Session 2013 - 14
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401

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 26 November 2013

 

Report Stage Proceedings

 

Gambling (Licensing and Advertising) Bill


 

New ClauseS

 

Facilities for remote gambling

 

James Duddridge

 

Mr John Whittingdale

 

Mr John Leech

 

Mr Gerry Sutcliffe

 

Philip Davies

 

Withdrawn  NC1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 maxi­

 

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

 



 
 

Report Stage Proceedings: 26 November 2013              

402

 

Gambling (Licensing and Advertising) Bill, continued

 
 

Licence compliance, stipulations and control

 

Clive Efford

 

Not called  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

 

Not called  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

 

Not called  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.’.

 



 
 

Report Stage Proceedings: 26 November 2013              

403

 

Gambling (Licensing and Advertising) Bill, continued

 
 

Reporting of suspicious activities and power to obtain financial information

 

Clive Efford

 

Not called  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

 

Not called  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

 

Not called  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.


 
 

Report Stage Proceedings: 26 November 2013              

404

 

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

 

Not called  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

 

Not called  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

 

Not called  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


 
 

Report Stage Proceedings: 26 November 2013              

405

 

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

 

Negatived on division  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

 

Not called  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.


 
 

Report Stage Proceedings: 26 November 2013              

406

 

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

 

Not called  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 jurisdic­

 

tions to establish which has the most comprehensive and sophisticated provisions to protect prob­


 
 

Report Stage Proceedings: 26 November 2013              

407

 

Gambling (Licensing and Advertising) Bill, continued

 
 

lem 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

 

Negatived on division  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

 

Not called  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.’.

 

Bill read the third time, and passed.

 


 
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Revised 27 November 2013