Gaming Act 1845
Encyclopedia
The Gaming Act 1845 was an Act
of the Parliament of the United Kingdom
. The Act's principal provision was to deem a wager
unenforceable as a legal contract
. The Act received Royal Assent
on August 8, 1845. Sections 17 and 18, though amended, remained in force until 1 September 2007.
gave rise to a select committee of the House of Commons
whose recommendations were implemented by the Act. The policy
of the Act was to discourage betting.
However, following a 2001 report by Sir Alan Budd
, in 2002, the UK government accepted that wagers should cease to be unenforceable as contracts, seeking to introduce a new liberalised regulatory regime in order to encourage the gambling industry.
Sections 10 to 14 and the Third Schedule were repealed by section 1 of, and the Schedule to, the Billiards (Abolition of Restrictions) Act 1987
Section 25 was repealed by Part XIX of Schedule 1 to the Statute Law (Repeals) Act 1976
This Act was repealed for Northern Ireland by article 187(4) of, and Schedule 21 to, the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I. 11)).
The words of enactment at the start were repealed by the Statute Law Revision Act 1891.
The words in square brackets were substituted for the words "be deemed guilty of obtaining such money or valuable thing from such other person by a false pretence, with intent to cheat or defraud such person of the same, and, being convicted thereof, shall be punished accordingly" by sections 33(2) and 36(3) of, and Part III of Schedule 2 to, the Theft Act 1968
.
Two hundred pounds
Section 32(2) of the Magistrates' Courts Act 1980
provided that the reference to two hundred pounds was to be construed as a reference to the prescribed sum
.
The following cases are relevant:
In 2005, Kwong Lee, Martin Fitz and Shuhal Miah were found guilty of cheating at roulette
under this section.
This section was extended by the Gaming Act 1892.
However, a bet on the Horserace Totalisator Board, also known as The Tote
, did not fall within the scope of the Act.
Further, by the 1980s, it was feared that complex commercial risk management
instruments and contracts, such as derivative
s could fall foul of the Act. Provision was made that a contract would not be void if at least one of the parties entered into it for legitimate business purposes. The exemption is now found in the Financial Services and Markets Act 2000
s 412.
until partition
. It consequently became the law of the Irish Free State
on 6 December 1922, and then of its successor states. When the autonomous region of Northern Ireland
seceded from the Irish Free State and rejoined the United Kingdom
on 7 December 1922, the Act became the law of Northern Ireland until repeal.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. The Act's principal provision was to deem a wager
Wager
Wager can refer to:* Gambling* A scientific wager* A legal wager under the Roman legal system* WAGR syndrome - a rare genetic syndrome-Given name:*Wager Swayne , American military Governor-Surname:...
unenforceable as a legal contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
. The Act received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on August 8, 1845. Sections 17 and 18, though amended, remained in force until 1 September 2007.
Background
Increasing concern as to the damaging social effects of gamblingGambling
Gambling is the wagering of money or something of material value on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods...
gave rise to a select committee of the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
whose recommendations were implemented by the Act. The policy
Public policy
Public policy as government action is generally the principled guide to action taken by the administrative or executive branches of the state with regard to a class of issues in a manner consistent with law and institutional customs. In general, the foundation is the pertinent national and...
of the Act was to discourage betting.
However, following a 2001 report by Sir Alan Budd
Alan Budd
Sir Alan Peter Budd is a prominent British economist, who was a founding member of the Bank of England's Monetary Policy Committee in 1997....
, in 2002, the UK government accepted that wagers should cease to be unenforceable as contracts, seeking to introduce a new liberalised regulatory regime in order to encourage the gambling industry.
Repeals
Sections 1 to 9 and 15 and 16 and 19 to 24 and 26, and the First and Second Schedules, were repealed by Part I of Schedule 6 to the Betting and Gaming Act 1960.Sections 10 to 14 and the Third Schedule were repealed by section 1 of, and the Schedule to, the Billiards (Abolition of Restrictions) Act 1987
Section 25 was repealed by Part XIX of Schedule 1 to the Statute Law (Repeals) Act 1976
This Act was repealed for Northern Ireland by article 187(4) of, and Schedule 21 to, the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I. 11)).
Exclusion
This Act was excluded by section 16(4) of the Gaming Act 1968.Section 17 - Cheating at play
This section created an offence. At the time of its repeal this section read:The words of enactment at the start were repealed by the Statute Law Revision Act 1891.
