Section 344 Participation feesI1

England, Wales and Scotland

(1)

In this Act “participation fee” means an amount paid in respect of entitlement to participate in gambling; and for that purpose—

(a)

it is immaterial—

(i)

how a fee is described,

(ii)

whether a fee is payable in money or in money's worth,

(iii)

when and how a fee is payable,

(iv)

to whom a fee is payable,

(b)

a charge for admission to premises where gambling takes place shall be treated as a participation fee,

(c)

a membership subscription is not a participation fee (subject to subsections (2) and (3)), and

(d)

a stake is not a participation fee.

(2)

The Secretary of State may by regulations provide for a membership subscription to be treated as a participation fee in specified circumstances.

(3)

For the purposes of section 279, a membership subscription is a participation fee.

(4)

The Secretary of State may make regulations providing, in connection with the operation of a provision made by or by virtue of this Act in relation to a participation fee, for the apportionment of an amount which is payable partly in respect of entitlement to participate in gambling and partly in respect of another matter; and that provision may, in particular—

(a)

provide for apportionment by a specified person;

(b)

provide for apportionment in accordance with a specified formula or principle;

(c)

refer to the concept of reasonableness.

Annotations

Commencement

I1: S. 344 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)