Made | 6th August 2007 | ||
Laid before Parliament | 7th August 2007 | ||
Coming into force in accordance with regulation 1 |
(2) For the purposes of these Regulations a person is to be treated as using a gaming machine once, even where he uses the machine to gamble more than once, if the payment for each gamble is made before he is able to know the result of any of them.
(3) Paragraph (2) does not apply in relation to a gaming machine in respect of which—
(4) In paragraph (3) "token" means an object of money's worth.
(5) Subject to paragraph (6), in these Regulations "money prize" means a prize—
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and "non-money prize" is any prize which is not a money prize.
(6) A document or object is not a money prize if it is something which ordinarily is capable of being used for a purpose other than one referred to in paragraph (5)(b).
Display of information
3.
—(1) A gaming machine shall display the following information—
(2) Subject to paragraphs (3) and (4), a gaming machine shall display information—
(3) A gaming machine is to be treated as having complied with the requirement in paragraph (2) if—
(4) Paragraph (2) does not apply to a Category D gaming machine in relation to which there is no mechanism for recording—
in which case the machine shall display information stating that the machine provides facilities for gambling.
(5) Subject to paragraph (3), the information required by paragraphs (1), (2) and (4)—
(6) Information displayed in accordance with this regulation may take the form of any combination of letters, numbers or symbols.
Methods of payment
4.
—(1) A gaming machine shall not be made available for use if it is designed or adapted to permit money to be paid by means of a credit card or debit card.
(2) A person making a gaming machine available for use shall not participate in, arrange, permit or knowingly facilitate payment of a charge for use by means of a credit card.
(3) In this regulation—
Minimum payment amount
5.
A gaming machine shall not be made available for use if a person can use the machine to gamble once by paying an amount which is not a whole number of pence.
Nature of prizes
6.
—(1) A Category A, B or C gaming machine shall not provide an opportunity to win a non-money prize from use of the machine.
(2) A Category D gaming machine shall not provide an opportunity to win a proscribed non-money prize from use of the machine.
(3) In this regulation "proscribed non-money prize" means a good or service which it is illegal to supply or sell to a child or young person under the laws of the place where the gaming machine is made available for use.
Payment limits
7.
—(1) Subject to regulation 9, where a gaming machine is made available for use, a person must not be able, by means of a single action, to make a payment in respect of the use of the machine which exceeds, in any case to which paragraphs (2) to (7) apply, the amount specified in the relevant paragraph.
(2) In relation to—
the amount is £20.
(3) In relation to a Category B or C machine where—
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the amount is £20.
(4) In relation to a Category B1, B2 or B3 machine where—
(c) the machine is manufactured before 1st September 2007, and
(d) immediately before that date the machine is designed or adapted for payments of money's worth to be made in relation to its use,
the amount is £100.
(5) In relation to a Category B1, B2 or B3 machine which meets the conditions in sub-paragraphs (a) to (c) of paragraph (4), but in respect of which the condition in sub-paragraph (b) is not met, the amount is £20.
(6) In relation to a Category B3A, B4 or C machine where—
the amount is £20.
(7) In relation to a Category D machine, where the payment is of money or money's worth, the amount is £2.
(8) The supervision condition is that a payment of money's worth in respect of the use of a Category B1, B2 or B3 gaming machine must—
(9) The collection condition is that a payment of money's worth in respect of the use of a Category B1, B2 or B3 gaming machine must be made by means of—
(10) In this regulation—
(11) Where a person makes a payment in respect of a gaming machine, only those amounts of the payment which are—
are to be counted for the purposes of paragraphs (1) to (7).
(12) Nothing in this regulation shall prevent a person, by means of a series of actions, from making one or more payments which exceed the limits specified in paragraphs (2) to (7) provided that in each case the amount paid by means of a single action complies with the relevant limit.
Payment limits: transitional provisions
8.
—(1) The limits imposed by regulation 7 on payments in respect of the use of—
do not apply until 1st September 2008.
(2) The limit imposed by regulation 7 on payments made in respect of the use of a Category B or C gaming machine in the circumstances specified in paragraphs (3)(a) and (b) of that regulation does not apply in the case of a gaming machine manufactured before 1st March 2008, until 1st September 2008.
Committed payment limits
9.
