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Statutory Instrument 2003 No. 3275The Regulatory Reform (Gaming Machines) Order 2003(The document as of February, 2008. Arhiv.Online Library) STATUTORY INSTRUMENTS2003 No. 3275REGULATORY REFORMThe Regulatory Reform (Gaming Machines) Order 2003
Whereas:
(ii) the statutory bodies to whose functions his proposals related; (iii) organisations representative of such bodies; and (iv) such other persons as he considered appropriate; (b) the Secretary of State for Culture, Media and Sport[1] ("the Secretary of State") consulted the National Assembly for Wales;
(ii) 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;
(ii) 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:
(3B) Any such object is redeemable in accordance with this subsection if -
(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 -
(3D) Subsections (3E) to (3H) of this section apply if -
(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.
(b) is in general circulation in that part of the United Kingdom.." (5) In section 31, for subsection (4) substitute -
(b) a prize delivered in a form specified in subsection (4A) of this section. (4A) The form referred to in subsection (4) of this section is one which enables the person entitled to it to obtain its value -
(b) 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.". (6) In section 31(5), for "the coins delivered by any such machine on the premises as a prize in respect of any one game played by means of the machine shall not in the aggregate exceed" substitute "the value of the prize in respect of any one game played by means of the machine shall not exceed".
(5B) The prize may be delivered by crediting any object which is permitted to be inserted into the machine to pay for a game or games by subsection (3A) of this section. (5C) Despite subsection (4) of this section, the person entitled to the prize may choose to use all or part of its value to pay for one or more services at the premises at which the machine is used for gaming.". (8) After section 31(8) insert -
(9) In section 34[4] (other uses of machines for amusement purposes), in subsections (5A) and (5E), for "(5B) and (5C)" substitute "(5B) to (5C)".
(5BB) Subsections (5BC) to (5BF) of this section apply if -
(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. (5BC) The initial amount must not exceed the highest coin value.
(b) is in general circulation in that part of the United Kingdom.". (12) In section 34(5D), for "coin" substitute "payment". (This note is not part of the Order) This Order is made under section 1 of the Regulatory Reform Act 2001. It reforms the law contained in Part III of the Gaming Act 1968 relating to the use of gaming machines which has the effect of imposing burdens on people carrying out certain activities. Section 31 of the Gaming Act 1968 imposes restrictions on the methods of payment for using machines to which that section applies and also on the form in which prizes can be delivered by such machines. This Order removes those burdens by amending Part III of the Gaming Act 1968 to allow payment to be made, and prizes to be delivered, in any form which constitutes money or money's worth. Where payment is made using an object other than cash (such as tokens or a smart card), then it must be redeemable on demand at the premises where the machine is situated at any time when gaming machines are available for use at those premises. Where a machine delivers a prize in a form other than cash, then it must be in a form which enables the person concerned to claim his prize in cash or cheque at the premises where the machine is situated at any time when gaming machines are available for use at those premises. The Order also amends section 34 of the Gaming Act 1968, except in relation to machines whose maximum prize is determined under section 34 (3), by removing the restriction under which payment of a charge for play can only be made by using a coin or tokens. The effect of removing this restriction is that payment can also be made using banknotes. Both section 31 and section 34 are amended to provide that where payment is made which is in excess of the value of the highest denomination coin which is legal tender and in general circulation in the part of the United Kingdom in which the premises are situated, the initial amount held to the player's credit for the purpose of paying the charge for play on the machine is not to exceed the value of the highest denomination coin. No further amount is to be added unless the player takes action in respect of the machine to indicate that he wishes to continue to play. This Order has been notified to the European Commission and the other Member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No.L204, 21.7.98, p.37) as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No.L217, 5.8.98, p.18). Notes: [1] By virtue of article 6 of the Transfer of Functions (Miscellaneous) Order 2001 (S.I. 2001/3500), anything which is in the process of being done by or in relation to the Secretary of State for the Home Department on the date of coming into force of that Order (26 November 2001), if it relates to a function which relates to gambling, may be continued by or in relation to the Secretary of State for Culture, Media and Sport.back [2] 2001 c. 6.back [3] 1968 c. 65.back [4] Subsections (5A) to (5E) of section 34 were inserted by article 6(3) of S.I. 1996/1359.back ISBN 0 11 048343 X -- Back--
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