Part 18Miscellaneous and General

General

I1353Interpretation

1

In this Act, except where the context otherwise requires—

  • “adult” means an individual who is not a child or young person,

  • “adult gaming centre” has the meaning given by section 237,

  • “alcohol licence” has the meaning given by section 277,

  • “authorised local authority officer” has the meaning given by section 304,

  • “authorised person” has the meaning given by that section,

  • “betting” has the meaning given by sections 9 to 11, 37 and 150,

  • “betting intermediary” has the meaning given by section 13,

  • “bingo” means any version of that game, irrespective of by what name it is described,

  • “casino” has the meaning given by section 7,

  • “casino game” has the meaning given by that section,

  • “Category A gaming machine” (or B, C or D) means a gaming machine falling within Category A (or B, C or D) as prescribed under section 236,

  • “chief constables of police forces” has the same meaning in relation to England and Wales as in the Police Act 1996 (c. 16),

  • “child” has the meaning given by section 45,

  • “club gaming permit” has the meaning given by section 271,

  • “club machine permit” has the meaning given by section 273,

  • “commercial club” has the meaning given by section 267,

  • “the Commission” means the Gambling Commission,

  • F1“director”—

    1. a

      has the meaning given by section 250 of the Companies Act 2006, and

    2. b

      includes a shadow director within the meaning of section 251 of that Act,

  • “dog track” means premises which are designed, used or adapted for use for dog-racing,

  • “draw”, in relation to a lottery, has the meaning given by section 255,

  • F2...

  • “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,

  • “enforcement officer” means a person designated or appointed as an enforcement officer under section 303,

  • “equal chance gaming” has the meaning given by section 8,

  • “exempt lottery” has the meaning given by section 258,

  • “external lottery manager” has the meaning given by section 257,

  • “fair” has the meaning given by section 286,

  • “family entertainment centre” has the meaning given by section 238,

  • “family entertainment centre gaming machine permit” has the meaning given by section 247,

  • “football pools” means an arrangement whereby—

    1. a

      people compete for prizes by forecasting the results of association football games, and

    2. b

      each entry to the competition must forecast the results of at least four games,

  • “gambling” has the meaning given by section 3,

  • “gambling software” has the meaning given by section 41,

  • “game of chance” has the meaning given by section 6,

  • “gaming” has the meaning given by that section,

  • “gaming machine” has the meaning given by section 235,

  • “horse-race course” means premises which are designed, used or adapted for use for horse-racing,

  • “horse-race pool betting” has the meaning given by section 12,

  • “large casino” has the meaning given by regulations under section 7(5),

  • “licensed family entertainment centre” has the meaning given by section 238,

  • “licensed premises gaming machine permit” has the meaning given by section 283,

  • “the licensing objectives” has the meaning given by section 1,

  • “licensing authority” has the meaning given by section 2,

  • “lottery” has the meaning given by section 14 (and section 256),

  • “lottery manager's operating licence” has the meaning given by section 98,

  • “lottery ticket” has the meaning given by section 253,

  • “machine” has the meaning given by section 235(3)(a),

  • “members' club” has the meaning given by section 266,

  • “miners' welfare institute” has the meaning given by section 268,

  • “the National Lottery” has the meaning given by section 1 of the National Lottery etc. Act 1993 (c. 39)),

  • “non-commercial betting” has the meaning given by section 302,

  • “non-commercial gaming” has the meaning given by section 297,

  • “non-commercial society” has the meaning given by section 19,

  • “occasional use notice” means a notice given under section 39,

  • “operating licence” means a licence issued under Part 5,

  • “on-premises alcohol licence” has the meaning given by section 277,

  • “participant”, in relation to a game of chance, includes a person who discharges an administrative or other function in relation to the game,

  • “participation fee” has the meaning given by section 344,

  • “passenger vessel” means a vessel which is carrying or expected to carry at least one passenger,

  • “personal licence” means a licence issued under Part 6,

  • “pool betting” has the meaning given by section 12,

  • “premises” includes any place and, in particular—

    1. a

      a vessel, and

    2. b

      a vehicle,

  • “premises licence” means a licence issued under Part 8,

  • “private betting” has the meaning given by section 295 and Part 2 of Schedule 15,

  • “private gaming” has the meaning given by section 295 and Part 1 of Schedule 15,

