Horserace Betting and Olympic Lottery Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Horserace Betting and Olympic Lottery Bill

Horserace Betting and Olympic Lottery Bill
Part 1 — Sale of the Tote
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(e)
must specify a calendar year during which the notice has effect,
and
(f)
must be issued before the beginning of that year.
(5)
This subsection applies to pool betting business which is in connection
with dog racing and which is carried on—
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(a)
on a dog racecourse which is a licensed track, and
(b)
by means of a totalisator operated—
(i)
in accordance with section 16, and
(ii)
by the occupier of the track or by a person authorised by
him in writing.
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4A
Restriction on pool betting off track
(1)
A person commits an offence if he carries on pool betting business
otherwise than on a track, unless subsection (2), (3) or (4) applies.
(2)
This subsection applies to pool betting business which is in connection
with horse racing and which is carried on—
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(a)
by the holder of a bookmaker’s permit, and
(b)
in accordance with Part 2 of Schedule 1A.
(3)
This subsection applies to pool betting business which is carried on by
a person registered for the purpose of this subsection (in this Act
referred to as a “registered pool promoter”); and Schedule 2 to this Act
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(registration and conduct of business) shall have effect.
(4)
This subsection applies to pool betting business carried on in
accordance with a licensed inter-track betting scheme.
4B
Regulation of horserace pool betting
(1)
Schedule 1A (which provides for the regulation of pool betting
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business in connection with horse racing) shall have effect.
(2)
Subsection (3) applies where—
(a)
a condition imposed by Part 2 of that Schedule requires or may
require a person to act after the conclusion of a race or set of
races in relation to which he conducts pool betting business,
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and
(b)
the person fails, in respect of a matter wholly or partly relating
to that race or set of races, to comply with the condition after
that conclusion.
(3)
The pool betting business carried on by the person in relation to the race
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or set of races shall be treated as not having been carried on in
accordance with Part 2 of that Schedule.
(4)
Subsection (5) applies where a person who has received or negotiated
bets made by way of pool betting in connection with horse racing fails
to comply with a requirement of Part 3 of that Schedule.
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(5)
Any pool betting business which was carried on by the person and to
which the requirement was or might have been relevant shall be treated
as not having been carried on in accordance with Part 2 of that
Schedule.”

Horserace Betting and Olympic Lottery Bill
Part 1 — Sale of the Tote
9

(2)
After Schedule 1 to that Act (bookmakers’ permits, &c.) insert the Schedule 1A
set out in Schedule 1 to this Act (regulation of horserace pool betting).
General
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Preparatory work by the Tote
(1)
The Horserace Totalisator Board may do anything that it or the Secretary of
5
State thinks necessary or expedient in connection with—
(a)
a provision of this Part,
(b)
the operation of the successor company on or after the appointed day,
or
(c)
the listing, issue, sale or other disposal of securities of the successor
10
company or a company associated with it.
(2)
The Board shall so far as is reasonably practicable comply with—
(a)
any request of the Secretary of State to provide information or
assistance in connection with a matter specified in subsection (1)(a) to
(c), and
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(b)
any direction of the Secretary of State made in connection with a matter
specified in subsection (1)(a) to (c).
(3)
Before making a request or giving a direction under subsection (2) the
Secretary of State shall consult the Board.
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Interpretation
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(1)
In this Part “the Gaming Board” means the Gaming Board for Great Britain
(established under section 10 of the Gaming Act 1968 (c. 65)).
(2)
For the purposes of this Part a company is wholly owned by the Crown if all
its shares are held by the Crown.
(3)
For the purposes of subsection (2) shares are held by the Crown if they are
25
held—
(a)
by a Minister of the Crown,
(b)
by the nominee of a Minister of the Crown, or
(c)
by a company of which all the shares are held by the Crown.
(4)
In this Part “securities” means shares (including stock), debentures, bonds and
30
other securities, whether constituting a charge on the assets of a company or
not.
(5)
An expression used in this Part which is given a meaning by the Companies
Act 1985 (c. 6) for general purposes of that Act shall have the same meaning for
the purposes of this Part.
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(6)
An expression used in this Part and in the Betting, Gaming and Lotteries Act
1963 (c. 2) shall have the same meaning in this Part as in that Act.
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Consequential amendments
Schedule 2 (consequential amendments) shall have effect.

Horserace Betting and Olympic Lottery Bill
Part 2 — Abolition of the Horserace Betting Levy System
10

14
Extent
This Part shall not extend to Northern Ireland.
Part 2
Abolition of the Horserace Betting Levy System
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Abolition of levy
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(1)
The Secretary of State may by order made by statutory instrument—
(a)
repeal any of sections 24 to 30 of the Betting, Gaming and Lotteries Act
1963 (c. 2) (levy);
(b)
repeal a provision of the Horserace Betting Levy Act 1969 (c. 14);
(c)
repeal a provision of the Horserace Betting Levy Act 1981 (c. 30);
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(d)
provide for the Horserace Betting Levy Board to cease to exist.
(2)
An order under subsection (1) may—
(a)
repeal different provisions at different times;
(b)
repeal a provision generally or only to a specified extent;
(c)
make consequential provision (which may include provision amending
15
or repealing an enactment, in addition to the provision made by section
17 and Schedule 4).
(3)
An order under subsection (1) may make transitional provision or savings,
which may include provision—
(a)
modifying the effect of a provision pending its repeal;
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(b)
about the conduct of the Horserace Betting Levy Board pending the
repeal of section 24 of the Betting, Gaming and Lotteries Act 1963;
(c)
about the conduct of the Bookmakers’ Committee pending the repeal
of section 26 of that Act;
(d)
about the conduct of an appeal tribunal pending the repeal of section 29
25
of that Act.
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Property of the Levy Board
(1)
In this Part “transfer scheme” means a scheme providing for the transfer of
specified property, rights and liabilities of the Horserace Betting Levy Board—
(a)
to a person specified in the scheme, and
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(b)
at a time specified in the scheme.
(2)
If the Secretary of State directs the Board to make and submit to the Secretary
of State a transfer scheme—
(a)
the Board shall comply with the direction,
(b)
the Secretary of State may approve the scheme with or without
35
modification, and
(c)
if approved, the scheme shall have effect.
(3)
A direction of the Secretary of State under subsection (2)—
(a)
shall specify a date by which the transfer scheme is to be made;
(b)
may specify property, rights or liabilities to be transferred by the
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transfer scheme;

