Part 1Interpretation of Key Concepts

Principal concepts

5Facilities for gambling

1

For the purposes of this Act a person provides facilities for gambling if he—

a

invites others to gamble in accordance with arrangements made by him,

b

provides, operates or administers arrangements for gambling by others, or

c

participates in the operation or administration of gambling by others.

2

But a person does not provide facilities for gambling for the purposes of this Act by virtue only of—

a

providing an article other than a gaming machine to a person who intends to use it, or may use it, in the course of any of the activities mentioned in subsection (1)(a) to (c),

b

providing, otherwise than in the course of providing, operating or administering arrangements for gambling or participating in the operation or administration of gambling, an article to a person who intends to use it, or may use it, for gambling, or

c

making facilities for remote communication available for use by—

i

persons carrying on any of those activities, or

ii

persons gambling in response to or in accordance with any of those activities.

3

A person provides facilities for gambling (despite subsection (2)(c)) if—

a

he makes facilities for remote communication available for use,

b

the facilities are adapted or presented in such a way as to facilitate, or to draw attention to the possibility of, their use for gambling, and

c

the nature, adaptation or presentation of the facilities is such that—

i

they cannot reasonably be expected to be used for purposes other than gambling, or

ii

they are intended to be used wholly or mainly for gambling.

4

The Secretary of State may by order, for the purposes of subsection (3)(c)—

a

provide that facilities of a specified nature, or adapted or presented in a specified way, cannot reasonably be expected to be used for purposes other than gambling;

b

provide that facilities of a specified nature, or adapted or presented in a specified way, can reasonably be expected to be used for purposes other than gambling;

c

specify criteria by which it is to be determined whether facilities can reasonably be expected to be used for purposes other than gambling;

d

provide that facilities of a specified nature, or adapted or presented in a specified way, shall be taken as being intended to be used wholly or mainly for gambling;

e

provide that facilities of a specified nature, or adapted or presented in a specified way, shall be taken as not being intended to be used wholly or mainly for gambling;

f

specify criteria by which it is to be determined whether facilities are intended to be used wholly or mainly for gambling.