Gaming Act 1968

PART I Amendments of [1963 c. 2.] Betting, Gaming and Lotteries Act 1963

Section of Act	Amendment
Section 40	For the words " this Part of this Act " there shall be substituted the words " the Gaming Act 1968 ", and for the words " section 35 of this Act" there shall be substituted the words " section 6 of that Act ".
Section 41	After the word " lotteries " there shall be inserted the words " which do not constitute gaming ".
Section 42	In subsection (2)(b), for the words from " was also " onwards there shall be substituted the words " was not promoted wholly or partly outside Great Britain and constituted gaming as well as a lottery ".
Section 48	From the words from the beginning of subsection (1) to the words " but for this subsection' in subsection (2) there shall be substituted the following:— “(1) This section applies to the provision, at any entertainment to which section 43 of this Act applies, of any amusement with prizes which constitutes a lottery or gaming or both but does not constitute— (a) gaming to which Part II of the Gaming Act 1968 applies, or (b) gaming by means of a machine to which Part III of that Act applies. (2) Where any such amusement constitutes a lottery, nothing in section 41 or section 42 of this Act shall apply to it. (3) In relation to any such amusement (whether it constitutes a lottery or not).”
	In subsection (3)(b), for the word " subsection " there shall be substituted the word " section ", and for the words " section 37 of this Act" there shall be substituted the words " section 33 or section 41 of the Gaming Act 1968 ".
Section 49	In subsection (1), for the words from the beginning of paragraph (a) to " (b) " there shall be substituted the words " where those amusements constitute a lottery or gaming or both but do not constitute gaming to which Part II of the Gaming Act 1968 applies or gaming by means of a machine to which Part III of that Act applies, and they are provided— (a) on any premises in respect of which a permit under this section has been granted in accordance with Schedule 6 to this Act and is for the time being in force, or (b) on any premises used mainly for the purposes of amusements by means of such machines, being premises in respect of which a permit granted under section 34 of the Gaming Act 1968 is for the time being in force, or (c)
	In subsection (2), for the words from the beginning of the subsection to the words " but for this subsection" there shall be substituted the following:— “(2) Nothing in section 41 or section 42 of this Act shall apply in relation to amusements falling within subsection (1) of this section; but in relation to any such amusement”.
	In subsection (3)(e), for the words " subsection (1)(b)" there shall be substituted the words " subsection (1)(c) ".
	After subsection (3) there shall be inserted the following subsections:— “(3A) The court by or before which the holder of a permit under this section is convicted of an offence under this section in connection with the premises to which the permit relates may, if the court thinks fit, order that the permit shall be forfeited and cancelled: and subsections (2) and (3) of section 11 of this Act shall apply to an order under this subsection as they apply to an order under subsection (1) of that section. (3B) No permit under this section shall be granted in respect of any premises where a licence under the Gaming Act 1968 is for the time being in force in respect of them or where a club or a miners' welfare institute is for the time being registered in respect of them under Part II of that Act; and, where such a licence is granted or a club or a miners ' welfare institute is so registered in respect of any premises, and a permit under this section is then in force in respect of those premises, the permit shall thereupon cease to have effect. (3C) The Secretary of State may by order direct that any provision of this section which is specified in the order and which specifies a sum shall have effect as if, for that sum, there were substituted such other sum as may be specified in the order. (3D) Any power to make an order under this section shall include power to vary or revoke the order by a subsequent order, and shall be exercisable by statutory instrument; and any statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
Section 54	In subsection (1), for the words " section 33, 37, 43 or 48 of this Act" there shall be substituted the words " section 43 or section 48 of this Act or section 33 or section 41 of the Gaming Act 1968 ".
	In subsection (2), for the words " the said sections 33, 37 and 48 " there shall be substituted the words " section 48 of this Act or section 33 or section 41 of that Act "; for the words " gaming machine within the meaning of the said section 33" there shall be substituted the words " machine to which Part III of that Act applies "; and for the words " the said section 37 or 48 " there shall be substituted the words " any of those sections ".
Section 55	In subsection (1), after the definition of " approved horse racecourse " there shall be inserted the following definition, namely, " ' bet' does not include any bet made or stake hazarded in the course of, or incidentally to, any gaming ", and for the definitions of " game of chance " and " gaming " there shall be substituted the words " ' game of chance ' and ' gaming ' have the same meanings as in the Gaming Act 1968 ".