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Finance BillPage 510

amount of that instalment payment, or the first of them, is to be increased by
the adjustment amount.

(4) If there are no post-commencement instalment payments, a further
instalment payment, in respect of the total liability of E for the accounting
5period, of an amount equal to the adjustment amount is to be treated as
becoming due and payable at the end of the period of 30 days beginning
with the commencement date.

(5) “The adjustment amount” is the difference between—

(a) the aggregate amount of the pre-commencement instalments
10determined in accordance with sub-paragraph (2), and

(b) the aggregate amount of those instalment payments determined
ignoring sub-paragraph (2) (and so taking account of paragraphs 9
and 10).

(6) In the Instalment Payment Regulations—

(a) 15in regulations 6(1)(a), 7(2), 8(1)(a) and (2)(a), 9(5), 10(1), 11(1) and 13,
references to regulation 4A, 4B, 4C, 4D, 5, 5A or 5B of those
Regulations are to be read as including a reference to sub-paragraphs
(1) to (5) above (and in regulation 7(2) “the regulation in question”,
and in regulation 8(2) “that regulation”, are to be read accordingly),
20and

(b) in regulation 9(3), the reference to those Regulations is to be read as
including a reference to sub-paragraphs (1) to (5) above.

(7) In section 59D of TMA 1970 (general rule as to when corporation tax is due
and payable), in subsection (5), the reference to section 59E is to be read as
25including a reference to sub-paragraphs (1) to (6) above.

(8) In this paragraph—

and references to the total liability of E for an accounting period are to be
construed in accordance with regulation 2(3) of the Instalment Payment
Regulations.

Section 170

35SCHEDULE 23 Suspension and revocation of remote operating licences

Breach notice

1 (1) The Commissioners may give a breach notice to the holder of a remote
operating licence if it appears to them that there has been a breach of—

(a) 40a requirement to be registered under this Part in respect of an activity
authorised by the licence,

(b) any conditions or requirements relating to registration under this
Part in respect of such an activity,

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(c) a requirement to pay general betting duty, pool betting duty or
remote gaming duty in respect of such an activity, or

(d) a requirement imposed in respect of such an activity by a notice
given under section 163 (requirement to provide security or further
5security) or 164 (requirement to appoint UK representative).

(2) The breach notice must specify—

(a) the breach,

(b) the action that must be taken in order to remedy the breach, and

(c) the period (which must be at least 90 days) within which the action
10must be taken.

(3) The Commissioners may by regulations—

(a) make provision as to cases in which a breach notice may or may not
be given (including provision amending this paragraph);

(b) amend sub-paragraph (2)(c) by substituting for the period for the
15time being specified there a different period.

Final notice

2 (1) If it appears to the Commissioners that the breach has not been remedied in
full within the period specified in the breach notice, they may give the
holder of the remote operating licence a final notice.

(2) 20The final notice must—

(a) specify the breach and the extent to which it has not been remedied
since the breach notice was given,

(b) specify the period within which a review may be required or appeal
brought, and

(c) 25state that (unless the breach is remedied and subject to the outcome
of any review, appeal or further appeal) the Commissioners will
direct the Gambling Commission to suspend the remote operating
licence after the end of the period.

(3) The decision to give the final notice is to be treated as a relevant decision for
30the purposes of sections 15A and 15C to 16 of FA 1994 (customs and excise
reviews and appeals) and, accordingly, the final notice must include an offer
of a review of the decision under section 15A of that Act.

(4) Only the holder of the remote operating licence may bring an appeal under
section 16 of FA 1994 as applied by sub-paragraph (3).

35Direction to suspend remote operating licence

3 (1) After the review request period has ended, the Commissioners may direct
the Gambling Commission to suspend the remote operating licence if the
breach specified in the final notice has not been remedied in full to the
satisfaction of the Commissioners.

