Gaming Act 1968 (repealed)

27 General restrictions. E+W+S

(1) Except as provided by subsections (2) to (4) of this section, no person shall, whether as principal or as a servant or agent, sell or supply a machine to which this Part of this Act applies unless—

(a) he is the holder of a certificate issued for the purposes of this subsection by the Board which is for the time being in force, or of a permit in respect of that machine which has been granted for the purposes of this subsection by the Board and is for the time being in force, or

(b) where he sells or supplies the machine as the servant or agent of another person, that other person is the holder of such a certificate or permit.

(2) The preceding subsection does not apply—

(a) to the sale of machines of any description to a person who carries on a business which consists of or includes selling or supplying machines of that description;

(b) to the sale or supply of a machine to a person buying or agreeing or proposing to buy it under a credit-sale agreement, or to the supply of a machine to a person as being a person hiring or agreeing or proposing to hire it under a hire-purchase agreement, where (in any such case) the person who is or is to be the seller or owner in relation to the agreement has at no time had possession of the machine and became or becomes the owner of it only for the purpose of entering into the agreement;

(c) to the sale or supply of a machine as scrap; or

(d) to any transaction whereby the premises in which a machine to which this Part of this Act applies is installed are sold or let and the machine is sold or supplied to the purchaser or tenant as part of the fixtures and fittings of the premises.

(3) Subject to the next following subsection, subsection (1) of this section does not apply to the sale or supply of a machine for use exclusively at a travelling showmen’s pleasure fair or for use exclusively on premises used or to be used—

(a) wholly or mainly for the provision of amusements by means of machines to which this Part of this Act applies, or

(b) wholly or mainly for the purposes of a pleasure fair consisting wholly or mainly of amusements, or

(c) as a pleasure pier.

(4) The Secretary of State may by order direct that subsection (3) of this section shall cease to have effect, or shall have effect subject to such exceptions as may be specified in the order.

(5) No person acting as principal shall—

(a) undertake for valuable consideration to maintain the mechanism of a machine to which this Part of this Act applies, or

(b) cause or permit another person to enter into such an undertaking on his behalf,

unless the person so acting as principal is the holder of a certificate issued for the purposes of this subsection by the Board which is for the time being in force, or of a permit in respect of that machine which has been granted for the purposes of this subsection by the Board and is for the time being in force.

(6) The provisions of Schedule 6 to this Act shall have effect with respect to the issue of certificates, and the grant of permits, for the purposes of subsections (1) and (5) of this section.

(7) In this section “credit-sale agreement” means an agreement for the sale of goods under which the whole or part of the purchase price is payable by instalments, and “hire-purchase agreement” has the meaning assigned to it by section 1 of the M1 Hire-Purchase Act 1965, or, in the application of this section to Scotland, by section 1 of the M2 Hire-Purchase (Scotland) Act 1965.

Marginal Citations

M1 1965 c. 66.

M2 1965 c. 67.