236Gaming machines: Categories A to D
(1)The Secretary of State shall make regulations defining four classes of gaming machine for the purposes of this Act (to be known as Categories A, B, C, and D).
(2)Regulations under subsection (1) shall—
(a)divide Category B into sub-categories, and
(b)make provision for determining to which sub-category (or sub-categories) of Category B a reference in this Act to Category B shall be treated as referring.
(3)Regulations under subsection (1) shall operate by reference to the nature of the facilities for gambling provided by the machine.
(4)Regulations under subsection (1) may, in particular, make provision by reference to—
(a)amounts paid in respect of the use of a machine;
(b)the value of prizes;
(c)the nature of prizes;
(d)the nature of the gambling for which the machine can be used;
(e)the premises where a machine is used.
(5)Regulations under subsection (1) may identify matters (whether or not addressed by other provisions of the regulations) as to which a condition may not be attached to an operating licence or to a premises licence.
(6)In accordance with regulations under subsection (1) a machine may change category as a result of a change of the mechanism, or the loading or removal of software, which alters the nature of the facilities for gambling provided by the machine.