(2) 40But if the Commissioners have been required to review the decision, or an
appeal has been brought against the decision, a direction may be given
under sub-paragraph (1) only if—

(a) the decision to give the final notice has been upheld (in whole or in
part) and the period within which any appeal or further appeal may
45ordinarily be brought has ended,

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(b) the proceedings on the review, appeal or any further appeal have
been abandoned, withdrawn or discontinued, or

(c) the proceedings on the review, appeal or any further appeal are in
progress and—

(i) 5the Commissioners consider that the holder of the remote
operating licence usually lives in or, if a body corporate, is
legally constituted in a country or territory with which the
United Kingdom does not have satisfactory arrangements for
the enforcement of liabilities,

(ii) 10the breach was a failure to pay an amount of general betting
duty, pool betting duty or remote gaming duty, and

(iii) the holder of the licence has not given to the Commissioners
such security as appears to them adequate for the payment of
the amount of duty that remains due.

(3) 15A direction under this paragraph may include provision directing the
Gambling Commission as to how it is to exercise its powers under section
118(4) of the Gambling Act 2005 (time and duration of suspension and
saving and transitional provision).

(4) In this paragraph “the review request period” means the period of 30 days
20beginning with the date of the final notice, subject to any extension given
under section 15D of FA 1994.

Reinstatement of remote operating licence

4 (1) The Commissioners may direct the Gambling Commission to reinstate a
remote operating licence suspended pursuant to a direction under
25paragraph 3 if the Commissioners are satisfied that—

(a) the breach specified in the final notice has been remedied in full,

(b) there are no other grounds on which a breach notice could be given
in respect of the licence, and

(c) the holder of the licence has given to the Commissioners any security
30requested by them for the payment of amounts of general betting
duty, pool betting duty and remote gaming duty likely to be due in
future in respect of any activity authorised by the licence.

(2) Where the holder of a suspended licence requests the Commissioners to give
a direction under this paragraph and the Commissioners refuse to give the
35direction, they must notify the holder of their decision.

(3) That decision is to be treated as a relevant decision for the purposes of
sections 15A and 15C to 16 of FA 1994 (customs and excise reviews and
appeals) and, accordingly, the notice under sub-paragraph (2) must include
an offer of a review of the decision under section 15A of that Act.

(4) 40Only the holder of the suspended licence may bring an appeal under section
16 of FA 1994 as applied by sub-paragraph (3).

5 (1) An appeal tribunal may direct the Gambling Commission to reinstate a
remote operating licence suspended pursuant to a direction under
paragraph 3 if the tribunal gives permission to appeal against a decision to
45give a final notice under section 16(1F) of FA 1994 (appeal out of time).

(2) The reinstatement of a remote operating licence pursuant to a direction
given under sub-paragraph (1) does not prevent the Commissioners from

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giving a further direction under paragraph 3(1) in reliance on the final notice
if—

(a) the decision to give the notice is upheld (in whole or in part) in the
proceedings on the appeal or any further appeal, or the proceedings
5on the appeal or any further appeal have been abandoned,
withdrawn or discontinued, and

(b) the period during which any further appeal may ordinarily be
brought has ended without an appeal being brought.

(3) In this paragraph “appeal tribunal” has the same meaning as in Chapter 2 of
10Part 1 of FA 1994.

Revocation of remote operating licence

6 (1) The Commissioners may direct the Gambling Commission to revoke a
remote operating licence suspended pursuant to a direction under
paragraph 3 if the breach specified in the final notice has not been remedied
15in full to the satisfaction of the Commissioners within the period of 6 months
beginning with the day on which the direction under paragraph 3 was given.

(2) A direction under this paragraph may include provision directing the
Gambling Commission as to how it is to exercise its powers under section
119(4) of the Gambling Act 2005 (time of revocation and saving and
20transitional provision).

(3) The Commissioners must notify the holder of the suspended licence of their
decision to give the direction.

