The Deregulation (Betting and Bingo Advertising etc.) Order 1997

Statutory Instruments

1997 No. 1074

DEREGULATION

The Deregulation (Betting and Bingo Advertising etc.) Order 1997

Made

22nd March 1997

Coming into force

19th April 1997

Whereas—

(a) the Secretary of State is of the opinion that certain provisions of the Betting, Gaming and Lotteries Act 1963(1) and the Gaming Act 1968(2), which are the subject of this Order, impose burdens affecting persons in the carrying on of a trade, business, profession or otherwise and that by amending or repealing the provisions concerned and by making certain other provision it is possible to remove or reduce the burdens without removing any necessary protection;

(b) he has consulted such organisations as appear to him to be representative of interests substantially affected by his proposals and such other persons as he considers appropriate;

(c) it appears to the Secretary of State that it is appropriate, following that consultation, to proceed with the making of this Order;

(d) a document setting out the Secretary of State’s proposals has been laid before Parliament as required by section 3 of the Deregulation and Contracting Out Act 1994(3) and the period for Parliamentary consideration under section 4 of that Act has expired;

(e) the Secretary of State has had regard to the representations made during that period;

(f) a draft of this Order has been laid before Parliament with a statement giving details of such representations and the changes to the Secretary of State’s proposals in the light of those representations; and

(g) a draft of this Order has been approved by resolution of each House of Parliament.

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 1 of the Deregulation and Contracting Out Act 1994, hereby makes the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Deregulation (Betting and Bingo Advertising etc.) Order 1997 and shall come into force 28 days after the day on which it is made.

(2) This Order does not extend to Northern Ireland.

Interpretation

2.  In this Order “the 1963 Act” means the Betting, Gaming and Lotteries Act 1963 and “the 1968 Act” means the Gaming Act 1968.

Relaxation of advertising restrictions in relation to bingo

3.—(1) Section 42 of the 1968 Act (restrictions on advertisements relating to gaming)(4) shall be amended as follows.

(2) In subsection (1), paragraphs (d) and (e), together with the word “or” preceding paragraph (d), are hereby repealed.

(3) Subsection (1A) is hereby repealed.

(4) After subsection (2)(e) there shall be inserted—

“or,

(f) gaming in the form of playing bingo”.

(5) In subsection (3)—

(a) the words “other than bingo club premises” in paragraph (a) are hereby repealed; and

(b) paragraphs (d) to (g), together with the word “or” preceding paragraph (d), are hereby repealed.

(6) Subsections (3A) to (3C) are hereby repealed.

(7) In subsection (8), the definitions of “bingo club premises”, “inducement”, “multiple bingo” and “relevant premises” are hereby repealed.

Repeals consequential on article 3 above

4.  In consequence of the amendments made by article 3 above, subsections (2), (3), (5), (6) and (7) of section 1 of the Bingo Act 1992 are hereby repealed.

Relaxation of advertising restrictions in relation to licensed betting offices

5.—(1) Section 10 of the 1963 Act (conduct of licensed betting offices)(5) shall be amended as follows.

(2) In subsection (5) (which makes it an offence to publish an advertisement for a licensed betting office other than an advertisement to which subsection (6) applies) after “other than” there shall be inserted “an advertisement published in a material form or”.

(3) In subsection (6)—

(a) after “if” there shall be inserted “it is published otherwise than in a material form and”; and

(b) in paragraph (b), sub-paragraph (iii) (which relates to advertisements in a material form), together with the word “or” preceding it, are hereby repealed.

Repeal of prohibition on encouraging persons on licensed betting offices to bet

6.  Paragraph 4 of Schedule 4 to the 1963 Act (which prohibits the licensee from encouraging persons on licensed betting offices to bet) is hereby repealed.

Timothy Kirkhope

Parliamentary Under-Secretary of State

Home Office

22nd March 1997

Explanatory Note

(This note is not part of the Order)

This Order is made under section 1 of the Deregulation and Contracting Out Act 1994. It reduces restrictions on business by allowing:

• any advertising of facilities for the game of bingo; and

• advertising of licensed betting facilities where the advertisements are in a material form, for example in a newspaper, journal, circular, letter or poster printed on paper.

Article 3 amends section 42 of the Gaming Act 1968 to remove restrictions on bingo advertising. Article 4 makes certain consequential repeals.

Article 5 amends section 10 of the Betting, Gaming and Lotteries Act 1963 to allow advertising of licensed betting facilities where the advertisements are in material form.

Article 6 revokes paragraph 4 of Schedule 4 to that Act to enable persons on licensed premises to be encouraged to bet.

(1)

1963 c. 2.

(2)

1968 c. 65.

(3)

1994 c. 40.

(4)

As amended by the Bingo Act 1992 (c. 10).

(5)

As amended by section 2 of the Betting, Gaming and Lotteries (Amendment) Act 1984 (c. 25).