Law

Gambling Act 2005

United Kingdom · statute

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In force since 2025-07-22, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 381 provisions

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381 provisions

320 Timing

A power under or by virtue of this Part may be exercised only at a reasonable time.

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321 Evidence of authorisation

An enforcement officer or authorised person seeking to exercise a power under or by virtue of this Part must produce evidence of his identity and authority to a person (if there is one) who appears to the enforcement officer or authorised person to be occupying the relevant premises or to have responsibility for their management.

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322 Information

(1) The Secretary of State shall make regulations requiring a person who exercises a power under or by virtue of this Part to provide information about the power and its exercise. (2) Regulations under subsection (1) shall, in particular, make provision about— (a) the information to be provided (which may include ancillary information about a provision of this Act or another enactment or about a rule of law); (b) the form and manner in which the information is to be provided; (c) the person to whom, or the place at which, the information is to be provided (which may, in particular, include provision for the supply of a copy if requested by a person within a specified class); (d) timing. (3) A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part shall comply with any relevant provision of regulations under this section.

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323 Use of force

(1) A constable may use reasonable force for the purpose of entering premises in pursuance of a power under or by virtue of this Part. (2) An enforcement officer may use reasonable force for the purpose of entering premises in pursuance of a power under or by virtue of section 306 or 307. (3) An authorised person may use reasonable force for the purpose of entering premises in pursuance of a power under section 307.

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324 Person accompanying inspector, &c.

A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part to enter premises may take one or more persons with him.

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325 Securing premises after entry

A person who enters premises in reliance on a power under or by virtue of this Part shall take reasonable steps to ensure that when he leaves the premises they are as secure as they were before he entered.

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326 Obstruction

(1) A person commits an offence if without reasonable excuse he obstructs, or fails to cooperate with, a constable, enforcement officer or authorised person who is exercising or seeking to exercise a power under or by virtue of this Part. (2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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327 Meaning of “advertising”

(1) For the purposes of this Act a person advertises gambling if— (a) he does anything to encourage one or more persons to take advantage (whether directly or through an agent) of facilities for gambling, (b) with a view to increasing the use of facilities for gambling, he brings them or information about them to the attention of one or more persons, or (c) he participates in or facilitates an activity knowing or believing that it is designed to— (i) encourage one or more persons to take advantage (whether directly or through an agent) of facilities for gambling, or (ii) increase the use of facilities for gambling by bringing them or information about them to the attention of one or more persons. (2) For the purposes of subsection (1) a person shall be treated as bringing facilities for gambling to the attention of one or more persons with a view to increasing the use of the facilities if— (a) he enters into arrangements (whether by way of sponsorship, brand-sharing or otherwise) under which a name is displayed in connection with an event or product, and (b) either— (i) the provision of facilities for gambling is the sole or main activity undertaken under that name, or (ii) the manner or context in which the name is displayed is designed to draw attention to the fact that facilities for gambling are provided under that name.

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328 Regulations

(1) The Secretary of State may make regulations controlling the advertising of gambling. (2) The regulations may, in particular, make provision about— (a) the form of advertisements; (b) the content of advertisements; (c) timing; (d) location. (3) Regulations by virtue of subsection (2)(b) may, in particular, require specified words to be included in advertisements. (4) In making regulations under this section the Secretary of State shall, in particular, have regard to the need to protect children and other vulnerable persons from being harmed or exploited by gambling. (5) A person commits an offence if he contravenes a requirement of regulations under this section. (6) Regulations under this section may provide defences (whether similar to those provided by section 330 or otherwise). (7) A person guilty of an offence under subsection (5) shall be liable on summary conviction to— (a) imprisonment for a term not exceeding 51 weeks, (b) a fine not exceeding level 5 on the standard scale, or (c) both. (8) Where a person commits an offence under this section by causing an advertisement to be displayed or made accessible, he shall be treated as committing the offence on each day during any part of which the advertisement is displayed or made accessible. (9) Regulations under this section may, in particular, make provision generally or by reference to— (a) specified classes of gambling, (b) specified classes of advertisement, or (c) activity undertaken in or in connection with specified places. (10) In the application of subsection (7) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

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329 Broadcasting

(1) Regulations under section 328 may not make provision about advertising by way of television or radio services to which section 319 of the Communications Act 2003 (c. 21) applies. (2) The Office of Communications shall under that section set, review and revise standards in respect of advertisements for gambling. (3) In complying with subsection (2) the Office of Communications— (a) shall consult the Gambling Commission, and (b) shall ensure that the standards reflect the provisions of regulations under section 328. (4) Regulations under section 328 may not make provision about advertising by way of a service which— (a) is provided by the British Broadcasting Corporation, and (b) would be licensable under Part 1 or 3 of the Broadcasting Act 1990 (c. 42) or under Part 1 or 2 of the Broadcasting Act 1996 (c. 55) were it provided by a person subject to licensing under that Part.