(4) That decision is to be treated as a relevant decision for the purposes of
sections 15A and 15C to 16 of FA 1994 (customs and excise reviews and
25appeals) and, accordingly, the notice must include an offer of a review of the
decision under section 15A of that Act.

(5) Only the holder of the suspended licence may bring an appeal under section
16 of FA 1994 as applied by sub-paragraph (4).

Consent requirement for grant of new remote operating licence

7 (1) 30The Gambling Commission requires the consent of the Commissioners to
issue a remote operating licence to the holder of a licence—

(a) which is suspended pursuant to a direction under paragraph 3, or

(b) which has been revoked pursuant to a direction under paragraph 6.

(2) The Commissioners must notify the holder of the suspended or revoked
35licence of any decision—

(a) not to give their consent under this paragraph, or

(b) to give it subject to conditions.

(3) That decision is to be treated as a relevant decision for the purposes of
sections 15A and 15C to 16 of FA 1994 (customs and excise reviews and
40appeals) and, accordingly, the notice under sub-paragraph (2) must include
an offer of a review of the decision under section 15A of that Act.

(4) Only the holder of the suspended or revoked licence may bring an appeal
under section 16 of FA 1994 as applied by sub-paragraph (3).

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Supplementary

8 (1) A notice under this Schedule—

(a) must be in writing, and

(b) may specify more than one breach.

(2) 5The fact that a breach notice specifying one or more breaches has been given
to the holder of a remote operating licence does not prevent a breach notice
specifying other breaches being given to the holder of the licence.

9 References in this Schedule to the holder of a remote operating licence are to
the person to whom the licence is or was issued.

Section 189

10SCHEDULE 24 Part 3: Consequential amendments and repeals

Part 1 Betting and Gaming Duties Act 1981

1 BGDA 1981 is amended as follows.

2 15Omit sections 1 to 12 (general betting duty and pool betting duty).

3 In section 17 (bingo duty) for subsection (2A) substitute—

(2A) Bingo duty is not charged on the playing of a game of bingo which is
not licensed bingo if every person playing the game participates by
the use of—

(a) 20the internet,

(b) telephone,

(c) television,

(d) radio, or

(e) any other kind of electronic or other technology for
25facilitating communication.

4 Omit sections 26A to 26M (remote gaming duty).

5 In section 27 (offences by bodies corporate), omit “paragraph 13(1) or (3) or
14(1) of Schedule 1 or”.

6 In section 31 (protection of officers), for “general betting duty, bingo duty or
30remote gaming duty” substitute “bingo duty”.

7 Omit Schedule A1 (general betting duty and pool betting duty: double
taxation relief).

8 Omit Schedule 1 (administration of general betting duty and pool betting
duty).

9 35Omit Schedule 4B (remote gaming duty: double taxation relief).

Finance BillPage 515

Part 2 Other amendments and repeals

Customs and Excise Management Act 1979

10 CEMA 1979 is amended as follows

11 (1) 5Section 1(1) (interpretation) is amended as follows.

(2) In the definition of “the revenue trade provisions of the customs and excise
Acts”, after paragraph (f) insert—

(3) In the definition of “revenue trader”—

(a) 10in paragraph (a)(ic), for “gaming within the meaning of the Betting
and Gaming Duties Act 1981 (see section 33(1))” substitute “any
activity that constitutes betting or gaming for the purposes of Part 3
of the Finance Act 2014 (see sections 143, 176 and 181)”,

(b) after paragraph (a)(id) insert—

(c) 20in paragraph (a)(ii) for “or (id)” substitute “, (id) or (ie)”.

12 After section 118BC insert—

118BCA Inspection powers: betting duties and remote gaming duty

(1) Subsection (2) applies to premises if an officer has reasonable cause
to believe that—

(a) 25betting facilities are being provided, have been provided or
are to be provided there,

(b) a totalisator is being operated, has been operated or is to be
operated there, or

(c) any business in respect of which a person is or may become
30liable to remote gaming duty is being carried on, has been
carried on or is to be carried on there.

