xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part 18U.K.Miscellaneous and General

GeneralE+W+S

353InterpretationE+W+S

(1)In this Act, except where the context otherwise requires—

(2)In this Act, except where the context otherwise requires—

(a)a reference to accepting a bet includes a reference to negotiating a bet,

(b)a reference to advertising is to be construed in accordance with section 327,

(c)a reference to participating in a lottery is to be construed in accordance with section 14,

(d)a reference to installing computer software includes a reference to downloading computer software,

(e)a reference to paying winnings in relation to a bet includes a reference to providing a prize in money's worth,

(f)a reference to postal services does not include a reference to facsimile transmission,

(g)a reference to premises includes a reference to part of premises,

(h)a reference to promoting a lottery is to be construed in accordance with section 252,

(i)a reference to providing facilities for gambling is to be construed in accordance with section 5,

(j)a reference to publication includes a reference to display, and

(k)a reference to the sale, supply or purchase of a lottery ticket is to be construed in accordance with section 253.

(3)For the purposes of this Act a reference to a virtual game, race or other event or process is a reference to—

(a)images generated by computer so as to resemble all or part of a game, race or other event or process of a kind that is played by or involves actual people, animals or things,

(b)images generated by computer so as to represent an imaginary game, race or other event or process, or

(c)any game, race or other event or process the result of which is determined by computer.

(4)A requirement under this Act to give a notice (or to notify) is a requirement to give notice in writing; and for that purpose—

(a)a message sent by facsimile transmission or electronic mail shall be treated as a notice given in writing, and

(b)a notice sent to a licensee at the address specified for that purpose in the licence shall, unless the contrary is proved, be treated as reaching him within a period within which it could reasonably be expected to reach him in the ordinary course of events.

(5)A reference in this Act to an act which is authorised by a licence or other document does not include a reference to an act which would be authorised by the licence or document but for failure to comply with a term or condition.

354Crown applicationE+W+S

(1)This Act binds the Crown.

(2)But this Act shall have no effect in relation to anything done on, or in relation to any use of, premises occupied (temporarily or permanently) by [F3any of Her Majesty's forces (within the meaning of the Armed Forces Act 2006)]

(3)[F4Section 40(3) of the Fire Precautions Act 1971 (c. 40) (conversion of reference to fire and rescue authority into reference to Her Majesty's Fire Inspectorate in relation to Crown premises) shall apply to a provision of this Act as it applies to provisions of that Act (but with the substitution for the reference to section 40(1) of a reference to subsection (1) above).]

[F4A reference to a responsible authority (being an authority mentioned in section 157(f) in a provision of this Act which, by virtue of subsection (1), applies to premises owned or occupied by the Crown shall have effect as if the reference were a reference to the enforcing authority (as defined in section 61(9) of the Fire Scotland Act 2005 (asp 5)).]

Textual Amendments

F3Words in s. 354(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 245; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I2S. 354 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

355Regulations, orders and rulesE+W+S

(1)Regulations or rules under this Act, or an order of the Secretary of State [F5, the Welsh Ministers] [F6or the Scottish Ministers] under this Act—

(a)may make provision which applies generally or only for specified purposes or in specified cases or circumstances,

(b)may make different provision for different purposes, cases or circumstances, and

(c)may include incidental, consequential or transitional provision.

(2)A provision of this Act which permits regulations, rules or an order to make provision of a specified kind is without prejudice to the generality of subsection (1).

(3)Regulations or rules under this Act, or an order of the Secretary of State [F7or the Welsh Ministers] under this Act, shall be made by statutory instrument.

(4)Regulations under any of the following provisions shall not be made by the Secretary of State unless a draft has been laid before and approved by resolution of each House of Parliament—

(a)section 4,

(b)section 6,

(c)section 7,

(d)section 14,

(e)section 78,

(f)section 123,

(g)section 167,

(h)section 168,

(i)section 236, and

(j)section 328.

(5)Regulations or rules made by a Minister of the Crown under any other provision of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)An order of the Secretary of State under this Act shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (subject to subsections (7) and (8)).

