Gaming and Wagering Commission Act 1987

Regulations made under this Act may prohibit, or impose conditions in relation to —

the sale, supply, maintenance or repair of prescribed gaming equipment; and

the use or possession of prescribed gaming equipment; and

the sale or supply of tokens for use in prescribed gaming equipment.

The regulations, or a permit authorising the conduct of gaming by means of gaming equipment, may impose conditions in relation to the operation of the prescribed gaming equipment, including conditions —

that a gaming machine shall not be a machine which, in accordance with the way in which the machine is constructed, adapted or for the time being regulated, is designed to pay out less than a prescribed percentage of the aggregate value of the money or money’s worth paid by or on behalf of a player in order to play one or more games by means of the machine; and

that play shall not take place using the gaming equipment unless the equipment is operated by a person approved by the Commission; and

that a statement as to the value or nature of the prizes that can be won be displayed in a prescribed manner; and

that no person who is not approved by the Commission for the purpose shall remove from any gaming machine any money, other than any money delivered by the machine as, or as part of, a prize in respect of a game played by means of the machine.

A person shall not —

as principal, or as a servant or agent, sell or supply any gaming equipment otherwise than in circumstances to which subsection (4) applies; or

as principal undertake for valuable consideration, or cause or permit another person to enter into such an undertaking on his behalf, to maintain the mechanism of any gaming equipment,

being a principal is the holder of a relevant and current certificate issued under this section by the Commission; or

being a servant or agent of another person, sells or supplies the gaming equipment on behalf of a person who is the holder of such a certificate.

Subsection (3)(a) does not apply —

to the sale of gaming equipment of any particular class or kind to a person who carries on a business which consists of or includes selling or supplying gaming equipment of that class or kind; or

to the sale or supply of gaming equipment to a person who at no time has possession of the equipment and becomes the owner of it only for the purpose of arranging financial accommodation for another person to permit that other person to purchase or be supplied with the equipment; or

to the sale or supply of inoperable gaming equipment as scrap; or

to any transaction whereby approved premises in which the gaming equipment is installed are sold or let and the equipment is sold or supplied to a purchaser or tenant, who is an assignee acceptable to the Commission in relation to the approval of those premises, as part of the fixtures and fittings of those premises.

A certificate for the purposes of this section may be issued by the Commission on payment of the prescribed fee to any person who satisfies the Commission that he is competent and a fit and proper person to perform the operation to which the certificate relates, and shall have effect —

in relation to the gaming equipment or gaming equipment of the kind therein specified in the circumstances so specified; or

in relation to —

the gaming equipment, or gaming equipment of the kind; and

the period, not being a period in excess of 5 years; and

the operations as to sale or supply, or as to maintenance of the mechanism of the respective kinds of gaming equipment,

A certificate may be revoked by the Commission by notice in writing given to the holder at the address specified in the certificate, as from the end of a period (of not less than 7 days from the date of service of the notice) as specified in that notice, and the revocation takes effect at the end of that period.

In determining whether a person is competent and a fit and proper person to perform relevant operations regard shall be had in particular to the way in which business is conducted by him and by persons employed by him or acting on his behalf.

A person shall not be taken to be a fit and proper person to perform relevant operations if those operations are, or if the certificate in question were issued or renewed would be, performed by him as servant or agent of, or otherwise for the benefit of, a person who would himself be refused a certificate as not being a fit and proper person to perform those operations.