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330 Unlawful gambling

(1) A person commits an offence if he advertises unlawful gambling. (2) For the purposes of this section advertised gambling is unlawful if— (a) in order for the gambling to take place as advertised without the commission of an offence under this Act it would or might be necessary to rely on a licence, notice, permit or registration under this Act or an an exception to an offence under this Act, and (b) at the time of advertising— (i) arrangements for a licence, notice, permit or registration, sufficient to prevent the commission of an offence under this Act if the gambling takes place as advertised, have not been completed, and (ii) the arrangements for the gambling as advertised are not such as to ensure that an exception to the offence will apply. (3) Subsection (1) does not apply to anything done by way of promoting a lottery. (4) It is a defence for a person charged with an offence under subsection (1) by reference to action of a kind described in section 327(1)(a) or (b) to show that he reasonably believed that the advertised gambling was lawful. (5) Where a person acts in a way described in section 327(1)(c) he commits the offence under subsection (1) above only if he knows or should know that the advertised gambling is unlawful. (6) A person does not commit an offence under subsection (1) by reason only of delivering, transmitting or broadcasting a communication or making data available if— (a) he acts in the course of a business of delivering, transmitting or broadcasting communications (in whatever form or by whatever means) or making data available, and (b) the nature of the business is such that persons undertaking it have no control over the nature or content of the communications or data. (7) A person guilty of an offence under this section shall be liable on summary conviction to— (a) imprisonment for a term not exceeding 51 weeks, (b) a fine not exceeding level 5 on the standard scale, or (c) both. (8) Where a person commits an offence under this section by causing an advertisement to be displayed or made accessible, he shall be treated as committing the offence on each day during any part of which the advertisement is displayed or made accessible. (9) In the application of subsection (7) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

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331 Foreign gambling

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332 Territorial application: non-remote advertising

(1) Regulations under section 328 shall apply to anything in the way of advertising which is done— (a) wholly or partly in Great Britain, and (b) otherwise than by way of remote communication. (2) The prohibition in section 330(1) applies to anything in the way of advertising which is done— (a) wholly or partly in Great Britain, and (b) otherwise than by way of remote communication. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) For the purposes of this section the following are immaterial— (a) the nature of gambling to which advertising relates (whether remote or non-remote), and (b) the location of the gambling to which advertising relates.

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333 Territorial application: remote advertising

(1) Regulations under section 328 shall have effect in relation to advertising by way of remote communication only if— (a) the advertising satisfies the test in subsection (4), (b) the advertising satisfies the additional test in subsection (5) or (6), if relevant, and (c) the gambling to which the advertising relates satisfies the test in subsection (9). (2) The prohibition in section 330(1) applies to advertising by way of remote communication only if— (a) the advertising satisfies the test in subsection (4), (b) ...and (c) the gambling to which the advertising relates satisfies the test in subsection (9). (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The test referred to in subsections (1)(a) and (2)(a) is that the advertising involves— (a) providing information, by whatever means (and whether or not using remote communication), intended to come to the attention of one or more persons in Great Britain, (b) sending a communication intended to come to the attention of one or more persons in Great Britain, (c) making data available with a view to its being accessed by one or more persons in Great Britain, or (d) making data available in circumstances such that it is likely to be accessed by one or more persons in Great Britain. (5) In the case of a broadcast by television, the additional test is that the advertising is included in a service falling within subsection (2) or (3) of section 211 of the Communications Act 2003 (regulation of independent television services). (6) In the case of the dissemination of information by way of an information society service within the meaning of Directive 2000/31/EC on electronic commerce, the additional test is that the service provider— (a) is established in the United Kingdom for the purposes of that Directive, (b) is established in a non-EEA State for the purposes of that Directive, or (c) has been notified that the conditions for derogation specified in Article 3(4) of that Directive are satisfied in relation to the application to the service provider of regulations under section 328 and of section 330. (7) The reference to notification in subsection (6)(c) is a reference to written notice which— (a) has been given by the Commission, (b) has neither expired nor been withdrawn, and (c) states whether the Commission's opinion as to satisfaction of the conditions for derogation relates— (i) to the conditions specified in Article 3(4)(a) and (b), or (ii) by virtue of Article 3(5), only to the conditions specified in Article 3(4)(a). (8) In a case to which subsection (7)(c)(ii) applies, the Commission shall perform the duties of notification imposed on the United Kingdom by Article 3(5). (9) The test referred to in subsections (1)(c) and (2)(c) is— (a) in the case of non-remote gambling, that it is to take place in Great Britain, or (b) in the case of remote gambling, that— (i) at least one piece of remote gambling equipment to be used in providing facilities for the gambling is or will be situated in Great Britain, or (ii) no such equipment is or will be situated in Great Britain, but the facilities are or will be capable of being used there.

