Horserace Betting and Olympic Lottery Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Horserace Betting and Olympic Lottery Bill

Horserace Betting and Olympic Lottery Bill
Schedule 2 — Sale of the Tote: Consequential Amendments
29

14
In section 55(1) (interpretation)—
(a)
in the definition of “bookmaker” omit—
(i)
“other than the Totalisator Board”, and
(ii)
for “sponsored pool betting business” substitute “pool
betting business on an approved racecourse in accordance
5
with a point-to-point exemption notice”,
(b)
after the definition of “game of chance” and “gaming” insert—

““the Gaming Board” means the Gaming Board for Great
Britain;”,
(c)
after the definition of “player” insert—
10

“point-to-point exemption notice” has the meaning given by
section 4(3)(b) of this Act;”,
(d)
omit the definition of “recognised horse race”,
(e)
in the definition of “registered pool promoter” for “section 4(2)”
substitute “section 4A(3)”, and
15
(f)
omit the definitions of—
(i)
“sponsored pool betting”, and
(ii)
“the Totalisator Board”.
15
In paragraph 19(a)(i) of Schedule 1 (permits) omit “in the case of an applicant
other than the Totalisator Board,”.
20
Gaming Act 1968 (c. 65)
16
In paragraph 6 of Schedule 1 to the Gaming Act 1968 (Gaming Board:
remuneration of staff, &c.) after “(including the inspectors appointed under
section 43 of this Act” insert “and the supervising accountant and technical
adviser appointed under Schedule 1A to the Betting, Gaming and Lotteries
25
Act 1963 (c. 2) and anyone acting under the authority of the supervising
accountant or technical adviser)”.
Race Relations Act 1976 (c. 74)
17
In Part II of Schedule 1A to the Race Relations Act 1976 (c. 74) (persons
subject to statutory duty) omit—
30

“The Horserace Totalisator Board.”
National Lottery etc. Act 1993 (c. 39)
18
Section 17 of the National Lottery etc. Act 1993 (c. 39) (extension of powers
of Tote) shall cease to have effect.
Freedom of Information Act 2000 (c. 36)
35
19
In Part VI of Schedule 1 to the Freedom of Information Act 2000 (c. 36)
(public authorities) omit—

“The Horserace Totalisator Board.”

Horserace Betting and Olympic Lottery Bill
Schedule 3 — Horserace Betting Levy Board: Transfer of Property
30

Schedule 3
Section 16

Horserace Betting Levy Board: Transfer of Property
Introductory
1
In this Schedule—

“the Board” means the Horserace Betting Levy Board,
5

“transfer direction” means a direction of the Secretary of State under
section 16(2), and

“transfer scheme” means a transfer scheme under section 16.
Board to assist Secretary of State
2
The Board shall on request give the Secretary of State information or
10
assistance in connection with—
(a)
a transfer direction which the Secretary of State has given or may
give, or
(b)
a transfer scheme which the Secretary of State has made or may
make.
15
Ancillary powers of Board
3     (1)
The Board may do anything that it thinks necessary or appropriate in
connection with a transfer direction or a transfer scheme.
      (2)
In particular, the Board may enter into an agreement which confers or
imposes on the Board rights or liabilities in respect of anything which has
20
been or is to be transferred by a transfer scheme; and those rights and
liabilities may include—
(a)
rights to receive payments by way of consideration for transfer or
otherwise, and
(b)
liabilities to make payments.
25
      (3)
But the Board may enter into an agreement by virtue of sub-paragraph (2)
only with the consent of—
(a)
the Secretary of State, and
(b)
the Treasury.
Ancillary powers of Secretary of State
30
4
The Secretary of State may with the consent of the Treasury enter into an
agreement which confers or imposes on the Secretary of State rights or
liabilities in respect of anything which has been or is to be transferred by a
transfer scheme.
Content of transfer scheme
35
5
A transfer scheme—
(a)
may transfer property, rights or liabilities whether or not they would
otherwise be capable of being transferred,
(b)
may dispense with a formality in relation to a transfer (whether or
not it would otherwise be required by virtue of an enactment or
40
instrument),

Horserace Betting and Olympic Lottery Bill
Schedule 3 — Horserace Betting Levy Board: Transfer of Property
31