(2) The officer may at any reasonable time enter and inspect the
premises and inspect—

(a) accounts, records and other documents in the custody or
35control of a relevant person, and

(b) any relevant equipment.

(3) Subsection (1) does not permit an officer to enter or inspect a
particular part of premises if—

(a) the officer has no reasonable cause to believe that paragraph
40(a), (b) or (as the case may be) (c) of that subsection is satisfied
with respect to that particular part, and

(b) that part is used only as a dwelling.

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(4) An officer may at any reasonable time (whether or not as part of an
inspection under subsection (2)) require a relevant person or anyone
acting on such a person’s behalf—

(a) to open any relevant equipment, and

(b) 5to carry out any other operation that may be necessary to
enable the officer to ascertain whether any general betting
duty, pool betting duty or remote gaming duty is payable in
respect of it and, if so, how much.

(5) A “relevant person” is a person—

(a) 10who by virtue of being a bookmaker, being treated by section
126 of the Finance Act 2014 as a bookmaker or providing
facilities for making bets is liable to general betting duty,

(b) who by virtue of being a bookmaker is liable to pool betting
duty,

(c) 15who by virtue of entering into arrangements for chargeable
persons to participate in remote gaming is liable to remote
gaming duty, or

(d) who is reasonably suspected by the officer of being, having
been or being about to become liable as mentioned in
20paragraph (a), (b) or (c).

(6) “Relevant equipment” is equipment that is being, or that the officer
reasonably suspects of having been or of being intended to be, used
on the premises for or in connection with any activity that constitutes
betting or gaming for the purposes of Part 3 of the Finance Act 2014
25(see sections 143, 176 and 181).

(7) Expressions used in this section and Part 3 of the Finance Act 2014
have the same meanings in this section as in that Part.

13 (1) Section 118BD (inspection powers: supplementary provision) is amended as
follows.

(2) 30In subsections (1) and (2), for “or 118BC,” substitute “, 118BC or 118BCA,”.

(3) In subsection (3), for “and 118BC” substitute “, 118BC and 118BCA”.

14 In section 118G(1) (offence of failing comply with requirements imposed
under Part 9A), for “or 118BC(4)” substitute “, 118BC(4) or 118BCA(4)”.

Finance Act 1994

15 35FA 1994 is amended as follows.

16 In section 12 (assessments to excise duty), in subsection (2)(c)—

(a) omit “1 or”, and

(b) after “2012” insert “or Part 3 of the Finance Act 2014”.

17 Omit section 13A(2)(ga) (relevant decision: double taxation relief
40repayment).

18 (1) Paragraph 6 of Schedule 5 (decisions subject to review and appeal) is
amended as follows.

(2) Omit sub-paragraph (1)(a).

(3) In sub-paragraph (2)—

Finance BillPage 517

(a) omit paragraph (a), and

(b) in paragraph (b), for “that Act” substitute “the Betting and Gaming
Duties Act 1981”.

(4) Omit sub-paragraph (3).

5Value Added Tax Act 1994

19 (1) Section 23A (meaning of “relevant machine game”) is amended as follows.

(2) In subsection (2)(f), for “section 26A of the Betting and Gaming Duties Act
1981 (remote gaming duty: interpretation)” substitute “section 147(1) of the
Finance Act 2014 (meaning of remote gaming)”.

(3) 10In subsection (3), in the definition of “real game of chance”, for “the Betting
and Gaming Duties Act 1981” substitute “Part 3 of the Finance Act 2014 (see
section 181(1)(b))”.

Finance Act 1997

20 (1) Schedule 1 to FA 1997 (gaming duty: administration and enforcement) is
15amended as follows.

(2) In paragraph 12(4), for “the offences” substitute “the offence”.

(3) In paragraph 16, for “general betting duty” substitute “bingo duty”.

