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Gambling Act 2005

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Introduction

Introductory Text

CONTENTS |

Part 1—Interpretation of Key Concepts
- Principal concepts
- 1The licensing objectives
- 2Licensing authorities
- 3Gambling
- 4Remote gambling
- 5Facilities for gambling
- Gaming
- 6Gaming & game of chance
- 7Casino
- 8Equal chance gaming
- Betting
- 9Betting: general
- 10Spread bets, &c.
- 11Betting: prize competitions
- 12Pool betting
- 13Betting intermediary
- Lottery
- 14Lottery
- 15National Lottery
- Cross-category activities
- 16Betting and gaming
- 17Lotteries and gaming
- 18Lotteries and betting
- Miscellaneous
- 19Non-commercial society
Part 2—The Gambling Commission
Part 3—General offences
- Provision of facilities for gambling
- 33Provision of facilities for gambling
- 34Exception: lotteries
- 35Exception: gaming machines
- 36Territorial application
- Use of premises
- 37Use of premises
- 38Power to amend section 37
- 39Exception: occasional use notice
- 40Exception: football pools
- Miscellaneous offences
- 41Gambling software
- 42Cheating
- 43Chain-gift schemes
- 44Provision of unlawful facilities abroad
Part 4—Protection of children and young persons
Part 5—Operating Licences
Part 6—Personal Licences
Part 7—Operating and Personal Licences: Appeals
Part 8—Premises Licences
- The licence
- 150Nature of licence
- 151Form of licence
- 152Combined licence, &c.
- Licensing authorities' functions
- 153Principles to be applied
- 154Delegation of licensing authority functions: England and Wales
- 155Delegation of functions under Part 8: Scotland
- 156Register
- Other relevant persons
- 157Responsible authorities
- 158Interested party
- Application for licence
- 159Making of application
- 160Notice of application
- 161Representations
- Determination of application
- 162Requirement for hearing
- 163Determination of application
- 164Grant of application
- 165Rejection of application
- 166Resolution not to issue casino licences
- Conditions
- 167Mandatory conditions
- 168Default conditions
- 169Conditions imposed or excluded by licensing authority
- 170Membership
- 171Stakes, &c.
- Specific cases
- 172Gaming machines
- 173Virtual gaming
- 174Casino premises licence
- 175Casino premises licence: overall limits
- 176Casino premises licence: access by children
- 177Credit
- 178Door supervision
- 179Pool betting on track
- 180Pool betting on dog races
- 181Betting machines
- 182Exclusion of children from track areas
- 183Christmas Day
- Maintenance
- 184Annual fee
- 185Availability of licence
- 186Change of circumstance
- 187Application to vary licence
- 188Transfer
- 189Transfer: supplemental
- 190Copy of licence
- Duration
- 191Initial duration
- 192Surrender
- 193Revocation for failure to pay fee
- 194Lapse
- 195Reinstatement
- 196Reinstatement: supplemental
- Review
- 197Application for review
- 198Rejection of application
- 199Grant of application
- 200Initiation of review by licensing authority
- 201Review
- 202Action following review
- 203Determination
- Provisional statement
- 204Application
- 205Effect
- Appeals
- 206Rights of appeal
- 207Process
- 208Stay pending appeal
- 209Further appeal
- General
- 210Planning permission
- 211Vehicles and vessels
- 212Fees
- 213Interpretation
Part 9—Temporary Use of Premises
Part 10—Gaming Machines
Part 11—Lotteries
Part 12—Clubs, pubs, fairs, &c.
- Clubs
- 266Members' club
- 267Commercial club
- 268Miners' welfare institute
- 269Exempt gaming
- 270Section 269: supplementary
- 271Club gaming permit
- 272Section 271: supplementary
- 273Club machine permit
- 274Procedure, &c.
- 275Bingo
- 276Interpretation
- Pubs, &c.
- 277Alcohol licence
- 278Application of sections 279 to 284
- 279Exempt gaming
- 280Section 279: supplementary
- 281Bingo
- 282Gaming machines: automatic entitlement
- 283Licensed premises gaming machine permits
- 284Removal of exemption
- Clubs, pubs &c: special provision for Scotland
- 285Permits
- Fairs
- 286Interpretation: travelling fair
- 287Gaming machines
Part 13—Prize Gaming
Part 14—Private and Non-Commercial Gaming and Betting
- Private gaming and betting
- 295Interpretation
- 296Exceptions to offences
- Non-commercial gaming and betting
- 297Interpretation
- 298Exceptions to offences
- 299Conditions for non-commercial prize gaming
