Pool Competitions Act 1971
| Jurisdiction | UK Non-devolved |
| Citation | 1971 c. 57 |
| Year | 1971 |
Pool Competitions Act 1971
1971 CHAPTER 57
An Act to make provisions as respects certain competitions conducted by registered pool promoters.
[27th July 1971]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Pool competitions conducted for benefit of charitable or other societies.
(1) If a registered pool promoter satisfies the Gaming Board for Great Britain (in this Act called ‘the Board’) that in the qualifying period he held at least 9 competitions—
(a ) each of which was a competition for prizes depending on sporting events, being a competition for prizes as defined by this Act, and
(b ) each of which fulfilled the conditions in subsection (2) below,
the Board shall, subject to the provisions of this Act, grant a certificate to the registered pool promoter.
(2) The said conditions are that—
(a ) each of the said competitions for prizes has been to the financial benefit of a society established and conducted wholly or mainly for one or more of the following purposes, that is—
(i) charitable purposes,
(ii) participation in or support of athletic sports or games or cultural activities,
(iii) purposes which, not being described in paragraph (i) or (ii), are neither purposes of private gain nor purposes of any commercial undertaking; and
(b ) each of the said competitions for prizes would have constituted pool betting business complying with the requirements of paragraph 13 of Schedule 2 to the Betting, Gaming and Lotteries Act 1963 (conduct of registered pool promoter's business) on the assumption that the entries and entry moneys were bets and stakes, that all the competitors had made forecasts as to the outcome of the relevant sporting events and the prizes had been for making such forecasts.
(3) If a registered pool promoter (in this subsection called ‘the successor’) satisfies the Board—
(a ) that he is carrying on the business, or a substantial part of the business, which was carried on during the qualifying period by some other registered pool promoter, and
(b ) that the other promoter is, in respect of competitions held as part of that business, entitled to a certificate under this section (or would be so entitled but for death or dissolution),
the Board may, if they think fit, grant a certificate under this Act to the successor.
(4) A certificate under subsection (1) or subsection (3) above—
(a ) shall name or identify the society or societies benefiting from the said competitions for prizes held in the qualifying period, and
(b ) if the certificate is under subsection (3) above, shall name or identify the promoter previously carrying on the business,
and in relation to a licence granted under this Act to the holder of the certificate ‘the relevant society’ means the society or societies so named or identified.
(5) An application for a certificate under this section shall be in writing, and shall be in such form, and accompanied by such information, as the Board may require.
(6) For the purposes of this section a society shall not be regarded as established and conducted for purposes of private gain by reason only that proceeds of any entertainment, lottery, gaming or amusement promoted on behalf of the society are applied to any purpose calculated to benefit the society as a whole, and that their application for that purpose results in benefit to any person as an individual.
(7) In the application of subsection (2) above to Scotland ‘charitable’ is to the construed in the same way as if it were contained in the Income Tax Acts.
2 Licence to promote competitions.
(1) The Board may grant to a person who is a registered pool promoter and who holds a certificate under this Act a licence which, subject to provisions of this section, authorises the holder of the licence to hold competitions for prizes.
(2) The Board shall, so far as practicable, exercise their powers of granting licences under this Act so as to secure that each of the societies named or identified in a certificate under this Act will derive financial benefit from competitions for prizes authorised by a licence under this Act.
(3) The Board shall attach to a licence under this Act such terms and conditions as are in their opinion needed for the purpose set out in subsection (2) above and, in discharging their duty, the Board shall have regard—
(a ) to the yearly amount of financial benefit which any relevant society is likely to derive from competitions for prizes authorised by the licence, and
(b ) to the amount of the financial benefit which the society derived from competitions for prizes held in the qualifying period.
(4) The Board shall attach to a licence under this Act such terms and conditions as in their opinion are appropriate—
(a ) for the purpose of safeguarding the interests of competitors,
(b ) for affording to competitors full information as respects the rules of the competitions authorised by the licence, and any related schemes or arrangements, the disposal and application of money collected by way of entry money or otherwise, and the identities of the relevant society and of the holder of the licence.
(5) For the purposes of—
(a ) paragraph 13 of Schedule 2 to the Betting, Gaming and Lotteries Act 1963 ,
(b ) Part III of that Act (lotteries), and
(c ) section 3 of the Betting Duties Act 1963 (definition of pool betting)
where a competition for prizes is duly authorised by a licence under this Act—
(i) entries and entry payments under the competition shall be deemed to be bets and stakes respectively, and
(ii) competitors in the competition shall be deemed to make forecasts (if and in so far as they would not otherwise be regarded as doing so),
(iii) the competition shall be deemed to be for prizes for making forecasts as to sporting events.
3 Licences: further provisions.
(1) Subject to the preceding provisions of this Act, the Board may attach to a licence under this Act any terms or conditions, and in particular—
(a ) any terms or conditions as to the number or kind of competitions for prizes authorised by the licence,
(b ) any terms or conditions as to entry money, or any other money to be collected for or in connection with a competition for prizes authorised by the licence, and the manner in which the money may be collected.
(2) A licence under this Act may be cancelled at any time, and any term or condition may be imposed or varied or withdrawn at any time.
(3) If the Commissioners of Customs and Excise certify to the Board that any pool betting duty payable by the holder of a licence under this Act remains unpaid, the Board shall cancel the licence.
(4) The period for which a licence under this Act is valid shall be stated in the licence, and shall be a period of twelve months, or such shorter period as may be requested by the applicant.
This subsection is without prejudice to the power to grant a licence by way of renewal of a licence due to expire, or expired, and without prejudice to the provisions of this section about the cancellation of licences.
(5) If a licence under this Act provides that entry money, or any other money to be collected for or in connection with a competition for prizes authorised by...
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