whether facilities for gambling other than private and non-commercial gaming or betting are being provided, are about to be provided or have been provided on the premises,

(b) to determine whether an operating licence or premises licence is held in respect of the provision of facilities for gambling on the premises, and

(c) to determine whether facilities are being, will be or have been provided in accordance with the terms and conditions of an operating licence or premises licence.

Operating licence holders

308

(1) A constable or enforcement officer may enter premises to which this section applies for the purpose specified in subsection (3).

(2) This section applies to premises which a constable or enforcement officer reasonably believes to be used by the holder of an operating licence wholly or partly for purposes connected with the licensed activities.

(3) The purpose mentioned in subsection (1) is to determine whether the licensed activities are being carried on in accordance with the terms and conditions of the operating licence.

Family entertainment centres

309

(1) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an application has been made for a family entertainment centre gaming machine permit for a purpose connected with the consideration of the application.

(2) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which a family entertainment centre gaming machine permit has effect for the purpose of determining whether the gaming machines used on the premises, and the arrangements for their use, comply with the requirements of this Act and regulations under it.

Premises licensed for alcohol

310

(1) An enforcement officer or an authorised local authority officer may enter premises in respect of which an application has been made under Schedule 13 for a purpose connected with the consideration of the application.

(2) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an on-premises alcohol licence has effect for the purpose of—

(a) determining whether gaming carried on satisfies the conditions in section 279;

(b) in the case of bingo played on the premises, determining—

(i) whether the terms and conditions of any relevant operating licence are being complied with;

(ii) whether section 281 applies;

Prize gaming permit

311

(1) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an application has been made for a prize gaming permit for a purpose connected with the consideration of the application.

(2) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which a prize gaming permit has effect for the purposes of determining whether prize gaming on the premises complies with the requirements of this Act and regulations under it.

Clubs

312

(1) A constable or enforcement officer may enter premises to which this section applies for a purpose specified in subsection (3).

(2) This section applies to premises which a constable or enforcement officer reasonably believes to be used by a members' club, a commercial club or a miners' welfare institute.

(3) The purposes mentioned in subsection (1) are—

(a) to determine whether gaming is taking place on the premises or is about to take place on the premises,

(b) to determine whether any gaming that is taking place or is about to take place on the premises is in accordance with—

(i) section 269,

(ii) a club gaming permit, or

(iii) a club machine permit.

(4) An authorised local authority officer may enter premises in respect of which an application has been made for a club gaming permit or a club machine permit for a purpose connected with the consideration of the application.

Licensed premises

313

(1) A constable, enforcement officer or authorised person may enter premises in respect of which an application for a premises licence has been made to assess, having regard to the licensing objectives, the likely effects of activity carried on in reliance on the premises licence.

(2) A constable, enforcement officer or authorised person may enter premises in respect of which a premises licence has effect for a purpose connected with a review under section 201.

Lotteries: registered societies

314

Where a society is registered with a local authority in accordance with Part 5 of Schedule 11, an enforcement officer or an authorised local authority officer may enter premises owned or used by the society for the purpose of making inquiries in connection with a lottery promoted on behalf of the society.

Temporary use notice

315

(1) A constable, enforcement officer or authorised person may enter premises in respect of which a temporary use notice has been given to assess, having regard to the licensing objectives, the likely effects of activity carried on in reliance on the temporary use notice.

(2) A constable, enforcement officer or authorised person may enter premises in respect of which a temporary use notice has effect to determine whether an activity of a kind listed in section 37(1) is being carried on otherwise than in accordance with the temporary use notice.

Authorisations: production on demand

316

(1) A constable or enforcement officer may require the holder of an operating licence to produce to the constable or enforcement officer within a specified period a copy of any authorisation given by the holder of the licence under section 93(2) or (3) or 94(2).

(2) While a person is holding himself out as willing to accept bets on behalf of the holder of an operating licence in accordance with section 93(2) or (3) or 94(2), a constable or enforcement officer may require the person to produce a copy of his authorisation under that section—

(a) within a specified period, or

(b) immediately.

(3) A constable or enforcement officer may require the holder of a casino premises licence to produce to the constable or enforcement officer within a specified period a copy of any authorisation given by the holder of the licence under section 174(3).

(4) While a person is carrying on an activity in reliance on an authorisation under section 174(3), a constable or enforcement officer may require the person to produce a copy of his authorisation under that section—

(a) within a specified period, or

(b) immediately.

(5) A person commits an offence if he fails without reasonable excuse to comply with a requirement imposed under this section.

(6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Powers and procedure

Powers

317

(1) A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part to enter premises may—

(a) inspect any part of the premises and any machine or other thing on the premises;

(b) question any person on the premises;

(d) require to be supplied with a copy, in such form as he directs, of an entry in a written or electronic record which is kept on the premises;

(e) remove and retain anything if he reasonably believes that it constitutes or contains evidence of—

(i) the commission of an offence under this Act, or

(ii) the breach of a term or condition of a licence issued under this Act;

(f) remove and retain anything if he reasonably believes that it is being used or has been used in the commission of an offence under this Act.

(2) The Secretary of State may by regulations make provision about the treatment of —

(a) copies supplied under subsection (1)(d), and

(b) things removed under subsection (1)(e) or (f).

(3) Regulations under subsection (2) may, in particular, make provision—

(a) about the retention, use, return, disposal or destruction of anything supplied or removed;

(b) conferring a right of appeal.

(4) The Secretary of State may by regulations make provision about the procedure to be followed in the exercise of a power under this section.

(5) Nothing in this Part authorises action to be taken in England and Wales in respect of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material, &c.).

(6) A person exercising a power under or by virtue of this Part shall have regard to any relevant provision of a code of practice under that Act (and guidance under section 25 may refer to a provision of a code).

(7) Subsection (6) does not apply as respects the exercise of a power in relation to Scotland.

