(1)This section shall have effect for the purpose of permitting the provision of amusements with prizes where those amusements constitute a lottery or gaming or both but do not constitute gaming to which Part II of the M1Gaming Act 1968 applies or gaming by means of a machine to which Part III applies, and they are provided—
(a)on any premises in respect of which a permit under this section has been granted in accordance with Schedule 3 to this Act and is for the time being in force, or
(b)on any premises used mainly for the purposes of amusements by means of machines to which Part III of the M2Gaming Act 1968 applies, being premises in respect of which a permit granted under section 34 of that Act is for the time being in force, or
(c)at a pleasure fair consisting wholly or mainly of amusements provided by travelling showmen which is held on any day of the year on premises not previously used in that year on more than 27 days for the holding of such a pleasure fair.
(2)Nothing in section 1 or 2 above shall apply in relation to amusements falling within subsection (1) above, but in relation to any such amusement the conditions set out in subsection (3) below shall be observed, and if any of those conditions is contravened every person concerned in the provision or conduct of that amusement shall be guilty of an offence unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.
(3)The conditions referred to in subsection (2) above are—
(a)that the amount paid by any person for any one chance to win a prize does not exceed 10p, and
(b)that the aggregate amount taken by way of the sale of chances in any one determination of winners, if any, of prizes does not exceed £5, and that the sale of those chances and the declaration of the result take place on the same day and on the premises on which, and during the time when, the amusement is provided, and
(c)that no money prize is distributed or offered which exceeds 10p, and
(d)that the winning of, or the purchase of a chance to win, a prize does not entitle any person, whether or not subject to a further payment by him, to any further opportunity to win money or money’s worth by taking part in any amusement with prizes or in any gaming or lottery, and
(e)in the case of such a pleasure fair as is mentioned in subsection (1)(c) above, that the opportunity to win prizes at amusements to which this subsection applies is not the only, or the only substantial, inducement to persons to attend the fair.
(4)Schedule 3 to this Act shall have effect.
Modifications etc. (not altering text)
C1S. 16(3)(a) has effect (E.W.) by virtue of S.I. 1984/245, art. 2(a) and (S.) by virtue of S.I. 1984/465, art. 2(a) as if for 10p there were substituted 30p
S. 16(3)(a) has effect (28.5.1999) as if, for the sum specified, there was substituted the sum 50p by virtue of S.I. 1999/1259, art. 2.
C2S. 16(3)(b) has effect (E.W.) (until 30.4.1992) by virtue of S.I. 1988/1025, art. 2 and (S.) (until 30.4.1992) by virtue of S.I. 1988/1053, art. 2 as if for £5 there were substituted £20, and s. 16(3(b) has effect (E.W.) (1.5.1992) by virtue of S.I 1992/425, art.2 and (S.) (1.5.1992) by virtue of S.I. 1992/749, art.2 as if for the sum of £20 there were substituted the sum of £25 (and S.I. 1988/1025, art. 2 shall be omitted (1.5.1992) by virtue of S.I. 1992/425, art. 3 and S.I. 1988/1053, art. 2 is revoked (1.5.1992) by S.I. 1992/749, art. 3)
S. 16(3)(b) amended (1.5.1995) (E.W.) by S.I. 1995/928, art. 2 and which S.I. was revoked (1.10.1997) by S.I. 1997/2080, art. 3.
s. 16(3)(b) has effect (1.10.1997) as if, for the sum specified, there were substituted the sum £50 by virtue of S.I. 1997/2080, art. 2
S. 16(3)(b) has effect (28.5.1999) as if, for the sum specified, there was substituted the sum £60 by virtue of S.I. 1999/1259, art. 2
S. 16(3)(b) has effect (14.1.2002 as if, for the sum specified, there were substituted the sum £90 by virtue of S.I. 2001/4034, art. 2(a)
C3S. 16(3)(b) amended (1.5.1995) (S.) by S.I. 1995/1021, art. 2 and which S.I. was revoked (1.10.1997) by S.I. 1997/2080, art. 3.
C4S. 16(3)(b) has effect (1.10.1997) as if for the sum specified in that para. there were substituted the sum £50 by S.I. 1997/2080, art. 2
C5S. 16(3)(c) has effect (E.W.) by virtue of S.I. 1984/245, art. 2(c) and (S.) by virtue of S.I. 1984/465, art. 2(c) as if for 10p there were substituted 30p
s. 16(3)(c) has effect (27.1.1997) as if, for the sum of 10p specified, there were substituted (S.) the sum £5 by S.I. 1996/3273, art. 2
S. 16(3)(c) has effect (E.W.) (27.1.1997) as if, for the sum specified, there were substituted (E.W.) the sum £5 by virtue of S.I. 1996/3208, art. 2
S. 16(3)(c) has effect (28.5.1999) as if, for the sum specified, there were substituted the sum £15 by virtue of S.I. 1999/1259, art. 2
S. 16(3)(c) has effect (14.1.2002) as if, for the sum specified, there were substituted the sum £25 by virtue of S.I. 2001/4034, art. 2(b)
Marginal Citations