Gambling Act 2005 Explanatory Notes

Section 236: Gaming machines: Categories A to D

585.Gaming machines will be divided into categories, with different entitlements set out in the Act to use the various categories. This section requires the Secretary of State to define, in regulations, four classes of gaming machine, to be known as categories A, B, C and D. Category B may also be sub-divided into further sub-categories, and these regulations may identify to which sub-category of B machine an entitlement relates (subsections (1) and (2)).

586.The categorisation will refer to the particular facilities for gambling which are offered on the machine. In particular, under subsection (4), the regulations can specify:

  • the maximum amounts that can be paid to use the machine;

  • the value or nature of the prize delivered as a result of its use;

  • the nature of the gambling for which the prize is used; or

  • the types of premises on which it can be used.

587.These matters can be combined so that, for example, one category of machine could have different maximum use charges dependent on the nature of the prize offered by the machine.

588.Details of the proposed A to D categorisation of gaming machines is set out in the Regulatory Impact Assessment published alongside the Act. The intention is that Category D will have the lowest levels of charge and prizes, and that these will increase in value, up to Category A, which will be a machine with no limits as to charges and prizes.

589.Part 8 of the Act contains the principal commercial entitlements for different types of licensed gambling premises to use different categories of machines. Different permissions are also available under Part 12 of the Act, for clubs, miners’ welfare institutes, alcohol licensed premises and travelling fairs, and, also, pursuant to this Part, for family entertainment centres.

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