Dwellings

318

(1) A power under this Part to enter premises without a warrant does not apply in relation to a dwelling.

(2) A justice of the peace may on the application of a constable, enforcement officer or authorised person issue a warrant authorising a constable, enforcement officer or authorised person to enter premises if the justice of the peace is satisfied—

(a) that, but for subsection (1), a constable, enforcement officer or authorised person would be able to enter the premises without a warrant in reliance on a provision of this Part, and

(b) that at least one of the conditions in subsection (3) is satisfied.

(3) Those conditions are—

(a) that admission to the premises has been refused,

(b) that admission to the premises is likely to be refused unless a warrant is produced,

(c) that the purpose of entry may be frustrated or seriously prejudiced unless a constable, enforcement officer or authorised person arriving at the premises can secure immediate entry, and

(d) that there is likely to be nobody at the premises capable of granting admission.

(4) A warrant may be granted in reliance on subsection (3)(a) or (b) only if the justice of the peace is satisfied—

(a) that notice has been given to a person occupying the premises, or having responsibility for their management, of intent to apply for a warrant, or

(b) that the purpose of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).

(5) A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.

(6) In the application of this section or section 319 to Scotland, any reference to a justice of the peace is to be construed as a reference to the sheriff or a justice of the peace.

Records

319

(1) A constable, enforcement officer or authorised person exercising a power of entry under or by virtue of this Part may exercise a power under section 317(1)(c) to (e) in relation to records (whether written or electronic) only if the records relate entirely to the matters to which the power of entry relates.

(2) A justice of the peace may on the application of a constable, enforcement officer or authorised person issue a warrant disapplying subsection (1) to a specified extent if the justice of the peace is satisfied that the disapplication is necessary.

(3) A warrant may be granted under subsection (2) only if the justice of the peace is satisfied—

(a) that notice has been given to a person in control of the records of intent to apply for a warrant, or

(b) that the purpose of exercising the power of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).

(4) A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.

Timing

320

A power under or by virtue of this Part may be exercised only at a reasonable time.

Evidence of authorisation

321

An enforcement officer or authorised person seeking to exercise a power under or by virtue of this Part must produce evidence of his identity and authority to a person (if there is one) who appears to the enforcement officer or authorised person to be occupying the relevant premises or to have responsibility for their management.

Information

322

(1) The Secretary of State shall make regulations requiring a person who exercises a power under or by virtue of this Part to provide information about the power and its exercise.

(2) Regulations under subsection (1) shall, in particular, make provision about—

(a) the information to be provided (which may include ancillary information about a provision of this Act or another enactment or about a rule of law);

(b) the form and manner in which the information is to be provided;

(c) the person to whom, or the place at which, the information is to be provided (which may, in particular, include provision for the supply of a copy if requested by a person within a specified class);

(d) timing.

(3) A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part shall comply with any relevant provision of regulations under this section.

Use of force

323

(1) A constable may use reasonable force for the purpose of entering premises in pursuance of a power under or by virtue of this Part.

(2) An enforcement officer may use reasonable force for the purpose of entering premises in pursuance of a power under or by virtue of section 306 or 307.

(3) An authorised person may use reasonable force for the purpose of entering premises in pursuance of a power under section 307.

Person accompanying inspector, &c.

324

A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part to enter premises may take one or more persons with him.

Securing premises after entry

325

A person who enters premises in reliance on a power under or by virtue of this Part shall take reasonable steps to ensure that when he leaves the premises they are as secure as they were before he entered.

Obstruction

326

(1) A person commits an offence if without reasonable excuse he obstructs, or fails to cooperate with, a constable, enforcement officer or authorised person who is exercising or seeking to exercise a power under or by virtue of this Part.

(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Part 16 — Advertising

Meaning of “advertising”

327

(1) For the purposes of this Act a person advertises gambling if—

(a) he does anything to encourage one or more persons to take advantage (whether directly or through an agent) of facilities for gambling,

(b) with a view to increasing the use of facilities for gambling, he brings them or information about them to the attention of one or more persons, or

(i) encourage one or more persons to take advantage (whether directly or through an agent) of facilities for gambling, or

(ii) increase the use of facilities for gambling by bringing them or information about them to the attention of one or more persons.

(2) For the purposes of subsection (1) a person shall be treated as bringing facilities for gambling to the attention of one or more persons with a view to increasing the use of the facilities if—

(a) he enters into arrangements (whether by way of sponsorship, brand-sharing or otherwise) under which a name is displayed in connection with an event or product, and

(b) either—

(i) the provision of facilities for gambling is the sole or main activity undertaken under that name, or

(ii) the manner or context in which the name is displayed is designed to draw attention to the fact that facilities for gambling are provided under that name.

Regulations

328

(1) The Secretary of State may make regulations controlling the advertising of gambling.

(2) The regulations may, in particular, make provision about—

(a) the form of advertisements;

(b) the content of advertisements;

(d) location.

(3) Regulations by virtue of subsection (2)(b) may, in particular, require specified words to be included in advertisements.

(4) In making regulations under this section the Secretary of State shall, in particular, have regard to the need to protect children and other vulnerable persons from being harmed or exploited by gambling.

(5) A person commits an offence if he contravenes a requirement of regulations under this section.

(6) Regulations under this section may provide defences (whether similar to those provided by section 330 or otherwise).

(7) 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

(8) Where a person commits an offence under this section by causing an advertisement to be displayed or made accessible, he shall be treated as committing the offence on each day during any part of which the advertisement is displayed or made accessible.

(9) Regulations under this section may, in particular, make provision generally or by reference to—

(a) specified classes of gambling,

(b) specified classes of advertisement, or

(10) In the application of subsection (7) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Broadcasting

329

(1) Regulations under section 328 may not make provision about advertising by way of television or radio services to which section 319 of the Communications Act 2003 (c. 21) applies.

