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.