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334 Repeal of provisions preventing enforcement

(1) The following shall cease to have effect— (a) section 1 of the Gaming Act 1710 (c. 19) (voiding of security for winnings or for repayment of gaming loan, &c.), (b) remaining provisions of the Gaming Act 1835 (c. 41) (security deemed given for illegal consideration), (c) section 18 of the Gaming Act 1845 (c. 109) (voiding of gaming contracts), (d) section 1 of the Gaming Act 1892 (c. 9) (voiding of promise to repay), and (e) in section 412 of the Financial Services and Markets Act 2000 (c. 8) (gaming contracts)— (i) in subsection (1)(a), the words “section 18 of the Gaming Act 1845, section 1 of the Gaming Act 1892 or”, and (ii) subsection (1)(b). (2) The repeals in subsection (1) do not permit enforcement of a right which is created, or which emanates from an agreement made, before this section comes into force.

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335 Enforceability of gambling contracts

(1) The fact that a contract relates to gambling shall not prevent its enforcement. (2) Subsection (1) is without prejudice to any rule of law preventing the enforcement of a contract on the grounds of unlawfulness (other than a rule relating specifically to gambling).

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336 Power of Gambling Commission to void bet

(1) The Commission may make an order under this subsection in relation to a bet accepted by or through the holder of— (a) a general betting operating licence, (b) a pool betting operating licence, or (c) a betting intermediary operating licence. (2) Where the Commission makes an order under subsection (1) in relation to a bet— (a) any contract or other arrangement in relation to the bet is void, and (b) any money paid in relation to the bet (whether by way of stake, winnings, commission or otherwise) shall be repaid to the person who paid it, and repayment may be enforced as a debt due to that person. (3) The Commission may make an order under subsection (1) in relation to a bet only if satisfied that the bet was substantially unfair. (4) In considering whether a bet was unfair the Commission shall, in particular, take account of any of the following that applies— (a) the fact that either party to the bet supplied insufficient, false or misleading information in connection with it, (b) the fact that either party to the bet believed or ought to have believed that a race, competition or other event or process to which the bet related was or would be conducted in contravention of industry rules, (c) the fact that either party to the bet believed or ought to have believed that an offence under section 42 had been or was likely to be committed in respect of anything to which the bet related, and (d) the fact that either party to the bet was convicted of an offence under section 42 in relation to the bet. (5) An order under subsection (1) may be made in relation to a bet only during the period of six months beginning with the day on which the result of the bet is determined. (6) But subsection (5) shall not apply to an order made taking account of the fact that a party to the bet was convicted of an offence under section 42 in relation to it.

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337 Section 336: supplementary

(1) Where the Commission makes an order under section 336(1) in relation to a bet a party to the bet or to any contract or other arrangement in relation to the bet may appeal to the First-tier Tribunal ; and the following provisions of Part 7 shall have effect (with any necessary modifications) in relation to an appeal under this section as they have effect in relation to an appeal under that Part— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) section 144, (d) section 145, (e) section 146, (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The Commission may make an order under section 336(1) in relation to the whole, or any part or aspect of, a betting transaction. (3) An order under section 336(1) may make incidental provision; in particular, an order may make provision about— (a) the consequences of the order for bets connected with the bet which becomes void under the order; (b) the consequences of the order for other parts or aspects of a betting transaction one part or aspect of which becomes void under the order. (4) For the purposes of considering whether to make an order under section 336(1) in respect of a bet the Commission— (a) may require a person by or through whom the bet is made or accepted to provide information or documents in relation to it, and (b) may take into account information received from any other person. (5) A person commits an offence if without reasonable excuse he fails to comply with a requirement under subsection (4). (6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. (7) In section 336(4)(b) “industry rules” means rules established by an organisation having, by virtue of an agreement, instrument or enactment, responsibility for the conduct of races, competitions or other events or processes.

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338 Interim moratorium

(1) Where the Commission has reason to suspect that it may wish to make an order under section 336(1) in relation to a bet, the Commission may make an order under this subsection in relation to the bet. (2) While an order under subsection (1) has effect in relation to a bet, an obligation to pay money in relation to the bet (whether by way of stake, winnings, commission or otherwise) shall have no effect. (3) An order under subsection (1) shall have effect for the period of 14 days beginning with the day on which the order is made (subject to extension under subsection (4) and without prejudice to the making of a new order). (4) The Commission may by order extend the period for which an order under subsection (1) has effect; and— (a) an order under this subsection may extend that period by the addition of not more than 14 days, and (b) more than one order may be made under this subsection in relation to a bet. (5) The Commission may cancel an order under subsection (1) (without prejudice to the making of a new order). (6) The Commission shall cancel an order under subsection (1) as soon as is reasonably practicable after it ceases to entertain the suspicion mentioned in that subsection. (7) The Commission shall not be liable to make any payment on account only of the fact that it— (a) has made an order under subsection (1), and (b) not made a subsequent order under section 336(1). (8) But subsection (7) is without prejudice to any power of a court in legal proceedings (whether for tort or otherwise).

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339 Prize competitions

Participating in a competition or other arrangement under which a person may win a prize is not gambling for the purposes of this Act unless it is— (a) gaming within the meaning of section 6, (b) participating in a lottery within the meaning of section 14, or (c) betting within the meaning of sections 9 to 11.

