Betting, Gaming and Lotteries Act 1963

Conduct of registered pool promoter’s business E+W+S

13 E+W+S Subject to paragraphs 14 to 19 of this Schedule, the pool betting business carried on by any registered pool promoter shall comply with the following requirements—

(a) it shall take the form of the promotion of competitions for prizes for making forecasts as to sporting or other events, the bets being entries in the competitions and the winnings in respect of the bets being the prizes or shares in the prizes;

(b) each bet shall be an entry in a particular competition;

(c) the stakes and the winnings shall be wholly in money;

(d) in each competition, the prizes shall be equally available for all the bets, and accordingly the question which bets qualify for, or for shares in, the prize or prizes and, save so far as it depends on the amounts staked, the amounts of the respective shares in the prizes, shall be determined solely by the relative success of the forecasts embodied in the respective bets;

[F1 (e) the total amount payable by way of winnings shall, in the case of each competition, be calculated in accordance with paragraph 13A of this Schedule;]

(f) the rules applying to the competition shall be notified [F2 to the Commissioners of Customs and Excise and] to the accountant before the first of the relevant sporting or other events takes place.

Textual Amendments

F1 Sch. 2 para. 13(e) substituted (14.11.1994) by 1993 c. 39, s. 58(2); S.I. 1994/2659, art.2

F2 Words inserted by Finance Act 1967 (c. 54), s. 7(8)

[F3 13A (1) In any competition the total amount payable by way of winnings shall be the aggregate of— E+W+S

(a) the total amount of the stakes in respect of entries in the competition, less the relevant percentage of that total amount; and

(b) any amount that has been duly carried over to the competition from a previous competition in accordance with any provision made under paragraph 14A of this Schedule;

less any amount that falls to be carried over from the competition in accordance with any such provision.

(2) In sub-paragraph (1) of this paragraph “relevant percentage” means such percentage as may be determined by the promoter, being—

(a) the same percentage in respect of all his competitions which depend on the same events or on events taking place on the same day; and

(b) a percentage which is determined and notified to the accountant before that day.]

Textual Amendments

F3 Sch. 2 para. 13A inserted (14.11.1994) by 1993 c. 39, s. 58(3); S.I. 1994/2659, art.2

14 [F4 (1)] Notwithstanding anything in paragraph 13(d) or (e) [F5 or 13A] of this Schedule, the rules applicable to any competition may provide— E+W+S

(a) that the winnings shall not, in the case of any bet, exceed a stated amount and that any resulting decrease in the total amount payable in the case of the winning bets qualifying for, or for shares in, a prize in the competition shall be applied in increasing the amount payable in the case of the winning bets qualifying for, or for shares in, another prize or other prizes in that competition;

(b) that, in specified circumstances, one or more of the prizes shall not be paid and that the amount which would have been payable in the case of the winning bets qualifying for, or for shares in, that prize or those prizes shall be applied in increasing the amount payable in the case of [the winning bets qualifying for, or for shares in, another prize or other prizes in that competition;

(c) for the winnings of winning bets (being bets staking the minimum permissible under the rules of the competition) being increased or decreased (with a view to facilitating payment) by not more than [F6 20 pence], and consequentially for the winnings of other winning bets (being bets staking more than the said minimum) being increased or decreased by not more than a proportionately greater sum than [F6 20 pence],

and the total amount payable by way of winnings in the case of the competition may exceed or fall short of the amount specified in the said [F7 paragraph 13A] to such extent as is reasonably necessary having regard to any such provision of the rules applicable thereto as is mentioned in [F6 paragraph (c) of this sub-paragraph].

[F4 (2) The Secretary of State may by order made by statutory instrument vary the sum for the time being specified in sub-paragraph (1)(c) of this paragraph; and an instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F4 Sch. 2 para. 14 renumbered as para. 14(1) and para. 14(2) added (14.11.1994) by 1993 c. 39, s. 59(4); S.I. 1994/2659, art. 2

F5 Words in Sch. 2 para. 14 inserted (14.11.1994) by 1993 c. 39, s. 58(4)(a); S.I. 1994/2659, art. 2

F6 Words in Sch. 2 para. 14 substituted (14.11.1994) by 1993 c. 39, s. 59(2)(3); S.I. 1994/2659, art. 2

F7 Words in Sch. 2 para. 14 substituted (14.11.1994) by 1993 c. 39, s. 58(4)(b); S.I. 1994/2659, art. 2

[F8 14A (1) Subject to any directions under paragraph 14B of this Schedule, the rules applicable to any competition may provide that if none of the bets in the competition qualifies for, or for a share in, the first prize— E+W+S

(a) the amount of that prize shall be carried over to the next relevant competition, or

(b) part of that amount shall be carried over to the next relevant competition and the balance shall be applied as mentioned in paragraph 14(1)(b) of this Schedule.

