Gambling Act 2005

46 Invitation to gamble E+W+S

(1) A person commits an offence if he invites, causes or permits a child or young person to gamble.

(2) But subsection (1) does not apply in relation to—

(a) participation in private or non-commercial gaming,

(b) participation in private or non-commercial betting,

(c) participation in a lottery,

(d) participation in football pools,

(e) the use of a Category D gaming machine,

(f) participation in equal chance gaming in accordance with a prize gaming permit,

(g) participation in equal chance gaming at a licensed family entertainment centre,

(h) participation in prize gaming at a non-licensed family entertainment centre, or

(i) participation in prize gaming at a travelling fair in accordance with section 292.

(3) In subsection (1) a reference to inviting a child or young person to gamble includes, in particular, a reference to intentionally—

(a) sending to a child or young person any document which advertises gambling, or

(b) bringing to the attention of a child or young person information about gambling with a view to encouraging the child or young person to gamble.

(4) If a document which is sent to a child or young person and which advertises gambling gives the name or contact details of a person to whom payment may be made or from whom information may be obtained, that person shall be treated as having committed the offence under subsection (1) unless he proves that the document was sent—

(a) without his consent, and

(b) without his authority.

(5) If information about gambling is brought to the attention of a child or young person and includes the name or contact details of a person to whom payment may be made or from whom information may be obtained, that person (“the advertiser”) shall be treated as having committed the offence under subsection (1) unless he proves that the information was brought to the attention of the child or young person—

(a) without the advertiser's consent or authority, or

(b) as an incident of the information being brought to the attention of adults and without a view to encouraging the child or young person to gamble.

(6) In subsections (4) and (5) “contact details” means—

(a) an address or other location,

(b) a telephone number,

(c) an internet site, or

(d) an email address.

Commencement Information

I1 S. 46 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.)