Search Legislation

Gambling Act 2005

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

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, Chapter or section) 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 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

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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:

Prospective

Part 2 E+W+SConsequential Amendments

Parliamentary Commissioner Act 1967 (c. 13)E+W+S

5In Schedule 2 to the Parliamentary Commissioner Act 1967 (bodies subject to investigation) for “Gaming Board for Great Britain.” substitute “ Gambling Commission. ”E+W+S

Superannuation Act 1972 (c. 11)E+W+S

6In Schedule 1 to the Superannuation Act 1972 (employment to which superannuation schemes may extend) for “Gaming Board for Great Britain.” substitute “ Gambling Commission. ”E+W+S

House of Commons Disqualification Act 1975 (c. 24)E+W+S

7In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) for “The Gaming Board for Great Britain.” substitute “ The Gambling Commission. ”E+W+S

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)E+W+S

8In section 20(9) of the Local Government (Miscellaneous Provisions) Act 1976 (sanitation) for the definition of “betting office” substitute—E+W+S

betting office” means premises, other than a track within the meaning of the Gambling Act 2005, in respect of which a betting premises licence under Part 8 of that Act has effect;.

Race Relations Act 1976 (c. 74)E+W+S

9In Schedule 1A to the Race Relations Act 1976 (bodies subject to general statutory duty) for “Gaming Board for Great Britain” substitute “ Gambling Commission ”.E+W+S

London Local Authorities Act 1995 (c. x)E+W+S

10In section 14 of the London Local Authorities Act 1995 (interpretation of licensing provisions) for the provision excluding premises licensed under Part II of the Gaming Act 1968 substitute: “ does not include premises in respect of which a casino premises licence, bingo premises licence, adult gaming centre premises licence, family entertainment centre premises licence or betting premises licence under Part 8, or a family entertainment centre gaming permit under section 247, of the Gambling Act 2005 has effect; ”.E+W+S

Employment Rights Act 1996 (c. 18)E+W+S

11For section 233 of the Employment Rights Act 1996 (betting workers) substitute—E+W+S

233Betting workers

(1)In this Act “betting worker” means an employee who under his contract of employment is or may be required to do betting work.

(2)In this Act “betting work” means—

(a)work which consists of or includes dealing with betting transactions at a track in England or Wales and which is carried out for a person who holds a general betting operating licence, a pool betting operating licence or a horse-race pool betting operating licence, and

(b)work on premises in respect of which a betting premises licence has effect at a time when the premises are used for betting transactions.

(3)In subsection (2) “betting transactions” includes the collection or payment of winnings.

(4)Expressions used in this section and in the Gambling Act 2005 have the same meaning in this section as in that Act.

(5)In this Act—

  • notice period”, in relation to an opted-out betting worker, has the meaning given by section 41(3),

  • opted-out”, in relation to a betting worker, shall be construed in accordance with section 41(1) and (2),

  • opting-in notice”, in relation to a betting worker, has the meaning given by section 36(6),

  • opting-out notice”, in relation to a betting worker, has the meaning given by section 40(2), and

  • protected”, in relation to a betting worker, shall be construed in accordance with section 36(1) to (5).

Police Act 1997 (c. 50)E+W+S

12In section 115 of the Police Act 1997 (enhanced criminal record certificates) for subsection (5)(a) to (c) substitute—E+W+S

(a)a process under the Gambling Act 2005.

Terrorism Act 2000 (c. 11)E+W+S

13In paragraph 4 of Schedule 3A to the Terrorism Act 2000 (regulated sector and supervisory authorities) for “Gaming Board for Great Britain” substitute “ Gambling Commission ”.E+W+S

Regulation of Investigatory Powers Act 2000 (c. 23)E+W+S

14In paragraph 20A of Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant public authorities) for “Gaming Board for Great Britain” substitute “ Gambling Commission ”.E+W+S

Postal Services Act 2000 (c. 26)E+W+S

15In section 7 of the Postal Services Act 2000 (exceptions to the restrictions on provision of postal services) for the definition of “authorised promoter” substitute—E+W+S

authorised promoter” means—

(a)the holder of a pool betting operating licence under Part 5 of the Gambling Act 2005,

(b)a person authorised under section 93(3) of that Act to do anything on behalf of the holder of a pool betting operating licence, and

(c)an associate, within the meaning of section 184 of the Consumer Credit Act 1974 (c. 39), of a person within paragraph (a) or (b),.

Freedom of Information Act 2000 (c. 36)E+W+S

16In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which the Act applies) for “Gaming Board of Great Britain” substitute “Gambling Commission”.E+W+S

Private Security Industry Act 2001 (c. 12)E+W+S

17For paragraph 8(3)(e) of Schedule 2 to the Private Security Industry Act 2001 (exceptions for certain premises) substitute—E+W+S

(e)in relation to any occasion on which a casino premises licence or a bingo premises licence is in force in respect of the premises under the Gambling Act 2005 and the premises are being used in reliance on that licence; or.

Criminal Justice and Police Act 2001 (c. 16)E+W+S

18(1)In Schedule 1 of the Criminal Justice and Police Act 2001 (seizure powers to which extending provision of section 50 applies)—E+W+S

(a)paragraphs 6, 11 and 20 cease to have effect,

(b)at the end of Part 1 (renumbering the entry for the Licensing Act 2003 as paragraph 73E) add—

73FGambling Act 2005

The powers conferred by section 317 of the Gambling Act 2005 (inspection powers).,

(c)paragraphs 89, 93 and 97 cease to have effect, and

(d)at the end of Part 3 (renumbering the entry for the Licensing Act 2003 as paragraph 111) add—

112Gambling Act 2005

The powers conferred by section 317 of the Gambling Act 2005 (inspection powers).

(2)For the purposes of the amendments made by this paragraph, the powers in section 317(1)(d), (e) and (f) are powers of seizure.

Proceeds of Crime Act 2002 (c. 29)E+W+S

19In Part 2 of Schedule 9 to the Proceeds of Crime Act 2002 (supervisory authorities) in paragraph 4(g) for “Gaming Board for Great Britain” substitute “ Gambling Commission ”.E+W+S

Licensing Act 2003 (c. 17)E+W+S

20(1)The Licensing Act 2003 shall be amended as follows.E+W+S

(2)For section 175 (exemption for raffle, tombola, &c.) substitute—

175Exemption for incidental non-commercial lottery

(1)The promotion of a lottery to which this section applies shall not constitute a licensable activity by reason only of one or more of the prizes in the lottery consisting of or including alcohol, provided that the alcohol is in a sealed container.

(2)This section applies to an incidental non-commercial lottery (within the meaning of Part 1 of Schedule 11 to the Gambling Act 2005).

(3)In paragraph 10(3) of Schedule 1 (provision of regulated entertainment) for “section 22 of the Lotteries and Amusements Act 1976 (c. 32)” substitute “ section 19(3) of the Gambling Act 2005 ”.

(4)In Schedule 4 (relevant offences) after paragraph 20 insert—

21An offence under section 46 of the Gambling Act 2005 if the child or young person was invited, caused or permitted to gamble on premises in respect of which a premises licence under this Act had effect.

NoteE+W+S

21The amendments made by this Schedule are without prejudice to the generality of paragraph 4 of Schedule 5.E+W+S

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

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.

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

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