The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985

Supply and maintenance of gaming machines N.I.

General restrictions N.I.

81.—(1) Except as provided by paragraphs (2) and (3), no person shall supply a gaming machine unless—

(a) he holds a gaming machine certificate or, in respect of that gaming machine, a gaming machine permit; or

(b) where he supplies the gaming machine as the servant or agent of another person, that other person is the holder of such a certificate or permit;

and any person acting in contravention of this paragraph shall be guilty of an offence.

(2) Paragraph (1) does not apply—

(a) to the supply of a gaming machine to a person buying or agreeing or proposing to buy it under a credit-sale agreement, or to the supply of a gaming machine to a person as being a person hiring or agreeing or proposing to hire under a hire-purchase agreement, where (in any such case) the person who is or is to be the seller or owner in relation to the agreement has at no time had possession of the machine and became or becomes the owner of it only for the purpose of entering into the agreement;

(b) to the supply of a gaming machine as scrap;

(c) to any transaction whereby the premises in which a gaming machine is installed are sold or let and the gaming machine is supplied to the purchaser or tenant as part of the fixtures and fittings of the premises.

(3) The Department may by order direct that paragraph (1) shall not apply to the supply of a gaming machine for use exclusively at a travelling showmen's pleasure fair or for use exclusively on premises used or to be used—

(a) wholly or mainly for the provision of amusements; or

(b) as a pleasure pier.

(4) No person shall undertake to maintain the mechanism of a gaming machine or cause or permit another person to enter into such an undertaking on his behalf unless he holds a gaming machine certificate or, in respect of that gaming machine, a gaming machine permit, and any person acting in contravention of this paragraph shall be guilty of an offence.

(5) In this Article “credit-sale agreement” means an agreement for the sale of goods under which the whole or part of the purchase price is payable by instalments, and “hire-purchase agreement” has the meaning assigned to it by section 189(1) of the [1974 c.39] Consumer Credit Act 1974.

Restrictions as to terms and conditions N.I.

82.—(1) The Department may by regulations impose such restrictions as the Department may consider necessary or expedient with respect to the terms and conditions on which gaming machines may be supplied or undertaken to be maintained.

(2) Without prejudice to any restrictions imposed by regulations under paragraph (1) but subject to paragraph (3), no person shall supply or undertake to maintain a gaming machine on terms and conditions which are in any way dependent upon, or provide for any calculation by reference to, the extent to which, or the manner in which, that gaming machine, or any other gaming machine, machine or equipment is used.

(3) Paragraph (2) shall not have effect in relation to the supply of a gaming machine for use exclusively at a travelling showmen's pleasure fair or for use exclusively on premises used or to be used as mentioned in Article 81(3), or in relation to an undertaking to maintain a gaming machine at any such pleasure fair or on any such premises.

(4) The Department may by order direct that paragraph (3) shall cease to have effect, or shall have effect subject to such exceptions as may be specified in the order.

(5) Any person who—

(a) supplies or undertakes to maintain a gaming machine in contravention of any regulations made under paragraph (1), or

(b) contravenes paragraph (2),

shall be guilty of an offence.

(6) In this Article “terms and conditions” includes any terms and conditions as to price, rent or any other payment.

Application of Articles 81 and 82 to concessionaires N.I.

83.  For the purposes of Articles 81 and 82 a person (other than a travelling showman) who, in pursuance of any concession, licence or other right granted to him, places a gaming machine, or causes a gaming machine to be placed, on premises which are not in his occupation shall be treated as supplying the gaming machine at the time when it is placed on those premises.