Betting, Gaming and Lotteries Act 1963

F1 General interpretation E+W+S

Textual Amendments

F1 Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.

F2 1 (1) In this Schedule, except where a contrary intention appears—

• “the 1978 Act” means the Employment M1 Protection (Consolidation) Act 1978;

• “betting transaction” includes the collection or payment of winnings on a bet and any transaction in which one or more of the parties is acting as a bookmaker;

• “betting work” means—

  (a)

  work at a track in England or Wales for a bookmaker on a day on which the bookmaker acts as such at the track, being work which consists of or includes dealing with betting transactions, and

  (b)

  work in a licensed betting office in England or Wales on a day on which the office is open for use for the effecting of betting transactions;

• “betting worker” means an employee who, under his contract of employment, is required to do betting work or may be required to do such work;

• “bookmaker” means any person who—

  (a)

  whether on his own account or as servant or agent to any other person, carries on, whether occasionally or regularly, the business of receiving or negotiating bets or conducting pool betting operations; or

  (b)

  by way of business in any manner holds himself out, or permits himself to be held out, as a person who receives or negotiates bets or conducts such operations;

• “the commencement date” means the day on which this Schedule comes into force;

• “dismissal” has the same meaning as in Part V of the 1978 Act;

• “notice period”, in relation to an opting-out notice, has the meaning given by paragraph 6 below;

• “opted-out”, in relation to a betting worker, shall be construed in accordance with paragraph 5 below;

• “opting-in notice” has the meaning given by paragraph 3(2) below;

• “opting-out notice” has the meaning given by paragraph 4(3) below;

• “protected”, in relation to a betting worker, shall be construed in accordance with paragraphs 2 and 3 below.

(2) Subject to sub-paragraph (3) below, the following provisions of the 1978 Act—

• section 151(1) and (2) (computation of period of continuous employment), and

• section 153 (general interpretation),

shall have effect for the purposes of this Schedule as they have effect for the purposes of that Act.

(3) For the purposes of this Schedule, section 151(2) of the 1978 Act shall have effect with the omission of the words from “but” onwards and Schedule 13 to that Act shall have effect with the following modifications—

(a) in paragraph 1 for the words “paragraphs 3 to 12” there shall be substituted “paragraph 4 or paragraphs 9 to 12”,

(b) paragraph 3 and paragraphs 5 to 8 shall be omitted, and

(c) in paragraph 4 the words “which normally involves employment for sixteen hours or more weekly” shall be omitted.

(4) Where section 56 of the 1978 Act (failure to permit women to return to work after childbirth treated as dismissal) applies to an employee who was employed as a betting worker under her contract of employment on the last day of her maternity leave period, she shall be treated for the purposes of this Schedule as if she had been employed as a betting worker on the day with effect from which she is treated as dismissed under that section.

Textual Amendments

F2 Sch. 5A para. 1 inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.

Marginal Citations

M1 1978 c. 44.