Governance of Sport Bill (HL Bill 20)

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) 5a 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) 10knowing 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
15with 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—

(i) 20betting on an event or event contingency,

(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) 25communicating 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
30likely 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) 35In 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
  40withdrawn, 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  accepted or withdrawn by means of remote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)

  45causing a financial disadvantage to another
  person, and

  (b)

  inducing a third person to do something that
  results in another person suffering a financial
  disadvantage,

  50whether the financial disadvantage is permanent or
  temporary;

• “conduct” means an act or omission to do an act;

Governance of Sport BillPage 11

• “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
  5likely 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
  10betting 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)

  15omitting 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
  20another person,

  (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,
  25whether the financial advantage is permanent or
  temporary;

• “relevant authority” means—

  (a)

  a member of a police force,

  (b)

  the Commission,

  (c)

  30any 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
  35corrupts or would corrupt a betting outcome of the
  event or event contingency; and

• “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
  40or 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) 45intended 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
50disadvantage, in connection with betting on an event or

event contingency as a result of the conduct
concerned.“; and”

(b) in subsection (4)(a), for the words “two years” substitute “ten years”.

(2) The Secretary of State shall review the powers available to the Gambling
5Commission (either directly or in co-operation with others) and, if necessary,
shall make regulations to amend such powers in order to ensure that they are
sufficient to manage the regulatory risks involved.

10 Sporting event betting licensing

(1) It shall be an offence for a person or entity to provide a betting service on a
10sporting event unless they hold a valid sporting event betting licence in
accordance with subsections (3) to (6).

(2) An offence under subsection (1) shall be actionable by the relevant sporting
event-controlling body, which shall have available to it all such relief by way
of damages, injunctions or otherwise.

(3) 15A sporting event-controlling body may enter into a sporting event betting
licence with a betting provider.

(4) A sporting event betting licence must—

(a) provide for the sharing of information between the sporting event-
controlling body and the betting provider for the purpose of protecting
20and supporting integrity in sports and betting services; and

(b) state any fee payable by the betting provider to the sporting event-
controlling body in respect of the betting services in relation to the
sporting event or events.

(5) A sporting event betting licence may—

(a) 25prohibit betting on a particular contingency or class of contingencies in
relation to a sporting event if the sporting event-controlling body
considers that betting on the contingency may expose the relevant
sporting event or class of sporting event to unmanageable integrity
risks;

(b) 30contain such additional measures as the sporting event-controlling
body, acting reasonably, considers necessary or desirable in controlling
integrity risks in relation to the relevant sporting event or events; and

(c) contain any other matters which the parties consider appropriate.

(6) A sporting event betting licence shall take effect, and may be terminated, in
35accordance with its terms.

11 Advertising regulations for governing bodies of sport and major sporting
events

(1) In order to ensure that intellectual property rights are adequately protected,
the Secretary of State may make regulations about advertising—

(a) 40in relation to governing bodies of sport; and

(b) in the vicinity of major sporting events.

(2) The regulations may specify, or provide criteria for determining—

(a) the advertising locations to which they apply;

(b) the nature of the advertising in respect of which they apply; and

(c) what is, or is not, to be treated for the purposes of the regulations as
advertising in the vicinity of a major sporting event.

(3) The regulations may apply to advertising of any kind including, in particular—

(a) advertising of a non-commercial nature; and

(b)
5announcements or notices.

(4) The regulations may apply in respect of advertising in any form including, in
particular—

(a) the distribution or provision of documents or articles;

(b) the display or projection of words, images, lights or sounds; and

(c) 10things done with or in relation to material which has or may have
purposes or uses other than as an advertisement.

(5) The regulations may specify, or provide criteria for determining, the period of
time during which they apply; and—

(a) the regulations shall apply only for such time as the Secretary of State
15considers necessary; and

(b)
the regulations may apply during different periods in respect of
different places.

(6) The regulations—

(a) may prohibit action—

(i) 20of a specified kind, or

(ii) in specified circumstances;

(b) may impose obligations on persons who—

(i) take action in relation to an advertisement,

(ii) have an interest in or responsibility for a product or service to
25which an advertisement relates, or

(iii) own, occupy or have responsibility for the management of land,
premises or other property;

(c) may, in particular, impose on a person an obligation to take steps to
ensure—

(i) 30that other persons do not take action of a particular kind, and

(ii)
that a situation is not permitted to continue;

(d)
shall have effect despite any consent or permission granted (whether
before or after the commencement of the regulations) by any
landowner, local authority or other person; and

(e) 35may provide for enforcement rules, including the right of a constable or
enforcement officer to enter land or premises on which they reasonably
believe a contravention is occurring and to remove, destroy, conceal or
erase any infringing article.

