Part 18Miscellaneous and General

Miscellaneous

339Prize competitions

Participating in a competition or other arrangement under which a person may win a prize is not gambling for the purposes of this Act unless it is—

(a)gaming within the meaning of section 6,

(b)participating in a lottery within the meaning of section 14, or

(c)betting within the meaning of sections 9 to 11.

340Foreign betting

Sections 9 to 9B of the Betting and Gaming Duties Act 1981 (c. 63) (prohibitions, for protection of the revenue, in relation to foreign betting) shall cease to have effect.

341Offence committed by body

(1)Subsection (2) applies where an offence under this Act is committed by a body of persons corporate or unincorporate (other than a partnership) and it is proved that the offence was committed—

(a)with the consent or connivance of an officer of the body, or

(b)as a result of the negligence of an officer of the body.

(2)The officer, as well as the body, shall be guilty of the offence.

(3)In subsection (1) a reference to an officer of a body includes a reference to—

(a)a director, manager or secretary,

(b)a person purporting to act as a director, manager or secretary, and

(c)if the affairs of the body are arranged by its members, a member.

(4)Where an offence under this Act is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence.

(5)Where an offence under this Act is committed by a limited partnership, subsections (1) and (2) shall have effect, but as if a reference to an officer of the body were a reference to a partner.

(6)In relation to the prosecution of a body of persons unincorporate for an offence under this Act, the body shall be treated for all procedural purposes as if it were a body corporate.

(7)The Secretary of State may by regulations make provision for the modification of a provision of this section in its application to a body of persons formed under, or in so far as the body is recognised by, law having effect outside the United Kingdom.

342False information

(1)A person commits an offence if without reasonable excuse he gives to the Commission or a licensing authority for a purpose connected with a provision of this Act (whether or not in relation to an application under this Act) information which is—

(a)false, or

(b)misleading.

(2)A person guilty of an offence under this section shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks,

(b)a fine not exceeding level 5 on the standard scale, or

(c)both.

(3)In the application of subsection (2) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

(4)Where it appears to the Commission or a licensing authority that a decision under this Act was taken by them in reliance upon false or misleading information, they may do anything that they think expedient for the purpose of cancelling, terminating or varying an effect of the decision (but action under this subsection shall not make unlawful anything done before the action is taken).

343Value of prize

(1)Regulations prescribing a maximum value of prizes for a purpose of this Act may include provision for determining the value of a prize.

(2)Regulations by virtue of subsection (1) may, in particular—

(a)apply (with or without modification) or make provision similar to a provision of section 20 of the Betting and Gaming Duties Act 1981 (c. 63) (expenditure on bingo winnings);

(b)confer a discretion on the Secretary of State, on the Gambling Commission or on another person;

(c)provide for an appeal;

(d)confer jurisdiction on a court or tribunal.

(3)The imposition by or by virtue of this Act of a maximum on the value of a prize does not prevent an arrangement between a person who has won one or more prizes and a person who provides facilities for gambling whereby the prize or prizes are exchanged (whether for money or for one or more articles); provided that—

(a)the amount of money or the value of the articles for which the prize or prizes are exchanged does not exceed the maximum amount or value of the prize, or the aggregate maximum amount or value of the prizes, that the person could lawfully have won, and

(b)the nature of the substituted prize or prizes complies with any requirements of or by virtue of this Act as to the nature of the prize or prizes that the person could lawfully have won.

344Participation fees

(1)In this Act “participation fee” means an amount paid in respect of entitlement to participate in gambling; and for that purpose—

(a)it is immaterial—

(i)how a fee is described,

(ii)whether a fee is payable in money or in money’s worth,

(iii)when and how a fee is payable,

(iv)to whom a fee is payable,

(b)a charge for admission to premises where gambling takes place shall be treated as a participation fee,

(c)a membership subscription is not a participation fee (subject to subsections (2) and (3)), and

(d)a stake is not a participation fee.

(2)The Secretary of State may by regulations provide for a membership subscription to be treated as a participation fee in specified circumstances.

(3)For the purposes of section 279, a membership subscription is a participation fee.

(4)The Secretary of State may make regulations providing, in connection with the operation of a provision made by or by virtue of this Act in relation to a participation fee, for the apportionment of an amount which is payable partly in respect of entitlement to participate in gambling and partly in respect of another matter; and that provision may, in particular—

(a)provide for apportionment by a specified person;

(b)provide for apportionment in accordance with a specified formula or principle;

(c)refer to the concept of reasonableness.

345Forfeiture

(1)A court by or before which a person is convicted of an offence under this Act may make an order for the forfeiture of an article that appears to the court to relate to the offence.

(2)A forfeiture order—

(a)may include such provision about the treatment of the article forfeited as the court thinks appropriate, and

(b)subject to any provision made under paragraph (a), shall be treated as requiring any person in possession of the article to surrender it to a constable as soon as is reasonably practicable.

(3)Where—

(a)a court proposes to make a forfeiture order in respect of an article, and

(b)a person notifies the court that he has an interest in the article,

the court may not make the order without first giving the person an opportunity to make representations.

