Gambling Act 2005

338 Interim moratorium E+W+S

(1) Where the Commission has reason to suspect that it may wish to make an order under section 336(1) in relation to a bet, the Commission may make an order under this subsection in relation to the bet.

(2) While an order under subsection (1) has effect in relation to a bet, an obligation to pay money in relation to the bet (whether by way of stake, winnings, commission or otherwise) shall have no effect.

(3) An order under subsection (1) shall have effect for the period of 14 days beginning with the day on which the order is made (subject to extension under subsection (4) and without prejudice to the making of a new order).

(4) The Commission may by order extend the period for which an order under subsection (1) has effect; and—

(a) an order under this subsection may extend that period by the addition of not more than 14 days, and

(b) more than one order may be made under this subsection in relation to a bet.

(5) The Commission may cancel an order under subsection (1) (without prejudice to the making of a new order).

(6) The Commission shall cancel an order under subsection (1) as soon as is reasonably practicable after it ceases to entertain the suspicion mentioned in that subsection.

(7) The Commission shall not be liable to make any payment on account only of the fact that it—

(a) has made an order under subsection (1), and

(b) not made a subsequent order under section 336(1).

(8) But subsection (7) is without prejudice to any power of a court in legal proceedings (whether for tort or otherwise).

Modifications etc. (not altering text)

C1 Ss. 336-338 modified (1.9.2007) by Gambling Act 2005 (Horserace Totalisator Board) Order 2007 (S.I. 2007/2102), arts. 1, 5

Commencement Information

I1 S. 338 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.)