Search Legislation

Gambling Act 2005

Status:

Point in time view latest with prospective.This version of this part contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes over time for: Part 14

 Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Gambling Act 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

  • specified purposes Appointed Day(s) by S.I. 2006/637 art. 2 (Day appointed for purposes of s. 349)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Gambling Act 2005

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

Part 14 E+W+SPrivate and Non-Commercial Gaming and Betting

Private gaming and bettingE+W+S

295InterpretationE+W+S

Schedule 15 (which defines private gaming and betting) shall have effect.

296Exceptions to offencesE+W+S

(1)A person does not commit an offence under section 33 by providing facilities for—

(a)private gaming, or

(b)private betting.

(2)Section 37 shall not apply to or in respect of the use of premises to carry on—

(a)private gaming, or

(b)private betting.

(3)A person does not commit an offence under section 33 or 37 by making or accepting a bet, or by offering to make or accept a bet, if he acts otherwise than in the course of a business.

Non-commercial gaming and bettingE+W+S

297InterpretationE+W+S

(1)For the purposes of this Act gaming is non-commercial if it takes place at a non-commercial event (whether as an incidental activity or as the principal or only activity).

(2)An event is non-commercial if the arrangements for the event are such that no part of the proceeds is to be appropriated for the purpose of private gain.

(3)For the purposes of subsection (2) the proceeds of an event are—

(a)the sums raised by the organisers (whether by way of fees for entrance or for participation, by way of sponsorship, by way of commission from traders or otherwise), minus

(b)amounts deducted by the organisers in respect of costs reasonably incurred in organising the event.

298Exceptions to offencesE+W+S

(1)A person does not commit an offence under section 33 by providing facilities for—

(a)non-commercial prize gaming which complies with the conditions in section 299, or

(b)non-commercial equal chance gaming which complies with the conditions in section 300.

(2)Section 37 shall not apply to or in respect of the use of premises to carry on—

(a)non-commercial prize gaming which complies with the conditions in section 299, or

(b)non-commercial equal chance gaming which complies with the conditions in section 300.

299Conditions for non-commercial prize gamingE+W+S

(1)This section specifies the conditions for non-commercial prize gaming mentioned in section 298.

(2)The first condition is that players are informed that the purpose of the gaming is to raise money for a specified purpose other than that of private gain.

(3)The second condition is that the arrangements for the gaming are such that the profits will be applied for a purpose other than that of private gain.

(4)The third condition is that the non-commercial event of which the gaming is part does not take place—

(a)on premises, other than a track, in respect of which a premises licence has effect,

(b)on a track at a time when activities are being carried on in reliance on a premises licence, or

(c)on premises at a time when activities are being carried on in reliance on a temporary use notice.

(5)The fourth condition is that the gaming is not remote.

(6)In this section “profits” in relation to gaming means—

(a)the aggregate of amounts—

(i)paid by way of stakes, or

(ii)otherwise accruing to the person organising the gaming directly in connection with it, minus

(b)amounts deducted by the person organising the gaming in respect of—

(i)the provision of prizes, or

(ii)other costs reasonably incurred in organising or providing facilities for the gaming.

300Conditions for non-commercial equal-chance gamingE+W+S

(1)This section specifies the conditions for non-commercial equal-chance gaming mentioned in section 298.

(2)The first condition is that persons participating in the gaming are informed that the purpose of the gaming is to raise money for a specified purpose other than that of private gain.

(3)The second condition is that the arrangements for the gaming are such that the profits will be applied for a purpose other than that of private gain.

(4)The third condition is that the arrangements for the gaming ensure compliance with regulations of the Secretary of State—

(a)limiting amounts staked;

(b)limiting participation fees;

(c)limiting other amounts paid by a person in connection with the gaming;

(d)limiting a combination of matters specified in paragraphs (a) to (c);

(e)limiting the amount or value of a prize;

(f)limiting the aggregate amount or value of prizes.

(5)Regulations under subsection (4) may, in particular—

(a)make provision by reference to whether or not a game is part of a series;

(b)make provision by reference to whether or not the non-commercial event of which the gaming is part is associated, as defined by the regulations, with another event;

(c)limit stakes in relation to a participant in more than one game;

(d)make different provision for different kinds of game or for games played in different circumstances.

(6)The fourth condition is that the non-commercial event of which the gaming is part does not take place—

(a)on premises, other than a track, in respect of which a premises licence has effect,

(b)on a track at a time when activities are being carried on in reliance on a premises licence, or

(c)on premises at a time when activities are being carried on in reliance on a temporary use notice.

(7)The fifth condition is that the gaming is non-remote.

(8)In this section “profits” in relation to gaming means—

(a)the aggregate of amounts—

(i)paid by way of stakes, or

(ii)otherwise accruing to the person organising the gaming directly in connection with it, minus

(b)amounts deducted by the person organising the gaming in respect of—

(i)the provision of prizes, or

(ii)other costs reasonably incurred in organising or providing facilities for the gaming.

301Misusing profits of non-commercial prize gamingE+W+S

(1)This section applies to—

(a)non-commercial prize gaming in respect of which a fund-raising purpose has been specified as mentioned in section 299(2), and

(b)non-commercial equal-chance gaming in respect of which a fund-raising purpose has been specified as mentioned in section 300(2).

(2)A person commits an offence if he uses any part of the profits of gaming to which this section applies for a purpose other than that specified.

(3)The reference in subsection (2) to the use of profits includes a reference to permitting profits to be used.

(4)A person guilty of an offence under this section shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks,

(b)a fine not exceeding level 5 on the standard scale, or

(c)both.

(5)In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

(6)In this section “profits” has the same meaning as in sections 299 and 300.

302Non-commercial bettingE+W+S

For the purposes of this Act a betting transaction is non-commercial betting if no party to the transaction—

(a)enters it in the course of a business, or

(b)holds himself out as being in business in relation to the acceptance of bets.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources