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Gambling (Licensing and Advertising) Bill

Amendment
to be moved
on report

After Clause 4

LORD MOYNIHAN

 

Insert the following new Clause—

“Cheating at gambling

Cheating at gambling: amendments to section 42 of the Gambling Act 2005

(1)     In section 42 of the Gambling Act 2005, in paragraph (a) of subsection (4),
for the words “two years” substitute “ten years”.

(2)     In section 42 of the Gambling Act 2005, after subsection (3) insert—

“(3A)    Without prejudice to the generality of subsection (1), cheating at
gambling may, in particular, consist of—

(a)   a person engaging in conduct that corrupts or would
corrupt a betting outcome of an event or event
contingency—

(i)   knowing that, or being reckless as to whether, the
conduct corrupts or would corrupt a betting
outcome of the event or the event contingency, and

(ii)   intending to obtain a financial advantage, or to cause
a financial disadvantage, in connection with any
betting on the event or the event contingency
(whether or not a financial advantage was actually
obtained or a financial disadvantage was actually
caused),

(b)   a person offering to engage in, or encouraging another
person to engage in, conduct that corrupts or would corrupt
a betting outcome of an event or event contingency—

(i)   knowing that, or being reckless as to whether, the
conduct corrupts or would corrupt a betting
outcome of the event or event contingency, and

(ii)   intending to obtain a financial advantage, or to cause
a financial disadvantage, in connection with any
betting on the event or the event contingency
(whether or not a financial advantage was actually
obtained or a financial disadvantage was actually
caused),

(c)   a person entering into an agreement or arrangement in
respect of conduct that corrupts or would corrupt a betting
outcome of an event or event contingency—

(i)   knowing that, or being reckless as to whether, the
conduct the subject of the agreement or arrangement
corrupts or would corrupt a betting outcome of the
event or event contingency, and

(ii)   intending to obtain a financial advantage, or to cause
a financial disadvantage, in connection with any
betting on the event or the event contingency
(whether or not a financial advantage was actually
obtained or a financial disadvantage was actually
caused),

(d)   a person encouraging another person to conceal from a
relevant authority conduct, or an agreement or arrangement
in respect of conduct, that corrupts or would corrupt a
betting outcome of an event or event contingency—

(i)   knowing that, or being reckless as to whether, the
conduct corrupts or would corrupt a betting
outcome of the event or event contingency, and

(ii)   intending to obtain a financial advantage, or cause a
financial disadvantage, in connection with any
betting on the event or event contingency (whether
or not a financial advantage was actually obtained or
a financial disadvantage was actually caused),

(e)   a relevant person—in each case, where the relevant information possessed by
that relevant person is relevant to the bet concerned.

(i)   betting on an event or event contingency, or

(ii)   encouraging another person to bet on an event or
event contingency in a particular way (whether or
not that other person actually bet on the event or
event contingency concerned), or

(iii)   communicating the relevant information possessed
by that relevant person, or causing that relevant
information to be communicated, to another person
who the first person knows or ought reasonably to
know would, or would be likely to, bet on the event
or event contingency (whether or not that other
person actually bet on the event or event
contingency concerned),

  in each case, where the relevant information possessed by that relevant person is relevant to the bet concerned.

(3B)    In subsection (3A)—

“bet” and “betting” includes (without prejudice to the
generality of section 9)—

(a)   placing, accepting or withdrawing a bet, and

(b)   causing a bet to be placed, accepted or withdrawn,

but, for the purposes of subsection (3A) only, shall be limited to bets placed, accepted or withdrawn by means of remote communication,

“causing a financial disadvantage” includes—

(a)   causing a financial disadvantage to another person,
and

(b)   inducing a third person to do something that results
in another person suffering a financial
disadvantage—

whether the financial disadvantage is permanent or temporary,

“conduct” means an act or omission to do an act,

“conduct that corrupts or would corrupt a betting outcome of
an event or an event contingency” means conduct that—

(a)   affects or, if engaged in, would or would be likely to
affect the outcome of any type of betting on the event
or event contingency, and

(b)   is contrary to the standards of integrity that a
reasonable person would expect of persons in a
position to affect the outcome of any type of betting
on the event or event contingency,

“encouraging” includes inciting, inducing, persuading,
urging, threatening or pressurising,

“engaging in conduct” means—

(a)   doing an act, or

(b)   omitting to do an act,

“event contingency” means a contingency connected to an
event,

“obtaining a financial advantage” includes—

(a)   obtaining a financial advantage for oneself or
another person, and

(b)   inducing a third person to do something that results
in obtaining a financial advantage for oneself or for
another person, and

(c)   retaining a financial advantage that one has,

whether the financial advantage is permanent or temporary,

“relevant authority” means—

(a)   a member of a police force, or

(b)   the Commission, or

(c)   any person or body listed in Schedule 6, or

(d)   any other authority of a kind as may be prescribed
by the Secretary of State by order,

“relevant information” means information in connection with
an event or event contingency about conduct that corrupts
or would corrupt a betting outcome of the event or event
contingency,

“relevant person” means a person who possesses relevant
information and knows that, or is reckless as to whether,
that relevant information is about conduct that corrupts or
would corrupt a betting outcome of the event or event
contingency.

(3C)    A person will be taken to have intended to obtain a financial
advantage, or cause a financial disadvantage, if, and only if, that
person—

(a)   intended to obtain a financial advantage, or to cause a
financial disadvantage, in connection with betting on an
event or event contingency, or

(b)   was aware that another person intended to obtain a
financial advantage, or to cause a financial disadvantage, in
connection with betting on an event or event contingency as
a result of the conduct concerned.””

Prepared 1st February 2014