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340 Foreign betting

Sections 9 to 9B of the Betting and Gaming Duties Act 1981 (c. 63) (prohibitions, for protection of the revenue, in relation to foreign betting) shall cease to have effect.

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341 Offence committed by body

(1) Subsection (2) applies where an offence under this Act is committed by a body of persons corporate or unincorporate (other than a partnership) and it is proved that the offence was committed— (a) with the consent or connivance of an officer of the body, or (b) as a result of the negligence of an officer of the body. (2) The officer, as well as the body, shall be guilty of the offence. (3) In subsection (1) a reference to an officer of a body includes a reference to— (a) a director, manager or secretary, (b) a person purporting to act as a director, manager or secretary, and (c) if the affairs of the body are arranged by its members, a member. (4) Where an offence under this Act is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence. (5) Where an offence under this Act is committed by a limited partnership, subsections (1) and (2) shall have effect, but as if a reference to an officer of the body were a reference to a partner. (6) In relation to the prosecution of a body of persons unincorporate for an offence under this Act, the body shall be treated for all procedural purposes as if it were a body corporate. (7) The Secretary of State may by regulations make provision for the modification of a provision of this section in its application to a body of persons formed under, or in so far as the body is recognised by, law having effect outside the United Kingdom.

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342 False information

(1) A person commits an offence if without reasonable excuse he gives to the Commission or a licensing authority for a purpose connected with a provision of this Act (whether or not in relation to an application under this Act) information which is— (a) false, or (b) misleading. (2) A person guilty of an offence under this section shall be liable on summary conviction to— (a) imprisonment for a term not exceeding 51 weeks, (b) a fine not exceeding level 5 on the standard scale, or (c) both. (3) In the application of subsection (2) to Scotland the reference to 51 weeks shall have effect as a reference to six months. (4) Where it appears to the Commission or a licensing authority that a decision under this Act was taken by them in reliance upon false or misleading information, they may do anything that they think expedient for the purpose of cancelling, terminating or varying an effect of the decision (but action under this subsection shall not make unlawful anything done before the action is taken).

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343 Value of prize

(1) Regulations prescribing a maximum value of prizes for a purpose of this Act may include provision for determining the value of a prize. (2) Regulations by virtue of subsection (1) may, in particular— (a) apply (with or without modification) or make provision similar to a provision of section 20 of the Betting and Gaming Duties Act 1981 (c. 63) (expenditure on bingo winnings); (b) confer a discretion on the Secretary of State, on the Gambling Commission or on another person; (c) provide for an appeal; (d) confer jurisdiction on a court or tribunal. (3) The imposition by or by virtue of this Act of a maximum on the value of a prize does not prevent an arrangement between a person who has won one or more prizes and a person who provides facilities for gambling whereby the prize or prizes are exchanged (whether for money or for one or more articles); provided that— (a) the amount of money or the value of the articles for which the prize or prizes are exchanged does not exceed the maximum amount or value of the prize, or the aggregate maximum amount or value of the prizes, that the person could lawfully have won, and (b) the nature of the substituted prize or prizes complies with any requirements of or by virtue of this Act as to the nature of the prize or prizes that the person could lawfully have won.

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344 Participation fees

(1) In this Act “participation fee” means an amount paid in respect of entitlement to participate in gambling; and for that purpose— (a) it is immaterial— (i) how a fee is described, (ii) whether a fee is payable in money or in money's worth, (iii) when and how a fee is payable, (iv) to whom a fee is payable, (b) a charge for admission to premises where gambling takes place shall be treated as a participation fee, (c) a membership subscription is not a participation fee (subject to subsections (2) and (3)), and (d) a stake is not a participation fee. (2) The Secretary of State may by regulations provide for a membership subscription to be treated as a participation fee in specified circumstances. (3) For the purposes of section 279, a membership subscription is a participation fee. (4) The Secretary of State may make regulations providing, in connection with the operation of a provision made by or by virtue of this Act in relation to a participation fee, for the apportionment of an amount which is payable partly in respect of entitlement to participate in gambling and partly in respect of another matter; and that provision may, in particular— (a) provide for apportionment by a specified person; (b) provide for apportionment in accordance with a specified formula or principle; (c) refer to the concept of reasonableness.

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345 Forfeiture

(1) A court by or before which a person is convicted of an offence under this Act may make an order for the forfeiture of an article that appears to the court to relate to the offence. (2) A forfeiture order— (a) may include such provision about the treatment of the article forfeited as the court thinks appropriate, and (b) subject to any provision made under paragraph (a), shall be treated as requiring any person in possession of the article to surrender it to a constable as soon as is reasonably practicable. (3) Where— (a) a court proposes to make a forfeiture order in respect of an article, and (b) a person notifies the court that he has an interest in the article, the court may not make the order without first giving the person an opportunity to make representations. (4) The court which made a forfeiture order may order that the forfeited article be given up to a person who claims to have an interest in it. (5) A person commits an offence if he fails to— (a) comply with a forfeiture order, or (b) co-operate with a step taken for the purpose of giving effect to a forfeiture order. (6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to— (a) imprisonment for a term not exceeding 51 weeks, (b) a fine not exceeding level 5 on the standard scale, or (c) both. (7) In the application of subsection (6) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

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346 Prosecution by licensing authority

(1) A licensing authority may institute criminal proceedings in respect of an offence under any of the following provisions of this Act— (a) section 37, (b) section 185, (c) section 186, (d) section 229, (e) section 242, (f) section 258, (g) section 259, (h) section 260, (i) section 261, (j) section 262, (k) section 326, (l) section 342, (m) paragraph 20 of Schedule 10, (n) paragraph 10 of Schedule 13, and (o) paragraph 20 of Schedule 14. (2) This section is without prejudice to section 222 of the Local Government Act 1972 (c. 70) (power of local authorities to prosecute or defend legal proceedings). (3) This section shall not apply to an authority in Scotland.

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347 Prosecution: time limit

(1) A magistrates' court may try an information for an offence under this Act provided that the information was laid within the period of twelve months beginning with the date (or last date) on which the offence is alleged to have been committed. (2) Section 127(1) of the Magistrates' Courts Act 1980 (c. 43) shall not apply to an offence under this Act.

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348 Excluded premises

(1) This Act shall have no effect in relation to anything done on, or in relation to any use of, premises of a kind specified for the purposes of this subsection by order of the Secretary of State. (2) This Act shall have no effect in relation to anything done on, or in relation to any use of, premises certified for the purposes of this subsection, on grounds relating to national security, by the Secretary of State or the Attorney General.

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349 Three-year licensing policy

(1) A licensing authority shall before each successive period of three years— (a) prepare a statement of the principles that they propose to apply in exercising their functions under this Act during that period, and (b) publish the statement. (2) A licensing authority shall— (a) review their statement under this section from time to time, (b) if they think it necessary in the light of a review, revise the statement, and (c) publish any revision before giving it effect. (3) In preparing a statement or revision under this section a licensing authority shall consult— (a) either— (i) in England and Wales, the chief officer of police for the authority's area, or (ii) in Scotland, the chief constable of the police force maintained for the police area comprising that area, (b) one or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authority's area, and (c) one or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authority's functions under this Act. (4) The Secretary of State may make regulations about— (a) the form of statements under this section; (b) the procedure to be followed in relation to the preparation, review or revision of statements under this section; (c) the publication of statements under this section. (5) In relation to statements prepared under this section by licensing authorities in Scotland, subsection (4) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers. (6) The Secretary of State shall by order appoint a day as the first day of the first period of three years for the purpose of this section. (7) Where a licensing authority is specified in an order under section 175 they shall ensure that their statement under this section includes the principles that they propose to apply in making determinations under paragraph 5 of Schedule 9.

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350 Exchange of information

(1) A person or body listed in Part 1 of Schedule 6 may provide information to any other person or body so listed for use in the exercise of a function under this Act. (2) A person or body listed in Part 1 of Schedule 6 may provide information obtained in the course of the exercise of a function under this Act to Her Majesty's Commissioners of Customs and Excise for use in the exercise of any function. (3) Provision of information in reliance on this section may be subject to conditions (whether as to use, storage, disposal or otherwise).

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351 Power to amend Schedule 6

(1) The Secretary of State may by order amend Schedule 6 so as to— (a) add an entry to a list (in Part 1, 2 or 3); (b) remove an entry from a list (in Part 1, 2 or 3); (c) move an entry from one list to another; (d) add, remove or vary a Note. (2) In particular, a Note relating to an entry for a person or body situated outside the United Kingdom may provide that the entry has effect only in relation to the law of a Part of the United Kingdom. (3) An entry added to a list in Schedule 6 may specify a person or body or a class or description of persons or bodies. (4) The power to add, remove or vary a Note may be exercised generally or in relation to a specified person or body or class or description of persons or bodies.

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352 Data protection

(1) Nothing in this Act authorises a disclosure which contravenes the data protection legislation . (2) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

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352A Wrongful disclosure

(1) Where the Commissioners for Her Majesty's Revenue and Customs provide information to a person under this Act, section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) shall apply to the disclosure of the information by the person as it applies to the disclosure of information in contravention of a provision of that Act. (2) But section 19 shall not apply to disclosure— (a) in accordance with this Act, (b) in accordance with another enactment, or (c) in circumstances specified in section 18(2)(c), (d), (e) or (h) of that Act. (3) In subsection (1)— (a) information provided to a person shall be treated as being provided both to him and to any person on whose behalf he acts or by whom he is employed, and (b) the reference to disclosure by the person to whom information was provided includes a reference to disclosure by any person acting on behalf of, or employed by, the person to whom the information was provided (or a person to whom it is treated as being provided by virtue of paragraph (a)). (4) In the application of section 18(2)(c) and (d) of that Act by virtue of subsection (2)(c) above a reference to functions of the Revenue and Customs shall be taken as a reference to functions of the person making the disclosure. (5) In the application of section 19 of that Act by virtue of subsection (1) above “revenue and customs information” means information provided by the Commissioners (but subject to the express exclusion in section 19(2)). (6) Section 19 of that Act shall, in so far as it applies by virtue of this section, be treated for the purposes of section 28 of this Act as an offence under this Act.

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353 Interpretation

(1) In this Act, except where the context otherwise requires— “adult” means an individual who is not a child or young person, “adult gaming centre” has the meaning given by section 237, “alcohol licence” has the meaning given by section 277, “authorised local authority officer” has the meaning given by section 304, “authorised person” has the meaning given by that section, “betting” has the meaning given by sections 9 to 11, 37 and 150, “betting intermediary” has the meaning given by section 13, “bingo” means any version of that game, irrespective of by what name it is described, “casino” has the meaning given by section 7, “casino game” has the meaning given by that section, “Category A gaming machine” (or B, C or D) means a gaming machine falling within Category A (or B, C or D) as prescribed under section 236, “chief constables of police forces” has the same meaning in relation to England and Wales as in the Police Act 1996 (c. 16), “child” has the meaning given by section 45, “club gaming permit” has the meaning given by section 271, “club machine permit” has the meaning given by section 273, “commercial club” has the meaning given by section 267, “the Commission” means the Gambling Commission, “director”— has the meaning given by section 250 of the Companies Act 2006, and includes a shadow director within the meaning of section 251 of that Act, “dog track” means premises which are designed, used or adapted for use for dog-racing, “draw”, in relation to a lottery, has the meaning given by section 255, ... “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, “enforcement officer” means a person designated or appointed as an enforcement officer under section 303, “equal chance gaming” has the meaning given by section 8, “exempt lottery” has the meaning given by section 258, “external lottery manager” has the meaning given by section 257, “fair” has the meaning given by section 286, “family entertainment centre” has the meaning given by section 238, “family entertainment centre gaming machine permit” has the meaning given by section 247, “football pools” means an arrangement whereby— people compete for prizes by forecasting the results of association football games, and each entry to the competition must forecast the results of at least four games, “gambling” has the meaning given by section 3, “gambling software” has the meaning given by section 41, “game of chance” has the meaning given by section 6, “gaming” has the meaning given by that section, “gaming machine” has the meaning given by section 235, “horse-race course” means premises which are designed, used or adapted for use for horse-racing, “horse-race pool betting” has the meaning given by section 12, “large casino” has the meaning given by regulations under section 7(5), “licensed family entertainment centre” has the meaning given by section 238, “licensed premises gaming machine permit” has the meaning given by section 283, “the licensing objectives” has the meaning given by section 1, “licensing authority” has the meaning given by section 2, “lottery” has the meaning given by section 14 (and section 256), “lottery manager's operating licence” has the meaning given by section 98, “lottery ticket” has the meaning given by section 253, “machine” has the meaning given by section 235(3)(a), “members' club” has the meaning given by section 266, “miners' welfare institute” has the meaning given by section 268, “the National Lottery” has the meaning given by section 1 of the National Lottery etc. Act 1993 (c. 39)), “non-commercial betting” has the meaning given by section 302, “non-commercial gaming” has the meaning given by section 297, “non-commercial society” has the meaning given by section 19, “occasional use notice” means a notice given under section 39, “operating licence” means a licence issued under Part 5, “on-premises alcohol licence” has the meaning given by section 277, “participant”, in relation to a game of chance, includes a person who discharges an administrative or other function in relation to the game, “participation fee” has the meaning given by section 344, “passenger vessel” means a vessel which is carrying or expected to carry at least one passenger, “personal licence” means a licence issued under Part 6, “pool betting” has the meaning given by section 12, “premises” includes any place and, in particular— a vessel, and a vehicle, “premises licence” means a licence issued under Part 8, “private betting” has the meaning given by section 295 and Part 2 of Schedule 15, “private gaming” has the meaning given by section 295 and Part 1 of Schedule 15, “private gain” is to be construed in accordance with section 19(3), “prize” in relation to gaming (except in the context of a gaming machine) has the meaning given by section 6, “prize” in relation to a gaming machine has the meaning given by section 239, “prize” in relation to a lottery has the meaning given by section 14, “prize gaming” has the meaning given by section 288, “prize gaming permit” has the meaning given by section 289, “proceeds”, in relation to a lottery, has the meaning given by section 254, “profits”, in relation to a lottery, has the meaning given by that section, “profits”, in relation to non-commercial prize gaming, has the meaning given by section 299, “racecourse” means premises on any part of which a race takes place or is intended to take place, “real”, in relation to a game, event or process means non-virtual, “relevant offence” has the meaning given by section 126 and Schedule 7, “remote communication” has the meaning given by section 4, “remote gambling” has the meaning given by that section, “remote gambling equipment” has the meaning given by section 36, “remote operating licence” has the meaning given by section 67, “rollover”, in relation to a lottery, has the meaning given by section 256, “small casino” has the meaning given by regulations under section 7(5), “society” includes a branch or section of a society, “stake” means an amount paid or risked in connection with gambling and which either— is used in calculating the amount of the winnings or the value of the prize that the person making the stake receives if successful, or is used in calculating the total amount of winnings or value of prizes in respect of the gambling in which the person making the stake participates, “supply” includes— sale, lease, and placing on premises with permission or in accordance with a contract or other arrangement, “temporary use notice” has the meaning given by section 215, “track” means a horse-race course, dog track or other premises on any part of which a race or other sporting event takes place or is intended to take place, “travelling fair” has the meaning given by section 286, “vehicle” includes— a train, an aircraft, a seaplane, and an amphibious vehicle (other than a hovercraft within the meaning of the Hovercraft Act 1968 (c. 59)), “vessel” includes— anything, other than a seaplane or an amphibious vehicle, designed or adapted for navigation or other use in, on or over water, a hovercraft (within the meaning of the Hovercraft Act 1968), and, anything, or any part of any place, situated in or on water, “virtual” has the meaning given by subsection (3) below, “winnings”, in relation to a bet, means anything won, whether in money or in money's worth, and “young person” has the meaning given by section 45. (2) In this Act, except where the context otherwise requires— (a) a reference to accepting a bet includes a reference to negotiating a bet, (b) a reference to advertising is to be construed in accordance with section 327, (c) a reference to participating in a lottery is to be construed in accordance with section 14, (d) a reference to installing computer software includes a reference to downloading computer software, (e) a reference to paying winnings in relation to a bet includes a reference to providing a prize in money's worth, (f) a reference to postal services does not include a reference to facsimile transmission, (g) a reference to premises includes a reference to part of premises, (h) a reference to promoting a lottery is to be construed in accordance with section 252, (i) a reference to providing facilities for gambling is to be construed in accordance with section 5, (j) a reference to publication includes a reference to display, and (k) a reference to the sale, supply or purchase of a lottery ticket is to be construed in accordance with section 253. (3) For the purposes of this Act a reference to a virtual game, race or other event or process is a reference to— (a) images generated by computer so as to resemble all or part of a game, race or other event or process of a kind that is played by or involves actual people, animals or things, (b) images generated by computer so as to represent an imaginary game, race or other event or process, or (c) any game, race or other event or process the result of which is determined by computer. (4) A requirement under this Act to give a notice (or to notify) is a requirement to give notice in writing; and for that purpose— (a) a message sent by facsimile transmission or electronic mail shall be treated as a notice given in writing, and (b) a notice sent to a licensee at the address specified for that purpose in the licence shall, unless the contrary is proved, be treated as reaching him within a period within which it could reasonably be expected to reach him in the ordinary course of events. (5) A reference in this Act to an act which is authorised by a licence or other document does not include a reference to an act which would be authorised by the licence or document but for failure to comply with a term or condition.

