(1)Subject to [F1subsections [F2(2) to (2A)] of this section], where gaming to which this Part of this Act applies takes place on premises in respect of which a licence under this Act is for the time being in force, neither the holder of the licence nor any person acting on his behalf or under any arrangement with him shall make any loan or otherwise provide or allow to any person any credit, or release, or discharge on another person’s behalf, the whole or part of any debt,—
(a)for enabling any person to take part in the gaming, or
(b)in respect of any losses incurred by any person in the gaming.
(2)Neither the holder of the licence nor any person acting on his behalf or under any arrangement with him shall accept a cheque and give in exchange for it cash or tokens for enabling any person to take part in the gaming unless the following conditions are fulfilled, that is to say—
(a)the cheque is not a post-dated cheque, and
(b)it is exchanged for cash to an amount equal to the amount for which it is drawn, or is exchanged for tokens at the same rate as would apply if cash, to the amount for which the cheque is drawn, were given in exchange for them;
but, where those conditions are fulfilled, the giving of cash or tokens in exchange for a cheque shall not be taken to contravene subsection (1) of this section.
[F3(2ZA)Neither the holder of the licence nor any person acting on his behalf or under any arrangement with him shall accept a debit card payment and give in exchange for it cash or tokens for enabling any person to take part in the gaming unless the following conditions are fulfilled, that is to say—
(a)the payment is exchanged for cash to an amount equal to the amount of the payment, or is exchanged for tokens at the same rate as would apply if cash, to the amount of the payment, were given in exchange for them, and
(b)the payment has been authorised by the holder of the card and by or on behalf of the issuer of the card;
but where those conditions are fulfilled, the giving of cash or tokens in exchange for a debit card payment shall not be taken to contravene subsection (1) above.]
[F4(2A)Neither the holder of a licence under this Act nor any person acting on his behalf or under any arrangement with him shall permit to be redeemed any cheque (not being a cheque which has been dishonoured) accepted in exchange for cash or tokens for enabling any person to take part in gaming to which this Part of this Act applies unless the following conditions are fulfilled, that is to say—
(a)the cheque is redeemed by the person from whom it was accepted giving in exchange for it cash, or tokens, or a substitute cheque, [F5or a debit card payment,] or any combination of these, to an amount equal to the amount of the redeemed cheque or (where two or more cheques are redeemed) the aggregate amount of the redeemed cheques;
(b)it is redeemed during the playing session in which it was accepted, or within thirty minutes after the end of the session;
(c)where a substitute cheque is given in whole or in part exchange for the redeemed cheque the substitute cheque is not a post-dated cheque; F6. . .
(d)where tokens are given in whole or in part exchange for the redeemed cheque, the value of each token is equal to the amount originally given in exchange for it or, if the token was won in the gaming, the value it represented when won; [F7 and
(e)where a debit card payment is given in whole or in part exchange for the redeemed cheque, the payment has been authorised by the holder of the card and by or on behalf of the issuer of the card;]
but, where those conditions are fulfilled, the return of a redeemed cheque in exchange for cash, or tokens, or a substitute cheque, [F5or a debit card payment,] or any combination of these, shall not be taken to contravene subsection (1) of this section.]
(3)Where the holder of a licence under this Act, or a person acting on behalf of or under any arrangement with the holder of such a licence, accepts a cheque in exchange for cash or tokens to be used by a player in gaming to which this Part of this Act applies [F8or a substitute cheque], he shall not more than two banking days later cause the cheque to be delivered to a bank for payment or collection.
[F9(3A)Subsection (3) of this section shall not apply to a redeemed cheque.]
[F10(3B)Where the holder of a licence under this Act, or a person acting on behalf of or under any arrangement with the holder of such a licence, accepts a debit card payment in exchange for cash or tokens to be used by a player in gaming to which this Part of this Act applies, or a substitute debit card payment, he shall not more than two banking days later do whatever is required under his arrangements with the issuer of the card to secure that he is credited with the amount of the payment.]
(4)Nothing in the M1Gaming Act 1710, the M2Gaming Act 1835, the M3Gaming Act 1845 or the M4Gaming Act 1892 shall affect the validity of, or any remedy in respect of, any cheque [F11or debit card payment] which is accepted in exchange for cash or tokens to be used by a player in gaming to which this Part of this Act applies [F12or any substitute cheque [F13or substitute debit card payment].]
(5)In this section “banking day” means a day which is a business day in accordance with section 92 of the M5Bills of Exchange Act 1882
[F14“debit card” means a card which may be used as a means of payment under arrangements which do not provide for the extension of credit to the cardholder, but provide for amounts paid by means of the card to be debited to a specified account in his name (or in his name jointly with one or more others);
“debit card payment” means a payment by means of a debit card;]
[F15“playing session” means a continuous period during one day, or two consecutive days, throughout which gaming is permitted by or under this Act to take place on premises in respect of which a licence under this Act is for the time being in force;
“redeemed cheque” means a cheque accepted in fulfilment of the conditions specified in subsection (2) of this section and returned to the person from whom it was accepted in fulfilment of the conditions specified in subsection (2A) of this section;
“substitute cheque” means a cheque accepted in accordance with subsection (2A) of this section by either the holder of a licence under this Act or a person acting on behalf of or under any arrangement with the holder of such a licence.]
[F16“substitute debit card payment” means a debit card payment accepted in accordance with subsection (2A) of this section by either the holder of a licence under this Act or a person acting on behalf of or under any arrangement with the holder of such a licence]
Textual Amendments
F1Words inserted by Gaming (Amendment) Act 1986 (c. 11, SIF 12:1), s. 1(2)
F2Words in s. 16(1) substituted (19.4.1997) by S.I. 1997/1075, art. 3(2)
F3S. 16(2ZA) inserted (19.4.1997) by S.I. 1997/1075, art. 3(3)
F5S. 16: words in para. (a) and in the words following para. (d) in subsection (2A) inserted (19.4.1997) by S.I. 1997/1075, art. 3(4)(a)
F6Word at the end of para. (c) in s. 16(2A) omitted (19.4.1997) by virtue of S.I. 1997/1075, art. 3(4)(b)
F7S. 16(2A)(e) and the word "and" preceding it inserted (19.4.1997) by S.I. 1997/1075, art. 3(4)(c)
F8Words inserted by Gaming (Amendment) Act 1986 (c. 11, SIF 12:1), s. 1(4)
F10S. 16(3B) inserted (19.4.1997) by S.I. 1997/1075, art. 3(5)
F11Words in s. 16(4) inserted (19.4.1997) by S.I. 1997/1075, art. 3(6)(a)
F12Words inserted by Gaming (Amendment) Act 1986 (c. 11, SIF 12:1), s. 1(6)
F13Words in s. 16(4) inserted (19.4.1997) by S.I. 1997/1075, art. 3(6)(b)
F14Definitions in s. 16(5) inserted (19.4.1997) by S.I. 1997/1075, art. 3(7)(a)
F15Words inserted by Gaming (Amendment) Act 1986 (c. 11, SIF 12:1), s. 1(7)
F16Definition in s. 16(5) inserted (19.4.1997) by S.I. 1997/1075, art. 3(7)(b)
Marginal Citations