Session 2013 - 14
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Other Bills before Parliament


 
 

15

 

House of Commons

 
 

Tuesday 19 November 2013

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Gambling (Licensing and Advertising) Bill


 

NEW CLAUSES

 

Licence compliance, stipulations and control

 

Clive Efford

 

NC1

 

To move the following Clause:—

 

‘(1)    

Notwithstanding the regulation of spread betting by the Financial Conduct

 

Authority, operators licensed for remote gambling by the Gambling Commission

 

shall, to ensure their continued fitness as such, be obliged to comply with

 

Condition 15.1 of the Consolidated Licensing Conditions and Codes of Practice

 

2011 (or its equivalent from time to time) in relation to all areas of their gambling

 

operations, including spread betting and any other operations not within the

 

jurisdiction of the Gambling Commission.

 

(2)    

In the event of any breach of subsection (1) which the Gambling Commission

 

believes calls into question the fitness of the relevant operator, the Gambling

 

Commission may require the operator to provide an explanation of such breach

 

within one month and may, if not satisfied with such explanation, revoke the

 

operator‘s licence.’.

 


 

Kite mark

 

Clive Efford

 

NC2

 

To move the following Clause:—

 

‘(1)    

The Gambling Commission shall require all licensed online gambling operators

 

to display a standard kite mark on all their promotional materials, websites and


 
 

Public Bill Committee: 19 November 2013                  

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Gambling (Licensing and Advertising) Bill, continued

 
 

webpages, to indicate that such operators are licensed by the United Kingdom

 

Gambling Commission.

 

(2)    

The Gambling Commission shall design and determine the form of the kite mark,

 

which will provide a link to information and advice on its website for customers.’.

 


 

Remote gambling licensees and customer protection

 

Clive Efford

 

NC3

 

To move the following Clause:—

 

‘Holders of licences for remote gambling operations shall be required to

 

participate in a programme of research into and treatment of problem gambling

 

in accordance with arrangements to be determined by the Secretary of State in

 

regulations in the form of a statutory instrument approved by both Houses of

 

Parliament, and a levy for that purpose may be imposed under section 123 of the

 

Gambling Act 2005.’.

 


 

Reporting of suspicious activities and power to obtain financial information

 

Clive Efford

 

NC4

 

To move the following Clause:—

 

‘In order to promote consistency of sports betting regulation, regulation of

 

remotely conducted spread betting and therefore of all spread betting shall be

 

transferred from the Financial Conduct Authority to the Gambling Commission,

 

which shall thereupon—

 

(a)    

have power to require and obtain from its licensees including spread

 

betting organisations information concerning actual or potential

 

suspicious activities in relation to sporting events, and to share such

 

information with the relevant sports governing body;

 

(b)    

have power to require and obtain information on financial transactions by

 

licensees which it reasonably suspects might be germane to the

 

investigation of suspicious betting activity, money laundering or other

 

criminal activities, or the protection of vulnerable individuals.’.

 


 

Review of connection between non-paying social networking media gambling activities

 

and use of licensed remote gambling operations

 

Clive Efford

 

NC5

 

To move the following Clause:—


 
 

Public Bill Committee: 19 November 2013                  

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Gambling (Licensing and Advertising) Bill, continued

 
 

‘The Secretary of State shall conduct a review into whether and how the existence

 

of non-paid for gambling activities on social networking media interacts with use

 

of licensed remote gambling operations, and whether such non-paid for activities

 

can act as an inducement to participate in paying activities.’.

 


 

Enforcement by IP blocking

 

Clive Efford

 

NC6

 

To move the following Clause:—

 

‘The Secretary of State shall have power to make regulations, in the form of a

 

statutory instrument to be laid before and approved by both Houses of Parliament,

 

permitting the Gambling Commission to block the internet access and internet

 

protocol addresses of any licensed remote gambling operator which is found by

 

the Gambling Commission to be in breach of its licence.’.

 


 

Enforcement by financial blocking

 

Clive Efford

 

NC7

 

To move the following Clause:—

 

‘The Secretary of State shall have power to make regulations, in the form of a

 

statutory instrument to be laid before and approved by both Houses of Parliament,

 

permitting the Gambling Commission to—

 

(a)    

block the bank accounts of any licensed remote gambling operator found

 

by the Gambling Commission to be in breach of its licence; and

 

(b)    

intervene in financial transactions between licensed remote gambling

 

operators and certain customers in order to prevent certain customers

 

such as problem gamblers from continuing to use the services offered by

 

the operator, including by way of intervention to block certain credit

 

cards and other means of payment.’.

 


 

Consultation on existing use of financial blocking and IP address blocking

 

Clive Efford

 

NC8

 

To move the following Clause:—

 

‘The Secretary of State shall procure a process to take place expeditiously

 

whereby each of the current gambling regulatory bodies share information on


 
 

Public Bill Committee: 19 November 2013                  

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Gambling (Licensing and Advertising) Bill, continued

 
 

their financial transaction blocking and IP address blocking powers and activities,

 

and share and implement best practice.’.

 


 

Consultation on self-exclusion

 

Clive Efford

 

NC9

 

To move the following Clause:—

 

‘Having regard to the significance of the remote gambling market in relation to

 

potential problem gambling, the Secretary of State shall consult on a system of

 

standardised self-exclusion for the gambling industry, to include means of

 

addressing exclusion from remote gambling access in the context of other

 

gambling media.’.

 


 

Jurisdiction and enforceability of remote gaming contracts

 

Clive Efford

 

NC10

 

To move the following Clause:—

 

‘(1)    

Any contract between a person providing facilities for remote gambling which are

 

used in the United Kingdom and the user of those facilities shall be deemed to be

 

concluded in, and under the laws of, that part of the United Kingdom where those

 

facilities are used.