Criminal Justice and Police Act 2001

21 Omit paragraph 27 of Schedule 1 to the Criminal Justice and Police Act 2001
20(application of section 50 to power of seizure under paragraph 16(2) of
Schedule 1 to BGDA 1981).

Gambling Act 2005

22 The Gambling Act 2005 is amended as follows.

23 In section 67 (remote operating licence), at the end insert—

(4) 25The power of the Commission to issue a remote operating licence to
the holder of a licence suspended or revoked pursuant to a direction
given under Schedule 23 to the Finance Act 2014 is subject to
paragraph 7 of that Schedule (requirement for HMRC’s consent).

24 In section 118 (suspension of operating licence), after subsection (3) insert—

(3A) 30The Commission must suspend an operating licence if directed to do
so under paragraph 3 of Schedule 23 to the Finance Act 2014.

25 After that section insert—

118A Reinstatement

(1) If an operating licence has been suspended in accordance with
35section 118(3A), the Commission must reinstate the licence if
directed to do so under paragraph 4 or 5 of Schedule 23 to the
Finance Act 2014.

(2) Where the Commission reinstate an operating licence it—

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(a) must specify the time when the reinstatement takes effect,
and

(b) may make the reinstatement subject to conditions.

26 In section 119 (revocation of operating licence), after subsection (3) insert—

(3A) 5The Commission must revoke an operating licence if directed to do
so under paragraph 6 of Schedule 23 to the Finance Act 2014.

Finance Act 2008

27 (1) The Table in paragraph 1 of Schedule 41 to FA 2008 (penalties: failure to
notify and certain VAT and excise wrongdoing) is amended as follows.

(2) 10For the entries relating to general betting duty and pool betting duty
substitute—

General
betting duty
Obligation to register under section 157(2)
of FA 2014 (registration of persons liable
etc for general betting duty).
Pool betting
duty
15Obligation to register under section 157(2)
of FA 2014 (registration of persons liable
etc for pool betting duty).

(3) For the entry relating to remote gaming duty substitute—

Remote
gaming
duty
Obligation to register under section 157(2)
20of FA 2014 (registration of persons liable
etc for remote gaming duty).

Finance Act 2009

28 FA 2009 is amended as follows.

29 The Table in paragraph 1 of Schedule 55 (penalty for failure to make returns
25etc) is amended as follows—

(a) in item 23 (general betting duty), for “paragraph 2 of Schedule 1 to
BGDA 1981” substitute “section 159 of FA 2014”,

(b) in item 24 (pool betting duty), for “paragraph 2A of Schedule 1 to
BGDA 1981” substitute “section 159 of FA 2014”, and

(c) 30in item 28 (remote gaming duty), for “26K of BGDA 1981” substitute
“159 of FA 2014”.

30 (1) The Table in paragraph 1 of Schedule 56 (penalty for failure to make
payments on time) is amended as follows.

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(2) For items 11H and 11I substitute—

11H General betting
duty
Amount payable
under section 135 of
FA 2014

The date determined—

(a)

under section
5135 of FA 2014,
or

(b)

by or under
regulations
under section
10156 or 160 of that
Act,




11I Pool betting duty Amount payable
under section 144 of
FA 2014
15

The date determined—

(a)

under section
144 of FA 2014,
or

(b)

20by or under
regulations
under section
156 or 160 of that
Act,


25

(3) For item 11M substitute—

11M Remote gaming
duty
Amount payable
under section 155 of
FA 2014
The date determined by
30or under regulations
under section 156 or 160
of FA 2014 as the date
by which the amount
must be paid

35Finance Act 2012

31 (1) Schedule 24 to FA 2012 (machine games duty) is amended as follows.

(2) In paragraph 3(2), for “BGDA 1981” substitute “Part 3 of FA 2014”.

(3) In paragraph 37(5), for “the offences” substitute “the offence”.

(4) In paragraph 38, for “remote gaming duty” substitute “bingo duty”.

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