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Betting and Gaming Duties Act 1981
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- UK Public General Acts
- 1981 c. 63
- SCHEDULE 4
- Part II
- Enforcement
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Version Superseded: 08/11/2007
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Point in time view as at 25/07/2002.
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There are currently no known outstanding effects for the Betting and Gaming Duties Act 1981, Cross Heading: Enforcement.
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EnforcementU.K.
16(1)If any person contravenes or fails to comply with any provision of this Part of this Schedule or regulations, or fails or refuses to comply with any requirement lawfully made of him under this Part of this Schedule or regulations, [F1his contravention, failure to comply or refusal shall attract a penalty under section 9 of the Finance Act 1994 (civil penalties).]U.K.
[F2(1A)This paragraph does not apply to any contravention or failure to comply with arrangements under paragraph 7A above or to any failure or refusal to comply with a requirement made under or for the purposes of any such arrangements.]
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Sch. 4 Pt. II para. 16(1) substituted (1.1.1995) by 1994 c. 9, s. 9, Sch. 4 Pt. V para. 65(1) (with s. 19(3)); S.I. 1994/2679, art. 3.
F2Sch. 4 Pt. II para 16(1A) inserted (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(9).
F3Sch. 4 Pt. II para. 16(2) repealed (1.1.1995) by 1994 c. 9, ss. 9, 258, Sch. 4 Pt. V para. 65(2), Sch. 26 Pt. III Note (with s. 19(3)); S.I. 1994/2679, art. 3.
17(1)If a justice of the peace or, in Scotland, a justice (within the meaning of section 462 of the M1Criminal Procedure (Scotland) Act) is satisfied on information on oath that there is reasonable ground for suspecting that [F4amusement machines] are or have been, or are to be, provided [F5for play] on any premises in contravention of [F6section 21(1) or 24] of this Act, he may issue a warrant in writing authorising an officer to enter the premises (if necessary by force) at any time within [F7one month] of the issue of the warrant and search them.
(2)An officer who enters premises under the authority of such a warrant may—
(a)seize and remove any records, accounts or other documents, or any [F8amusement machine][F9(including any machine appearing to the officer to be an amusement machine or to be capable of being used as such)], or any tokens or other thing whatsoever, found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under section 24 of this Act or paragraph 16 above;
(b)search any person found on the premises whom he has reasonable cause to believe to be or have been concerned with the provision of gaming machines on the premises, or with the management of the premises, or to be or have been responsible for controlling the admission of persons to the premises.
Textual Amendments
F4Words in Sch. 4 para. 17(1) substituted for “gaming machines” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).
F5Words in Sch. 4 Pt. II para. 17(1) substituted for “for gaming” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(10)(a).
F6Words substituted by Finance Act 1984 (c. 43, SIF 12:2), s. 7, Sch. 3 Pt. I para. 7(12)
F7Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 6 Pt. II para. 39(d)
F8Words in Sch. 4 para. 17(2)(a) substituted for “gaming machine” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).
F9Words in Sch. 4 Pt. II para. 17(2)(a) substituted (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(10)(b).
Modifications etc. (not altering text)
C1Sch. 4 para. 17(2) powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. I para. 29; S.I. 2003/708, art. 2(a)(j)
C2Power(s) of seizure extended (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 29; S.I. 2003/708, art. 2(a)(c)(j)
Marginal Citations
M11975 c. 21(39:1).
18U.K.Where an officer finds [F10amusement machines] provided on any premises in such circumstances that [F11an][F12amusement machine] licence is required so as to authorise them so to be provided and [F13the officer is satisfied, having regard to the number and description of— [F14those machines which are authorised by the [F12amusement machine] licence or licences produced to him]that there has been a contravention of section 21(1) or 24 of this Act,] all gaming machines found on the premises shall be liable to forfeiture.
Textual Amendments
F10Words in Sch. 4 para. 18 substituted (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).
F11Word in Sch. 4 para. 18 substituted for “a” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(b)
F12Words in Sch. 4 para. 18 substituted for “gaming machine” (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 11(1)(a).
F13Words substituted by Finance Act 1984 (c. 43, SIF 12:2), s. 7, Sch. 3 para. 7(13)
F14Words in Sch. 4 para. 18 substituted for Sch. 4 para. 18(a)(b) (1.5.1995) by 1994 c. 9, s. 6, Sch. 3 para. 3(9)(11).
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