- 300Conditions for non-commercial equal-chance gaming
- 301Misusing profits of non-commercial prize gaming
- 302Non-commercial betting
Part 15—Inspection
Part 16—Advertising
Part 17—Legality and Enforceability of Gambling Contracts
Part 18—Miscellaneous and General
SCHEDULE 1—Betting: Prize Competitions: Definition of Payment to Enter
- Introduction
- 1This Schedule makes provision about the circumstances in which a...
- Meaning of payment
- 2For the purposes of section 11 and this Schedule a...
- 3It is immaterial for the purposes of section 11 and...
- 4It is also immaterial for the purposes of section 11...
- Stamps, telephone calls, &c.
- 5(1) For the purposes of section 11 and this Schedule...
- Payment to discover whether prize won
- 6For the purposes of section 11 and this Schedule a...
- Payment to claim prize
- 7For the purposes of section 11 and this Schedule a...
- Choice of free entry
- 8(1) For the purposes of section 11 and this Schedule...
- Power to make regulations
- 9The Secretary of State may make regulations providing that an...
SCHEDULE 2—Lotteries: Definition of Payment to Enter
- Introduction
- 1This Schedule makes provision about the circumstances in which an...
- Meaning of payment
- 2For the purposes of section 14 and this Schedule a...
- 3It is immaterial for the purposes of section 14 and...
- 4It is also immaterial for the purposes of section 14...
- Stamps, telephone calls, &c.
- 5(1) For the purposes of section 14 and this Schedule...
- Payment to discover whether prize won
- 6For the purposes of section 14 and this Schedule a...
- Payment to claim prize
- 7For the purposes of section 14 and this Schedule a...
- Choice of free entry
- 8(1) For the purposes of section 14 and this Schedule...
- Power to make regulations
- 9Regulations under section 14(7) may, in particular, provide that an...
SCHEDULE 3—Amendment of National Lottery etc. Act 1993 (c. 39)
- Annual levy
- 1After section 10B of the National Lottery etc. Act 1993...
- Consultation with Gambling Commission
- 2. . . . . . . . . ....
- Definition of “lottery”
- 3In section 20 of the National Lottery etc. Act 1993...
SCHEDULE 4—The Gambling Commission
SCHEDULE 5—Transfer from Gaming Board to Gambling Commission: Supplementary Provision
SCHEDULE 6—Exchange of Information: Persons and Bodies
SCHEDULE 7—Relevant Offences
- Part 1—The Offences
- Part 2—Power to Amend Part 1
  - 23The Secretary of State may by order amend Part 1...
SCHEDULE 8—Gambling Appeals Tribunal
- President, deputy and members
- 1Gambling Appeals Tribunal
- 2Gambling Appeals Tribunal
- Tenure
- 3Gambling Appeals Tribunal
- Staff
- 4Gambling Appeals Tribunal
- Money
- 5Gambling Appeals Tribunal
- 6Gambling Appeals Tribunal
- 7Gambling Appeals Tribunal
- 8Gambling Appeals Tribunal
- Sittings
- 9Gambling Appeals Tribunal
- 10Gambling Appeals Tribunal
- 11Gambling Appeals Tribunal
- Procedure
- 12Gambling Appeals Tribunal
- 13Gambling Appeals Tribunal
- 14Gambling Appeals Tribunal
- Council on Tribunals
- 15Gambling Appeals Tribunal
- Disqualification, &c.
- 16Gambling Appeals Tribunal
- 17Gambling Appeals Tribunal
SCHEDULE 9—Applications for Casino Premises Licences
SCHEDULE 10—Family Entertainment Centre Gaming Machine Permits
SCHEDULE 11—Exempt Lotteries
- Part 1—Incidental Non-commercial Lotteries
  - The exemption
  - 1(1) A lottery is exempt if— (a) it is incidental...
  - 2Exempt Lotteries
  - Deductions from proceeds
  - 3The promoters of an incidental non-commercial lottery may not deduct...
  - 4The promoters of an incidental non-commercial lottery may not deduct...
  - Purpose of lottery
  - 5An incidental non-commercial lottery must be promoted wholly for a...
  - No rollover
  - 6The arrangements for an incidental non-commercial lottery must not include...
  - Connection between lottery and event
  - 7(1) No lottery ticket for an incidental non-commercial lottery may...
  - Interpretation: “prescribed”
  - 8In this Part “prescribed” means prescribed by the Secretary of...
- Part 2—Private Lotteries
  - The exemption
  - 9(1) A lottery is exempt if— (a) it is a...
  - Private society lottery
  - 10(1) A lottery is a private society lottery if—
  - Work lottery
  - 11(1) A lottery is a work lottery if—
  - Residents' lottery
  - 12(1) A lottery is a residents' lottery if—
  - Purpose of lottery