(2) In sub-paragraph (1) of this paragraph—

(a) “the first prize” means the highest prize that can be won, having regard to the outcome of the events on which the competition depends (and not any higher prize that could have been won had the outcome of those events been different),

(b) “the next relevant competition” means the next competition to be held by the same registered pool promoter under the same rules within the fourteen days following the day on which the result of the competition is determined, and

(c) the reference in paragraph (b) to part of the amount referred to in paragraph (a) is to such proportion of that amount as may be specified in the rules or as may be determined by the promoter in accordance with the rules.]

Textual Amendments

F8 Sch. 2 paras. 14A, 14B inserted (14.11.1994) by 1993 c. 39, s. 58(5); S.I. 1994/2659, art.2

F9 14B (1) The Secretary of State may direct that any provision made under paragraph 14A of this Schedule— E+W+S

(a) is not to have effect, or

(b) is to have effect subject to such limitations as are specified in the direction.

(2) The limitations that may be specified under sub-paragraph (1)(b) of this paragraph include—

(a) limitations as to the number of competitions from which amounts may be carried over, and

(b) limitations as to the period within which any such competitions may be held.

(3) Any directions under this paragraph shall be given in writing and may be varied or revoked by subsequent directions.

Textual Amendments

F9 Sch. 2 paras. 14A, 14B inserted (14.11.1994) by 1993 c. 39, s. 58(5); S.I. 1994/2659, art. 2

15 E+W+S Notwithstanding anything in paragraph 13(d) or (e) [F10 or 13A] of this Schedule, if it is found that a bet which ought to have been treated as a winning bet has been inadvertently overlooked, the promoter may pay to the person making that bet the sum paid by him to other persons making comparable bets, or, if there are no comparable bets, such sum as may be proper, and any sum paid under this paragraph shall be left out of account for the purposes of the said [F11 paragraph 13A].

Textual Amendments

F10 Words in Sch. 2 para. 15 inserted (14.11.1994) by 1993 c. 39, s. 58(6)(a); S.I. 1994/2659, art. 2

F11 Words in Sch. 2 para. 15 substituted (14.11.1994) by 1993 c. 39, s. 58(6)(b); S.I. 1994/2659, art. 2

16 E+W+S Nothing in paragraph 13(b) of this Schedule shall be construed as preventing—

(a) several bets being made by a person relating to the same competition; or

(b) several bets (whether relating to the same competition or to different competitions) being made by a person by means of the same coupon or other entry form; or

(c) the use of a formula for the purpose of making several bets and, in particular, the use for that purpose of any form of the device commonly known as a permutation.

17 E+W+S Nothing in paragraph 13(f) of this Schedule shall be construed as requiring, in the case of a series of competitions proposed to be held under the same rules, that those rules should be re-notified to the accountant on the occasion of each competition, and, if the rules are altered before the series is completed, it shall suffice if the alteration is notified to the accountant before any of the sporting or other events relevant to the first competition to which the alteration applies takes place.

18 E+W+S Nothing in paragraphs 13 to 17 of this Schedule shall prevent the rules of any competition from providing that the competition may be declared void in specified circumstances.

19 E+W+S Where two or more competitions of the same registered pool promoter are so conducted that entries in all of them can be effected by a person without completing more than a single coupon or other entry form, the promoter may arrive at the total amount of the stakes in respect of the entries in each competition by—

(a) ascertaining the aggregate total amount of the stakes in respect of the entries in all the competitions; and

(b) causing the said aggregate total amount to be apportioned among those competitions by reference to the results of an inspection of samples of the completed coupons or forms;

and if the sampling, inspection and apportionment is such (both as to the process adopted and as to the manner of carrying it out) that the amount apportioned to each competition is not likely to differ from the total amount actually staked therein by more than one per cent., the amount so apportioned to any such competition shall for all the purposes of this Schedule be deemed to be the total amount actually staked in that competition.