House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

1335

House of Commons

Tuesday 26 November 2013

Consideration of Bill

Gambling (Licensing and Advertising) Bill

New ClauseS

Facilities for remote gambling

James Duddridge

Mr John Whittingdale

Mr John Leech

Mr Gerry Sutcliffe

Philip Davies

NC1

To move the following Clause:—

‘(1)
Section 235 of the Gambling Act 2005 (gaming machines) is amended as follows.

(2)
In subsection (2)—

(a)
in subparagraph (h)(ii), leave out “and”, and

(b)
after paragraph (i) insert—

“(j)
a machine is not a gaming machine by reason only of the

fact that it is remote gambling equipment (within the

meaning of section 36) which is made available for use

in a casino.”.

(3)
After subsection (4) insert—

“(4A)
The Secretary of State may by regulations provide for the maximum

number of machines to which subsection (2)(j) applies that may be made

available for use in a casino.”.’.

Member’s explanatory statement

This amendment clarifies that a remote gambling terminal provided in a casino is not a gaming

machine and provides for the Secretary of State to be able to make regulations setting the

maximum number of such machines which may be made available in a casino.

Consideration of Bill: 26 November 2013
1336

Gambling (Licensing and Advertising) Bill, continued

Licence compliance, stipulations and control

Clive Efford

NC2

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

NC3

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

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

NC4

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.’.

Consideration of Bill: 26 November 2013
1337

Gambling (Licensing and Advertising) Bill, continued

Reporting of suspicious activities and power to obtain financial information

Clive Efford

NC5

To move the following Clause:—

‘(1)
In order to promote consistency of sports betting regulation, regulation of remote

sports spread betting operators and of all sports spread betting as defined herein

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.’.

(2)
“Sports spread betting” shall for this purpose mean spread bets in relation to

sports as governed under Schedule 6, Part 3 of the Gambling Act 2005.’.

Consultation on self-exclusion

Clive Efford

NC6

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.’.

Dormant accounts

Clive Efford

NC7

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.

Consideration of Bill: 26 November 2013
1338

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.’.

Discussions between gambling regulatory bodies and sports governing bodies

Clive Efford

NC8

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

NC9

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.’.

Application of the horserace betting levy

Clive Efford

NC10

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

Consideration of Bill: 26 November 2013
1339

Gambling (Licensing and Advertising) Bill, continued

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

‘(c)
holds a remote gambling 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

NC11

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 a remote gambling 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.’.

Financial blocking

Clive Efford

NC12

To move the following Clause:—

‘After section 122 (information) of the Gambling Act 2005, insert—

“122A (1)
The Commission may give a direction under this section if the

Commission reasonably believes that a person or organisation who

does not hold a remote gambling licence is providing remote gambling

services in the United Kingdom.

      (2)
A direction under this section may be given to—

(a)
a particular person operating in the financial sector;

(b)
any description of persons operating in that sector; or

(c)
all persons operating in that sector.

Consideration of Bill: 26 November 2013
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Gambling (Licensing and Advertising) Bill, continued

      (3)
A direction under section (1) may require a relevant person not to enter

into or continue to participate in—

(a)
a specified transaction or business relationship with a

designated person;

(b)
a specified description of transactions or business

relationships with a designated person; or

(c)
any transaction or business relationship with a designated

person.

      (4)
Any reference in this section to a person operating in the financial

sector is to a credit or financial institution that—

(a)
is a United Kingdom person; or

(b)
is acting in the course of a business carried on by it in the

United Kingdom.

      (5)
In this section—

“credit institution” and “financial institution” have the meanings given in

Schedule 7, paragraph 5 of the Counter-Terrorism Act 2008;

“designated person”, in relation to a direction, means any of the persons

in relation to whom the direction is given;

“relevant person”, in relation to a direction, means any of the persons to

whom the direction is given.”.’.

Member’s explanatory statement

This New Clause allows the Gambling Commission to prevent a person or organisation without a

remote gambling licence from accessing the UK market by financial transaction blocking.

Comparison of codes and technical standards in white listed jurisdiction with UK

Clive Efford

NC13

To move the following Clause:—

‘(1)
The Commission shall review the social responsibility provisions of the codes of

practice and technical standards of—

(a)
EEA states; and

(b)
the places to which section 331(2) of the Gambling Act 2005 has applied.

(2)
The Commission shall amend the codes of practice and technical standards issued

in pursuance of section 24(2) of the Gambling Act 2005 so that the code and

technical standards reflects the strongest social responsibility provisions

identified in subsection (1).

(3)
In this section “social responsibility provisions” means a provision of the code

identified as—

(a)
ensuring that gambling is conducted in a fair and open way.

(b)
protecting children and other vulnerable persons from being harmed or

exploited by gambling; and

(c)
making assistance available to persons who are or may be affected by

problems related to gambling.’.

Member’s explanatory statement

This New Clause requires the Gambling Commission to review the codes of white listed

Consideration of Bill: 26 November 2013
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Gambling (Licensing and Advertising) Bill, continued

jurisdictions to establish which has the most comprehensive and sophisticated provisions to

protect problem gamblers and to ensure that the UK codes and technical standards provide as

robust standards for consumer protection.

Self-exclusion for remote gambling

Jim Shannon

NC14

To move the following Clause:—

‘After section 89(1) (remote operating licence) of the Gambling Act 2005,

insert—

“( )
The Commission shall hold a list of persons who have registered to be

excluded from remote gambling.

( )
It shall be a condition of a remote operating licence that an operator must

exclude any person who has registered for self-exclusion with the

Commission.”.’.

Member’s explanatory statement

This New Clause would give the power for the Commission to hold a list of those who wish to self-

exclude. It would be a condition of a remote operating licence that individuals on the list must be

excluded.

Philip Davies

1

Clause  1,  page  2,  line  11,  at end add—

‘(8)
The Secretary of State shall publish a report to Parliament one year after the

commencement of this Act, and annually thereafter, on the enforcement activity

of the Gambling Commission in respect of unlicensed operators attempting to

provide facilities for gambling in the UK.’.

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.

Consideration and Third Reading

2.
Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion two hours after the commencement of those

proceedings.

3.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion three hours after the commencement of proceedings



© Parliamentary copyright	Revised 26 November 2013