| Gambling Act 2005 |
| 2005 Chapter 19 - continued |
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| | S C H E D U L E S |
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SCHEDULE 1
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| Section 11 |
| | BETTING: PRIZE COMPETITIONS: DEFINITION OF PAYMENT TO ENTER |
| | Introduction
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| 1 | This Schedule makes provision about the circumstances in which a person is to be or not to be treated for the purposes of section 11(1)(b) as being required to pay to participate in an arrangement.
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| | Meaning of payment
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| 2 | For the purposes of section 11 and this Schedule a reference to paying includes a reference to-
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| | (b) transferring money's worth, and |
| | (c) paying for goods or services at a price or rate which reflects the opportunity to participate in an arrangement under which a participant may win a prize. |
| 3 | It is immaterial for the purposes of section 11 and this Schedule-
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| | (a) to whom a payment is made, and |
| | (b) who receives benefit from a payment. |
| 4 | It is also immaterial for the purposes of section 11 and this Schedule whether a person knows when he makes a payment that he thereby participates in an arrangement as a result of which he may win a prize.
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| | Stamps, telephone calls, &c.
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| 5 | (1) For the purposes of section 11 and this Schedule a reference to paying does not include a reference to incurring the expense, at a normal rate, of-
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| | (a) sending a letter by ordinary post, |
| | (b) making a telephone call, or |
| | (c) using any other method of communication. |
| | (2) For the purpose of sub-paragraph (1)-
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| | (a) a "normal rate" is a rate which does not reflect the opportunity to participate in an arrangement under which a person may win a prize, and |
| | (b) ordinary post means ordinary first-class or second-class post (without special arrangements for delivery). |
| | Payment to discover whether prize won
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| 6 | For the purposes of section 11 and this Schedule a requirement to pay in order to discover whether a prize has been won under an arrangement shall be treated as a requirement to pay to participate in the arrangement.
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| | Payment to claim prize
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| 7 | For the purposes of section 11 and this Schedule a requirement to pay in order to take possession of a prize which a person has or may have won under an arrangement shall be treated as a requirement to pay to participate in the arrangement.
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| | Choice of free entry
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| 8 | (1) For the purposes of section 11 and this Schedule an arrangement shall not be treated as requiring a person to pay to participate if under the arrangement-
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| | (a) each person who is eligible to participate has a choice whether to participate by paying or by sending a communication, |
| | (b) the communication mentioned in paragraph (a) may be- |
| | (i) a letter sent by ordinary post, or
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| | (ii) another method of communication which is neither more expensive nor less convenient than participating by paying,
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| | (c) the choice is publicised in such a way as to be likely to come to the attention of each person who proposes to participate, and |
| | (d) the system for allocating prizes does not differentiate between those who participate by paying and those who participate by sending a communication. |
| | (2) In this paragraph "ordinary post" has the meaning given by paragraph 5(2)(b).
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| | Power to make regulations
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| 9 | The Secretary of State may make regulations providing that an activity of a specified kind or performed in specified circumstances is to be or not to be treated for the purposes of section 11 as paying to participate in an arrangement.
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