Gambling Act 2005

Betting

9 Betting: general

(1) In this Act “betting” means making or accepting a bet on—

(a) the outcome of a race, competition or other event or process,

(b) the likelihood of anything occurring or not occurring, or

(c) whether anything is or is not true.

(2) A transaction that relates to the outcome of a race, competition or other event or process may be a bet within the meaning of subsection (1) despite the facts that—

(a) the race, competition, event or process has already occurred or been completed, and

(b) one party to the transaction knows the outcome.

(3) A transaction that relates to the likelihood of anything occurring or not occurring may be a bet within the meaning of subsection (1) despite the facts that—

(a) the thing has already occurred or failed to occur, and

(b) one party to the transaction knows that the thing has already occurred or failed to occur.

10 Spread bets, &c.

(1) For the purposes of section 9(1) “bet” does not include a bet the making or accepting of which is a regulated activity within the meaning of section 22 of the Financial Services and Markets Act 2000 (c. 8).

(2) An order under section 22 of that Act which has the effect that a class of bet becomes or ceases to be a regulated activity may, in particular, include transitional provision relating to the application of this Act to that class of bet.

(3) This section is subject to section 38(3).

11 Betting: prize competitions

(1) For the purposes of section 9(1) a person makes a bet (despite the fact that he does not deposit a stake in the normal way of betting) if—

(a) he participates in an arrangement in the course of which participants are required to guess any of the matters specified in section 9(1)(a) to (c),

(b) he is required to pay to participate, and

(c) if his guess is accurate, or more accurate than other guesses, he is to—

(i) win a prize, or

(ii) enter a class among whom one or more prizes are to be allocated (whether or not wholly by chance).

(2) In subsection (1) a reference to guessing includes a reference to predicting using skill or judgment.

(3) Schedule 1 makes further provision about when a person is to be or not to be treated for the purposes of subsection (1)(b) as being required to pay to participate in an arrangement.

(4) In subsection (1)(c) “prize” includes any money, articles or services—

(a) whether or not described as a prize, and

(b) whether or not consisting wholly or partly of money paid, or articles or services provided, by the members of the class among whom the prizes are allocated.

12 Pool betting

(1) For the purposes of this Act betting is pool betting if made on terms that all or part of winnings—

(a) shall be determined by reference to the aggregate of stakes paid or agreed to be paid by the persons betting,

(b) shall be divided among the winners, or

(c) shall or may be something other than money.

(2) For the purposes of this Act pool betting is horse-race pool betting if it relates to horse-racing in Great Britain.

13 Betting intermediary

(1) In this Act “betting intermediary” means a person who provides a service designed to facilitate the making or acceptance of bets between others.

(2) For the purposes of this Act acting as a betting intermediary is providing facilities for betting.