(1)For the purposes of this Act a person provides facilities for gambling if he—
(a)invites others to gamble in accordance with arrangements made by him,
(b)provides, operates or administers arrangements for gambling by others, or
(c)participates in the operation or administration of gambling by others.
(2)But a person does not provide facilities for gambling for the purposes of this Act by virtue only of—
(a)providing an article other than a gaming machine to a person who intends to use it, or may use it, in the course of any of the activities mentioned in subsection (1)(a) to (c),
(b)providing, otherwise than in the course of providing, operating or administering arrangements for gambling or participating in the operation or administration of gambling, an article to a person who intends to use it, or may use it, for gambling, or
(c)making facilities for remote communication available for use by—
(i)persons carrying on any of those activities, or
(ii)persons gambling in response to or in accordance with any of those activities.
(3)A person provides facilities for gambling (despite subsection (2)(c)) if—
(a)he makes facilities for remote communication available for use,
(b)the facilities are adapted or presented in such a way as to facilitate, or to draw attention to the possibility of, their use for gambling, and
(c)the nature, adaptation or presentation of the facilities is such that—
(i)they cannot reasonably be expected to be used for purposes other than gambling, or
(ii)they are intended to be used wholly or mainly for gambling.
(4)The Secretary of State may by order, for the purposes of subsection (3)(c)—
(a)provide that facilities of a specified nature, or adapted or presented in a specified way, cannot reasonably be expected to be used for purposes other than gambling;
(b)provide that facilities of a specified nature, or adapted or presented in a specified way, can reasonably be expected to be used for purposes other than gambling;
(c)specify criteria by which it is to be determined whether facilities can reasonably be expected to be used for purposes other than gambling;
(d)provide that facilities of a specified nature, or adapted or presented in a specified way, shall be taken as being intended to be used wholly or mainly for gambling;
(e)provide that facilities of a specified nature, or adapted or presented in a specified way, shall be taken as not being intended to be used wholly or mainly for gambling;
(f)specify criteria by which it is to be determined whether facilities are intended to be used wholly or mainly for gambling.
Commencement Information
I1S. 5 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)