Betting, Gaming and Lotteries Act 1963

55 Interpretation, etc.—general. E+W+S

(1) In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

• “approved horse racecourse” means any ground in respect of which there is for the time being in force a certificate of approval of that ground as a horse racecourse issued by the [F1 Levy Board] under section 13 of this Act;

• [F2 “bet” does not include any bet made or stake hazarded in the course of, incidentally to, any gaming]

• “betting agency permit” has the meaning assigned by section 9(2) of this Act;

• “betting office licence” has the meaning assigned by section 9(1) of this Act;

• “betting transaction”includes the collection or payment of winnings on a bet and any transaction in which one or more of the parties is acting as a bookmaker;

• “bookmaker” means any person other than the Totalisator Board who—

  (a)

  whether on his own account or as servant or agent to any other person, carries on, whether occasionally or regularly, the business of receiving or negotiating bets or conducting pool betting operations; or

  (b)

  by way of business in any manner holds himself out, or permits himself to be held out, as a person who receives or negotiates bets or conducts such operations,

  so, however, that a person shall not be deemed to be a bookmaker by reason only of the fact—

  (i)

  that he carries on, or is employed in, sponsored pool betting business; or

  (ii)

  that he operates, or is employed in operating, a totalisator;

  and the expression “bookmaking” shall be construed accordingly;

• “Bookmakers’ Committee” means the committee established in accordance with section 26 of this Act;

• “bookmaker’s permit” has the meaning assigned by section 2(1) of this Act;

• “contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

• “dog race” means a race in which an object propelled by mechanical means is pursued by dogs, and “dog racecourse” shall be construed accordingly;

• [F3 “game of chance” and “gaming” have the same meanings as in the M1 Gaming Act 1968]

[F4 “inter-track betting scheme” means a scheme for the pooling of bets made by means of totalisators on different licensed tracks, being bets on a dog race run on a track participating in the scheme or on a combination of dog races run on the same participating track;]

• “the Levy Board” means the Horse race Betting Levy Board established in accordance with section 24 of this Act;

• “levy period” has the meaning assigned by section 27(1) of this Act;

• “licensed betting office” means premises in respect of which a betting office licence is for the time being in force;

[F5 “licensed inter-track betting scheme” means an inter-track betting scheme in respect of which a licence under Schedule 5ZA to this Act is for the time being in force;]

• “licensed track” means a track in respect of which a track betting licence is for the time being in force;

• “licensee” in relation to a licensed betting office, means the holder of the betting office licence for the time being in force in respect of that office;

• “money” includes a cheque, banknote, postal order or money order;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

• “player”, in relation to a game of chance, includes any person taking part in the game against whom other persons taking part in the game stake, play or bet;

• “pool betting” has the same meaning as for the purposes of [F7 the Betting and Gaming Duties Act 1981];

• “pool betting business” means business involving the receiving or negotiating of bets made by way of pool betting;

• “premises” includes any place and, in sections 1, 32 and 33 of this Act, also includes any vessel;

• “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, and any such regulations may make different provision for different circumstances;

• [F8 “qualified accountant” means a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989;]

• “recognised horse race” means a horse race run on an approved horse racecourse on a day when horse races and no other races take place on that racecourse;

• “registered pool promoter” has the meaning assigned by section 4(2) of this Act;

• “sponsored pool betting” means pool betting by means of facilities provided by the Totalisator Board or provided on an approved horse racecourse with the authority of that Board by the persons having the management of that racecourse;

• “ticket”, in relation to any lottery or proposed lottery, includes any document evidencing the claim of a person to participate in the chances of the lottery;

• “totalisator” means the contrivance for betting known as the totalisator or pari mutuel, or any other machine or instrument of betting of a like nature, whether mechanically operated or not;

• “the Totalisator Board” means the Horserace Totalisator Board established in accordance with section 12 of this Act;

• “track” means premises on which races of any description, athletic sports or other sporting events take place;

• “track betting licence” has the meaning assigned by section 6(1) of this Act;

• “winnings” includes winnings of any kind and any reference to the amount or to the payment of winnings shall be construed accordingly.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(4) . . . F11 the M2 Statutory Instruments Act 1946 shall apply to any instrument made in pursuance. . . F11 of the power conferred on the Lord President of the Court of Session by section 29(3) of this Act in like manner as if that power had been conferred on a Minister of the Crown.

(5) Save where the context otherwise requires, any reference in this Act to any enactment shall be constured as a reference to that enactment as amended by or under any other enactment.

Textual Amendments

F1 Words substituted by Horserace Totalisator and Betting Levy Boards Act 1972 (c. 69), s. 5(1)

F2 Definition added by Gaming Act 1968 (c. 65), Sch. 11 Pt. I

F3 Definition substituted by Gaming Act 1968 (c. 65), Sch. 11 Pt. I

F4 Definition in s. 55(1) inserted (7.1.1996) by S.I. 1995/3231, art. 5(4)(a)

F5 Definition in s. 55(1) inserted (7.1.1996) by S.I. 1995/3231, art. 5(4)(b)

F6 Definition of “newspaper” repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5

F7 Words substituted by Betting and Gaming Duties Act 1981 (c. 63, SIF 12:2), s. 34(1), Sch. 5 para. 1

F8 S. 55(1): definition of 'qualified accountant' substituted by S.I. 1991/1997, arts. 2, 4, Sch. para. 11

F9 S. 55(2) repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5

F10 S. 55(3) repealed by Administration of Justice Act 1964 (c. 42), Sch. 5

F11 Words repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19), s. 10, Sch. Pt. I

Modifications etc. (not altering text)

C1 Functions of Board of Trade now exercisable by Secretary of State concurrently with Board of Trade: S.I. 1970/1537

Marginal Citations

M1 1968 c. 65.

M2 1946 c. 36.