(2) The Office of Communications shall under that section set, review and revise standards in respect of advertisements for gambling.

(3) In complying with subsection (2) the Office of Communications—

(a) shall consult the Gambling Commission, and

(b) shall ensure that the standards reflect the provisions of regulations under section 328.

(4) Regulations under section 328 may not make provision about advertising by way of a service which—

(a) is provided by the British Broadcasting Corporation, and

(b) would be licensable under Part 1 or 3 of the Broadcasting Act 1990 (c. 42) or under Part 1 or 2 of the Broadcasting Act 1996 (c. 55) were it provided by a person subject to licensing under that Part.

Unlawful gambling

330

(1) A person commits an offence if he advertises unlawful gambling.

(2) For the purposes of this section advertised gambling is unlawful if—

(a) in order for the gambling to take place as advertised without the commission of an offence under this Act it would or might be necessary to rely on a licence, notice, permit or registration under this Act or an an exception to an offence under this Act, and

(b) at the time of advertising—

(i) arrangements for a licence, notice, permit or registration, sufficient to prevent the commission of an offence under this Act if the gambling takes place as advertised, have not been completed, and

(ii) the arrangements for the gambling as advertised are not such as to ensure that an exception to the offence will apply.

(3) Subsection (1) does not apply to anything done by way of promoting a lottery.

(4) It is a defence for a person charged with an offence under subsection (1) by reference to action of a kind described in section 327(1)(a) or (b) to show that he reasonably believed that the advertised gambling was lawful.

(5) Where a person acts in a way described in section 327(1)(c) he commits the offence under subsection (1) above only if he knows or should know that the advertised gambling is unlawful.

(6) A person does not commit an offence under subsection (1) by reason only of delivering, transmitting or broadcasting a communication or making data available if—

(a) he acts in the course of a business of delivering, transmitting or broadcasting communications (in whatever form or by whatever means) or making data available, and

(b) the nature of the business is such that persons undertaking it have no control over the nature or content of the communications or data.

(7) A person guilty of an offence under this section 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

(8) Where a person commits an offence under this section by causing an advertisement to be displayed or made accessible, he shall be treated as committing the offence on each day during any part of which the advertisement is displayed or made accessible.

(9) In the application of subsection (7) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Foreign gambling

331

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Territorial application: non-remote advertising

332

(1) Regulations under section 328 shall apply to anything in the way of advertising which is done—

(a) wholly or partly in Great Britain, and

(b) otherwise than by way of remote communication.

(2) The prohibition in section 330(1) applies to anything in the way of advertising which is done—

(a) wholly or partly in Great Britain, and

(b) otherwise than by way of remote communication.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of this section the following are immaterial—

(a) the nature of gambling to which advertising relates (whether remote or non-remote), and

(b) the location of the gambling to which advertising relates.

Territorial application: remote advertising

333

(1) Regulations under section 328 shall have effect in relation to advertising by way of remote communication only if—

(a) the advertising satisfies the test in subsection (4),

(b) the advertising satisfies the additional test in subsection (5) or (6), if relevant, and

(2) The prohibition in section 330(1) applies to advertising by way of remote communication only if—

(a) the advertising satisfies the test in subsection (4),

(b) ...and

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The test referred to in subsections (1)(a) and (2)(a) is that the advertising involves—

(a) providing information, by whatever means (and whether or not using remote communication), intended to come to the attention of one or more persons in Great Britain,

(b) sending a communication intended to come to the attention of one or more persons in Great Britain,

(d) making data available in circumstances such that it is likely to be accessed by one or more persons in Great Britain.

(5) In the case of a broadcast by television, the additional test is that the advertising is included in a service falling within subsection (2) or (3) of section 211 of the Communications Act 2003 (regulation of independent television services).

(6) In the case of the dissemination of information by way of an information society service within the meaning of Directive 2000/31/EC on electronic commerce, the additional test is that the service provider—

(a) is established in the United Kingdom for the purposes of that Directive,

(b) is established in a non-EEA State for the purposes of that Directive, or

(c) has been notified that the conditions for derogation specified in Article 3(4) of that Directive are satisfied in relation to the application to the service provider of regulations under section 328 and of section 330.

(7) The reference to notification in subsection (6)(c) is a reference to written notice which—

(a) has been given by the Commission,

(b) has neither expired nor been withdrawn, and

(i) to the conditions specified in Article 3(4)(a) and (b), or

(ii) by virtue of Article 3(5), only to the conditions specified in Article 3(4)(a).

(8) In a case to which subsection (7)(c)(ii) applies, the Commission shall perform the duties of notification imposed on the United Kingdom by Article 3(5).

(9) The test referred to in subsections (1)(c) and (2)(c) is—

(a) in the case of non-remote gambling, that it is to take place in Great Britain, or

(b) in the case of remote gambling, that—

(i) at least one piece of remote gambling equipment to be used in providing facilities for the gambling is or will be situated in Great Britain, or

(ii) no such equipment is or will be situated in Great Britain, but the facilities are or will be capable of being used there.

Part 17 — Legality and Enforceability of Gambling Contracts

Repeal of provisions preventing enforcement

334

(1) The following shall cease to have effect—

(a) section 1 of the Gaming Act 1710 (c. 19) (voiding of security for winnings or for repayment of gaming loan, &c.),

(b) remaining provisions of the Gaming Act 1835 (c. 41) (security deemed given for illegal consideration),

(d) section 1 of the Gaming Act 1892 (c. 9) (voiding of promise to repay), and

(e) in section 412 of the Financial Services and Markets Act 2000 (c. 8) (gaming contracts)—

(i) in subsection (1)(a), the words “section 18 of the Gaming Act 1845, section 1 of the Gaming Act 1892 or”, and

(ii) subsection (1)(b).

