(1)Section 331 of the Gambling Act 2005 (offence of advertising foreign gambling) is repealed.
(2)In consequence of the provision made by subsection (1), in that Act—
(a)omit the following provisions—
(i)section 332(3),
(ii)section 333(3), and
(iii)section 361(1)(b) (but not the “and” at the end), and
(b)in section 333(4), for “(1)(a), (2)(a) and (3)” substitute “(1)(a) and (2)(a)”.
(1)Section 333 of the Gambling Act 2005 (territorial application: remote advertising) is amended as follows.
(2)In subsection (2), omit paragraph (b) (but not the “and” at the end).
(3)For subsection (9)(b) substitute—
“(b)in the case of remote gambling, that—
(i)at least one piece of remote gambling equipment to be used in providing facilities for the gambling is or will be situated in Great Britain, or
(ii)no such equipment is or will be situated in Great Britain, but the facilities are or will be capable of being used there.”
(1)A person who advertises unlicensed remote gambling commits an offence.
(2)The prohibition in subsection (1) applies to anything in the way of advertising which is done—
(a)wholly or partly in Northern Ireland, and
(b)otherwise than by way of remote communication.
(3)The prohibition in subsection (1) applies to advertising by way of remote communication only if the advertising involves—
(a)providing information by whatever means (and whether or not using remote communication), intended to come to the attention of one or more persons in Northern Ireland,
(b)sending a communication intended to come to the attention of one or more persons in Northern Ireland,
(c)making data available with a view to its being accessed by one or more persons in Northern Ireland, or
(d)making data available in circumstances such that it is likely to be accessed by one or more persons in Northern Ireland.
(4)A person guilty of an offence under subsection (1) is liable on summary conviction to—
(a)imprisonment for a term not exceeding 6 months,
(b)a fine not exceeding level 5 on the standard scale, or
(c)both.
(5)In this section “unlicensed remote gambling” means remote gambling the facilities in respect of which are not provided in reliance on a licence issued under Part 5 of the Gambling Act 2005, but does not include a lottery.
(6)Expressions used in this section and in the Gambling Act 2005 have the same meanings in this section as in that Act.