(7) A person commits an offence if he or she contravenes regulations under this
40section.

(8) It shall be a defence for a person charged with an offence under this section to
prove that the contravention of the regulations occurred—

(a) without his or her knowledge; or

(b) despite his or her taking all reasonable steps to prevent it from
45occurring or, where he or she became aware of it after its
commencement, from continuing.

(9) A person guilty of an offence under subsection (7) shall be liable—

(a) on conviction on indictment, to a fine; or

(b) on summary conviction, to a fine not exceeding £20,000.

12 Trading regulations for governing bodies of sport and major sporting events

(1) In order to ensure that intellectual property rights are adequately protected,
5the Secretary of State may make regulations about trading—

(a) in relation to governing bodies of sport; and

(b) in the vicinity of major sporting events.

(2) The regulations may specify, or provide criteria for determining—

(a) the places where they apply;

(b) 10the nature of the trading in respect of which they apply; and

(c) what is, or is not, to be treated for the purposes of the regulations as
trading in the vicinity of a major sporting event.

(3) The regulations may apply only in respect of trading which takes place—

(a) on a highway; or

(b) 15in another place—

(i) to which the public have access, whether generally or only for
the purpose of the trading, and

(ii)
which is not in any building other than one designed or
generally used for the parking of cars.

(4) 20The regulations may specify, or provide criteria for determining, the period of
time during which they apply; and they—

(a) shall apply only for such time as the Secretary of State considers
necessary; and

(b)
may apply during different periods in respect of different places.

(5)
25The regulations may permit, subject to any specified conditions, trading in
accordance with an authorisation as further specified in the regulations.

(6) An authorisation may be subject to terms and conditions; in particular an
authorisation—

(a) may be subject to terms and conditions about the times at which
30trading is carried out or about steps to be taken in respect of congestion,
litter or noise; and

(b)
granted to a person may be subject to terms and conditions which are
inconsistent with, or more onerous than, the terms and conditions of
any other licence held by the person in respect of trading.

(7) 35The regulations shall include provision about the circumstances in which
authorisations under subsection (6) may or may not be granted; and the
regulations may, in particular—

(a) stipulate that an authorisation be granted in respect of a place only if a
specified kind of licence exists in respect of trading in that place;

(b) 40stipulate that an authorisation be granted in respect of a place only if it
is designated for a specified purpose in accordance with a specified
enactment;

(c) stipulate that an authorisation be granted to a person only if he or she
holds a specified kind of licence in respect of trading;

(d) 45stipulate that an authorisation may be granted for trading in the course
of a fair or market (which the regulations may define) only where—

(i) the fair or market is held in accordance with a specified kind of
licence or right, and

(ii)
any other specified conditions are satisfied; and

(e) confer, subject to provisions of the regulations, an absolute discretion
5in respect of each application for authorisation.

(8) The regulations may provide for enforcement rules, including the right of a
constable or enforcement officer to enter land or premises on which they
reasonably believe a contravention is occurring and to remove any infringing
article.

(9) 10A person commits an offence if he or she contravenes regulations under this
section.

(10) A person guilty of an offence under subsection (9) shall be liable—

(a) on conviction on indictment, to a fine; or

(b) on summary conviction, to a fine not exceeding £20,000.

13 15Local authority responsibility for sport

(1) Section 19 of the Local Government (Miscellaneous Provisions) Act 1976
(recreational facilities) is amended in accordance with subsections (2) and (3).

(2) For subsection (1) substitute—

“(1) A local authority shall ensure that there is adequate provision of
20facilities for the inhabitants of their area for recreational, sporting,
cultural and social activities. In particular, this shall include planning
for recreational space.”.

(3) For subsection (2) substitute—

“(2) Without prejudice to the duty imposed by subsection (1), a local
25authority may provide or do, or arrange for the provision of or doing
of, or contribute towards the expenses of providing or doing, anything
necessary or expedient to ensure that facilities for recreational,
sporting, cultural or social activities are available, whether inside or
outside their area, as they consider appropriate.”.

(4) 30Section 43 of the Local Government Finance Act 1988 (occupied hereditaments:
liability) is amended in accordance with subsections (5) and (6).

(5) For subsection (6) substitute—

“(6) This subsection applies where on the day concerned the ratepayer is a
charity or trustees for a charity and the hereditament is wholly or
35mainly used for charitable purposes (whether of that charity or of that
and other charities).”.