—(1) This regulation is subject to regulation 11.
(2) Where a Category A, B or C gaming machine is made available for use, a person must not be able, by means of a single action, to make a committed payment in respect of the use of the machine which exceeds—
(3) A committed payment is a payment of money or money's worth where—
(4) In these Regulations "committed amount", in relation to a gaming machine, means an amount of money or money's worth—
(5) Where a part (but not the whole) of a payment is treated in one of the ways described in paragraph (3) the amount of that part of the payment must not exceed the limit specified in paragraph (2) in relation to the relevant category of machine.
(6) Paragraph (5) is without prejudice to any limit which may apply to the whole of the payment by virtue of regulation 7.
(7) Where a person using a gaming machine performs an action whose effect is to cause an amount held as part of the deposited sum to be—
that action is to be treated for the purposes of this regulation as the making of a committed payment.
(8) Nothing in this regulation shall prevent a person, by means of a series of actions, from making one or more payments which exceed the limits specified in paragraph (2) provided that in each case the amount paid by means of a single action complies with the relevant limit.
(9) In these Regulations "the deposited sum", in relation to a gaming machine, means the amount of money or money's worth—
(10) The limit in paragraph (2) does not apply, in the case of a Category A or B2 gaming machine which is designed or adapted to allow a person to pay a charge for use by using an amount of the deposited sum in relation to the machine, until 1st March 2008.
Autoplay
10.
—(1) This regulation applies to a gaming machine, other than a casino jackpot gaming machine, which—
(2) Subject to the following provisions of this regulation, a charge for use in respect of such a gaming machine must not be payable by means of an autoplay facility.
(3) The prohibition in paragraph (2) does not apply to a gaming machine which is designed or adapted so that it meets the conditions in paragraphs (4) and (5).
(4) The first condition is that—
(5) The second condition is that each amount dealt with in accordance with paragraph (4)(a) does not exceed—
(6) In these Regulations—
(b) on or after 1st September 2007 is not adapted, other than—
(7) The prohibition in paragraph (2) does not apply, in the case of a gaming machine manufactured before 1st March 2008, until 1st September 2008.
Special provision for Category A and B2 machines
11.
—(1) This regulation applies to a Category A or B2 gaming machine which is designed or adapted to allow a person to pay a charge for use by using an amount of the deposited sum in relation to the machine.
(2) The limit specified in regulation 9(2)(a) does not apply to the payment, in relation to such a machine, of a charge for use which exceeds £10; and, instead, any such payment is subject to the following provisions of this regulation.
(3) Subject to paragraph (5), where the machine is made available for use, the arrangements for the use of the machine must ensure that, for each permitted amount that a person wants to include in the amount he pays as a charge for use, he performs a separate action in relation to the machine to indicate that he wants to use that amount for that purpose.
(4) In this regulation, "permitted amount" is an amount not exceeding £10.
(5) Paragraph (3) does not apply where the conditions set out in paragraph (6), and either the condition set out in paragraph (7) or that in paragraph (8), are met.
(6) The conditions are that—
(7) Where the charge for use referred to in paragraph (6)(d) does not exceed the amount referred to in paragraph (6)(a), a person is required to take at least two separate actions in relation to the machine in order to pay the charge for use.
(8) Where the charge for use referred to in paragraph (6)(d) exceeds the amount referred to in paragraph (6)(a), a person is required to perform at least the required actions in relation to the machine in order to pay that charge for use.
(9) In paragraph (8), the required actions are—
(10) In paragraph (9), "the original sum" means the amount referred to in paragraph (6)(a).
Residues
12.
—(1) A gaming machine which is made available for use may not retain the deposited sum in relation to the machine (referred to below as retaining a "residue") unless the deposited sum—
(2) Where a gaming machine, which is designed or adapted to retain a residue as permitted by paragraph (1), is made available for use—
(3) Where a gaming machine is designed or adapted to hold an amount of money or money's worth as a committed amount, any such amount may only be used for paying the whole or part of a further charge for use in relation to the machine and for no other purpose.
Delivery of prizes: general
13.
—(1) Where—
the arrangements with respect to prizes won using the machine must comply with the provisions of this regulation and regulation 14.