(c)
may dispense with a requirement for consent (whether arising under
an enactment, an instrument or an agreement),
(d)
may provide for a transfer not to have an effect which it would
otherwise have by virtue of an enactment, instrument or agreement,
and
5
(e)
may provide for a transfer to have an effect different to that which it
would otherwise have by virtue of an enactment, instrument or
agreement.
6
In specifying property, rights or liabilities to be transferred a transfer
scheme—
10
(a)
may use any manner of description (which may include reference to
criteria specified in the scheme or to be determined in accordance
with the scheme),
(b)
may provide for exceptions, and
(c)
may provide for the division of property, rights or liabilities in a
15
manner specified in the scheme or to be determined in accordance
with the scheme.
7
A transfer scheme may transfer property, rights or liabilities which—
(a)
do not exist when the scheme is made but do exist when the transfer
takes effect, or
20
(b)
become property, rights or liabilities of the Board after the scheme is
made and before the transfer takes effect.
8
A transfer scheme may transfer property, rights or liabilities to more than
one person; and a scheme making provision under this paragraph may
provide for property, rights or liabilities—
25
(a)
to vest jointly in a manner specified by the scheme or determined in
accordance with the scheme, or
(b)
to be divided in a manner specified by the scheme or determined in
accordance with the scheme.
9
A transfer scheme—
30
(a)
may impose obligations on a person to whom property, rights or
liabilities are transferred,
(b)
may require a person to whom property, rights or liabilities are
transferred to enter into an agreement of a specified kind or for a
specified purpose,
35
(c)
may make provision for the enforcement of an obligation imposed
by virtue of this paragraph (which may, in particular, provide for an
obligation to be treated as if it arose under a contract between
specified persons), and
(d)
may make provision for the enforcement of a requirement included
40
in a scheme by virtue of this paragraph.
10    (1)
A transfer scheme may include provision for the payment of compensation
in a case where—
(a)
as a result of a provision of the scheme—
(i)
a third-party right becomes enforceable partly against one
45
transferee and partly against another, or
(ii)
a third-party liability becomes enforceable partly by one
transferee and partly by another, and

Horserace Betting and Olympic Lottery Bill
Schedule 3 — Horserace Betting Levy Board: Transfer of Property
32

(b)
an effect of that result is to reduce the value of—
(i)
property of the third party, or
(ii)
a right of the third party.
      (2)
Provision included under this paragraph may, in particular—
(a)
provide for compensation to be paid by a transferee;
5
(b)
provide for compensation to be paid by the transferor;
(c)
provide for compensation to be paid by the Secretary of State;
(d)
provide for arbitration (as to liability or quantum).
      (3)
In this paragraph—
(a)
a reference to a third-party right, in relation to a provision of a
10
transfer scheme, is a reference to a right of a person who under that
provision is neither the transferor nor a transferee,
(b)
a reference to a third-party liability, in relation to a provision of a
transfer scheme, is a reference to a liability of a person who under
that provision is neither the transferor nor a transferee,
15
(c)
a reference to a right’s being enforceable includes a reference to its
being enforceable if certain events occur or circumstances appertain,
(d)
“transferee” means a person to whom property, rights or liabilities
are transferred under a transfer scheme, and
(e)
“transferor” means the Board.
20
11
A transfer scheme may make consequential, incidental or transitional
provision; in particular, a transfer scheme—
(a)
may provide for anything done by or in relation to the Board to have
effect as if done by or in relation to another person,
(b)
may permit anything (which may include legal proceedings), which
25
is in the process of being done by or in relation to the Board when a
provision of a transfer scheme takes effect, to be continued by or in
relation to another person, and
(c)
may provide for a reference to the Board in an agreement (whether
written or not), instrument or other document to be treated as a
30
reference to another person.
Transfer of undertakings
12    (1)
Nothing in a transfer scheme shall affect the operation of the Transfer of
Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/
1794).
35
      (2)
The Secretary of State shall not approve, make or modify a transfer scheme
unless satisfied that sufficient notice has been given to enable compliance
with any applicable requirement of those regulations.
Certificate of title
13    (1)
The Secretary of State may certify that specified property, rights or liabilities
40
vest in a specified person by virtue of a transfer scheme.
      (2)
A certificate under this paragraph shall be conclusive.

Horserace Betting and Olympic Lottery Bill
Schedule 3 — Horserace Betting Levy Board: Transfer of Property
33

Modification of scheme
14    (1)
This paragraph applies where—
(a)
a transfer scheme provides for the transfer of specified property,
rights or liabilities, and
(b)
the transfer has not yet taken effect (whether or not another transfer
5
under the scheme has taken effect).
      (2)
The Secretary of State may modify the scheme in so far as it relates to the
transfer.
15    (1)
This paragraph applies where—
(a)
a transfer scheme provides for the transfer of specified property,
10
rights or liabilities, and
(b)
the transfer has taken effect.
      (2)
The Secretary of State may modify the scheme in so far as it relates to the
transfer.
      (3)
Modification under this paragraph must be made by order of the Secretary
15
of State made by statutory instrument.
      (4)
An order under this paragraph may not be made without the consent of—
(a)
the person to whom the transfer is made, and
(b)
any other person specified in or in relation to the provision to be
modified.
20
      (5)
An order under this paragraph shall not be made unless a draft has been laid
before Parliament.
Consultation and consent
16
The Secretary of State shall consult the Board before—
(a)
giving a transfer direction,
25
(b)
modifying a transfer scheme under section 16(2)(b) or paragraph 14
or 15,
(c)
approving a transfer scheme, or
(d)
making a transfer scheme.
17
The Secretary of State shall not approve or make a transfer scheme which
30
provides for the transfer to a person of property, rights or liabilities unless
satisfied that the person has consented to—
(a)
the transfer, and
(b)
the terms of the scheme relevant to the transfer.
Accounts
35
18
If the Secretary of State directs the Board to prepare accounts in respect of a
specified period ending with the day on which a transfer scheme comes into
force—
(a)
the Board shall comply with the request,
(b)
the Board shall arrange for the accounts to be audited by qualified
40
accountants,
(c)
the Board shall submit the accounts and the auditors’ report to the
Secretary of State, and