 

(2)    

Section 335(1) of the Gambling Act 2005 shall apply to any contract between a

 

person providing facilities for remote gambling which are used in the United

 

Kingdom and the user of those facilities, irrespective of whether that contract is

 

enforceable in the country or place in which the provider of those facilities is

 

located.’.

 


 

Dormant accounts

 

Clive Efford

 

NC11

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall consult on appropriate ways to require licensed

 

remote gambling operators to disclose (as a condition of their licence) the

 

amounts held by them by way of—

 

(a)    

winnings of UK customers unclaimed for a period of more than one

 

calendar year; and

 

(b)    

sums in dormant accounts of UK customers.


 
 

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Gambling (Licensing and Advertising) Bill, continued

 
 

(2)    

A dormant account shall for this purpose be an account which has been inactive

 

for at least one calendar year.’.

 


 

Gibraltar and Alderney

 

Clive Efford

 

NC12

 

To move the following Clause:—

 

‘The Secretary of State shall conduct a review comparing the effectiveness of UK

 

licensing in comparison with the licensing regimes of EEA and white listed

 

countries in relation to—

 

(a)    

suspicious betting, playing or sporting activity;

 

(b)    

under-age gambling; and

 

(c)    

protection measures in place for gambling customers;

 

 and lay before both Houses of Parliament a report containing the findings of such

 

review.’.

 


 

Discussions between gambling regulatory bodies and sports governing bodies

 

Clive Efford

 

NC13

 

To move the following Clause:—

 

‘The Secretary of State shall have power to make regulations, to be laid before

 

and approved by both Houses of Parliament, stipulating the manner and time of

 

regular meetings between any and all of the gambling regulatory bodies and

 

sports governing bodies.’.

 


 

Advertising watershed

 

Clive Efford

 

NC14

 

To move the following Clause:—

 

‘The Secretary of State shall consult on the current regulatory position concerning

 

advertising of gambling before the nine o‘clock watershed and shall lay before

 

the House a report of the findings not later than the final sitting day before the

 

summer recess 2014.’.

 



 
 

Public Bill Committee: 19 November 2013                  

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Gambling (Licensing and Advertising) Bill, continued

 
 

Application of the horserace betting levy

 

Clive Efford

 

NC15

 

To move the following Clause:—

 

‘In article 2 of the Gambling Act 2005 (Horserace Betting Levy) Order 2007/

 

2159, for paragraph 3 substitute—

 

“(3)    

Subject to paragraph (4), expressions used in sections 24 to 30 of the

 

1963 Act shall have the meanings given to them by section 55(1) of the

 

1963 Act (as that provision had effect immediately before 1st September

 

2007).

 

(4)    

For the purposes of paragraph (3), the definition of ‘bookmaker’ as set

 

out in section 55(1) of the 1963 Act (as that provision had effect

 

immediately before 1st September 2007) shall be modified by—

 

(a)    

replacing the comma at the end of paragraph (b) of the definition

 

of ‘bookmaker’ with ‘; or’; and

 

(b)    

after paragraph (b) of the definition of ‘bookmaker’ inserting—

 

‘(c)    

holds an operating licence under the Gambling Act 2005

 

which authorises that person to provide facilities for

 

betting,’.”.’.

 


 

Power to extend the horserace betting levy to overseas bookmakers

 

Clive Efford

 

NC16

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations amend any provision or provisions of

 

the Betting, Gaming and Lotteries Act 1963 (c 2) (at a time when the provisions

 

listed in section 15(1)(a) to (c) of the Horserace Betting and Olympic Lottery Act

 

2004 (horserace betting levy system) have not been entirely repealed by order

 

under that section), the Gambling Act 2005 and/or the Gambling Act 2005

 

(Horserace Betting Levy) Order 2007/2159 for the purposes of ensuring that each

 

person who holds an operating licence under the Gambling Act 2005 which

 

authorises that person to provide facilities for betting shall be—

 

(a)    

liable to pay the bookmakers’ levy payable under section 27 of the

 

Betting, Gaming and Lotteries Act 1963 (c 2); and

 

(b)    

subject to the provisions of section 120 of the Gambling Act 2005 (as

 

modified in accordance with the Gambling Act 2005 (Horserace Betting

 

Levy) Order 2007/2159) if that person is in default of such bookmakers’

 

levy.

 

(2)    

Regulations under this section must be made by statutory instrument.

 

(3)    

A statutory instrument containing regulations under this section may not be made

 

unless a draft of the instrument has been laid before and approved by a resolution

 

of each House of Parliament.’.

 


 
 

Public Bill Committee: 19 November 2013                  

21

 

Gambling (Licensing and Advertising) Bill, continued

 
 

Order of the House [5 November 2013]

 

That the following provisions shall apply to the Gambling (Licensing and Advertising

 

Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 19 November 2013.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion two hours after the commencement of those

 

proceedings.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion three hours after the commencement of proceedings

 

on Consideration.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the House [6 November 2013]

 

That the Order of 5 November 2013 (Gambling (Licensing and Advertising) Bill

 

(Programme)) be varied as follows—

 

1.    

Paragraphs (2) and (3) of the Order shall be omitted.

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 19 November 2013.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

 

gambling (licensing and advertising) bill (WAYS AND MEANS)

 

[5 November 2013]

 

For the purposes of any Act resulting from the Gambling (Licensing and Advertising)

 

Bill, it is expedient to authorise an extension of the cases in which—

 

(1)  

a penalty may be imposed under section 121 of the Gambling Act 2005, and

 

(2)  

a levy may be imposed under section 123 of that Act.

 

 

Order of the Committee [12 November 2013]

 

That—


 
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Revised 19 November 2013