38 Offences under Part III.E+W+S
(1)Any person who contravenes subsection (1) or subsection (5) of section 27 of this Act shall be guilty of an offence.
(2)Any person who sells, supplies or undertakes to maintain a machine in contravention of any regulations made under subsection (1) of section 28 of this Act, or who contravenes subsection (2) of that section, shall be guilty of an offence.
(3)Subject to subsection (11) of this section, where any of the provisions of section 31 of this Act, or of any regulations made in pursuance of section 37(1) of this Act in so far as they relate to the use of machines, or of any regulations made in pursuance of section 37(2) of this Act, is contravened in relation to any premises—
(a)the holder of the licence, if they are premises in respect of which a licence under this Act is for the time being in force, or
(b)every officer of the club or institute, if they are premises in respect of which a club or a miners’ welfare institute is for the time being registered under Part II or under this Part of this Act,
shall be guilty of an offence; [F1and where subsection (5E) of section 34 of this Act is contravened in relation to premises falling within paragraph (c) of that subsection], the holder of the licence in respect of the premises shall be guilty of an offence.
(4)Without prejudice to the last preceding subsection, but subject to subsection (11) of this section, where any such provisions as are mentioned in the last preceding subsection are contravened in relation to a machine on any premises, any person who allowed the machine to be on the premises shall be guilty of an offence.
(5)Where any of the provisions of section 33 of this Act or of any regulations made under that section is contravened in relation to an entertainment, every person concerned in the conduct of the entertainment shall be guilty of an offence unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.
(6)Subject to subsection (11) of this section, where [F2subsection (1)] of section 34 of this Act is contravened F3. . . or where, in a case falling within [F4paragraph (aa)] of that subsection, a condition to which the permit is subject is contravened,—
(a)the holder of the permit, in a case falling within paragraph (a) [F5or (aa)] or paragraph (c) of that subsection, or
(b)the person in charge of the machine, in a case falling within paragraph (d) of that subsection,
shall be guilty of an offence.
[F6(6A)Subject to subsection (11) of this section, where subsection (5A) of section 34 of this Act is contravened, the holder of the betting office licence in respect of the premises shall be guilty of an offence.
(6B)Subject to subsection (11) of this section, where, in the case of any premises falling within paragraph (a) or (b) of subsection (5E) of section 34 of this Act—
(a)that subsection, or
(b)a condition to which the permit is subject,
is contravened, the holder of the permit shall be guilty of an offence.]
(7)Where a machine to which this Part of this Act applies is used for gaming on any premises, or in any vessel or vehicle, in contravention of section 35 of this Act, any person who allowed the machine to be on the premises or in the vessel or vehicle shall be guilty of an offence unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.
(8)Any person who contravenes section 36 of this Act shall be guilty of an offence.
(9)Any person who—
(a)sells, supplies or maintains a machine, or sells or supplies any token [F7or other object for use in machines], in contravention of any regulations made under section 37(1) of this Act, or
(b)on any premises other than premises falling within paragraph (a) or paragraph (b) of subsection (3) of this section, causes or permits a machine to be used in contravention of any such regulations,
shall be guilty of an offence.
(10)Where any of the provisions of section 33, section 34 or section 35 of this Act is contravened in relation to a machine, then (without prejudice to any liability of any person under the preceding provisions of this section) any person who, knowing or having reasonable cause to suspect that the provisions in question would be contravened in relation to the machine, sold or supplied the machine shall—
(a)in the case of a contravention of section 33 or section 35 of this Act, be guilty of an offence under this paragraph, or
(b)in the case of a contravention of section 34 of this Act, be guilty of an offence under this paragraph.
(11)Where a person is charged with an offence under subsection (3), [F8(4), (6), (6A) or (6B)] of this section in respect of a contravention of any such provisions as are mentioned in any of those subsections, it shall be a defence for him to prove—
(a)that the contravention occurred without his knowledge, and
(b)that he exercised all such care as was reasonable in the circumstances to secure that the provisions in question would not be contravened.
(12)Section 29 of this Act shall have effect for the purposes of subsections (1) and (2) of this section as it has effect for the purposes of sections 27 and 28 of this Act, and any reference in those subsections to contravening any provisions of those sections or any regulations made thereunder shall be construed accordingly.
Textual Amendments
F1Words in s. 38(3) substituted (20.6.1996) by S.I. 1996/1359, art. 7(4)
F2Words in s. 38(6) substituted (20.6.1996) by S.I. 1996/1359, art. 7(5)(a)
F3Words in s. 38(6) repealed (20.6.1996) by S.I. 1996/1359, art. 7(5)(b)
F4Words in s. 38(6) substituted (20.6.1996) by S.I. 1996/1359, art. 7(5)(c)
F5Words in s. 38(6) inserted (20.6.1996) by S.I. 1996/1359, art. 7(5)(d)
F6S. 38(6A)(6B) inserted (20.6.1996) by S.I. 1996/1359, art. 7(6)
F7Words in s. 38(9)(a) inserted (16.12.2003) by The Regulatory Reform (Gaming Machines) Order 2003 (S.I. 2003/3275), arts. 1(1), 2(14)
F8Words in s. 38(11) substituted (20.6.1996) by S.I. 1996/1359, art. 7(7)