(2) If the prize won is a non-money prize—
(3) If the prize won is a money prize—
(4) If the prize won is a money prize, the machine must not operate in a way so that the prize, if it is not collected by the winner, is automatically—
(5) Where a gaming machine is—
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paragraph (3)(b) is to be treated as having been complied with where the whole amount of the prize is added to the deposited sum in relation to the machine, even if the effect of doing so is that an amount of the prize will not be recoverable by virtue of regulation 12.
(6) The requirement imposed by paragraph (3)(b) does not apply in the case of—
until 1st September 2008.
(7) In—
Delivery of money prizes
14.
—(1) Subject to paragraph (2) where—
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the prize may not be added to the deposited sum in relation to the machine until the winner has first had an opportunity to collect the full amount of the prize.
(2) Where a money prize is won by using a gaming machine which is designed or adapted to allow a charge for use to be paid by means of an autoplay facility in accordance with regulation 10(3) to (5)—
(3) The requirement imposed by paragraph (1) does not apply in the case of a gaming machine manufactured before 1st March 2008, until 1st September 2008.
Gerry Sutcliffe
Parliamentary Under Secretary of State Department for Culture, Media and Sport
6th August 2007
Regulations 8, 10(7), 13(6) and 14(3) provide particular transitional arrangements, setting a later coming into force date for specific rules contained in those regulations, for certain categories of gaming machine manufactured:
Regulation 2 defines essential terms in the Regulations, including money and non-money prize.
Regulation 3 sets out information which gaming machines are required to display, and the manner in which it must be displayed, while they are being made available for use.
Regulation 4 prevents credit cards being used to pay for gaming machine use by any means, and limits debit card payments to indirect forms of payment only.
Regulation 5 prevents amounts of less than 1p being included in any charge for use of a gaming machine.
Regulation 6 regulates the types of prizes that Category A, B, C and D machines can deliver. Category D machines, which are the only category of machine permitted to provide non-money prizes, may not provide a non-money prize in the form of goods or services which it is illegal to sell or supply to a person under 18.
Regulations 7, 9 and 11 contain rules about the amounts that can be paid in a single action in relation to use of a gaming machine, depending on—
These rules are separate from the maximum individual charges for use for using a gaming machine once (known commonly as "stakes"). Those charges are prescribed by regulations made under section 236 of the Act.
— Regulation 8 makes transitional arrangements for the limits specified in regulation 7(3), (4) and (6) to apply from 1st September 2008 for gaming machines manufactured before specified dates.
— Regulation 9 specifies limits for making committed payments, which vary according to the category of machine.
— Regulation 11 sets out special rules for certain Category A and B2 machines, exempting such machines from the payment limit in regulation 9, and imposing alternative requirements.
Regulation 10 prevents autoplay facilities being made available on certain types of gaming machine which take charges for use direct from deposited sums.
Regulation 12(1) specifies the circumstances in which a gaming machine may retain a residue from deposited sums, and limits such residues to no more than 99p cash. Where a machine does retain a permitted residue, it must display warning information in accordance with paragraph (2). Paragraph (3) specifies that money or money's worth held as a committed amount on a gaming machine can only be used for paying a charge for use on the machine, and cannot, for example, be removed by the operator of the machine for profit.
Regulations 13 and 14 set out rules about the collection and delivery of prizes, which vary according to—
Rules controlling the maximum value of prizes which can be won as a result of using a gaming machine once are prescribed by regulations made under section 236 of the Act.
Transitional arrangements apply to regulations 13 and 14, at regulations 13(6) and 14(3).
These regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC, as amended by Directive 98/48/EC (the Technical Standards Directive).
A Regulatory Impact Assessment is available from the Gambling and National Lottery Licensing Division, Department for Culture, Media and Sport, 2-4 Cockspur Street, London SW1Y 5DH, telephone 020 7211 6368.
[2] "Gaming machine" is defined in section 235 of the Gambling Act 2005, and the Gambling Act 2005 (Gaming Machines) (Definitions) Regulations 2007, SI 2007/2082.back
[3] Maximum charges for use are prescribed in the Categories of Gaming Machine Regulations 2007, SI 2007/2158.back
[4] "Prize" is defined in section 239 of the Gambling Act 2005.back
[5] For the meaning of "child" and "young person" see section 45 of the Gambling Act 2005.back