Definition of Significant Proportion under The UK Gambling Act 2005 Watch

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Report Thread starter 1 year ago
Section 14(2) of The UK Gambling Act 2005 stats that ...

A process which requires persons to exercise skill or judgment or to display knowledge shall be treated for the purposes of this section as relying wholly on chance if—

(a)the requirement cannot reasonably be expected to prevent a significant proportion of persons who participate in the arrangement of which the process forms part from receiving a prize, and

(b)the requirement cannot reasonably be expected to prevent a significant proportion of persons who wish to participate in that arrangement from doing so.My question is, what would be the definition of significant proportion here, It will be counted below 50% or above 50%.

Counting 10%or 15% will be enough??
Forum User
Badges: 19
Report 1 year ago
Not defined in the Gambling Act 2005 or in any case law so far as I can tell.

The Explanatory Notes to the Act (which form part of the Act), are helpful. They state:

"70. The definition of lottery also contains provisions which replace section 14 of the Lotteries and Amusements Act 1976. Section 14 of that Act made provision about the level of skill required for a legal prize competition. There is no direct equivalent of section 14 in this Act. Instead, competitions that do not require a minimum level of skill (according to the test in subsection (5)) are treated as relying wholly on chance, and therefore fall within the definition of a lottery (provided the other elements of the definition are satisfied).

71. Genuine prize competitions are not prohibited. So, under subsection (5), a process is not to be treated as relying wholly on chance if it contains a requirement to exercise skill and judgement, or knowledge that is reasonably likely to: a) prevent a significant proportion of people who wish to participate from doing so; or b) prevent a significant proportion of people who participate from receiving a prize.

72. If either one of these barriers to entry or success can be shown, the process will not be deemed to rely wholly on chance, and the arrangement will not be a lottery.

73. The test in subsection (5) is intended to be a practical one. So, for example, the level of skill or judgement required to win or go forward to the next round in a children's competition should be set at an appropriate level for the age of the children at which the competition is aimed. Equally, a competition in a specialist magazine needs to be suitably challenging for the specialists likely to read the magazine and enter the competition. The requirements of subsection (5) are not, therefore, Gambling Act 2005 Page 408 necessarily satisfied by requiring a level of skill or judgment that could be expected to challenge the public at large".

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