(7)Subsection (6) shall not apply to an order under section 349(6), to an order under section 351 other than an order adding an entry to the list in Part 2 or 3 of Schedule 6 or to an order under Part 2 of Schedule 7 or Part 2 of Schedule 18, which shall instead be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)Subsection (6) shall not apply to an order under section 358; but—

(a)an order under section 358(1) which includes provision made by virtue of section 358(4) or by virtue of Part 1 of Schedule 18 shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(b)an order under section 358(5) or (6) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

[F8(8A)An order of the Welsh Ministers under section 172 shall not be made unless a draft has been laid before and approved by resolution of the National Assembly for Wales.]

[F9(9)Subsection (3) does not apply to regulations made by the Scottish Ministers (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: functions exercisable by Scottish statutory instrument).

(10)Regulations made by the Scottish Ministers under a provision specified in subsection (4), or under section 285, and an order made by the Scottish Ministers under section 172, shall be subject to the affirmative procedure.

(11)Any other regulations made by the Scottish Ministers under a provision of this Act shall be subject to the negative procedure.]

Textual Amendments

F6Words in s. 355(1) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 52(5)(a), 72(7) (with s. 52(6))

F9S. 355(9)-(11) substituted for s. 355(9)(10) (23.5.2016) by Scotland Act 2016 (c. 11), ss. 52(5)(b), 72(7) (with s. 52(6))

Commencement Information

I3S. 355 in force at 28.8.2005 by S.I. 2005/2425, art. 2

356Amendments and repealsE+W+S

(1)Schedule 16 (minor and consequential amendments) shall have effect.

(2)An amendment in that Schedule shall have the same extent as the enactment amended (or as the relevant portion of the enactment amended).

(3)The following shall cease to have effect—

(a)the Gaming Act 1710 (c. 19),

(b)the Gaming Act 1738 (c. 28),

(c)the Gaming Act 1835 (c. 41),

(d)the Gaming Act 1845 (c. 109),

(e)the Gaming Act 1892 (c. 9),

(f)the Betting, Gaming and Lotteries Act 1963 (c. 2),

(g)the Gaming Act 1968 (c. 65),

(h)the Lotteries Act 1975 (c. 58), and

(i)the Lotteries and Amusements Act 1976 (c. 32).

(4)The enactments listed in Schedule 17 are hereby repealed to the extent specified.

(5)A repeal in that Schedule shall have the same extent as the provision repealed (subject to the Note to that Schedule).

Commencement Information

I4S. 356(1)(2) in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I5S. 356(1)(2) in force at 24.11.2005 for specified purposes by S.I. 2005/2455, art. 2(2) (with art. 3)

I6S. 356(1)(2) in force at 25.11.2005 for specified purposes by S.I. 2005/2455, art. 2(3) (with art. 3)

I7S. 356(1)(2) in force at 1.1.2007 for specified purposes by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

I8S. 356(1)(2)(4)(5) in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

I9S. 356(3)(a)-(e) (h) in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

I10S. 356(3)(f) in force at 1.9.2007 by S.I. 2006/3272, art. 3(1) (with art. 3(2)-(8), 4, 7-11, 7-12, Sch. 4)

I11S. 356(3)(g) in force at 1.9.2007 by S.I. 2006/3272, art. 4(1) (with art. 4(2)-(5), 7-11, 7-12, Sch. 4)

I12S. 356(3)(i) in force at 1.9.2007 by S.I. 2006/3272, art. 5(1) (with art. 5(2)-(6), 7-11, 7-12, Sch. 4)

I13S. 356(4)(5) in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I14S. 356(4)(5) in force at 1.1.2007 for specified purposes by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

I15S. 356(4)(5) in force at 1.9.2007 for specified purposes by S.I. 2006/3272, art. 3(1) (with art. 3(2)-(8), 4, 7-11, 7-12, Sch. 4)

I16S. 356(4)(5) in force at 1.9.2007 for specified purposes by S.I. 2006/3272, art. 5(1) (with art. 5(2)-(6), 7-11, 7-12, Sch. 4)

I17S. 356(4)(5) in force at 1.9.2007 for specified purposes by S.I. 2006/3272, art. 4(1) (with art. 4(2)-(5), 7-11, 7-12, Sch. 4)

357MoneyE+W+S

(1)Expenditure of a Minister of the Crown in connection with this Act shall be paid out of money provided by Parliament.

(2)A sum received by a Minister of the Crown in connection with this Act shall be paid into the Consolidated Fund.

Commencement Information

I18S. 357 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

358CommencementE+W+S

(1)The preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order.

