Section 7.
1In section 21(2) there shall be omitted—
(a)the words “(a) an ordinary licence, being ” ;
(b)paragraph (b) together with the word “or” immediately preceding it; and
(c)the words from “and where a licence ” onwards.
2(1)In subsection (1) of section 22 for the words “an ordinary ” there shall be substituted the word “a ”and in paragraph (b) for the words “or the higher ” and “either ” there shall be substituted the words “the higher or the peak ” and “each ” respectively.
(2)For subsection (5) of that section there shall be substituted the following—
“(5)Subject to subsection (6) below, for the purposes of a licence—
(a)a machine is chargeable at the lower rate if it can only be played by the insertion into the machine of a coin or coins of a denomination, or aggregate denomination, not exceeding 2p ;
(b)a machine is chargeable at the higher rate—
(i)if it is on premises which have local authority approval under the Gaming Acts and is not within paragraph (a) above, or
(ii)if it is not on such premises and it can only be played by the insertion into it of a coin or coins of a denomination, or aggregate denomination, exceeding 2p but not exceeding 5p ; and
(c)a machine is chargeable at the peak rate in any other case.
(6)Where the game playable by means of a machine can be played more than once for the insertion of a coin or coins of a denomination, or aggregate denomination, exceeding a sum mentioned in subsection (5) above, the machine is to be treated for the purposes of that subsection as if it can only be played by the insertion into it of a coin of a denomination not exceeding that sum if in effect the amount payable to play the game once does not exceed that sum.”.
3In section 23—
(a)for the words “an ordinary”, wherever they occur, there shall be substituted the word “a ”;
(b)for the Tables in subsection (1) there shall be substituted the following—
| Description of machines authorised by the licence | Number of machines of that desciption so authorised | Duty on whole-year licence |
|---|---|---|
| Chargeable at the lower rate. | One or more machines | £20 per machine. |
| Chargeable at the higher rate. | One machine | £25. |
| Two or more machines | £25 plus £100 per machine in excess of one. |
| Description of machines authorised by the licence | Number of machines of that desciption so authorised | Duty on whole-year licence |
|---|---|---|
| Chargeable at the lower rate. | One or more machines | £50 per machine. |
| Chargeable at the higher rate. | One machine | £100. |
| Two or more machines | £100 plus £200 per machine in excess of one. | |
| Chargeable at the peak rate. | One or more machines | £300 per machine. |
4Section 24 shall be omitted.
5(1)In subsection (1) of section 25 after the words “no gaming machine ” there shall be inserted the words “other than a penny machine ”.
(2)In subsection (2) of that section—
(a)the word “ordinary ”, in both places, shall be omitted; and
(b)there shall be substituted for the words “the lower ” the word “one ” and for the words “the higher” the word “another ”.
(3)In subsection (3) of that section there shall be substituted—
(a)for the words “an ordinary ”. the word “a ” ;
(b)for the words “the lower ” the word “one ” ; and
(c)for the words “the higher ” the word “another ”.
(4)In subsection (4) of that section there shall be substituted—
(a)for the words “an ordinary ” the word “a ” ;
(b)for the words “one only of the two rates ” the words “at one rate only ” ;
(c)for the words “at the other rate ” in paragraph (b) the words “at any other rate ”;
and in paragraph (b) the word “ordinary ” shall be omitted.
(5)Subsection (5) of that section shall be omitted.
6In section 26(4)—
(a)paragraph (a) shall be omitted;
(b)in paragraph (b) the words “penny machine or any other ” shall be omitted and for “l-25p ” there shall be substituted “2p ”; and for the words “an ordinary ” there shall be substituted the word “a ”;
(c)for paragraph (c) there shall be substituted the following—
“(c)in the case of a machine which is on premises which have local authority approval under the Gaming Acts and is not within paragraph (b) above or which is not on such premises and which no player can play except by the insertion into the machine of a coin or coins of a denomination, or aggregate denomination, exceeding 2p but not exceeding 5p, be treated for the purposes of a licence as a number of machines, all chargeable at the higher rate, equal to that number of persons ; and
(d)in a case not falling within paragraph (b) or (c) above, be treated for the purposes of a licence as a number of machines, all chargeable at the peak rate, equal to that number of persons ;”.
7After paragraph 2A of Schedule 4 there shall be inserted the following—
2BA gaming machine licence shall not be required in order to authorise the provision of a gaming machine on any premises during March or October of any year if the premises have local authority approval under the Gaming Acts and the provision of the machine on the premises has been authorised by a gaming machine licence for the period from 1st April to 30th September in that year.”.
8In sub-paragraph (1) of paragraph 4 of that Schedule for the words “an ordinary ”, in both places, there shall be substituted the word “a ” and sub-paragraph (2) of that paragraph shall be omitted.
9In sub-paragraph (2) of paragraph 5 of that Schedule for the words “An ordinary ” and “an ordinary ” there shall be substituted respectively the words “A ” and “a ” and sub-paragraphs (3) to (5) of that paragraph shall be omitted.
10In paragraph 7(b) of that Schedule the words “in the case of an ordinary licence ” shall be omitted and there shall be substituted for the words “the lower rate or the higher rate ” the words “one rate ” and for the words “the other rate ” the words “another rate ”.
11In paragraph 8 of that Schedule—
(a)in sub-paragraph (2) there shall be substituted—
(i)for the words “An ordinary ” the word “A ”,
(ii)in paragraph (a) for the words “one or other, or at each, of the two rates ” the words “one or more of the rates ”, and
(iii)in paragraph (b) and (c) for the words “the other ” the word “another ” ;
(b)sub-paragraph (3) shall be omitted ; and
(c)in sub-paragraph (4) for the words from “except” to the end there shall be substituted " except that where a whole-year licence falls to be amended in pursuance of a late application, that is to say an application made after 31st March immediately preceding 30th September on which it is due to expire—
(i)in the case of a licence which has not previously been amended in pursuance of a late application, the additional duty shall be eleven-twentieths of that difference, and
(ii)in any other case, the additional duty shall be the difference between the additional duty that would be payable if no previous late applications had been made and the additional duty paid on any such applications.".