(2) The repeals in subsection (1) do not permit enforcement of a right which is created, or which emanates from an agreement made, before this section comes into force.

Enforceability of gambling contracts

335

(1) The fact that a contract relates to gambling shall not prevent its enforcement.

(2) Subsection (1) is without prejudice to any rule of law preventing the enforcement of a contract on the grounds of unlawfulness (other than a rule relating specifically to gambling).

Power of Gambling Commission to void bet

336

(1) The Commission may make an order under this subsection in relation to a bet accepted by or through the holder of—

(a) a general betting operating licence,

(b) a pool betting operating licence, or

(2) Where the Commission makes an order under subsection (1) in relation to a bet—

(a) any contract or other arrangement in relation to the bet is void, and

(b) any money paid in relation to the bet (whether by way of stake, winnings, commission or otherwise) shall be repaid to the person who paid it, and repayment may be enforced as a debt due to that person.

(3) The Commission may make an order under subsection (1) in relation to a bet only if satisfied that the bet was substantially unfair.

(4) In considering whether a bet was unfair the Commission shall, in particular, take account of any of the following that applies—

(a) the fact that either party to the bet supplied insufficient, false or misleading information in connection with it,

(b) the fact that either party to the bet believed or ought to have believed that a race, competition or other event or process to which the bet related was or would be conducted in contravention of industry rules,

(c) the fact that either party to the bet believed or ought to have believed that an offence under section 42 had been or was likely to be committed in respect of anything to which the bet related, and

(d) the fact that either party to the bet was convicted of an offence under section 42 in relation to the bet.

(5) An order under subsection (1) may be made in relation to a bet only during the period of six months beginning with the day on which the result of the bet is determined.

(6) But subsection (5) shall not apply to an order made taking account of the fact that a party to the bet was convicted of an offence under section 42 in relation to it.

Section 336: supplementary

337

(1) Where the Commission makes an order under section 336(1) in relation to a bet a party to the bet or to any contract or other arrangement in relation to the bet may appeal to the First-tier Tribunal ; and the following provisions of Part 7 shall have effect (with any necessary modifications) in relation to an appeal under this section as they have effect in relation to an appeal under that Part—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) section 145,

(e) section 146,

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Commission may make an order under section 336(1) in relation to the whole, or any part or aspect of, a betting transaction.

(3) An order under section 336(1) may make incidental provision; in particular, an order may make provision about—

(a) the consequences of the order for bets connected with the bet which becomes void under the order;

(b) the consequences of the order for other parts or aspects of a betting transaction one part or aspect of which becomes void under the order.

(4) For the purposes of considering whether to make an order under section 336(1) in respect of a bet the Commission—

(a) may require a person by or through whom the bet is made or accepted to provide information or documents in relation to it, and

(b) may take into account information received from any other person.

(5) A person commits an offence if without reasonable excuse he fails to comply with a requirement under subsection (4).

(6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7) In section 336(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.

Interim moratorium

338

(1) Where the Commission has reason to suspect that it may wish to make an order under section 336(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.

(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—

(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 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 the fact that it—

(a) has made an order under subsection (1), and

(b) not made a subsequent order under section 336(1).

(8) But subsection (7) is without prejudice to any power of a court in legal proceedings (whether for tort or otherwise).

Part 18 — Miscellaneous and General

Miscellaneous

Prize competitions

339

Participating in a competition or other arrangement under which a person may 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

Foreign betting

340

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.

Offence committed by body

341

(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.

(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

(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.

(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 under, or in so far as the body is recognised by, law having effect outside the United Kingdom.

False information

342

(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 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 conviction to—

(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 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 taken).

Value of prize

343

(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—

(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;

(d) confer jurisdiction on a court or tribunal.

(3) The imposition by or by virtue of this Act of a maximum on the value of a prize does not prevent an arrangement between a person who has won one or more prizes and a person who provides facilities for gambling whereby the prize or prizes are exchanged (whether for money or for one or more articles); provided that—

(a) the amount of money or the value of the articles for which the prize or prizes are exchanged does not exceed the maximum amount or value of the prize, or the aggregate maximum amount or value of the prizes, that the person could lawfully have won, and

(b) the nature of the substituted prize or prizes complies with any requirements of or by virtue of this Act as to the nature of the prize or prizes that the person could lawfully have won.

Participation fees

344

(1) In this Act “participation fee” means an amount paid in respect of entitlement to participate in gambling; and for that purpose—

(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,

(b) a charge for admission to premises where gambling takes place shall be treated as a participation fee,

(d) a stake is not a participation fee.

(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 279, a membership subscription is a participation fee.

(4) The Secretary of State may make regulations providing, in connection with the operation of a provision made by or by virtue 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;

(b) provide for apportionment in accordance with a specified formula or principle;

Forfeiture

345

(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—

(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.

(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.

(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 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

(7) In the application of subsection (6) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Prosecution by licensing authority

346

(1) A licensing authority may institute criminal proceedings in respect of an offence under any of the following provisions of this Act—

(a) section 37,

(b) section 185,

(d) section 229,

(e) section 242,

(f) section 258,

(g) section 259,

(h) section 260,

(i) section 261,

(j) section 262,

(k) section 326,

(l) section 342,

(m) paragraph 20 of Schedule 10,

(n) paragraph 10 of Schedule 13, and

(o) paragraph 20 of Schedule 14.

(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.

Prosecution: time limit

347

(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.

(2) Section 127(1) of the Magistrates' Courts Act 1980 (c. 43) shall not apply to an offence under this Act.

Excluded premises

348

(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 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.

Three-year licensing policy

349

(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—

(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

(3) In preparing a statement or revision under this section a licensing authority 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 for the police area comprising that area,

(b) 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

(c) 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;

(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.

(7) Where a licensing authority is specified in an order under section 175 they shall ensure that their statement under this section includes the principles that they propose to apply in making determinations under paragraph 5 of Schedule 9.

