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Gambling Act 2005

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Section 356

SCHEDULE 16E+W+SMinor and Consequential Amendments

This schedule has no associated Explanatory Notes

Part 1 E+W+SMinor Amendments

Metropolitan Police Act 1839 (c. 47)E+W+S

1In section 44 of the Metropolitan Police Act 1839 (refreshment houses)—

(a)omit “, or knowingly suffer any unlawful games or any gaming whatsoever therein,”, and

(b)in the heading, omit “, or gaming”.

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Commencement Information

I1Sch. 16 para. 1 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Libraries Offences Act 1898 (c. 53)E+W+S

2Section 2(3) of the Libraries Offences Act 1898 (offence of annoying library users) shall cease to have effect.

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Commencement Information

I2Sch. 16 para. 2 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

Gaming Act 1968 (c. 65)E+W+S

3(1)The Gaming Act 1968 shall be amended as follows.E+W+S

(2)For section 6(2) (premises licensed for the sale of alcohol) substitute—

(2)This section applies to any premises in England and Wales—

(a)in respect of which a premises licence under Part 3 of the Licensing Act 2003 (c. 17) has effect,

(b)which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and

(c)at a time when alcohol may be supplied in reliance on the premises licence under Part 3 of the Licensing Act 2003.

(3)In section 12(3)—

(a)in paragraph (a) the words from “and at that time” to the end of the paragraph shall cease to have effect,

(b)in paragraph (b) the words from “and at that time” to the end of the paragraph shall cease to have effect, and

(c)in paragraph (c) the words from “and at that time” to the end of the paragraph shall cease to have effect.

(4)For section 20(5) substitute—

(5)Section 12(3) shall not apply in relation to any club to which this section applies.

(5)In section 31—

(a)in subsection (2)(c) for “ten” substitute “ twenty ”,

(b)for subsection (3E) substitute—

(3E)The initial amount must not exceed the higher of—

(a)the highest coin value, or

(b)the charge for playing a game once by means of the machine., and

(c)in subsection (3G) for “the highest coin value” substitute the higher of—

(a)the highest coin value, or

(b)the charge for playing a game once by means of the machine.

(6)In section 51(3) after “regulations” insert “ or an order ”.

(7)In paragraph 10A(1) of Schedule 9, leave out “sub-paragraph (a) or”.

(8)After paragraph 10A of Schedule 9 insert—

10AAA permit in respect of premises to which sub-paragraph (a) of paragraph 1 of this Schedule applies shall be subject to the conditions that a machine must—

(a)be located on premises which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and

(b)be made available for use only at a time when alcohol may be supplied in reliance on the premises licence under Part 3 of the Licensing Act 2003.

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Commencement Information

I3Sch. 16 para. 3(1) (3)-(6) in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I4Sch. 16 para. 3(2) in force at 24.11.2005 by S.I. 2005/2455, art. 2(2) (with art. 3)

I5Sch. 16 para. 3(7)(8) in force at 25.11.2005 by S.I. 2005/2455, art. 2(3) (with art. 3)

Chronically Sick and Disabled Persons Act 1970 (c. 44)E+W+S

4Section 8B(2)(c) of the Chronically Sick and Disabled Persons Act 1970 (report by Secretary of State on access to betting offices) shall cease to have effect.

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Commencement Information

I6Sch. 16 para. 4 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

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. ”

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Commencement Information

I7Sch. 16 para. 5 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

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. ”

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Commencement Information

I8Sch. 16 para. 6 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

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. ”

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Commencement Information

I9Sch. 16 para. 7 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

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—

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;.

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Commencement Information

I10Sch. 16 para. 8 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

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

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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; ”.

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Commencement Information

I11Sch. 16 para. 10 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

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

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

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).

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Commencement Information

I12Sch. 16 para. 11 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

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—

(a)a process under the Gambling Act 2005.

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Commencement Information

I13Sch. 16 para. 12 in force at 1.1.2007 for specified purposes by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

I14Sch. 16 para. 12 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

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 ”.

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Commencement Information

I15Sch. 16 para. 13 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

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 ”.

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Commencement Information

I16Sch. 16 para. 14 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

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

F215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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”.

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Commencement Information

I17Sch. 16 para. 16 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

Prospective

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

F317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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.

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Commencement Information

I18Sch. 16 para. 18 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

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 ”.

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Commencement Information

I19Sch. 16 para. 19 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

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.

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Commencement Information

I20Sch. 16 para. 20 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

NoteE+W+S

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

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Commencement Information

I21Sch. 16 para. 21 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

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