  - 13(1) A private society lottery may be promoted for any...
  - Advertising
  - 14(1) No advertisement for a private society lottery may be—...
  - Lottery tickets
  - 15Each ticket in a private lottery must be a document...
  - 16(1) A ticket in a private lottery may be sold...
  - 17Exempt Lotteries
  - Price
  - 18The price payable for each ticket in a private lottery—...
  - No rollover
  - 19The arrangements for a private lottery must not include a...
- Part 3—Customer lottery
  - The exemption
  - 20(1) A lottery is exempt if— (a) it is promoted...
  - No profits
  - 21A customer lottery must be organised in such a way...
  - Advertising
  - 22No advertisement for a customer lottery may be—
  - Lottery tickets
  - 23Each ticket in a customer lottery must be a document...
  - 24(1) A ticket in a customer lottery may be sold...
  - 25Each ticket in a customer lottery— (a) must state the...
  - Price
  - 26The price payable for each ticket in a customer lottery—...
  - Maximum prize
  - 27It must not be possible for the purchaser of a...
  - No rollover
  - 28The arrangements for a customer lottery must not include a...
  - Frequency
  - 29A draw in a customer lottery must not take place...
- Part 4—Small Society Lotteries
  - The exemption
  - 30(1) A lottery is exempt if— (a) it is promoted...
  - 31(1) For the purposes of this Part a society lottery...
  - Purpose of lottery
  - 32A small society lottery may be promoted for any of...
  - Minimum distribution for fund-raising purpose
  - 33The arrangements for a small society lottery must ensure that...
  - Maximum prize
  - 34It must not be possible for the purchaser of a...
  - Rollover
  - 35(1) The arrangements for a small society lottery may include...
  - Tickets
  - 36(1) Where a person purchases a lottery ticket in a...
  - Price
  - 37(1) The price payable for each ticket in a small...
  - Registration
  - 38The promoting society of a small society lottery must, throughout...
  - Filing of records
  - 39(1) The promoting society of a small society lottery must...
  - 40(1) If after receiving a statement under paragraph 39 a...
- Part 5—Registration With Local Authority
  - Local authority
  - 41In this Part “local authority” means— (a) in relation to...
  - Application
  - 42(1) A society may apply to the relevant local authority...
  - 43In relation to the registration of a society, the relevant...
  - Registration
  - 44As soon as is reasonably practicable after receipt of an...
  - Gambling Commission
  - 45As soon as is reasonably practicable after receipt of notice...
  - 46(1) A notice under paragraph 44(c) must be accompanied by...
  - Refusal of registration
  - 47A local authority shall refuse an application for registration if...
  - 48A local authority may refuse an application for registration if...
  - 49A local authority may not refuse an application for registration...
  - Revocation
  - 50(1) A local authority may revoke a registration under this...
  - Appeal
  - 51(1) If a local authority refuse or revoke registration under...
  - Cancellation
  - 52A registered society may apply in writing to the registering...
  - 53As soon as is reasonably practicable after receipt of an...
  - Annual fee
  - 54(1) A registered society shall pay an annual fee to...
  - Retention of records
  - 55(1) Where a statement is sent to a local authority...
  - Interpretation: “prescribed”
  - 56In this Part “prescribed” means prescribed by the Secretary of...
- Part 6—Powers to Impose Additional Restrictions, &c.
  - Distributing lottery tickets by post
  - 57(1) The Secretary of State may by regulations impose a...
  - Rollover
  - 58(1) The Secretary of State may by regulations impose in...
  - Other additional provision
  - 59(1) The Secretary of State may by order impose in...
  - Variation of monetary limits and percentages
  - 60The Secretary of State may by order vary a monetary...
- Part 7—General
  - Interpretation: advertisement
  - 61For the purposes of this Schedule— (a) “advertisement”, in relation...
  - Interpretation: business
  - 62In this Schedule “business” includes trade and profession.
  - Vessels
  - 63Nothing in Part 2 or 3 of this Schedule applies...
SCHEDULE 12—Club Gaming Permits and Club Machine Permits
SCHEDULE 13—Licensed Premises Gaming Machine Permits
SCHEDULE 14—Prize Gaming Permits
