40 Special charges for play at certain clubs and institutes.E+W+S
(1)This section applies to gaming which—
(a)is carried on as one of the activities of a . . . F1 club or a miners’ welfare institute, whether the club or institute is registered under Part II or Part III of this Act or not, and
(b)is gaming in respect of which none of the conditions specified in section 2(1) of this Act is fulfilled.
(2)Subject to the following provisions of this section, nothing in section 3 or section 14 of this Act shall have effect so as to prevent a charge from being made in respect of any person for the right to take part in gaming to which this section applies, if the charge [F2or (if more than one) the aggregate amount of the charges] made in respect of that person for the right to take part in such gaming on any one day does not exceed [F32½p] or such other sum as may be specified in an order made by the Secretary of State for the purposes of this subsection.
[F4The power of the Secretary of State under this subsection includes power to specify—
(a)in the case of gaming carried on as an activity of a members’ club or a miners’ welfare institute, a sum different from that applicable in the case of gaming carried on as an activity of any other club; and
(b)in the case of gaming which consists exclusively of playing bridge or whist, or bridge and whist, and takes place on a day on which the premises used therefor are not used for any other gaming, or for any other gaming except gaming by means of a machine to which Part III of this Act applies, a sum greater than that applicable in all other cases.]
(3)Any such charge as is mentioned in subsection (2) of this section may be made in addition to—
(a)any stakes hazarded in the gaming, and
(b)in the case of a club or institute registered under Part II of this Act, any charge authorised by regulations under section 14(2)(b) of this Act.
(4)The preceding provisions of this section shall not have effect in relation to a . . . . . . F1 club unless it is shown—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(b)that it has not less than twenty-five members; and
(c)that it is so constituted and conducted, in respect of membership and otherwise, as not to be of a temporary character.
Textual Amendments
F1Word repealed by Gaming (Amendment) Act 1973 (c. 12), s. 1(2)
F2Words inserted by Gaming (Amendment) Act 1973 (c. 12), s. 1(3)(a)
F3Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
F4Words added by Gaming (Amendment) Act 1973 (c. 12), s. 1(3)(b)
F5S. 40(4)(a) repealed by Gaming (Amendment) Act 1973 (c. 12), s. 1(2)