12In paragraph 9 of that Schedule—
(a)in sub-paragraph (1) for the words “an ordinary ” there shall be substituted the word “a ” , and
(b)in sub-paragraph (2), the word “either ”, sub-paragraph (b), and the word “or ” immediately preceding that sub-paragraph, shall be omitted.
13In paragraph 12 of that Schedule for the words “or at the higher rate or, as the case may be, as penny machines ” there shall be substituted the words “the higher rate, the peak rate or, as the case may be, as being penny machines ”.
14In section 43(3) there shall be omitted—
(a)the words “(a) in the case of a licence chargeable under section 44 or 45 ” ; and
(b)paragraph (b) together with the word “or” immediately preceding it.
15(1)In subsection (1) of section 44 the words “other than gaming machine licences to which section 45 applies ” shall be omitted.
(2)In subsection (2) of that section for the words “or the higher ” there shall be substituted the words “the higher or the peak ”.
(3)For subsection (3) of that section there shall be substituted the following—
“(3)Subject to subsection (3A) below, a machine is chargeable—
(a)at the lower rate, if it can only be played by the insertion into the machine of a coin or coins of a denomination, or aggregate denomination, not exceeding £0.02 ;
(b)at the higher rate if it can only be played by the insertion into the machine of a coin or coins of a denomination, or aggregate denomination, exceeding £0.02 but not exceeding £0.05 ; and
(c)at the peak rate, in any other case.
(3A)Where the game playable by means of a machine can be played more than once for the insertion of a coin or coins of a denomination, or aggregate denomination, exceeding a sum mentioned in subsection (3) above, the machine is to be treated for the purposes of that subsection, as if it can only be played by the insertion into it of a coin of a denomination not exceeding that sum if in effect the amount payable to play the game once does not exceed that sum.”
(4)For the Table in subsection (4) there shall be substituted the following—
| Description of machines authorised by the licence | Number of machines of that desciption so authorised | Duty on whole-year licence |
|---|---|---|
| Chargeable at the lower rate. | One or more machines | £50 per machine. |
| Chargeable at the higher rate. | One machine | £100. |
| Two or more machines | £100 plus £200 per machine in excess of one. | |
| Chargeable at the peak rate. | One or more machines | £300 per machine. |
(5)In subsection (6)—
(a)in paragraph (a) for " £0.01 ½ “there shall be substituted ” £0.02 "; and
(b)after paragraph (a) there shall be inserted the following—
“(aa)in the case of a machine which a player cannot play except by the insertion into the machine of a coin or coins of a denomination, or aggregate denomination, exceeding £0.02 but not exceeding £0.05, shall be treated as a number of machines, all chargeable at the higher rate, equal to that number of persons ; and "”
and in paragraph (b) for the word “higher” there shall be substituted the word “peak ”.
16Section 45 shall be omitted.
17(1)In subsection (1) of section 46 mere shall be omitted the words from the beginning to “applies ” and there shall be inserted at the end the words " or the value or aggregate value of the benefits in money or money's worth which any player who is successful in a single game played by means of the machine may receive cannot exceed £0.10 ".
(2)In subsection (2) of that section the words “in the case of a gaming machine licence to which section 44 applies ” shall be omitted and for the words “one of the two rates ” there shall be substituted the words “one rate ” and for the words “the other rate ” the words “another rate ”.
18(1)In subsection (1) of section 47 there shall be substituted for the words “the lower rate ” the words “one rate ” and for the words “the higher rate ” the words “another rate ”.
(2)For subsection (2) of that section there shall be substituted the following—
“(2)In accordance with subsection (1), in ascertaining whether there has been a contravention of section 46 in respect of any premises, two or more gaming machine licences may be taken into account only if each relates to machines chargeable at the same rate and is the only licence relating to machines chargeable at that rate.”
(3)In subsection (3) of that section there shall be substituted for the words “the lower rate or the higher rate ” the words “one rate” and for the words “the other rate ” the words “another rate ”.
(4)Subsection (4) of that section shall be omitted.
19Part II of Schedule 3 shall be omitted.
20In paragraph 9(2) of that Schedule the words " an eight-month licence shall expire at die end of 31st October next after that date ; " shall be omitted.
21(1)For sub-paragraph (2) of paragraph 11 of that Schedule there shall be substituted the following—
“(2)A licence may be amended under this paragraph
(a)so as to increase the number of machines which are authorised by the licence for the premises in question (whether chargeable at one or more of the rates) ; or
(b)so as to increase the number of machines chargeable at any rate and reduce the number chargeable at another rate; or
(c)in the case of a licence which authorises only machines chargeable at one rate, so as to authorise a specified number of machines chargeable at another rate.”.
(2)In sub-paragraph (3) of that paragraph for the words from “except ” to the end there shall be substituted " except that where a whole-year licence falls to be amended in pursuance of a late application, that is to say an application made after 31st March immediately preceding 30th September on which it is due to expire—
(i)in the case of a licence which has not previously been amended in pursuance of a late application, the additional duty shall be eleven-twentieths of that difference, and
(ii)in any other case, the additional duty shall be the difference between the additional duty that would be payable if no previous late applications had been made and the additional duty paid on any such applications. ".
22In paragraph 13 of that Schedule for sub-paragraphs (a) and (b) there shall be substituted the words “at the lower rate, the higher rate, the peak rate or as being machines for the provision of which such a licence is not required ”.