The Gambling Act 2005 (Gaming Machines) (Definitions) Regulations 2007

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Gambling Act 2005 (Gaming Machines) (Definitions) Regulations 2007 and shall come into force on 1st September 2007.

(2) In these Regulations—

“the Act” means the Gambling Act 2005;

“commercial arrangement”, in connection with the use of a computer—

(a)

includes any arrangement under which an owner of the computer, or a person connected with such an owner—

(i)

makes or receives (or intends to make or reasonably expects to receive) any payment or reward (whether by way of commission, rent or otherwise), in connection with making the computer available for use, or

(ii)

otherwise receives (or reasonably expects to receive) any benefit in connection with making the computer available for use by virtue of it being adapted or presented in such a way as to facilitate or draw attention to the possibility of its use for gambling;

(b)

does not include an arrangement between an employer and his employee in connection with that employment, other than where a computer is made available to the employee by his employer for use wholly or mainly for recreational purposes;

“company” has the meaning given in section 735(1)(a) of the Companies Act 1985(1);

“owner”, in relation to a computer, means any person who owns the computer or has any right to control (directly or indirectly) by whom it is used;

“private use” in relation to a computer means use of the computer by—

(a)

an owner of the computer, or

(b)

persons using it with the permission of an owner of the computer, other than under any commercial arrangement in connection with its use;

“subsidiary” has the meaning given in section 736 of the Companies Act 1985.

(3) In these Regulations, a person is connected with an owner of a computer where—

(a) the person and the owner are both companies and—

(i) one is a subsidiary of the other, or

(ii) both are subsidiaries of the same company;

(b) the person and the owner are carrying on a business in common with a view to profit; or

(c) the person is the owner’s spouse, civil partner, sibling, ancestor, or lineal or collateral descendant.

(1)

1985 c. 6