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Betting and Gaming Duties Act 1981
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Changes over time for: Section 5C
Version Superseded: 10/07/2003
Alternative versions:
- 06/10/2001- Amendment
- 10/06/2003
Point in time - 10/07/2003- Amendment
- 19/07/2007- Amendment
- 01/12/2014- Amendment
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Point in time view as at 10/06/2003. This version of this provision has been superseded.
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F15C Bet-brokersU.K.
(1)This section applies where—
(a)one person (the “bettor”) makes a bet with another person (the “bet-taker”) using facilities provided in the course of a business by a third person (the “bet-broker”), or
(b)one person (the “bet-broker”) in the course of a business makes a bet with another person (the “bet-taker”) as the agent of a third person (the “bettor”) (whether the bettor is a disclosed principal or an undisclosed principal).
(2)For the purposes of sections 2 to 5B—
(a)the bet shall be treated as if it were made by the bettor with the bet-broker and not with the bet-taker,
(b)the bet-broker shall be treated as a bookmaker in respect of the bet,
(c)the aggregate of amounts due to be paid by the bettor in respect of the bet shall be treated as being due to the bet-broker, and
(d)a sum paid by the bet-taker by way of winnings in respect of the bet shall be treated as having been paid by the bet-broker at that time and for that purpose.
(3)But subsection (2) does not apply to a bet if—
(a)the bet-taker holds a bookmaker’s permit, and
(b)the bet would not be an on-course bet if the bet-broker were making the bet with the bet-taker as principal.
(4)In the case of a bet which is excluded from subsection (2) by virtue of subsection (3), for the purposes of sections 2 to 5B—
(a)the bet shall be treated as if it were made separately by the bettor with the bet-broker and by the bet-broker with the bet-taker,
(b)the bet-broker shall be treated as a bookmaker in respect of the bet,
(c)the aggregate of amounts due to be paid by the bettor in respect of the bet shall be treated as being due separately to the bet-broker and to the bet-taker (and any amount due to be paid by the bet-broker to the bet-taker shall be disregarded), and
(d)a sum paid by the bet-taker by way of winnings in respect of the bet shall be treated as having been paid separately by the bet-taker and by the bet-broker at that time and for that purpose (and any sum paid by the bet-broker shall be disregarded).
(5)This section does not apply—
(a)to bets made by way of pool betting, or
(b)to bets made using facilities provided by a person holding (and relying on) a betting agency permit (within the meaning of section 9(2)(c)(ii) of the Betting, Gaming and Lotteries Act 1963).
(6)Where there is any doubt as to which of two persons is the bettor and which the bet-taker for the purposes of subsection (1)(a), whichever of the two was the first to use the facilities of the bet-broker to offer the bet shall be treated as the bet-taker.
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