Exchange of information

350

(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 may 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).

Power to amend Schedule 6

351

(1) The Secretary of State may by order amend Schedule 6 so as to—

(a) add an entry to a list (in Part 1, 2 or 3);

(b) remove an entry from a list (in Part 1, 2 or 3);

(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.

(3) An entry added to a list in Schedule 6 may specify a person or body or a class or description of persons or bodies.

(4) The power to add, remove or vary a Note may be exercised generally or in relation to a specified person or body or class or description of persons or bodies.

Data protection

352

(1) Nothing in this Act authorises a disclosure which contravenes the data protection legislation .

(2) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

General

Interpretation

353

(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 237,

“alcohol licence” has the meaning given by section 277,

“authorised local authority officer” has the meaning given by section 304,

“authorised person” has the meaning given by that section,

“betting” has the meaning given by sections 9 to 11, 37 and 150,

“betting intermediary” has the meaning given by section 13,

“bingo” means any version of that game, irrespective of by what name it is described,

“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 236,

“chief constables of police forces” has the same meaning in relation to England and Wales as in the Police Act 1996 (c. 16),

“child” has the meaning given by section 45,

“club gaming permit” has the meaning given by section 271,

“club machine permit” has the meaning given by section 273,

“commercial club” has the meaning given by section 267,

“the Commission” means the Gambling Commission,

“director”—has the meaning given by section 250 of the Companies Act 2006, andincludes a shadow director within the meaning of section 251 of that Act,

“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 255,

“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,

“enforcement officer” means a person designated or appointed as an enforcement officer under section 303,

“equal chance gaming” has the meaning given by section 8,

“exempt lottery” has the meaning given by section 258,

“external lottery manager” has the meaning given by section 257,

“fair” has the meaning given by section 286,

“family entertainment centre” has the meaning given by section 238,

“family entertainment centre gaming machine permit” has the meaning given by section 247,

“football pools” means an arrangement whereby—people compete for prizes by forecasting the results of association football games, andeach entry to the competition must forecast the results of at least four games,

“gambling” has the meaning given by section 3,

“gambling software” has the meaning given by section 41,

“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 235,

“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 238,

“licensed premises gaming machine permit” has the meaning given by section 283,

“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 256),

“lottery manager's operating licence” has the meaning given by section 98,

“lottery ticket” has the meaning given by section 253,

“machine” has the meaning given by section 235(3)(a),

“members' club” has the meaning given by section 266,

“miners' welfare institute” has the meaning given by section 268,

“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 302,

“non-commercial gaming” has the meaning given by section 297,

“non-commercial society” has the meaning given by section 19,

“occasional use notice” means a notice given under section 39,

“operating licence” means a licence issued under Part 5,

“on-premises alcohol licence” has the meaning given by section 277,

“participant”, in relation to a game of chance, includes a person who discharges an administrative or other function in relation to the game,

“participation fee” has the meaning given by section 344,

“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,

“pool betting” has the meaning given by section 12,

“premises” includes any place and, in particular—a vessel, anda vehicle,

“premises licence” means a licence issued under Part 8,

“private betting” has the meaning given by section 295 and Part 2 of Schedule 15,

“private gaming” has the meaning given by section 295 and Part 1 of Schedule 15,

“private gain” is to be construed in accordance with section 19(3),

“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 239,

“prize” in relation to a lottery has the meaning given by section 14,

“prize gaming” has the meaning given by section 288,

“prize gaming permit” has the meaning given by section 289,

“proceeds”, in relation to a lottery, has the meaning given by section 254,

“profits”, in relation to a lottery, has the meaning given by that section,

“profits”, in relation to non-commercial prize gaming, has the meaning given by section 299,

“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,

“relevant offence” has the meaning given by section 126 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 36,

“remote operating licence” has the meaning given by section 67,

“rollover”, in relation to a lottery, has the meaning given by section 256,

“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 which either—is used in calculating the amount of the winnings or the value of the prize that the person making the stake receives if successful, oris used in calculating the total amount of winnings or value of prizes in respect of the gambling in which the person making the stake participates,

“supply” includes—sale,lease, andplacing on premises with permission or in accordance with a contract or other arrangement,

“temporary use notice” has the meaning given by section 215,

“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 place,

“travelling fair” has the meaning given by section 286,

“vehicle” includes—a train,an aircraft,a seaplane, andan amphibious vehicle (other than a hovercraft within the meaning of the Hovercraft Act 1968 (c. 59)),

“vessel” includes—anything, other than a seaplane or an amphibious vehicle, designed or adapted for navigation or other use in, on or over water,a hovercraft (within the meaning of the Hovercraft Act 1968), and,anything, or any part of any place, situated in or on water,

“virtual” has the meaning given by subsection (3) below,

“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 45.

(2) In this Act, except where the context otherwise requires—

(a) a reference to accepting a bet includes a reference to negotiating a bet,

(b) a reference to advertising is to be construed in accordance with section 327,

(d) a reference to installing computer software includes a reference to 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,

(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 252,

(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 253.

(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,

(b) images generated by computer so as to represent an imaginary game, race or other event or process, or

(4) A requirement under this Act to give a notice (or to notify) is a requirement to 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 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.

Crown application

354

(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 any of Her Majesty's forces (within the meaning of the Armed Forces Act 2006)

(3) Section 40(3) of the Fire Precautions Act 1971 (c. 40) (conversion of reference to fire and rescue authority into reference to Her Majesty's Fire Inspectorate in relation to Crown premises) shall apply to a provision of this Act as it applies to provisions of that Act (but with the substitution for the reference to section 40(1) of a reference to subsection (1) above).

A reference to a responsible authority (being an authority mentioned in section 157(f) in a provision of this Act which, by virtue of subsection (1), applies to premises owned or occupied by the Crown shall have effect as if the reference were a reference to the enforcing authority (as defined in section 61(9) of the Fire Scotland Act 2005 (asp 5)).

