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Legislation
Betting and Gaming Duties Act 1981

Part III General

  • Section 27 Offences by bodies corporate.
  • Section 28 General
  • Section 29 General
  • Section 29A Evidence by certificate, etc.
  • Section 30 General
  • Section 31 Protection of officers.
  • Section 32 Orders and regulations.
  • Section 32A Application to limited liability partnerships
  • Section 33 Interpretation.
  • Section 34 Consequential and transitional provisions and repeals.
  • Section 35 Short title, construction, commencement and extent.
  1. Part III · General
  2. Interpretation.

Section 33 | Interpretation.

From legislation.gov.uk

(1)In this Act—F1F2F3F4F5

“the Commissioners” means the Commissioners of Customs and Excise;

“foreign tax” means a tax, including any sort of duty or levy, imposed in a country or territory outside the United Kingdom (see also subsection (1B));

“gaming” means playing a game of chance for a prize ... ;

“the prescribed sum” in relation to the penalty provided for an offence, means—

if the offence was committed in England or Wales, the prescribed sum within the meaning of section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act); and

if the offence was committed in Scotland, the prescribed sum within the meaning of subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (£5,000 or other sum substituted by order under subsection (4) of that section) and

if the offence was committed in Northern Ireland, the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984.

(1A)In the definition of “gaming” in subsection (1)—F6

(a)“game of chance” has the meaning given by section 6(2) of the Gambling Act 2005,F6

(b)“playing a game of chance” is to be read in accordance with section 6(3) of that Act, andF6

(c)“prize” does not include the opportunity to play the game again.F6

(1B)A reference in this Act to a foreign tax does not include any penalty, interest, surcharge or other such cost arising in connection with the tax (whether or not recoverable as if it were that tax).F7

(2)For the avoidance of doubt it is hereby declared that the imposition by this Act of general betting duty, pool betting duty, bingo duty or remote gaming duty does not make lawful anything which is unlawful apart from this Act.F8

Notes

  1. F1

    Words in s. 33(1) inserted (with effect in accordance with Sch. 25 para. 12 of the amending Act) by Finance Act 2012 (c. 14), Sch. 25 para. 6(a)

  2. F2

    S. 33(1): definition of "gaming" substituted (1.9.2007) by Finance Act 2007 (c. 11), s. 105, Sch. 25 paras. 10, 23; S.I. 2007/2532, art. 2

  3. F3

    Words in s. 33(1) omitted (21.7.2009) by virtue of Finance Act 2009 (c. 10), s. 116(6)(a)

  4. F4

    Words in s. 33(1) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 38.

  5. F5

    S. 33(1)(c) and the word “and” preceding it inserted by Finance Act 1985 (c. 54, SIF 12:2), s. 8, Sch. 5 Pt. I para. 7

  6. F6

    S. 33(1A) inserted (21.7.2009) by Finance Act 2009 (c. 10), s. 116(6)(b)

  7. F7

    S. 33(1B) inserted (with effect in accordance with Sch. 25 para. 12 of the amending Act) by Finance Act 2012 (c. 14), Sch. 25 para. 6(b)

  8. F8

    Words in s. 33(2) substituted (with effect in accordance with Sch. 24 para. 66(3) of the amending Act) by Finance Act 2012 (c. 14), Sch. 24 para. 54(4) (with Sch. 24 paras. 59-62)

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