Horserace Betting and Olympic Lottery Bill
Schedule 4 — Abolition of the Horserace Betting Levy System: Consequential Amendments
34

(d)
the Secretary of State shall lay a copy of the accounts and the
auditors’ report before Parliament.
Schedule 4
Section 17

Abolition of the Horserace Betting Levy System: Consequential Amendments
Betting, Gaming and Lotteries Act 1963 (c. 2)
5
1
The Betting, Gaming and Lotteries Act 1963 (c. 2) shall be amended as
follows.
2     (1)
Section 13 (approval of horse-race courses) shall be amended as follows.
      (2)
In subsections (1) and (2) for “The Levy Board” substitute “The Gaming
Board”.
10
      (3)
In subsection (1) omit “, and the Board may at any time revoke any such
certificate issued by them”.
      (4)
At the end add—
“(3)
The Gaming Board shall grant a certificate of approval requested in
respect of any ground if satisfied that the arrangements for the
15
management of the ground are reasonably consistent with pursuit of
the objectives of—
(a)
preventing betting from being a source of crime or disorder,
being associated with crime or disorder or being used to
support crime,
20
(b)
ensuring that betting is conducted in a fair and open way,
and
(c)
protecting children and other vulnerable persons from being
harmed or exploited by betting.
(4)
In particular, the Gaming Board shall consider whether—
25
(a)
the place mentioned in subsection (2) will be clearly
delineated,
(b)
the terms on which members of the public are invited to
make bets will be clearly displayed, and
(c)
satisfactory arrangements will be made—
30
(i)
to control the conduct of persons receiving or
negotiating bets on the ground, and
(ii)
to address complaints made by members of the public
about the conduct of persons receiving or negotiating
bets on the ground.
35
(5)
If the Gaming Board would be satisfied in respect of the matters
specified in subsections (3) and (4) if the certificate of approval were
granted on conditions, the Gaming Board shall—
(a)
grant the certificate of approval, and
(b)
impose the conditions.
40

Horserace Betting and Olympic Lottery Bill
Schedule 4 — Abolition of the Horserace Betting Levy System: Consequential Amendments
35

(6)
The Gaming Board shall not grant a certificate of approval unless the
prescribed fee has been paid for the certificate; and subsections (3)
and (5) are subject to this subsection.
(7)
The Gaming Board may revoke a certificate of approval if not
satisfied that the arrangements for the management of the ground
5
are reasonably consistent with pursuit of the objectives specified in
subsection (3)(a) to (c) (having regard, in particular, to the matters
specified in subsection (4)).
(8)
A certificate of approval shall, unless earlier revoked, expire at the
end of the period of three years beginning with the date of issue (but
10
without prejudice to the power to issue a new certificate).
(9)
If the Gaming Board refuse a request for a certificate of approval, or
revoke a certificate of approval, they shall give their reasons in
writing.
(10)
In subsection (6) “prescribed” means prescribed by order of the
15
Secretary of State.
(11)
An order under subsection (10)—
(a)
shall include provision about the timing and manner of
payment,
(b)
shall provide for fees to be paid into the Consolidated Fund,
20
(c)
may make different provision for different circumstances,
(d)
shall be made by statutory instrument, and
(e)
shall be subject to annulment in pursuance of a resolution of
either House of Parliament.”
3
In section 55(1) (interpretation)—
25
(a)
in the definition of “approved horse racecourse” for “issued by the
Levy Board” substitute “issued by the Gaming Board for Great
Britain”, and
(b)
omit the entries for—
(i)
“Bookmakers’ Committee”,
30
(ii)
“the Levy Board”, and
(iii)
“levy period”.
4
In Schedule 1 (bookmaker’s permits, betting agency permits and betting
office licences)—
(a)
paragraph 25A shall cease to have effect, and
35
(b)
paragraph 36 shall cease to have effect.
Parliamentary Commissioner Act 1967 (c. 13)
5
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
(departments, &c. subject to investigation) omit—

“Horserace Betting Levy Board.”
40
Finance Act 1969 (c. 32)
6
Section 59 of the Finance Act 1969 (c. 32) (disclosure of information by
Customs and Excise to Levy Board) shall cease to have effect.