Commentary on provisions of Act Section 52: Gaming machines on licensed betting premises
By Section B9 of Part 2 of Schedule 5 to the Scotland Act 1998, "betting, gaming and lotteries" are reserved matters.
	By section 236 of the Gambling Act 2005, the Secretary of State must define four classes of gaming machine, to be known as categories A, B, C and D, and sub-divide category B into sub-categories. The Secretary of State established categories and sub-categories of gaming machine through the Categories of Gaming Machine Regulations 2007 (S.I. 2007/2158).
	Currently, under the Gambling Act 2005, any person who holds a betting premises licence is authorised to make available up to four gaming machines on the site to which that licence relates. The entitlement, by section 172(8) of the 2005 Act and regulation 6(3)(d) of the 2007 Regulations, is confined to gaming machines of sub-categories B2, B3 and B4, and Categories C and D.
	This section will insert a specific exception into Section B9 of Part 2 of Schedule 5 to the Scotland Act 1998, so that the Scottish Parliament will have legislative competence to vary the number of certain gaming machines authorised by a betting premises licence. This power is sufficiently broad as to allow the Scottish Parliament to reduce the number of such gaming machines to zero. The Secretary of State’s function to vary the number of those same gaming machines in Scotland will be transferred to the Scottish Ministers. The functions conferred on the Secretary of State by section 236 of the 2005 Act will continue to be reserved.
	There are three limitations on this devolved competence. First, it is confined to gaming machines for which it is possible to stake more than £10 in respect of a single game; at present, this is possible only with sub-category B2 gaming machines.
	Secondly, it applies only to a betting premises licence issued on or after the date on which this section comes into force. Nothing in this section empowers the Scottish Parliament or the Scottish Ministers to vary the number of gaming machines authorised by betting premises licences issued before that date.
	Thirdly, the exception does not include betting premises licences issued in respect of a track.
	This power may be exercised by Scottish Ministers by way of an Order, which would be subject to the affirmative procedure in the Scottish Parliament.