Regulations, orders and rules

355

(1) Regulations or rules under this Act, or an order of the Secretary of State , the Welsh Ministers or the Scottish Ministers under this Act—

(a) may make provision which applies generally or only for specified purposes or in specified cases or circumstances,

(b) may make different provision for different purposes, cases or circumstances, and

(2) A provision of this Act which permits regulations, rules or an order to make 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 or the Welsh Ministers 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—

(a) section 4,

(b) section 6,

(d) section 14,

(e) section 78,

(f) section 123,

(g) section 167,

(h) section 168,

(i) section 236, and

(j) section 328.

(5) Regulations or rules made by a Minister of the Crown under any other provision of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(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 subsections (7) and (8)).

(7) Subsection (6) shall not apply to an order under section 349(6), to an order under section 351 other than an order adding an entry to the list in Part 2 or 3 of Schedule 6 or to an order under Part 2 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.

(8) Subsection (6) shall not apply to an order under section 358; but—

(a) an order under section 358(1) which includes provision made by virtue of section 358(4) or by virtue of Part 1 of Schedule 18 shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(b) an order under section 358(5) or (6) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(8A) An order of the Welsh Ministers under section 172 shall not be made unless a draft has been laid before and approved by resolution of the National Assembly for Wales.

(9) Subsection (3) does not apply to regulations made by the Scottish Ministers (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: functions exercisable by Scottish statutory instrument).

(10) Regulations made by the Scottish Ministers under a provision specified in subsection (4), or under section 285, and an order made by the Scottish Ministers under section 172, shall be subject to the affirmative procedure.

(11) Any other regulations made by the Scottish Ministers under a provision of this Act shall be subject to the negative procedure.

Amendments and repeals

356

(1) Schedule 16 (minor and consequential amendments) shall have effect.

(2) An amendment in that Schedule shall have the same extent as the enactment 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),

(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

(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).

Money

357

(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.

Commencement

358

(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 355(1))—

(a) bring only specified provisions into force;

(b) bring different provisions into force at different times;

(d) bring a provision into force at different times for different purposes;

(e) in particular, bring Part 2 into force only for specified preliminary 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, 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;

(h) include transitional provision modifying the application of a provision of this Act pending the commencement of, or pending the doing of anything under, a provision of another enactment.

(3) Schedule 18 (transitional) shall have effect.

(4) Without prejudice to the generality of section 355(1)(c) or of Schedule 18, an order under this section may—

(a) make savings (with or without modification) or transitional provision in connection with Part 1 or 2 of the Horserace Betting and Olympic Lottery Act 2004 (c. 25) (sale of the Horserace Totalisator Board (“the Tote”) and abolition of the horserace betting levy system);

(b) modify a provision of this Act in its application in relation to a matter addressed by Part 1 or 2 of that Act or so as to reflect a provision of Part 1 or 2 of that Act;

(c) modify a provision of Part 1 or 2 of that Act (including a provision which amends another enactment) so as to reflect a provision of this Act.

(5) If the Secretary of State brings into force a repeal effected by this Act at a time when the appointed day for the purposes of Part 1 of that Act has not been appointed or has not arrived, he may by order—

(a) save, with or without modification, a provision repealed by this Act in so far as it relates to the Tote;

(b) make provision in connection with the Tote of a kind similar to provision made by a provision repealed by this Act;

(d) modify a provision of Part 1 of that Act (including a provision which amends another enactment) so as to reflect a provision of this Act.

(6) If the Secretary of State wholly or partly brings into force the repeal by this Act of the Betting, Gaming and Lotteries Act 1963 (c. 2) at a time when the provisions listed in section 15(1)(a) to (c) of the Horserace Betting and Olympic Lottery Act 2004 (horserace betting levy system) have not been entirely repealed by order under that section, he may by order—

(a) save any of those provisions, with or without modification;

(b) make provision of a kind similar to any of those provisions;

(c) modify a provision of this Act for a purpose connected with a matter addressed by any of those provisions or by Part 2 of that Act;

(d) modify a provision of Part 2 of that Act (including a provision which amends another enactment) so as to reflect a provision of this Act.

Vessels: territorial limitations

359

(1) A person does not commit an offence under Part 3, 4, 10 or 11 of this Act if—

(a) the conduct which would otherwise constitute the offence takes place on board a vessel (within the meaning of section 353(1)), and

(b) the vessel is on a journey which has taken it or is intended to take it into international waters.

(2) Subject to subsection (1) a provision of this Act which applies in relation to a thing done in Great Britain applies to that thing if done on or in the territorial sea adjacent to Great Britain.

(3) In this section—

“international waters” means waters outside the territorial sea adjacent to Great Britain, and

“the territorial sea” has the meaning given by section 1 of the Territorial Sea Act 1987 (c. 49).

Aircraft: territorial limitations

360

(1) A person does not commit an offence under Part 3, 4, 10 or 11 of this Act if the conduct which would otherwise constitute the offence takes place—

(a) on board an aircraft, and

(b) at a time when the aircraft is in international airspace.

(2) In this section “international airspace” means airspace other than airspace above Great Britain or above the territorial sea adjacent to Great Britain (within the meaning given by section 1 of the Territorial Sea Act 1987).

Extent

361

(1) The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—

(a) section 43,

(b) ...and

(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 356.

Short title

362

This Act may be cited as the Gambling Act 2005.

SCHEDULE 1

Introduction

1

This Schedule makes provision about the circumstances in which a person is to be or not to be treated for the purposes of section 11(1)(b) as being required to pay to participate in an arrangement.

Meaning of payment

2

For the purposes of section 11 and this Schedule a reference to paying includes a reference to—

(a) paying money,

(b) transferring money's worth, and

(c) paying for goods or services at a price or rate which reflects the opportunity to participate in an arrangement under which a participant may win a prize.