  • “private gain” is to be construed in accordance with section 19(3),

  • “prize” in relation to gaming (except in the context of a gaming machine) has the meaning given by section 6,

  • “prize” in relation to a gaming machine has the meaning given by section 239,

  • “prize” in relation to a lottery has the meaning given by section 14,

  • “prize gaming” has the meaning given by section 288,

  • “prize gaming permit” has the meaning given by section 289,

  • “proceeds”, in relation to a lottery, has the meaning given by section 254,

  • “profits”, in relation to a lottery, has the meaning given by that section,

  • “profits”, in relation to non-commercial prize gaming, has the meaning given by section 299,

  • “racecourse” means premises on any part of which a race takes place or is intended to take place,

  • “real”, in relation to a game, event or process means non-virtual,

  • “relevant offence” has the meaning given by section 126 and Schedule 7,

  • “remote communication” has the meaning given by section 4,

  • “remote gambling” has the meaning given by that section,

  • “remote gambling equipment” has the meaning given by section 36,

  • “remote operating licence” has the meaning given by section 67,

  • “rollover”, in relation to a lottery, has the meaning given by section 256,

  • “small casino” has the meaning given by regulations under section 7(5),

  • “society” includes a branch or section of a society,

  • “stake” means an amount paid or risked in connection with gambling and which either—

    1. a

      is used in calculating the amount of the winnings or the value of the prize that the person making the stake receives if successful, or

    2. b

      is used in calculating the total amount of winnings or value of prizes in respect of the gambling in which the person making the stake participates,

  • “supply” includes—

    1. a

      sale,

    2. b

      lease, and

    3. c

      placing on premises with permission or in accordance with a contract or other arrangement,

  • “temporary use notice” has the meaning given by section 215,

  • “track” means a horse-race course, dog track or other premises on any part of which a race or other sporting event takes place or is intended to take place,

  • “travelling fair” has the meaning given by section 286,

  • “vehicle” includes—

    1. a

      a train,

    2. b

      an aircraft,

    3. c

      a seaplane, and

    4. d

      an amphibious vehicle (other than a hovercraft within the meaning of the Hovercraft Act 1968 (c. 59)),

  • “vessel” includes—

    1. a

      anything, other than a seaplane or an amphibious vehicle, designed or adapted for navigation or other use in, on or over water,

    2. b

      a hovercraft (within the meaning of the Hovercraft Act 1968), and,

    3. c

      anything, or any part of any place, situated in or on water,

  • “virtual” has the meaning given by subsection (3) below,

  • “winnings”, in relation to a bet, means anything won, whether in money or in money's worth, and

  • “young person” has the meaning given by section 45.

2

In this Act, except where the context otherwise requires—

a

a reference to accepting a bet includes a reference to negotiating a bet,

b

a reference to advertising is to be construed in accordance with section 327,

c

a reference to participating in a lottery is to be construed in accordance with section 14,

d

a reference to installing computer software includes a reference to downloading computer software,

e

a reference to paying winnings in relation to a bet includes a reference to providing a prize in money's worth,

f

a reference to postal services does not include a reference to facsimile transmission,

g

a reference to premises includes a reference to part of premises,

h

a reference to promoting a lottery is to be construed in accordance with section 252,

i

a reference to providing facilities for gambling is to be construed in accordance with section 5,

j

a reference to publication includes a reference to display, and

k

a reference to the sale, supply or purchase of a lottery ticket is to be construed in accordance with section 253.

3

For the purposes of this Act a reference to a virtual game, race or other event or process is a reference to—

a

images generated by computer so as to resemble all or part of a game, race or other event or process of a kind that is played by or involves actual people, animals or things,

b

images generated by computer so as to represent an imaginary game, race or other event or process, or

c

any game, race or other event or process the result of which is determined by computer.

4

A requirement under this Act to give a notice (or to notify) is a requirement to give notice in writing; and for that purpose—

a

a message sent by facsimile transmission or electronic mail shall be treated as a notice given in writing, and

b

a notice sent to a licensee at the address specified for that purpose in the licence shall, unless the contrary is proved, be treated as reaching him within a period within which it could reasonably be expected to reach him in the ordinary course of events.

5

A reference in this Act to an act which is authorised by a licence or other document does not include a reference to an act which would be authorised by the licence or document but for failure to comply with a term or condition.