Gambling Act 2005

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This version of this cross heading contains provisions that are prospective.

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where the provision (Part, Chapter or section) has never come into force or;
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 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.

Changes to Legislation

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Changes and effects yet to be applied to :

Changes and effects

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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:

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.

Act amendment to earlier affecting provision SI 2006/3272 Sch. 4 para. 33 by S.I. 2007/1157 art. 8(6)
Act applied (with modifications) by S.I. 2006/3272 Sch. 4 para. 20 21
Act applied (with modifications) by S.I. 2006/3272 Sch. 4 para. 22
Act applied (with modifications) by S.I. 2006/3272 Sch. 4 para. 25 26
Act applied (with modifications) by S.I. 2006/3272 Sch. 4 para. 33
Act applied (with modifications) by S.I. 2006/3272 Sch. 4 para. 63 64
Act modified by S.I. 2006/3272 Sch. 4 para. 84(1)
Act modified by S.I. 2008/2867 reg. 12(1)(a)(iii)

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

s. 352A inserted by 2006 c. 25 s. 177

Commencement Orders yet to be applied to the Gambling Act 2005:

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:

S.I. 2005/2425 art. 2 commences (2005 c. 19)
S.I. 2005/2455 art. 2 Sch. commences (2005 c. 19)
S.I. 2006/631 art. 2 commences (2005 c. 19)
S.I. 2006/2964 art. 2 commences (2005 c. 19)
S.I. 2006/3272 art. 2 Sch. 1-3 commences (2005 c. 19)
S.I. 2006/3361 art. 2 amendment to earlier commencing SI 2006/3272
S.I. 2007/2169 art. 2 amendment to earlier commencing SI 2006/3272
S.I. 2007/3155 art. 2 commences (2005 c. 19)
S.I. 2008/1326 art. 2 Sch. commences (2005 c. 19)

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2006/3200 art. 2 commences (2006 c. 35)
S.I. 2007/1157 art. 2-12 Sch. 1 2 amendment to earlier commencing SI 2006/3272
S.I. 2007/1527 art. 2 amendment to earlier commencing SI 2006/3272
S.I. 2008/755 art. 2 15-18 commences (2007 c. 27)
S.I. 2008/1653 art. 2 commences (2007 c. 15)
S.I. 2008/2504 art. 2 commences (2007 c. 27)
S.I. 2009/812 art. 3(a)(b) commences (2006 c. 52)
S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
S.I. 2011/2329 art. 3 commences (2011 c. 5)

Prospective

Principal offencesE+W+S

46Invitation to gambleE+W+S

(1)A person commits an offence if he invites, causes or permits a child or young person to gamble.

(2)But subsection (1) does not apply in relation to—

(a)participation in private or non-commercial gaming,

(b)participation in private or non-commercial betting,

(c)participation in a lottery,

(d)participation in football pools,

(e)the use of a Category D gaming machine,

(f)participation in equal chance gaming in accordance with a prize gaming permit,

(g)participation in equal chance gaming at a licensed family entertainment centre,

(h)participation in prize gaming at a non-licensed family entertainment centre, or

(i)participation in prize gaming at a travelling fair in accordance with section 292.

(3)In subsection (1) a reference to inviting a child or young person to gamble includes, in particular, a reference to intentionally—

(a)sending to a child or young person any document which advertises gambling, or

(b)bringing to the attention of a child or young person information about gambling with a view to encouraging the child or young person to gamble.

(4)If a document which is sent to a child or young person and which advertises gambling gives the name or contact details of a person to whom payment may be made or from whom information may be obtained, that person shall be treated as having committed the offence under subsection (1) unless he proves that the document was sent—

(a)without his consent, and

(b)without his authority.

(5)If information about gambling is brought to the attention of a child or young person and includes the name or contact details of a person to whom payment may be made or from whom information may be obtained, that person (“the advertiser”) shall be treated as having committed the offence under subsection (1) unless he proves that the information was brought to the attention of the child or young person—

(a)without the advertiser's consent or authority, or

(b)as an incident of the information being brought to the attention of adults and without a view to encouraging the child or young person to gamble.

(6)In subsections (4) and (5) “contact details” means—

(a)an address or other location,

(b)a telephone number,

(c)an internet site, or

(d)an email address.

47Invitation to enter premisesE+W+S

(1)A person commits an offence if he invites or permits a child or young person to enter premises if—

(a)a casino premises licence has effect in respect of the premises, and

(b)the premises are being used in reliance on that licence when the child or young person is invited or permitted to enter.

(2)But subsection (1) does not apply where—

(a)a child or young person is permitted to enter a part of premises which are being used for a regional casino, and

(b)that part is not being used for the provision of facilities for gambling when the child or young person is permitted to enter.

(3)The Secretary of State may for the purposes of subsection (2) by regulations make provision for—

(a)distinguishing between one part of premises and another;

(b)determining when use is being made of a part of premises.

(4)A person commits an offence if he invites or permits a child or young person to enter premises other than a track if—

(a)a betting premises licence has effect in respect of the premises, and

(b)the premises are being used in reliance on that licence when the child or young person is invited or permitted to enter.

(5)A person commits an offence if he invites or permits a child or young person to enter premises if—

(a)an adult gaming centre premises licence has effect in respect of the premises, and

(b)the premises are being used in reliance on that licence when the child or young person is invited or permitted to enter.

(6)A person commits an offence if he invites or permits a child or young person to enter an area from which children and young persons are required to be excluded by virtue of section 182.

(7)A person commits an offence if he invites or permits a child or young person to enter part of premises if—

(a)the premises are a licensed family entertainment centre,

(b)a person entering that part of the premises has access to a Category C gaming machine, and

(c)at the time when the child or young person is permitted or invited to enter, a Category C gaming machine is being used or is available for use.

48GamblingE+W+S

(1)A young person commits an offence if he gambles.

(2)But subsection (1) does not apply to—

(a)participation in private or non-commercial gaming,

(b)participation in private or non-commercial betting,

(c)participation in a lottery,

(d)participation in football pools,

(e)the use of a Category D gaming machine,

(f)participation in equal chance gaming in accordance with a prize gaming permit,

(g)participation in equal chance gaming at a licensed family entertainment centre,

(h)participation in prize gaming at a non-licensed family entertainment centre, or

(i)participation in prize gaming at a travelling fair in accordance with section 292.

49Entering premisesE+W+S

A young person commits an offence if he enters premises in circumstances where a person would commit an offence under section 47 if he invited or permitted the young person to enter.

50Provision of facilities for gamblingE+W+S

(1)A young person commits an offence if he provides facilities for gambling.

(2)But subsection (1) does not apply to the provision of facilities in connection with—

(a)private or non-commercial gaming,

(b)private or non-commercial betting,

(c)a lottery,

(d)football pools, or

(e)prize gaming at a travelling fair in accordance with section 292.

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Gambling Act 2005

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Principal offencesE+W+S

46Invitation to gambleE+W+S

47Invitation to enter premisesE+W+S

48GamblingE+W+S

49Entering premisesE+W+S

50Provision of facilities for gamblingE+W+S

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