3

It is immaterial for the purposes of section 11 and this Schedule—

(a) to whom a payment is made, and

(b) who receives benefit from a payment.

4

It is also immaterial for the purposes of section 11 and this Schedule whether a person knows when he makes a payment that he thereby participates in an arrangement as a result of which he may win a prize.

Stamps, telephone calls, &c.

5

(1) For the purposes of section 11 and this Schedule a reference to paying does not include a reference to incurring the expense, at a normal rate, of—

(a) sending a letter by ordinary post,

(b) making a telephone call, or

(2) For the purpose of sub-paragraph (1)—

(a) a “normal rate” is a rate which does not reflect the opportunity to participate in an arrangement under which a person may win a prize, and

(b) ordinary post means ordinary first-class or second-class post (without special arrangements for delivery).

Payment to discover whether prize won

6

For the purposes of section 11 and this Schedule a requirement to pay in order to discover whether a prize has been won under an arrangement shall be treated as a requirement to pay to participate in the arrangement.

Payment to claim prize

7

For the purposes of section 11 and this Schedule a requirement to pay in order to take possession of a prize which a person has or may have won under an arrangement shall be treated as a requirement to pay to participate in the arrangement.

Choice of free entry

8

(1) For the purposes of section 11 and this Schedule an arrangement shall not be treated as requiring a person to pay to participate if under the arrangement—

(a) each person who is eligible to participate has a choice whether to participate by paying or by sending a communication,

(b) the communication mentioned in paragraph (a) may be—

(i) a letter sent by ordinary post, or

(ii) another method of communication which is neither more expensive nor less convenient than participating by paying,

(c) the choice is publicised in such a way as to be likely to come to the attention of each person who proposes to participate, and

(d) the system for allocating prizes does not differentiate between those who participate by paying and those who participate by sending a communication.

(2) In this paragraph “ordinary post” has the meaning given by paragraph 5(2)(b).

Power to make regulations

9

The Secretary of State may make regulations providing that an activity of a specified kind or performed in specified circumstances is to be or not to be treated for the purposes of section 11 as paying to participate in an arrangement.

SCHEDULE 2

Introduction

1

This Schedule makes provision about the circumstances in which an arrangement is to be or not to be treated for the purposes of section 14 as requiring persons to pay in order to participate in an arrangement.

Meaning of payment

2

For the purposes of section 14 and this Schedule a reference to paying includes a reference to—

(a) paying money,

(b) transferring money's worth, and

3

It is immaterial for the purposes of section 14 and this Schedule—

(a) to whom a payment is made, and

(b) who receives benefit from a payment.

4

It is also immaterial for the purposes of section 14 and this Schedule whether a person knows when he makes a payment that he thereby participates in an arrangement.

Stamps, telephone calls, &c.

5

(1) For the purposes of section 14 and this Schedule a reference to paying does not include a reference to incurring the expense, at a normal rate, of—

(a) sending a letter by ordinary post,

(b) making a telephone call, or

(2) For the purpose of sub-paragraph (1)—

(a) a “normal rate” is a rate which does not reflect the opportunity to enter a lottery, and

(b) ordinary post means ordinary first-class or second-class post (without special arrangements for delivery).

Payment to discover whether prize won

6

For the purposes of section 14 and this Schedule a requirement to pay in order to discover whether a prize has been won under an arrangement shall be treated as a requirement to pay in order to participate in the arrangement.

Payment to claim prize

7

For the purposes of section 14 and this Schedule a requirement to pay in order to take possession of a prize which has or may have been allocated to a person under an arrangement shall be treated as a requirement to pay in order to participate in the arrangement.

Choice of free entry

8

(1) For the purposes of section 14 and this Schedule an arrangement shall not be treated as requiring persons to pay in order to participate if under the arrangement—

(a) each individual who is eligible to participate has a choice whether to participate by paying or by sending a communication,

(b) the communication mentioned in paragraph (a) may be—

(i) a letter sent by ordinary post, or

(ii) another method of communication which is neither more expensive nor less convenient than entering the lottery by paying,

(c) the choice is publicised in such a way as to be likely to come to the attention of each individual who proposes to participate, and

(d) the system for allocating prizes does not differentiate between those who participate by paying and those who participate by sending a communication.

(2) In this paragraph “ordinary post” has the meaning given by paragraph 5(2)(b).

Power to make regulations

9

Regulations under section 14(7) may, in particular, provide that an activity of a specified kind or performed in specified circumstances is to be or not to be treated as paying to enter a lottery.

SCHEDULE 3

Annual levy

1

After section 10B of the National Lottery etc. Act 1993 (financial penalties: appeal) insert—

(10C) (1) The Secretary of State may make regulations requiring holders of licences under section 5 or 6 to pay an annual levy to the Gambling Commission. (2) The regulations shall, in particular, make provision for— (a) timing of payment of the levy, and (b) the amount of the levy. (3) The regulations may, in particular, make provision— (a) determining the amount of the levy by reference to a percentage of specified receipts of the holder of a licence under section 5 or 6, (b) determining the amount of the levy by reference to a percentage of specified profits of the holder of a licence under section 5 or 6, (c) providing for the determination of the amount of the levy according to a specified formula, or (d) providing for the determination of the amount of the levy in some other way. (4) Any sum due by way of levy by virtue of this section shall be treated for the purposes of this Act as if its payment were a condition of the licence under section 5 or 6. (5) The Gambling Commission shall, with the consent of the Treasury and of the Secretary of State, expend money received by way of levy for purposes related to, or by providing financial assistance for projects related to— (a) addiction to gambling, (b) other forms of harm or exploitation associated with gambling, or (c) any of the licensing objectives for the purposes of the Gambling Act 2005. (6) In subsection (5) the reference to financial assistance is a reference to grants, loans and any other form of financial assistance, which may be made or given on terms or conditions (which may include terms and conditions as to repayment with or without interest). (7) The Secretary of State may make regulations under this section only if— (a) he has made regulations under the Gambling Act 2005 requiring holders of operating licences to pay an annual levy to the Gambling Commission, and (b) he has consulted the National Lottery Commission. (8) The Gambling Commission shall consult the National Lottery Commission before incurring expenditure under subsection (5).