(6) After subsection (7), the following wording shall be inserted as a new
subsection (7A)—

“(7A) Where section 43 applies the chargeable amount for a chargeable day is
40zero in the following cases-

(a) the first case is where the ratepayer is a registered club for the
purposes of Chapter 9 of Part 13 of the Corporation Tax Act
2010 (community amateur sports clubs) and the hereditament is
wholly or mainly used—

(i) for the purposes of that club, or

(ii) for the purposes of that club and of other such registered
clubs; and

(b) the second case is where the ratepayer is any other type of
5sports ground or community playing fields as specified by the
Secretary of State for Culture, Media and Sport.”.

(7) Section 44A of the Local Government Finance Act 1988 (partly occupied
hereditaments) is amended in accordance with subsection (8).

(8) After subsection (1), the following wording shall be inserted as a new
10subsection (1A)—

“(1A) Where section 44A applies the chargeable amount for a chargeable day
is zero in the following cases—

(a) the first case is where the ratepayer is a registered club for the
purposes of Chapter 9 of Part 13 of the Corporation Tax Act
152010 (community amateur sports clubs) and—

(i) the occupied part of the hereditament is wholly or
mainly used for the purposes of that club or for the
purposes of that club and of other such registered clubs,
and

(ii) 20when the unoccupied part of the hereditament is next in
use, it will be wholly or mainly used for the purposes of
that club and that club will be such a registered club, or
it will be wholly or mainly used for the purposes of two
or more clubs including that club, and each of those
25clubs will be such a registered club; and

(b) the second case is where the ratepayer is any other type of
sports ground or community playing fields as specified by the
Secretary of State for Culture, Media and Sport.”.

(9) Section 45A of the Local Government Finance Act 1988 (unoccupied
30hereditaments: zero-rating) is amended in accordance with subsection (10).

(10) After subsection (3), the following wording shall be inserted as a new
subsection (4)—

“(4) The third case is where the ratepayer is any other type of sports ground
or community playing fields as specified by the Secretary of State for
35Culture, Media and Sport.”.

(11) The Secretary of State shall make regulations—

(a) to determine such sports grounds and community playing fields as he
or she thinks appropriate for the purposes of section 43(7A) (occupied
hereditaments liability), section 44A(1A) (partly occupied
40hereditaments) and section 45A(4) (unoccupied hereditaments:
liability) of the Local Government Finance Act 1988; and

(b) to ensure that sports grounds and community playing fields in
Northern Ireland and Scotland are exempt from business rates in the
same way as those in England and Wales.

14 A single entity to merge UK Sport and Sport England: “Sport 2022”

(1) The Secretary of State shall lay before both Houses for approval an annual
report setting out policy in relation to sporting programmes in receipt of lottery
or other public funding (or both).

(2) 5The Secretary of State shall make regulations to form a body (henceforth
known as “Sport 2022”) to oversee the delivery, in such manner as it may think
appropriate, the objectives set out in the annual report referred to in subsection
(1), including the principal objective which is to empower the governing
bodies of sport, sports clubs, local communities and volunteers to implement a
10UK sports strategy.

(3) In particular, the Secretary of State—

(a) shall ensure that Sport 2022 has—

(i) appropriate governance procedures in place, and

(ii) an athletes’ commission;

(b) 15shall make regulations to transfer the existing powers, rights and
obligations of UK Sport and Sport England to Sport 2022;

(c) may appoint the chairman of Sport 2022; and

(d) shall ensure that Sport 2022 will be obliged to coordinate with the
relevant bodies in Scotland, Wales and Northern Ireland in relation to
20the delivery of the objectives set out in the annual report referred to in
subsection (1).

(4) Governing bodies of sport shall provide such assistance and cooperation as is
reasonably required by Sport 2022 to assist it in carrying out the functions set
out in subsection (2).

15 25The 2012 Olympic and Paralympic Legacy Programme

The Secretary of State shall lay before both Houses of Parliament for
subsequent debate an annual report entitled “The 2012 Olympic and
Paralympic Legacy Programme”, specifically setting out the progress made on
urban regeneration in and around the London Olympic site and the impact of
30sports legacy throughout the United Kingdom.

16 National anti-doping provisions

(1) Subsections (2) and (3) apply to—

(a) all athletes participating in sport in the UK who are members of a
governing body of sport or an affiliate organisation or licensee of a
35governing body of sport (including any clubs, teams, associations or
leagues);

(b) all athletes participating in such capacity in sporting events,
competitions or other activities in the UK organised, convened,
authorised or recognised by a governing body of sport or any of its
40member or affiliate organisations or licensees (including any clubs,
teams, associations or leagues), wherever held;

(c) any other athlete participating in sport in the UK who, by virtue of a
contractual arrangement or otherwise, is subject to the jurisdiction of a
governing body of sport for purposes of anti-doping; and

(d) 45any person belonging to the entourage of an athlete;

whether or not such person is a citizen of, or resident in, the United Kingdom.