The words in square brackets were substituted for the words "be deemed guilty of obtaining such money or valuable thing from such other person by a false pretence, with intent to cheat or defraud such person of the same, and, being convicted thereof, shall be punished accordingly" by sections 33(2) and 36(3) of, and Part III of Schedule 2 to, the Theft Act 1968
Theft Act 1968
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.-History:...
.
Two hundred pounds
Section 32(2) of the Magistrates' Courts Act 1980
Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 is an Act of the Parliament of the United Kingdom. It codifies the procedures applicable in magistrates' courts in the United Kingdom and largely replaces the Magistrates' Courts Act 1952...
provided that the reference to two hundred pounds was to be construed as a reference to the prescribed sum
Prescribed sum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates...
.
The following cases are relevant:
- R v Darley (1826) 1 Stark NP 359, (1826) 171 ER 497
- Cooke v Stratford (1844) 13 M & W 379, (1844) 2 Dow & L 399, (1844) 4 LT (OS) 138a
- R v Hudson (1860) Bell CC 263
- R v O'Connor and Brown (1881) 45 LT 512, (1881) 46 JP 214, (1881) 15 Cox 3
- R v Moore, 10 Cr App R 54, CCA
- R v Lawler, 14 JP 561
- R v Governor of Brixton Prison, ex parte Sjoland and Metzler [1912] 3 KB 568, 29 TLR 10, 77 JP 23
- R v Leon [1945] KB 136, 30 Cr App R 120, 61 TLR 100, CCA
- R v Butler, 38 Cr App R 57, CCA
- R v Clucas and O'Rourke [1959] 1 WLR 244, [1959] 1 All ER 438, 43 Cr App R 98, 123 JP 203, CCA
- R v Harris and Turner [1963] 2 QB 442, [1963] 2 WLR 851, [1963] 2 All ER 294, 47 Cr App R 125, CCA
In 2005, Kwong Lee, Martin Fitz and Shuhal Miah were found guilty of cheating at roulette
Roulette
Roulette is a casino game named after a French diminutive for little wheel. In the game, players may choose to place bets on either a single number or a range of numbers, the colors red or black, or whether the number is odd or even....
under this section.
Section 18 - Gambling contracts deemed void
This section read:This section was extended by the Gaming Act 1892.
However, a bet on the Horserace Totalisator Board, also known as The Tote
The Tote
The Tote, formerly the Horserace Totalisator Board, is a British bookmaker with head offices in Wigan. It was owned from its formation in 1928 by the UK Government but was sold to Betfred in July 2011. Under the brand totesport the Tote has 514 high street betting shops, outlets on Britain's 60...
, did not fall within the scope of the Act.
Further, by the 1980s, it was feared that complex commercial risk management
Risk management
Risk management is the identification, assessment, and prioritization of risks followed by coordinated and economical application of resources to minimize, monitor, and control the probability and/or impact of unfortunate events or to maximize the realization of opportunities...
instruments and contracts, such as derivative
Derivative (finance)
A derivative instrument is a contract between two parties that specifies conditions—in particular, dates and the resulting values of the underlying variables—under which payments, or payoffs, are to be made between the parties.Under U.S...
s could fall foul of the Act. Provision was made that a contract would not be void if at least one of the parties entered into it for legitimate business purposes. The exemption is now found in the Financial Services and Markets Act 2000
Financial Services and Markets Act 2000
The Financial Services and Markets Act 2000 is an Act of the Parliament of the United Kingdom that created the Financial Services Authority as a regulator for insurance, investment business and banking.-Outline:...
s 412.
Ireland and Northern Ireland
The Act was in force in IrelandIreland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
until partition
Partition of Ireland
The partition of Ireland was the division of the island of Ireland into two distinct territories, now Northern Ireland and the Republic of Ireland . Partition occurred when the British Parliament passed the Government of Ireland Act 1920...
. It consequently became the law of the Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
on 6 December 1922, and then of its successor states. When the autonomous region of Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
seceded from the Irish Free State and rejoined the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
on 7 December 1922, the Act became the law of Northern Ireland until repeal.
Cases
- Close v Wilson [2011] EWCA Civ 5, a promise to money paid under an agreement to bet cannot be enforced because of the Gaming Act 1892 s 1, but the payer has a claim in restitution for the winnings and for any money used for purposes other than betting.