The Gambling Act 2005 (Advertising of Foreign Gambling) (Amendment) (No.2) Regulations 2008

JurisdictionUK Non-devolved
CitationSI 2008/2829
Year2008

2008 No. 2829

Betting, Gaming And Lotteries

The Gambling Act 2005 (Advertising of Foreign Gambling) (Amendment) (No.2) Regulations 2008

Made 28th October 2008

Laid before Parliament 30th October 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 331(4) and 355(1) of the Gambling Act 20051.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Gambling Act 2005 (Advertising of Foreign Gambling) (Amendment) (No.2) Regulations 2008 and shall come into force on 20th November 2008.

(2) In these Regulations “the Act” means the Gambling Act 2005.

S-2 Amendment to the Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 2007

Amendment to the Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 2007

2.—(1) The Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 20072shall be amended as follows.

(2) For regulation 2 substitute—

S-2

2.—(1) This regulation specifies for the purposes of subsection (4) of section 331 of the Act (prohibition on the advertising of gambling taking place or originating from a non-EEA State3the places which are to be treated for the purposes of subsection (2) of that section as if they were an EEA State, but only in so far as that subsection applies to remote gambling4.

(2) The places referred to in paragraph (1) are—

(a)

(a) the Island of Alderney,

(b)

(b) Tasmania, and

(c)

(c) Antigua and Barbuda.”.

S-3 Revocation

Revocation

3. The Gambling Act 2005 (Amendment of Foreign Gambling) (Amendment) Regulations 20085are revoked.

Gerry Sutcliffe

Parliamentary Under Secretary of State

Department for Culture, Media and Sport

28th October 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 2007 (referred to in this note as the “Principal Regulations”).

Section 331 of the Gambling Act 2005 (“the Act”) makes it unlawful to advertise foreign gambling other than a lottery (which is dealt with in Part 11 of the Act). Foreign gambling is defined in subsection (2) of section 331 of the Act. Non-remote gambling constitutes foreign gambling if it takes place in a non-EEA State, and remote gambling constitutes foreign gambling if none of the arrangements for it are subject to the laws of an EEA State. Gibraltar is treated as an EEA State for these...

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