Betting, Gaming and Lotteries Act 1963

Special provisions with respect to young persons E+W+S

21 Betting with young persons. E+W+S

(1) If any person—

(a) has any betting transaction with a young person; or

(b) employs a young person in the effecting of any betting transaction or in a licensed betting office; or

(c) receives or negotiates any bet through a young person,

he shall be guilty of an offence:

Provided that a person shall not be guilty of an offence under this subsection by reason of—

(i)

the employment of a young person in the effecting of betting transactions by post; or

(ii)

the carriage by a young person of a communication relating to a betting transaction for the purposes of its conveyance by post.

(2) In this section, the expression, “young person” means a person—

(a) who is under the age of eighteen years and whom the person committing an offence in relation to him under this section knows, or ought to know, to be under that age; or

(b) who is apparently under the said age:

Provided that in the case of any proceedings under this section for an offence in respect of a person apparently under the said age, it shall be a defence to prove that at the time of the alleged offence he had in fact attained that age.

[F1 (3) In any case concerning—

(a) a bet which is an entry in a qualifying competition (as defined in section 1(4D) of this Act), or

(b) a betting transaction relating to such a bet,

this section shall have effect with the substitution in subsection (2) of “sixteen” for “eighteen”.

(4) Subsection (3) of this section does not apply in relation to the employment of a young person in a licensed betting office.]

Textual Amendments

F1 S. 21(3)(4) added (14.11.1994) by 1993 c. 39, s. 57(1); S.I. 1994/2659, art. 2

Modifications etc. (not altering text)

C1 Mode of trial in s. 21 specified (S.) (1.4.1996) by 1995 c. 46, ss. 292(1), 309(2), Sch. 10 para. 4(f) (with ss. 24(2), 307(2))

22 Betting circulars not to be sent to young persons. E+W+S

(1) If any person, for the purpose of earning commission, reward or other profit, sends or causes to be sent to a person whom he knows to be under the age of [F2 eighteen years] any circular, notice, advertisement, letter, telegram or other document which invites or may reasonably be implied to invite the person receiving it to make any bet, or to enter into or take any share or interest in any betting transaction, or to apply to any person or at any place with a view to obtaining information or advice for the purpose of any bet or for information as to any race, fight, game, sport or other contingency upon which betting is generally carried on, he shall be guilty of an offence.

(2) If any such document as aforesaid names or refers to anyone as a person to whom any payment may be made, or from whom information may be obtained, for the purpose of or in relation to betting, the person so named or referred to shall be deemed to have sent that document or caused it to be sent unless he proves that he had not consented to be so named and that he was not in any way a party to, and was wholly ignorant of, the sending of the document.

(3) If any such document as aforesaid is sent to any person at any university, college, school or other place of education and that person is under the age of [F2 eighteen years], the person sending the document or causing it to be sent shall be deemed to have known that person to be under that age unless he proves that he had reasonable grounds for believing him [F3 to have attained that age].

[F4 (4) In any case concerning—

(a) a bet which is an entry in a qualifying competition (as defined in section 1(4D) of this Act),

(b) a betting transaction relating to such a bet, or

(c) information as to any game of association football upon which such betting is carried on,

this section shall have effect with the substitution in subsections (1) and (3) of “sixteen” for “eighteen”.]

Textual Amendments

F2 Words substituted by Age of Majority (Scotland) Act 1969 (c. 39), s. 1(3), Sch. 1 Pt. I and Family Law Reform Act 1969 (c. 46), s. 1(3), Sch. 1 Pt. I

F3 Words in s. 22(3) substituted (14.11.1994) by 1993 c. 39, s. 57(2)(a); S.I. 1994/2659, art. 2

F4 S. 22(4) added (14.11.1994) by 1993 c. 39, s. 57(2)(b); S.I. 1994/2659, art. 2

Modifications etc. (not altering text)

C2 Mode of trial in s. 22 specified (S.) (1.4.1996) by 1995 c. 46, ss. 292(1), 309(2), Sch. 10 para. 4(g) (with ss. 24(2), 307(2))