The Regulatory Reform (Gaming Machines) Order 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/3275 |
| Year | 2003 |
2003 No. 3275
REGULATORY REFORM
The Regulatory Reform (Gaming Machines) Order 2003
Made 15th December 2003
Coming into force 16th December 2003
Whereas:
(a) the Secretary of State for the Home Department consulted—
such organisations as appeared to him to be representative of interests substantially affected by his proposals for this Order;
the statutory bodies to whose functions his proposals related;
organisations representative of such bodies; and
such other persons as he considered appropriate;
(b) the Secretary of State for Culture, Media and Sport1(“the Secretary of State”) consulted the National Assembly for Wales;
(c) following the consultation mentioned in paragraphs (a) and (b) the Secretary of State considered it appropriate to proceed with the making of this Order;
(d) a document containing the Secretary of State’s proposals was laid before Parliament as required by section 6 of the Regulatory Reform Act 20012and the period for Parliamentary consideration under section 8 of that Act expired;
(e) the Secretary of State had regard to the representations made during that period and in particular to—
the thirteenth Report of Session 2002-03 of the House of Commons Regulatory Reform Committee; and
the nineteenth Report of Session 2002-03 of the House of Lords Delegated Powers and Regulatory Reform Committee;
(f) a draft of this Order was laid before Parliament with a statement giving details of those representations and the changes to the Secretary of State’s proposals in the light of them;
(g) the draft was approved by resolution of each House of Parliament;
(h) the Secretary of State is of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise; and
(i) this Order creates burdens affecting persons in the carrying on of certain activities, and the Secretary of State is of the opinion that—
the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burdens being created, and
the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made;
Now, therefore the Secretary of State, in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001, hereby makes the following Order:
Citation, commencement and extent
1.—(1) This Order may be cited as the Regulatory Reform (Gaming Machines) Order 2003 and shall come into force on the day after it is made.
(2) This Order shall not extend to Northern Ireland.
Amendment of Part III of the Gaming Act 1968
2.—(1) Part III of the Gaming Act 19683shall be amended in accordance with the following provisions of this article.
(2) In section 26 (machines to which Part III applies), in subsection (1)(b), omit “in the form of cash or tokens”.
(3) In section 31 (use of gaming machines by virtue of licence or registration), in subsection (3), for “shall be a coin or coins inserted in the machine of an amount not exceeding (or, if more than one, not in the aggregate exceeding)” substitute “shall not exceed”.
(4) After section 31(3) insert—
“3A Where any such machine on the premises is able to accept payment of the charge for play in any form other than cash, any object capable of being inserted into the machine to pay for a game or games must be redeemable in accordance with subsection (3B) of this section.
3B Any such object is redeemable in accordance with this subsection if—
(a) it is redeemable on demand at the premises where the machine is used for gaming at any time when a machine to which this Part of this Act applies is available for use for gaming at those premises;
(b) a payment for redeeming it must be made in cash or by cheque (or partly in cash and partly by cheque);
(c) any such payment must be of the appropriate amount.
3C The appropriate amount is—
where—
A is the amount paid by or on behalf of the player for the use of the object;
B is the amount of any prize credited to the object in accordance with subsection (5B) of this section;
C is the amount charged for one or more services, where the object has been used to pay for the services.
3D Subsections (3E) to (3H) of this section apply if—
(a) a player inserts into any such machine on the premises something which is recognised by the machine as having a value exceeding the highest coin value;
(b) the machine immediately holds to the player’s credit an amount in respect of the thing (“the initial amount”) for the purpose of paying the charge for play for playing games by means of the machine.
3E The initial amount must not exceed the highest coin value.
3F The machine must not hold any further amount to the player’s credit for the purpose of paying the charge for play for playing games by means of the...
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