SCHEDULE 15—Private Gaming and Betting
- Part 1—Gaming
  - Introduction
  - 1Gaming is private if it satisfies the conditions specified in...
  - 2(1) For the purposes of this Part of this Schedule...
  - No charge for participation
  - 3(1) It is a condition of private gaming that no...
  - Equal chance gaming
  - 4(1) It is a condition of private gaming that it...
  - Privacy
  - 5It is a condition of private gaming that it does...
- Part 2—Betting
  - Introduction
  - 6Betting is private betting if it is—
  - Domestic betting
  - 7(1) A betting transaction is domestic betting if made on...
  - Workers' betting
  - 8A betting transaction is workers' betting if made between persons...
SCHEDULE 16—Minor and Consequential Amendments
- Part 1—Minor Amendments
  - Metropolitan Police Act 1839 (c. 47)
  - 1In section 44 of the Metropolitan Police Act 1839 (refreshment...
  - Libraries Offences Act 1898 (c. 53)
  - 2Section 2(3) of the Libraries Offences Act 1898 (offence of...
  - Gaming Act 1968 (c. 65)
  - 3(1) The Gaming Act 1968 shall be amended as follows....
  - Chronically Sick and Disabled Persons Act 1970 (c. 44)
  - 4Section 8B(2)(c) of the Chronically Sick and Disabled Persons Act...
- Part 2—Consequential Amendments
  - Parliamentary Commissioner Act 1967 (c. 13)
  - 5In Schedule 2 to the Parliamentary Commissioner Act 1967 (bodies...
  - Superannuation Act 1972 (c. 11)
  - 6In Schedule 1 to the Superannuation Act 1972 (employment to...
  - House of Commons Disqualification Act 1975 (c. 24)
  - 7In Part II of Schedule 1 to the House of...
  - Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
  - 8In section 20(9) of the Local Government (Miscellaneous Provisions) Act...
  - Race Relations Act 1976 (c. 74)
  - 9In Schedule 1A to the Race Relations Act 1976 (bodies...
  - London Local Authorities Act 1995 (c. x)
  - 10In section 14 of the London Local Authorities Act 1995...
  - Employment Rights Act 1996 (c. 18)
  - 11For section 233 of the Employment Rights Act 1996 (betting...
  - Police Act 1997 (c. 50)
  - 12In section 115 of the Police Act 1997 (enhanced criminal...
  - Terrorism Act 2000 (c. 11)
  - 13In paragraph 4 of Schedule 3A to the Terrorism Act...
  - ...
  - 14In paragraph 20A of Schedule 1 to the Regulation of...
  - Postal Services Act 2000 (c. 26)
  - 15In section 7 of the Postal Services Act 2000 (exceptions...
  - Freedom of Information Act 2000 (c. 36)
  - 16In Part 6 of Schedule 1 to the Freedom of...
  - Private Security Industry Act 2001 (c. 12)
  - 17For paragraph 8(3)(e) of Schedule 2 to the Private Security...
  - Criminal Justice and Police Act 2001 (c. 16)
  - 18(1) In Schedule 1 of the Criminal Justice and Police...
  - Proceeds of Crime Act 2002 (c. 29)
  - 19In Part 2 of Schedule 9 to the Proceeds of...
  - Licensing Act 2003 (c. 17)
  - 20(1) The Licensing Act 2003 shall be amended as follows....
  - Note
  - 21The amendments made by this Schedule are without prejudice to...
SCHEDULE 17—Repeals
SCHEDULE 18—Transitional
- Part 1—Transitional Continuation of Old Licences, &c.
  - Introduction
  - 1(1) In this Part a reference to a commencement order...
  - Transitional continuation of licences, &c.
  - 2A commencement order may— (a) provide for a licence or...
  - Transitional protection for casinos below minimum licensable size
  - 3A commencement order may— (a) disapply section 174(1) in respect...
  - References to procedures under this Act
  - 4A commencement order may include provision for a reference in...
- Part 2—Advance and Interim Applications, and Conversion
  - Advance applications
  - 5In this Schedule a reference to an advance application for...
  - 6The Secretary of State may by order—
  - 7An order under paragraph 6— (a) may make provision about...
  - Interim applications
  - 8The Secretary of State may by order make provision for...
  - Conversion of existing licences, &c.
  - 9The Secretary of State may by order—
  - 10An order under paragraph 9 may provide for conversion of...
  - Orders: general
  - 11An order under this Part— (a) may include provision modifying...

Prepared for Unknown User by ICLR

Changes to legislation: There are currently no known outstanding effects for Gambling Act 2005.

2005 c. 19

An Act to make provision about gambling.

[7th April 2005]

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