- Latest available (Revised)
- Point in Time (03/01/1995)
- Original (As enacted)
Version Superseded: 22/08/1996
Point in time view as at 03/01/1995.
Betting, Gaming and Lotteries Act 1963, Paragraph 2 is up to date with all changes known to be in force on or before 01 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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.
F12(1)Subject to paragraph 3 below, a betting worker is to be regarded for the purposes of this Schedule as “protected” if, and only if, sub-paragraph (2) or (3) below applies to him.E+W+S
(2)This sub-paragraph applies to any betting worker if—
(a)on the day before the commencement date, he was employed as a betting worker,
(b)on that day, he was not employed to work only on Sunday,
(c)he has been continuously employed during the period beginning with that day and ending with the appropriate date, and
(d)throughout that period, or throughout every part of it during which his relations with his employer were governed by a contract of employment, he was a betting worker.
(3)This sub-paragraph applies to any betting worker whose contract of employment is such that under it he—
(a)is not, and may not be, required to work on Sunday, and
(b)could not be so required even if the provisions of this Schedule were disregarded.
(4)In sub-paragraph (2)(c) above “the appropriate date” means—
(a)in relation to paragraphs 7 and 8 below, the effective date of termination,
(b)in relation to paragraph 10 below, the date of the act or failure to act,
(c)in relation to sub-paragraph (2) or (3) of paragraph 12 below, the day on which the agreement is entered into,
(d)in relation to sub-paragraph (4) of that paragraph, the day on which the employee returns to work,
(e)in relation to paragraph 14 below, any time in relation to which the contract is to be enforced, and
(f)in relation to paragraph 15 below, the end of the period in respect of which the remuneration is paid or the benefit accrues.
(5)For the purposes of sub-paragraph (4)(a) above, “the effective date of termination”, in any case falling within paragraph 1(4) above, means the day with effect from which the employee is treated by section 56 of the 1978 Act as being dismissed.
(6)For the purposes of sub-paragraph (4)(b) above—
(a)where an act extends over a period, the “date of the act” means the first day of the period, and
(b)a deliberate failure to act shall be treated as done when it was decided on,
and in the absence of evidence establishing the contrary, an employer shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.
(7)Where on the day before the commencement date an employee’s relations with his employer have ceased to be governed by a contract of employment, he shall be regarded as satisfying the conditions in sub-paragraph (2)(a) and (b) above if—
(a)that day falls in a week which counts as a period of employment with that employer under paragraph 9 or 10 of Schedule 13 to the 1978 Act (absence from work because of sickness, pregnancy etc.) or under regulations made under paragraph 20 of that Schedule (reinstatement or re-engagement of dismissed employee), and
(b)on the last day before the commencement date on which his relations with his employer were governed by a contract of employment, the employee was a betting worker and was not employed to work only on Sunday.
Textual Amendments
F1Sch. 5A para. 2 inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: