Deregulation (Gaming Machines and Betting Office Facilities) Order 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/1359 |
1996No. 1359
DEREGULATION
BETTING, GAMING AND LOTTERIES
The Deregulation (Gaming Machines and Betting Office
Facilities) Order 1996
23rdMay1996
20thJune1996
Whereas-
(a) the Secretary of State is of the opinion that certain provisions of the Betting, Gaming and Lotteries Act 1963( a) and the Gaming Act 1968( b), which are the subject of this Order, impose burdens affecting persons carrying on of a trade business, profession or otherwise and that by amending or repealing the provisions concerned and by making certain other provision it is possible to remove or reduce the burdens without removing any necessary protection;(b) he has consulted such organisations as appear to him to be representative of interests substantially affected by his proposals and such other persons as he considers appropriate;(c) it appears to the Secretary of State that it is appropriate, following that consultation, to proceed with the making of this Order;(d) a document setting out the Secretary of State's proposals has been laid before Parliament as required by section 3 of the Deregulation and Contracting Out Act 1994( c) and the period for Parliamentary consideration under section 4 of that Act has expired;(e) the Secretary of State has had regard to the representations made during that period;(f) a draft of this Order has been laid before Parliament with a statement giving details of such representations and the changes to the Secretary of State's proposals in the light of those representations; and(g) a draft of this Order has been approved by resolution of each House of Parliament.Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 1 of the Deregulation and Contracting Out Act 1994, hereby makes the following Order:
Citation, commencement and extent
1.-(1) This Order may be cited as the Deregulation (Gaming Machines and Betting Office Facilities) Order 1996 and shall come into force 28 days after the day on which it is made.
(2) This Order does not extend to Northern Ireland.
(a) 1963 c.2.
(b) 1968 c.65.
(c) 1994 c.40.
Interpretation
2. In this Order "the 1963 Act" means the Betting, Gaming and Lotteries Act 1963 and "the 1968 Act" means the Gaming Act 1968.
Relaxation of restrictions on conduct of licensed betting offices
3. In section 9 of the 1963 Act (betting office licences and betting agency permits) at the end of subsection (1), there shall be inserted-
"except where the use consists of the use of the premises as a place where persons may collect amounts payable by way of winnings in respect of competitions of the kind mentioned in section 1(4A)(a) of this Act( a).".
4.-(1) Schedule 4 to the 1963 Act( b) (Rules for licensed betting offices) shall be amended as follows.
(2) In paragraph 1 (prohibition of use of licensed betting office for any purpose other than the effecting of betting transactions) after "prescribed, and" there shall be inserted ", subject to paragraphs 10A to 10C of this Schedule,".
(3) After paragraph 10 there shall be inserted-
"10A. Machines to which Part III of the Gaming Act 1968 (gaming machines) applies may be used on the licensed premises, but only if-
(a) they are machines in respect of which the conditions mentioned in section 34(5A) of the Gaming Act 1968 are observed (cash prizes only), and(b) they do not exceed two in number.10B. Publications may be sold on the licensed premises, but only if they are racing periodicals or specialist betting publications.
10C. The licensed premises may be used for-
(a) the sale of tickets in any lottery other than-(i) a private lottery within the meaning of the Lotteries and Amusements Act 1976, or(ii) a lottery the sale of tickets in which on the licensed premises is otherwise prohibited,(b) the collection of amounts payable by way of winnings in any lottery for the sale of whose tickets the premises may be used,(c) the delivery of entry forms and stakes relating to competitions in which success depends to a substantial degree on the exercise of skill, and(d) the collection of amounts payable by way of winnings in any such competition as is mentioned in sub-paragraph (c) of this paragraph.".Relaxation of restriction on number of machines in licensed or registered premises
5. In section 31 of the 1968 Act (use of machines by virtue of licence or registration) for subsection (2) there shall be substituted-
"(2) The maximum number of machines to which this Part of this Act applies which may be made available for gaming shall be-
(a) in the case of premises in respect of which a club or a miners' welfare institute is for the time being registered under Part II or under this Part of this Act, three,(b) in the case of bingo club premises (as defined by section 20 of this Act), four, and(c) in the case of any other premises in respect of which a licence under this Act is for the time being in force, six.".(a) Section 1 was amended and subsection (4A) inserted by section 56 of the National Lottery etc. Act 1993 (c.39).
(b) Schedule 4 to the 1963 Act was amended by the Betting, Gaming and Lotteries Act 1963 (Schedule 4) (Amendment) Orders 1986 (S.I. 1986/11) and 1995 (S.I. 1995/579).
Relaxation of restrictions on use of machines for amusement purposes
6.-(1) Section 34 of the 1968 Act (uses of gaming machines for amusement purposes otherwise than at non-commercial entertainments) shall be amended as follows.
(2) In subsection (1) (which lists the premises in relation to which the conditions specified in the section apply)-
(a) for "the following provisions of this section" there shall be substituted "subsections (2) to (3) and (5) of this section",(b) for paragraph (a) there shall be substituted-"(a) on any amusement machine premises in respect of which there is for the time being in force a permit under this section which-(i) is...To continue reading
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