Gaming Act 1968 (repealed)

41 Gaming at entertainments not held for private gain.F3 E+W+S

(1) The provisions of this section shall have effect in relation to gaming which—

(a) consists of games played at an entertainment promoted otherwise than for purposes of private gain, and

(b) is not gaming to which Part II of this Act applies or gaming by means of a machine to which Part III of this Act applies, and

(c) does not constitute the provision of amusements with prizes [F1 as mentioned in section 15(1) or 16(1) of the M1 Lotteries and Amusements Act 1976];

and any reference in this Act to gaming to which this section applies is a reference to gaming in respect of which the conditions specified in paragraphs (a) to (c) of this subsection are fulfilled.

(2) Section 2 of this Act shall have effect in relation to gaming to which this section applies as it has effect in relation to gaming to which Part I of this Act applies.

(3) In respect of all games played at the entertainment which constitute gaming to which this section applies, not more than one payment (whether by way of entrance fee or stake or otherwise) shall be made by each player, and no such payment shall exceed ten shillings.

(4) Subject to subsections (7) and (8) of this section, the total value of all prizes and awards distributed in respect of those games shall not exceed fifty pounds.

(5) The whole of the proceeds of such payments as are mentioned in subsection (3) of this section, after deducting sums lawfully appropriated on account of expenses or for the provision of prizes or awards in respect of the games, shall be applied for purposes other than private gain.

(6) The sum appropriated out of those proceeds in respect of expenses shall not exceed the reasonable cost of the facilities provided for the purposes of the games.

(7) Where two or more entertainments are promoted on the same premises by the same persons on the same day, subsections (3) to (6) of this section shall have effect in relation to those entertainments collectively as if they were a single entertainment.

(8) Where a series of entertainments is held otherwise than as mentioned in subsection (7) of this section—

(a) subsections (3) to (6) of this section shall have effect separately in relation to each entertainment in the series, whether some or all of the persons taking part in any one of those entertainments are thereby qualified to take part in any other of them or not, and

(b) if each of the persons taking part in the games played at the final entertainment of the series is qualified to do so by reason of having taken part in the games played at another entertainment of the series held on a previous day, subsection (4) of this section shall have effect in relation to that final entertainment as if for the words “fifty pounds” there were substituted the words “one hundred pounds.”

(9) The Secretary of State may by order provide that, in relation to entertainments held on or after the date on which the order comes into operation, this section shall have effect as if, for such one or more of the following sums as may be specified in the order, that is to say—

(a) the sum of ten shillings specified in subsection (3) of this section;

(b) the sum of fifty pounds specified in subsections (4) and (8)(b) of this section; and

(c) the sum of one hundred pounds specified in subsection (8)(b) of this section,

there were substituted such larger sum as is specified in the order.

(10) Subsections (1) to (4) of section 8 of this Act shall have effect as if in those subsections any reference to sections 2 to 4 or to Part I of this Act included a reference to this section.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F1 Words substituted by Lotteries and Amusements Act 1976 (c. 32), Sch. 4 para. 3

F2 S. 41(11) repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5

Modifications etc. (not altering text)

C1 S. 41(3) has effect (E.W.) by virtue of S.I. 1988/1026, art. 3, Sch. (S.I. 1988/1026, art. 3, Sch. revoked 1. 12. 1992 by S.I. 1992/2646, art. 3) and (S.) by virtue of S.I. 1988/1050, art. 3, Sch. (S.I. 1988/1050, art. 3, Sch. revoked 1. 12. 1992 by S.I. 1992/2754, art. 3) as if for the reference to the sum specified in that provision there were substituted a reference to £2.50.

C2 S. 41(3) has effect (E.W.) (1. 12. 1992) by virtue of S.I. 1992/2646, art. 2, Sch. as if for the reference to the sum specified in that provision there were substituted a reference to £3.

C3 S. 41(3) has effect (S.) (1. 12. 1992) by virtue of S.I. 1992/2754, art. 2, Sch. as if for the reference to the sum specified in that provision there were substituted a reference to £3.

C4 S. 41(4) has effect (E.W.) by virtue of S.I. 1988/1026, art. 3, Sch. (S.I. 1988/1026, art. 3, Sch. revoked 1. 12. 1992 by S.I. 1992/2646, art. 3) and (S.) by virtue of S.I. 1988/1050, art. 3, Sch. (S.I. 1988/1050, art. 3, Sch. revoked 1. 12. 1992 by S.I. 1992/2754, art. 3) as if for the reference to the sum specified in that provision there were substituted a reference to £250

C5 S. 41(4) has effect (E.W.) (1. 12. 1992) by virtue of S.I. 1992/2646, art. 2, Sch. as if for the reference to the sum specified in that provision there were substituted a reference to £300.

C6 S. 41(4) has effect (S.) (1. 12. 1992) by virtue of S.I. 1992/2754, art. 2, Sch. as if for the reference to the sum specified in that provision there were substituted a reference to £300.

C7 S. 41(8) has effect (E.W.) by virtue of S.I. 1988/1026, art. 3, Sch. (S.I. 1988/1026, art. 3, Sch. revoked 1. 12. 1992 by S.I. 1992/2646, art. 3) and (S.) by virtue of S.I. 1988/1050, art. 3, Sch. (S.I. 1988/1050, art. 3, Sch. revoked 1. 12. 1992 by S.I. 1992/2754, art. 3) as if for the references to the sums specified in that provision there were substituted references to £250 and £500.

C8 S. 41(8) has effect (E.W.) (1. 12. 1992) by virtue of S.I. 1992/2646, art. 2, Sch. as if for the references to the sums specified in that provision there were substituted references to £300 and £600.

C9 S. 41(8) has effect (S.) (1. 12. 1992) by virtue of S.I. 1992/2754, art. 2, Sch. as if for the references to the sums specified in that provision there were substituted references to £300 and £600.

Marginal Citations

M1 1976 c. 32.

Textual Amendments applied to the whole legislation

F3 Act repealed (1.10.2005 for purposes of the repeal of s. 10, Sch. 1) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2005/2455, art. 2(1), Sch.