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Part IE+W+S Gaming Elsewhere than on Premises Licensed or Registered under Part II of this Act

3 No charge for taking part in gaming. E+W+S

(1)Subject to the following provisions of this section, no gaming to which this Part of this Act applies shall take place in circumstances where (apart from any stakes hazarded) a charge, in money or money’s worth, is made in respect of that gaming.

(2)Subject to the next following subsection, any admission charge shall, unless the contrary is proved, be taken to be a charge made as mentioned in subsection (1) of this section.

(3)For the purposes of this section a payment which constitutes payment of, or of a quarterly or half-yearly instalment of, an annual subscription to a club, or which constitutes payment of an entrance subscription for membership of a club, shall not be taken to be a charge made as mentioned in subsection (1) of this section:

Provided that this subsection shall not apply to a club unless it is shown that the club is so constituted and conducted, in respect of membership and otherwise, as not to be of a temporary character, and, in relation to an entrance subscription, shall not apply unless it is shown that the payment is not made in respect of temporary membership of the club.

(4)The preceding provisions of this section shall have effect subject to section 40 of this Act.

Modifications etc. (not altering text)

C1S. 3 excluded by (E.W.) S.I. 1984/248, regs. 5(1), 6(1) and (S.) S.I. 1984/470, regs. 5(1), 6(1) (as those S.Is. are amended (26.4.2000) by S.I. 2000/899, reg. 3)