Regulation 2 Dual-use computers

(1)

A computer is a dual-use computer within the meaning of section 235(2)(a) of the Act if—

(a)

it is capable of being used for a purpose that is not related to gambling, and

(b)

either—

(i)

it is not knowingly adapted or presented by or on behalf of an owner of the computer or a person connected with such an owner, in such a way as to facilitate, or to draw attention to the possibility of, its use for gambling, or

(ii)

it is so adapted or presented, but only in the circumstances specified in paragraph (2) or (3).

(2)

The circumstances specified in this paragraph are that the computer is being made available for use (other than in circumstances where it is being adapted, maintained or repaired), but its use is restricted or intended to be restricted to private use.

(3)

The circumstances specified in this paragraph are that the computer is being adapted, maintained or repaired (whether or not it is also being made available for use), but its use is restricted or intended to be restricted to persons using it in connection with its adaptation, maintenance or repair in circumstances where—

(a)

but for its adaptation, maintenance or repair, its use would otherwise be restricted or intended to be restricted to private use, and

(b)

enabling or facilitating the use of the computer for gambling is not the main purpose of the adaptation, maintenance or repair.