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354 Crown application

(1) This Act binds the Crown. (2) But this Act shall have no effect in relation to anything done on, or in relation to any use of, premises occupied (temporarily or permanently) by any of Her Majesty's forces (within the meaning of the Armed Forces Act 2006) (3) Section 40(3) of the Fire Precautions Act 1971 (c. 40) (conversion of reference to fire and rescue authority into reference to Her Majesty's Fire Inspectorate in relation to Crown premises) shall apply to a provision of this Act as it applies to provisions of that Act (but with the substitution for the reference to section 40(1) of a reference to subsection (1) above). A reference to a responsible authority (being an authority mentioned in section 157(f) in a provision of this Act which, by virtue of subsection (1), applies to premises owned or occupied by the Crown shall have effect as if the reference were a reference to the enforcing authority (as defined in section 61(9) of the Fire Scotland Act 2005 (asp 5)).

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355 Regulations, orders and rules

(1) Regulations or rules under this Act, or an order of the Secretary of State , the Welsh Ministers or the Scottish Ministers under this Act— (a) may make provision which applies generally or only for specified purposes or in specified cases or circumstances, (b) may make different provision for different purposes, cases or circumstances, and (c) may include incidental, consequential or transitional provision. (2) A provision of this Act which permits regulations, rules or an order to make provision of a specified kind is without prejudice to the generality of subsection (1). (3) Regulations or rules under this Act, or an order of the Secretary of State or the Welsh Ministers under this Act, shall be made by statutory instrument. (4) Regulations under any of the following provisions shall not be made by the Secretary of State unless a draft has been laid before and approved by resolution of each House of Parliament— (a) section 4, (b) section 6, (c) section 7, (d) section 14, (e) section 78, (f) section 123, (g) section 167, (h) section 168, (i) section 236, and (j) section 328. (5) Regulations or rules made by a Minister of the Crown under any other provision of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) An order of the Secretary of State under this Act shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (subject to subsections (7) and (8)). (7) Subsection (6) shall not apply to an order under section 349(6), to an order under section 351 other than an order adding an entry to the list in Part 2 or 3 of Schedule 6 or to an order under Part 2 of Schedule 7 or Part 2 of Schedule 18, which shall instead be subject to annulment in pursuance of a resolution of either House of Parliament. (8) Subsection (6) shall not apply to an order under section 358; but— (a) an order under section 358(1) which includes provision made by virtue of section 358(4) or by virtue of Part 1 of Schedule 18 shall be subject to annulment in pursuance of a resolution of either House of Parliament, and (b) an order under section 358(5) or (6) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament. (8A) An order of the Welsh Ministers under section 172 shall not be made unless a draft has been laid before and approved by resolution of the National Assembly for Wales. (9) Subsection (3) does not apply to regulations made by the Scottish Ministers (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: functions exercisable by Scottish statutory instrument). (10) Regulations made by the Scottish Ministers under a provision specified in subsection (4), or under section 285, and an order made by the Scottish Ministers under section 172, shall be subject to the affirmative procedure. (11) Any other regulations made by the Scottish Ministers under a provision of this Act shall be subject to the negative procedure.

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356 Amendments and repeals

(1) Schedule 16 (minor and consequential amendments) shall have effect. (2) An amendment in that Schedule shall have the same extent as the enactment amended (or as the relevant portion of the enactment amended). (3) The following shall cease to have effect— (a) the Gaming Act 1710 (c. 19), (b) the Gaming Act 1738 (c. 28), (c) the Gaming Act 1835 (c. 41), (d) the Gaming Act 1845 (c. 109), (e) the Gaming Act 1892 (c. 9), (f) the Betting, Gaming and Lotteries Act 1963 (c. 2), (g) the Gaming Act 1968 (c. 65), (h) the Lotteries Act 1975 (c. 58), and (i) the Lotteries and Amusements Act 1976 (c. 32). (4) The enactments listed in Schedule 17 are hereby repealed to the extent specified. (5) A repeal in that Schedule shall have the same extent as the provision repealed (subject to the Note to that Schedule).

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357 Money

(1) Expenditure of a Minister of the Crown in connection with this Act shall be paid out of money provided by Parliament. (2) A sum received by a Minister of the Crown in connection with this Act shall be paid into the Consolidated Fund.

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358 Commencement

(1) The preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order. (2) An order under subsection (1) may (without prejudice to the generality of section 355(1))— (a) bring only specified provisions into force; (b) bring different provisions into force at different times; (c) bring a provision into force for a specified purpose only; (d) bring a provision into force at different times for different purposes; (e) in particular, bring Part 2 into force only for specified preliminary purposes relating to the establishment of the Commission (which may include the assumption of functions of the Gaming Board for Great Britain pending the commencement of repeals made by this Act); (f) in particular, bring a provision of this Act into force for the purpose of enabling an advance application for a licence or permit to be made, considered and determined; (g) in particular, bring an offence or other provision of this Act into force only in relation to gambling of a specified class or in specified circumstances; (h) include transitional provision modifying the application of a provision of this Act pending the commencement of, or pending the doing of anything under, a provision of another enactment. (3) Schedule 18 (transitional) shall have effect. (4) Without prejudice to the generality of section 355(1)(c) or of Schedule 18, an order under this section may— (a) make savings (with or without modification) or transitional provision in connection with Part 1 or 2 of the Horserace Betting and Olympic Lottery Act 2004 (c. 25) (sale of the Horserace Totalisator Board (“the Tote”) and abolition of the horserace betting levy system); (b) modify a provision of this Act in its application in relation to a matter addressed by Part 1 or 2 of that Act or so as to reflect a provision of Part 1 or 2 of that Act; (c) modify a provision of Part 1 or 2 of that Act (including a provision which amends another enactment) so as to reflect a provision of this Act. (5) If the Secretary of State brings into force a repeal effected by this Act at a time when the appointed day for the purposes of Part 1 of that Act has not been appointed or has not arrived, he may by order— (a) save, with or without modification, a provision repealed by this Act in so far as it relates to the Tote; (b) make provision in connection with the Tote of a kind similar to provision made by a provision repealed by this Act; (c) modify a provision of this Act for a purpose connected with the Tote; (d) modify a provision of Part 1 of that Act (including a provision which amends another enactment) so as to reflect a provision of this Act. (6) If the Secretary of State wholly or partly brings into force the repeal by this Act of the Betting, Gaming and Lotteries Act 1963 (c. 2) at a time when the provisions listed in section 15(1)(a) to (c) of the Horserace Betting and Olympic Lottery Act 2004 (horserace betting levy system) have not been entirely repealed by order under that section, he may by order— (a) save any of those provisions, with or without modification; (b) make provision of a kind similar to any of those provisions; (c) modify a provision of this Act for a purpose connected with a matter addressed by any of those provisions or by Part 2 of that Act; (d) modify a provision of Part 2 of that Act (including a provision which amends another enactment) so as to reflect a provision of this Act.

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