(1)Subject to subsection (3) below, a machine is a gaming machine for the purposes of this Act if it is of the following description—
(a)it is constructed or adapted for playing a game of chance by means of it;
(b)a player pays to play the machine (except where he has an opportunity to play without payment as the result of having previously played successfully), either by inserting a coin or token into the machine or in some other way; and
(c)the outcome of the game is determined by the chances inherent in the action of the machine, whether or not provision is made for manipulation of the machine by a player.
(2)In subsection (1) above, “game of chance” includes a game of chance and skill combined and a pretended game of chance or of chance and skill combined; and the fact that a game contains an element of skill shall not prevent it being treated as a game of chance if nothing but superlative skill can overcome the element of chance.
(3)A machine shall not be treated as a gaming machine for the purposes of this Act if either—
(a)it is constructed or adapted so that a person playing it once and successfully receives nothing except an opportunity, afforded by the automatic action of the machine, to play again (once or more often) without paying, or
(b)it is constructed or adapted so that, where a person plays it once and successfully, that which he receives is determined by the automatic action of the machine and is either—
(i)a money prize not greater than the amount payable to play the machine once, or
(ii)a token which is, or two or more tokens which in the aggregate are, exchangeable only for such a money prize.
(4)For the purposes of determining whether a machine is a gaming machine, it is immaterial whether it is capable of being played by only one person at a time, or is capable of being played by more than one person; but for the purposes of sections 21 to 24 above a machine [F1other than a 2-penny machine] which two or more persons can play simultaneously (whether or not participating with one another in the same game) shall, instead of being treated as one machine, be treated—
(a)in the case of a machine which no player can play except by the insertion into the machine of a coin or coins of a denomination, or aggregate denomination not exceeding [F25p], as a number of machines, all chargeable at the lower rate, equal to the number of persons who can play the machine simultaneously; and
(b)[F3in a case not falling within paragraph (a) above;] as a number of machines, all chargeable at the higher rate, equal to that number of persons; . . . F4
(c) . . . F4
and the number of persons who can play a particular machine simultaneously shall be determined by reference to the number of individual playing positions provided on the machine.
Textual Amendments
F1Words inserted by Finance Act 1982 (c. 39, SIF 12:2), s. 8, Sch. 6 para. 13(a)
F2Words substituted by Finance Act 1982 (c. 39, SIF 12:2), s. 8, Sch. 6 para. 13(b)
F3Words substituted by Finance Act 1982 (c. 39, SIF 12:2), s. 8, Sch. 6 para. 13(c)
F4S. 25(4)(c) and the word “and” at the end of para. (b) repealed by Finance Act 1982 (c. 39, SIF 12:2), ss. 8, 157(6), Sch. 6 para. 13(d), Sch. 22 Pt. III Note