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Betting, Gaming and Lotteries Act 1963

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38Supplementary provisions with respect to gaming

(1)Notwithstanding any rule of law, premises shall not be a common gaming house by reason of the carrying on of gaming thereon.

(2)Nothing in section 41 of this Act shall make unlawful any gaming conducted in such circumstances that no offence under this Part of this Act is committed.

(3)Notwithstanding any rule of law, for the purposes of any enactment relating to betting, the expression " bet " shall not include any bet or stake at any gaming conducted as aforesaid.

(4)Notwithstanding any rule of law—

(a)the making of bets by way of pool betting; and

(b)participation in any lottery which satisfies the conditions set out in subsection (5) of this section,

shall not be held to be gaming.

(5)The conditions referred to in subsection (4) (b) of this section are—

(a)that the lottery is a lottery declared by section 43, 44 or 45 of this Act not to be unlawful; and

(b)that each winner of a prize is ascertained by reference to not more than three determining factors, each of those factors being either the result of a draw or other determination or the outcome of an event.

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