(4)The court which made a forfeiture order may order that the forfeited article be given up to a person who claims to have an interest in it.

(5)A person commits an offence if he fails to—

(a)comply with a forfeiture order, or

(b)co-operate with a step taken for the purpose of giving effect to a forfeiture order.

(6)A person guilty of an offence under subsection (5) shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks,

(b)a fine not exceeding level 5 on the standard scale, or

(c)both.

(7)In the application of subsection (6) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

346Prosecution by licensing authority

(1)A licensing authority may institute criminal proceedings in respect of an offence under any of the following provisions of this Act—

(a)section 37,

(b)section 185,

(c)section 186,

(d)section 229,

(e)section 242,

(f)section 258,

(g)section 259,

(h)section 260,

(i)section 261,

(j)section 262,

(k)section 326,

(l)section 342,

(m)paragraph 20 of Schedule 10,

(n)paragraph 10 of Schedule 13, and

(o)paragraph 20 of Schedule 14.

(2)This section is without prejudice to section 222 of the Local Government Act 1972 (c. 70) (power of local authorities to prosecute or defend legal proceedings).

(3)This section shall not apply to an authority in Scotland.

347Prosecution: time limit

(1)A magistrates' court may try an information for an offence under this Act provided that the information was laid within the period of twelve months beginning with the date (or last date) on which the offence is alleged to have been committed.

(2)Section 127(1) of the Magistrates' Courts Act 1980 (c. 43) shall not apply to an offence under this Act.

348Excluded premises

(1)This Act shall have no effect in relation to anything done on, or in relation to any use of, premises of a kind specified for the purposes of this subsection by order of the Secretary of State.

(2)This Act shall have no effect in relation to anything done on, or in relation to any use of, premises certified for the purposes of this subsection, on grounds relating to national security, by the Secretary of State or the Attorney General.

349Three-year licensing policy

(1)A licensing authority shall before each successive period of three years—

(a)prepare a statement of the principles that they propose to apply in exercising their functions under this Act during that period, and

(b)publish the statement.

(2)A licensing authority shall—

(a)review their statement under this section from time to time,

(b)if they think it necessary in the light of a review, revise the statement, and

(c)publish any revision before giving it effect.

(3)In preparing a statement or revision under this section a licensing authority shall consult—

(a)either—

(i)in England and Wales, the chief officer of police for the authority’s area, or

(ii)in Scotland, the chief constable of the police force maintained for the police area comprising that area,

(b)one or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authority’s area, and

(c)one or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authority’s functions under this Act.

(4)The Secretary of State may make regulations about—

(a)the form of statements under this section;

(b)the procedure to be followed in relation to the preparation, review or revision of statements under this section;

(c)the publication of statements under this section.

(5)In relation to statements prepared under this section by licensing authorities in Scotland, subsection (4) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.

(6)The Secretary of State shall by order appoint a day as the first day of the first period of three years for the purpose of this section.

(7)Where a licensing authority is specified in an order under section 175 they shall ensure that their statement under this section includes the principles that they propose to apply in making determinations under paragraph 5 of Schedule 9.

350Exchange of information

(1)A person or body listed in Part 1 of Schedule 6 may provide information to any other person or body so listed for use in the exercise of a function under this Act.

(2)A person or body listed in Part 1 of Schedule 6 may provide information obtained in the course of the exercise of a function under this Act to Her Majesty’s Commissioners of Customs and Excise for use in the exercise of any function.

(3)Provision of information in reliance on this section may be subject to conditions (whether as to use, storage, disposal or otherwise).

351Power to amend Schedule 6

(1)The Secretary of State may by order amend Schedule 6 so as to—

(a)add an entry to a list (in Part 1, 2 or 3);

(b)remove an entry from a list (in Part 1, 2 or 3);

(c)move an entry from one list to another;

(d)add, remove or vary a Note.

(2)In particular, a Note relating to an entry for a person or body situated outside the United Kingdom may provide that the entry has effect only in relation to the law of a Part of the United Kingdom.

(3)An entry added to a list in Schedule 6 may specify a person or body or a class or description of persons or bodies.

(4)The power to add, remove or vary a Note may be exercised generally or in relation to a specified person or body or class or description of persons or bodies.

352Data protection

Nothing in this Act authorises a disclosure which contravenes the Data Protection Act 1998 (c. 29).

General

353Interpretation

(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 application

(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 Her Majesty’s naval forces, military forces or air forces (within the meaning given by section 225(1) of the Army Act 1955 (c. 18)).

(3)Section 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).

355Regulations, orders and rules

(1)Regulations or rules under this Act, or an order of the Secretary of State 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 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.

(9)Regulations under a provision specified in subsection (4) or under section 285 shall not be made by the Scottish Ministers unless a draft has been laid before and approved by resolution of the Scottish Parliament.

(10)Regulations made by the Scottish Ministers under any other provision of this Act shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

356Amendments and repeals

(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).

357Money

(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.

358Commencement

(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 limitations

(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 limitations

(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).

361Extent

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

(a)section 43,

(b)section 331, 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.

362Short title

This Act may be cited as the Gambling Act 2005.