Consultation with Gambling Commission

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definition of “lottery”

3

In section 20 of the National Lottery etc. Act 1993 (interpretation) after the definition of “contravention” insert—

“lottery” has the same meaning as in the Gambling Act 2005;

SCHEDULE 4

Constitution

1

The Gambling Commission shall consist of a chairman and other commissioners appointed by the Secretary of State.

Tenure

2

(1) A commissioner shall hold and vacate office in accordance with the terms of his appointment (subject to this Schedule).

(2) A commissioner may resign by notice in writing to the Secretary of State.

(3) If the Secretary of State thinks that a commissioner is unable, unfit or unwilling to perform his functions, the Secretary of State may dismiss the commissioner.

3

The chairman—

(a) shall hold and vacate office in accordance with the terms of his appointment (subject to this Schedule),

(b) may resign by notice in writing to the Secretary of State, and

4

The Secretary of State may not appoint a person as commissioner—

(a) for a period of more than five years, or

(b) for periods (whether or not consecutive) exceeding ten years in aggregate.

Staff

5

(1) The Commission may, with the Secretary of State's consent as to terms and conditions of employment, appoint a chief executive.

(2) A person—

(a) may hold appointment both as the chief executive and as a commissioner, but

(b) may not hold appointment both as the chief executive and as the chairman.

(3) Where a person holds appointment both as the chief executive and as a commissioner, if he ceases to be the chief executive he shall cease to be a commissioner.

6

The Commission may, with the Secretary of State's consent as to terms and conditions of employment, appoint other staff.

Proceedings

7

The Commission shall—

(a) determine arrangements for the conduct of its proceedings (which may, in particular, include arrangements for a quorum), and

(b) publish those arrangements.

8

(1) The Commission may delegate a function to—

(a) a commissioner,

(b) a committee of the Commission consisting of—

(i) commissioners, or

(ii) one or more commissioners and one or more employees of the Commission, or

(2) Sub-paragraph (1) applies to any function of the Commission including, in particular—

(a) a discretionary function;

(b) the function of conducting a review;

(c) the function of determining whether to revoke a licence or of determining whether to impose a requirement to pay a penalty.

Money

9

The Commission may, with the consent of the Secretary of State, pay to or in respect of a commissioner or employee sums by way of or in respect of—

(a) remuneration;

(b) allowances;

(d) pension;

(e) gratuity.

10

The Secretary of State may make payments to the Commission for the purpose of enabling the Commission to meet such of its expenses as cannot be met out of fees paid to the Commission under this Act.

11

The Commission may, with the consent of the Secretary of State, borrow money.

12

The Commission may pay money into the Consolidated Fund.

13

The Commission shall keep accounting records in such form as the Secretary of State may direct.

14

(1) The Commission shall prepare a statement of accounts for each financial year in such form as the Secretary of State may direct.

(2) The Commission shall send a copy of a statement of accounts under sub-paragraph (1) to—

(a) the Secretary of State, and

(b) the Comptroller and Auditor General.

(3) The Commission must comply with sub-paragraph (2) within such period, beginning with the end of the financial year to which the accounts relate, as the Secretary of State may specify.

(4) The Comptroller and Auditor General shall—

(a) examine a statement sent to him under sub-paragraph (2),

(b) report on it, and

15

(1) The financial year of the Commission shall be the period of 12 months ending with 31st March.

(2) But the first financial year of the Commission shall be the period—

(a) beginning with the commencement of section 20, and

(b) ending with the following 31st March.

Annual report

16

(1) As soon as is reasonably practicable after the end of each financial year the Commission shall send to the Secretary of State a report about the activities of the Commission during the year.

(2) Where the Secretary of State receives a report under sub-paragraph (1)—

(a) he shall lay a copy before Parliament, and

(b) he may arrange for the report to be published.

Status

17

(1) The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) Property of the Commission shall not be regarded as property of or held on behalf of the Crown.

(3) Membership of or employment by the Commission is not employment in the civil service of the State.

18

Consent given by the Secretary of State for the purposes of this Schedule may be general or specific.

SCHEDULE 5

1

In this Schedule—

“the Board” means the Gaming Board for Great Britain,

“commencement” means the coming into force of section 21, and

“the Commission” means the Gambling Commission.

2

Anything done by or in relation to the Board which has effect immediately before commencement shall, so far as necessary for continuing its effect after commencement, have effect as if done by or in relation to the Commission.

3

Anything (including any legal proceedings) which immediately before commencement is in the process of being done by or in relation to the Board may be continued by or in relation to the Commission.

4

So far as necessary or appropriate in consequence of section 21, on and after commencement a reference to the Board in an enactment, instrument or other document shall be treated as a reference to the Commission.

5

(1) Section 21(2) shall operate in relation to rights and liabilities—

(a) whether or not they would otherwise be capable of being transferred by the Board, and

(b) without any instrument or other formality being required.

(2) In so far as section 21(2) transfers to the Commission liabilities under contracts of employment nothing in that section or this Schedule shall affect the operation of—

(a) the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794), or

(b) regulations under section 38 of the Employment Relations Act 1999 (c. 26) (replication of the TUPE regulations).

SCHEDULE 6

Part 1 — Persons and Bodies with Functions under this Act

Part 2 — Enforcement and Regulatory Bodies

Part 3 — Sport Governing Bodies

Part 4 — Notes

1

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