Gaming Act 1968

From the words from the beginning of subsection (1) to the words " but for this subsection' in subsection (2) there shall be substituted the following:—

“(1)This section applies to the provision, at any entertainment to which section 43 of this Act applies, of any amusement with prizes which constitutes a lottery or gaming or both but does not constitute—

(a)gaming to which Part II of the Gaming Act 1968 applies, or

(b)gaming by means of a machine to which Part III of that Act applies.

(2)Where any such amusement constitutes a lottery, nothing in section 41 or section 42 of this Act shall apply to it.

(3)In relation to any such amusement (whether it constitutes a lottery or not).”

In subsection (1), for the words from the beginning of paragraph (a) to " (b) " there shall be substituted the words " where those amusements constitute a lottery or gaming or both but do not constitute gaming to which Part II of the Gaming Act 1968 applies or gaming by means of a machine to which Part III of that Act applies, and they are provided—

In subsection (2), for the words from the beginning of the subsection to the words " but for this subsection" there shall be substituted the following:—

“(2)Nothing in section 41 or section 42 of this Act shall apply in relation to amusements falling within subsection (1) of this section; but in relation to any such amusement”.

After subsection (3) there shall be inserted the following subsections:—

“(3A)The court by or before which the holder of a permit under this section is convicted of an offence under this section in connection with the premises to which the permit relates may, if the court thinks fit, order that the permit shall be forfeited and cancelled: and subsections (2) and (3) of section 11 of this Act shall apply to an order under this subsection as they apply to an order under subsection (1) of that section.

(3B)No permit under this section shall be granted in respect of any premises where a licence under the Gaming Act 1968 is for the time being in force in respect of them or where a club or a miners' welfare institute is for the time being registered in respect of them under Part II of that Act; and, where such a licence is granted or a club or a miners ' welfare institute is so registered in respect of any premises, and a permit under this section is then in force in respect of those premises, the permit shall thereupon cease to have effect.

(3C)The Secretary of State may by order direct that any provision of this section which is specified in the order and which specifies a sum shall have effect as if, for that sum, there were substituted such other sum as may be specified in the order.

(3D)Any power to make an order under this section shall include power to vary or revoke the order by a subsequent order, and shall be exercisable by statutory instrument; and any statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.”