Part 10

Gaming Machines

Exceptions

Limited prize
249
1
A person does not commit an offence under section 37 or 242 if—
a
he makes a gaming machine available for use by an individual, and
b
the individual does not, by using the machine, acquire an opportunity to win a prize of a value in excess of the amount that he pays for or in connection with his use of the machine.
2
For the purpose of subsection (1)(b)—
a
the reference to paying includes a reference to—
i
paying money by way of an entrance charge,
ii
using a coin to activate a gaming machine where the coin will not or may not be returned,
iii
transferring money's worth, and
iv
paying for goods or services at a price or rate which reflects the opportunity to use a gaming machine, and
b
it is immaterial—
i
to whom payment is made, and
ii
who receives benefit from the payment.
S. 249 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.)