(2) An athlete is guilty of an offence if he or she knowingly takes a prohibited
substance with the intention, or one of the intentions, of enhancing his or her
performance.

(3) A person belonging to the entourage of an athlete is guilty of an offence if he
5or she encourages or assists or hides awareness of the relevant athlete taking a
prohibited substance with the intention, or one of the intentions, of enhancing
such athlete’s performance.

(4) Any person guilty of an offence under subsection (2) or (3) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum
10or imprisonment for a term not exceeding six months, or to both; or

(b) on conviction on indictment, to a fine not exceeding the statutory
maximum or imprisonment for a term not exceeding two years, or to
both.

(5) UK Anti-Doping shall discuss the following issues with the World Anti-
15Doping Agency annually—

(a) the effectiveness of section 11 of the International Standard for Testing
(athlete whereabouts requirements) and its harmonisation with EU
privacy and working time rules and The European Convention on
Human Rights;

(b) 20the effectiveness of the international work of the World Anti-Doping
Agency; and

(c) progress on the development of a universal rollout of athlete biological
passports.

(6) UK Anti-Doping shall submit the results of the annual discussions referred to
25in subsection (5) to the Secretary of State, who shall in turn—

(a) lay before both Houses of Parliament an annual report documenting—

(i) whether the athlete whereabouts requirements are effective in
combating the abuse of drug-taking and in compliance with EU
privacy and working time rules and The European Convention
30on Human Rights, and

(ii) the performance of the World Anti-Doping Agency in general;
and

(b) determine whether the Government should remain a member and
continue to support the World Anti-Doping Agency.

17 35Limited liability and default constitution for members’ clubs

(1) Provided that members’ clubs—

(a) publish their financial statements (on a website or otherwise); and

(b) use the words “Members’ Club” or “M.C.” at the end of their name;

their liability shall be limited to such value as shown in their financial
40statements.

(2) The members of members’ clubs shall have the same rights and liabilities as
shareholders in a limited liability company.

(3) The Secretary of State may make regulations to prescribe a model constitution
for members’ clubs, which shall apply unless the members’ club chooses to
45adopt an alternative constitution.

18 Visa and immigration rules for elite tournaments

(1) The Minister for Security and Immigration may make regulations to facilitate
a more efficient process for the administration of visas for—

(a) spectators holding tickets to sporting events due to be hosted in the UK;
5and

(b) athletes participating in sporting events, competitions and other
activities organised, convened, authorised or recognised by a
governing body of sport or any of its member or affiliate organisations
or licensees (including any clubs, teams, associations or leagues).

(2) 10In relation to athletes, the Minister for Security and Immigration may make
regulations to require the allocation of visas or work permits (or both) to any
club, team, association or league which is a member of a governing body of
sport or an affiliate organisation or licensee of the governing body of sport in
such number and manner as he or she thinks fit.

(3) 15Any club, team, association or league to whom one or more visas or work
permits (or both) are allocated under subsection (2) that does not use all visas
or work permits (or both) allocated to it may trade them with any other club,
team, association or league who are members of a governing body of sport or
an affiliate organisation or licensee of the governing body of sport for valuable
20consideration, the price of which will be the result of commercial negotiations.

19 Boycotts

(1) A boycott of a sporting event shall not be imposed unless—

(a) a full consultation of relevant governing bodies of sport and athletes
has been undertaken in advance;

(b)
25a majority of the athletes affected by such a proposal have voted in
favour of the boycott in secret ballot; and

(c)
the boycott complies with statutory rules and provisions, meets the
requirements of competition law and is otherwise in accordance with
law.

(2) 30A boycott imposed contrary to subsection (1) shall be invalid.

20 Equality

(1) The Equality Act 2010 is amended in accordance with subsections (2) and (3).

(2) In Schedule 16 (associations: exceptions), after paragraph 1(5), there is
inserted—

“(6) 35This paragraph does not apply to an association which is a sporting
club or offers sporting facilities.

(7) For the purposes of sub-paragraph (6) above, “sporting club” shall
mean any club which provides sporting facilities for competitive,
recreational or educational purposes.”.

(3) 40In Schedule 19 (public authorities), at the end of the section headed
“Regulators”, there is inserted the following text—

• “Sport 2022.”.