Gambling Act 2005

36 Territorial application E+W+S

(1) For the purposes of section 33 it is immaterial whether facilities are provided—

(a) wholly or partly by means of remote communication;

(b) subject to subsections (2) and (3), inside the United Kingdom, outside the United Kingdom, or partly inside and partly outside.

(2) Section 33 applies to the provision of facilities for non-remote gambling only if anything done in the course of the provision of the facilities is done in Great Britain.

[F1 (3) Section 33 applies to the provision of facilities for remote gambling only if at least one piece of remote gambling equipment used in the provision of the facilities is situated in Great Britain (but whether or not the facilities are provided for use wholly or partly in the United Kingdom).]

[F1 (3) Section 33 applies to the provision of facilities for remote gambling only if—

(a) at least one piece of remote gambling equipment used in the provision of the facilities is situated in Great Britain, or

(b) no such equipment is situated in Great Britain but the facilities are used there.

(3A) In a case within subsection (3)(b), the person providing the facilities commits an offence under section 33 only if the person knows or should know that the facilities are being used, or are likely to be used, in Great Britain.]

(4) In this Act “remote gambling equipment” means, subject to subsection (5), electronic or other equipment used by or on behalf of a person providing facilities for remote gambling—

(a) to store information relating to a person's participation in the gambling,

(b) to present, to persons who are participating or may participate in the gambling, a virtual game, virtual race or other virtual event or process by reference to which the gambling is conducted,

(c) to determine all or part of a result or of the effect of a result, or

(d) to store information relating to a result.

(5) In this Act “remote gambling equipment” does not include equipment which—

(a) is used by a person to take advantage of remote gambling facilities provided by another person, and

(b) is not provided by that other person.

Textual Amendments

F1 S. 36(3)(3A) substituted for s. 36(3) (1.11.2014 for specified purposes) by Gambling (Licensing and Advertising) Act 2014 (c. 17), ss. 1(2), 6(5); S.I. 2014/2444, art. 2(a) (as amended (29.9.2014) by S.I. 2014/2646, art. 2)

Commencement Information

I1 S. 36 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.)