Section 159 | Gaming payments

(1)Where a chargeable person participates in remote gaming, the “gaming payment” for the purposes of this Chapter is the aggregate of—

(a)any amount that entitles the person to participate in the gaming, and

(b)any other amount payable for or on account of or in connection with the person's participation in the gaming.

(2)If the gaming payment is made to a person other than the gaming provider, it is to be treated for the purposes of this Chapter as made to the gaming provider.

(3)If the gaming payment has not been made at the time when the chargeable person begins to participate in the remote gaming to which it relates, it is to be treated for the purposes of this Chapter as being made at that time.

(4)For the purposes of this Chapter—

(a)where the chargeable person participates in the remote gaming in reliance on an offer which waives all of a gaming payment, the person is to be treated as having made a gaming payment of the amount which would have been required to be paid without the offer (“the full amount”), and

(b)where the chargeable person participates in the remote gaming in reliance on an offer which waives part of a gaming payment, the person is to be treated as having made an additional gaming payment of the difference between the gaming payment actually made and the full amount.

(5)Where a person is treated by subsection (4) as having made a gaming payment, the payment is to be treated for the purposes of this Chapter—

(a)as having been made to the gaming provider at the time when the chargeable person begins to participate in the remote gaming to which it relates, and

(b)as not having been—

(i)returned, or

(ii)assigned to a gaming prize fund.

(6)The Commissioners may by regulations make further provision about how a gaming payment which a person is treated as having made under subsection (4) is to be treated for the purposes of this Chapter.

(7)This section has effect subject to section 159A.