(2)An order under subsection (1) may (without prejudice to the generality of section 355(1))—

(a)bring only specified provisions into force;

(b)bring different provisions into force at different times;

(c)bring a provision into force for a specified purpose only;

(d)bring a provision into force at different times for different purposes;

(e)in particular, bring Part 2 into force only for specified preliminary purposes relating to the establishment of the Commission (which may include the assumption of functions of the Gaming Board for Great Britain pending the commencement of repeals made by this Act);

(f)in particular, bring a provision of this Act into force for the purpose of enabling an advance application for a licence or permit to be made, considered and determined;

(g)in particular, bring an offence or other provision of this Act into force only in relation to gambling of a specified class or in specified circumstances;

(h)include transitional provision modifying the application of a provision of this Act pending the commencement of, or pending the doing of anything under, a provision of another enactment.

(3)Schedule 18 (transitional) shall have effect.

(4)Without prejudice to the generality of section 355(1)(c) or of Schedule 18, an order under this section may—

(a)make savings (with or without modification) or transitional provision in connection with Part 1 or 2 of the Horserace Betting and Olympic Lottery Act 2004 (c. 25) (sale of the Horserace Totalisator Board (“the Tote”) and abolition of the horserace betting levy system);

(b)modify a provision of this Act in its application in relation to a matter addressed by Part 1 or 2 of that Act or so as to reflect a provision of Part 1 or 2 of that Act;

(c)modify a provision of Part 1 or 2 of that Act (including a provision which amends another enactment) so as to reflect a provision of this Act.

(5)If the Secretary of State brings into force a repeal effected by this Act at a time when the appointed day for the purposes of Part 1 of that Act has not been appointed or has not arrived, he may by order—

(a)save, with or without modification, a provision repealed by this Act in so far as it relates to the Tote;

(b)make provision in connection with the Tote of a kind similar to provision made by a provision repealed by this Act;

(c)modify a provision of this Act for a purpose connected with the Tote;

(d)modify a provision of Part 1 of that Act (including a provision which amends another enactment) so as to reflect a provision of this Act.

(6)If the Secretary of State wholly or partly brings into force the repeal by this Act of the Betting, Gaming and Lotteries Act 1963 (c. 2) at a time when the provisions listed in section 15(1)(a) to (c) of the Horserace Betting and Olympic Lottery Act 2004 (horserace betting levy system) have not been entirely repealed by order under that section, he may by order—

(a)save any of those provisions, with or without modification;

(b)make provision of a kind similar to any of those provisions;

(c)modify a provision of this Act for a purpose connected with a matter addressed by any of those provisions or by Part 2 of that Act;

(d)modify a provision of Part 2 of that Act (including a provision which amends another enactment) so as to reflect a provision of this Act.

359Vessels: territorial limitationsE+W+S

(1)A person does not commit an offence under Part 3, 4, 10 or 11 of this Act if—

(a)the conduct which would otherwise constitute the offence takes place on board a vessel (within the meaning of section 353(1)), and

(b)the vessel is on a journey which has taken it or is intended to take it into international waters.

(2)Subject to subsection (1) a provision of this Act which applies in relation to a thing done in Great Britain applies to that thing if done on or in the territorial sea adjacent to Great Britain.

(3)In this section—

360Aircraft: territorial limitationsE+W+S

(1)A person does not commit an offence under Part 3, 4, 10 or 11 of this Act if the conduct which would otherwise constitute the offence takes place—

(a)on board an aircraft, and

(b)at a time when the aircraft is in international airspace.

(2)In this section “international airspace” means airspace other than airspace above Great Britain or above the territorial sea adjacent to Great Britain (within the meaning given by section 1 of the Territorial Sea Act 1987).

361ExtentE+W+S

(1)The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—

(a)section 43,

(b)F10...and

(c)section 340 (and the related entry in Schedule 17).

(2)The other provisions of this Act shall extend only to—

(a)England and Wales, and

(b)Scotland.

(3)This section is subject to section 356.

Textual Amendments

F10S. 361(1)(b) omitted (1.11.2014) by virtue of Gambling (Licensing and Advertising) Act 2014 (c. 17), ss. 3(2)(a)(iii), 6(5); S.I. 2014/2444, art. 2(b) (as amended (29.9.2014) by S.I. 2014/2646, art. 2)

362Short titleE+W+S

This Act may be cited as the Gambling Act 2005.