A person does not commit an offence under section 37 or 242 if—
he makes a gaming machine available for use by an individual, and
the individual does not, by using the machine, acquire an opportunity to win a prize.
The Secretary of State may make regulations creating exceptions from the offence under section 243 in connection with machines which, by virtue of their nature or any other specified matter, are not designed or expected to be used to provide an opportunity to win a prize.