The Deregulation (Gaming Machines and Betting Office Facilities) Order 1996

Relaxation of restrictions on use of machines for amusement purposes

6.—(1) Section 34 of the 1968 Act (uses of gaming machines for amusement purposes otherwise than at non-commercial entertainments) shall be amended as follows.

(2) In subsection (1) (which lists the premises in relation to which the conditions specified in the section apply)—

(a) for “the following provisions of this section” there shall be substituted “subsections (2) to (3) and (5) of this section”,

(b) for paragraph (a) there shall be substituted—

“(a) on any amusement machine premises in respect of which there is for the time being in force a permit under this section which—

(i) is granted by the authority mentioned in paragraph 1(b) or, as the case may be, (d) of Schedule 9 to this Act, and

(ii) is expressed to be granted for the purposes of this subsection,

(aa) on any premises, other than amusement machine premises, in respect of which there is for the time being in force a permit under this section which is granted as mentioned in paragraph (a)(i) of this subsection,” and

(c) paragraph (b) (premises in relation to which the section applies because of a direction under section 32) is hereby repealed.

(3) After subsection (5) there shall be inserted—

“(5A) The conditions specified in subsections (5B) and (5C) of this section shall be observed where a machine to which this Part of this Act applies is used for gaming on any premises in respect of which a betting office licence is for the time being in force.

(5B) The charge for play for playing a game once by means of the machine shall be the same as that under subsection (2) of this section.

(5C) No player or person claiming under a player shall receive, or shall be entitled to receive, in respect of any one game played by means of the machine, any article, benefit or advantage other than a money prize not exceeding £10 delivered by the machine.

(5D) The condition specified in subsection (5C) of this section shall not be taken to be contravened by reason only that a player, after inserting in the machine an amount permitted in accordance with subsection (5B) of this section and playing a game successfully, is afforded by the automatic action of the machine an opportunity to play one or more further games without inserting any further coin in the machine, if in respect of all those games—

(a) he does not receive, and is not entitled to receive, any article other than a money prize of an amount or aggregate amount not exceeding £10, and

(b) he does not receive, and is not entitled to receive, any other benefit or advantage apart from the opportunity to play the further game or games.

(5E) Where a machine to which this Part of this Act applies is used for gaming—

(a) on any amusement machine premises in respect of which there is for the time being in force a permit under this section which—

(i) is granted by the authority mentioned in paragraph 1(b) or, as the case may be, (d) of Schedule 9 to this Act, and

(ii) is expressed to be granted for the purposes of this subsection,

(b) on any premises in respect of which there is for the time being in force a permit under this section which is granted by the authority mentioned in paragraph 1(a) or, as the case may be, (c) of Schedule 9 to this Act, or

(c) on any premises in respect of which a licence under this Act and a direction given under section 32 of this Act are for the time being in force, where, by virtue of that direction, the provisions of this subsection have effect in relation to the premises,

either the conditions specified in subsections (2) to (3) and (5) of this section or the conditions specified in subsections (5B) and (5C) of this section shall be observed.”.

(4) After subsection (7) there shall be inserted—

“(7A) In subsections (1) and (5E) of this section, references to amusement machine premises are to premises used wholly or mainly for the provision of amusements by means of machines to which this Part of this Act applies.”