Horserace Betting and Olympic Lottery Bill
Part 2 — Abolition of the Horserace Betting Levy System
11

(c)
may specify to whom property, rights or liabilities are to be transferred
by the transfer scheme.
(4)
The Secretary of State may make a transfer scheme if—
(a)
the Board fails to comply with a direction under subsection (2), or
(b)
the Secretary of State decides not to approve a scheme submitted under
5
that subsection.
(5)
A transfer scheme made under subsection (4) shall have effect.
(6)
The Secretary of State shall not make or approve a transfer scheme under this
section unless satisfied that any property or rights transferred will be used or
exercised for the purpose of—
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(a)
the improvement of breeds of horses,
(b)
the advancement or encouragement of veterinary science or veterinary
education, or
(c)
the improvement of horse racing.
(7)
Schedule 3 (which makes supplementary provision in connection with
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directions and schemes under this section) shall have effect.
17
Consequential amendments
(1)
The Secretary of State—
(a)
may bring this section into force by provision included in an order
made under section 15(1), and
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(b)
shall not make an order under section 15(1)(d) providing for the
Horserace Betting Levy Board to cease to exist unless the order also
makes provision, or an earlier order under section 15(1) has made
provision, bringing this section into force at or before the time when
that Board ceases to exist.
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(2)
Schedule 4 (consequential amendments) shall have effect.
(3)
A certificate of approval issued under section 13 of the Betting, Gaming and
Lotteries Act 1963 (c. 2) before the coming into force of this section
(“commencement”)—
(a)
shall continue to have effect after commencement as if issued by the
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Gaming Board for Great Britain under that section as amended by
Schedule 4,
(b)
may be revoked by the Gaming Board for Great Britain, and
(c)
shall expire at the end of the period of three years beginning with the
date of commencement (but without prejudice to the power to issue a
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new certificate).
18
Tax
(1)
The Treasury may make regulations providing for a tax provision not to apply,
or to apply with modifications, in respect of anything done under or in
consequence of a transfer scheme.
40
(2)
In subsection (1) “tax provision” means a provision of an enactment about
income tax, corporation tax, capital gains tax, stamp duty or stamp duty land
tax.
(3)
Regulations under this section—

Horserace Betting and Olympic Lottery Bill
Part 3 — National Lottery: Olympic Lotteries
12

(a)
shall be made by statutory instrument, and
(b)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
19
Interpretation: “enactment”
In this Part “enactment” includes an Act of the Scottish Parliament.
5
20
Extent
This Part shall not extend to Northern Ireland.
Part 3
National Lottery: Olympic Lotteries
Olympic Lotteries
10
21
Licensing of Olympic Lotteries
(1)
A licence under section 6 of the National Lottery etc. Act 1993 (c. 39) (licence
authorising a body to promote lotteries as part of the National Lottery) may
designate a lottery to which the licence relates as an Olympic Lottery.
(2)
A licence under section 5 of that Act (licence to run the National Lottery) must
15
include provision—
(a)
for determining in respect of any period the proportion of proceeds of
lotteries forming part of the National Lottery that is attributable to
Olympic Lotteries, or
(b)
enabling the National Lottery Commission to determine that
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proportion in respect of any period.
(3)
A designation under subsection (1) may be made only while provision under
subsection (2) has effect.
(4)
In respect of a licence under section 5 of that Act that has effect when this
section comes into force—
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(a)
the Commission shall, after consulting the licensee, vary the licence so
as to introduce provision of a kind specified in subsection (2)(a) or (b)
above, and
(b)
the variation shall take effect at such time as the Commission shall
specify (whether or not the licensee consents).
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22
Timing
(1)
This section applies to a licence under section 6 of the National Lottery etc. Act
1993 which designates a lottery to which the licence relates as an Olympic
Lottery.
(2)
A licence to which this section applies must include a condition prohibiting the
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promotion of an Olympic Lottery unless the Secretary of State has by order
declared that the International Olympic Committee has elected London as the
host city for the 2012 Olympic Games.
(3)
Subsection (4) applies if the Secretary of State by order declares—

Horserace Betting and Olympic Lottery Bill
Part 3 — National Lottery: Olympic Lotteries
13

(a)
that the International Olympic Committee has elected a city other than
London as the host city for the 2012 Olympic Games, or
(b)
that the election of London by the International Olympic Committee as
the host city for the 2012 Olympic Games has been revoked.
(4)
Where this subsection applies—
5
(a)
a licence to which this section applies shall cease to have effect in so far
as it relates to an Olympic Lottery on such date as may be specified in
the order under subsection (3), and
(b)
the National Lottery Commission may not grant a licence to which this
section applies.
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(5)
If the Secretary of State by order specifies a date as the termination date for the
purposes of this section—
(a)
any licence to which this section applies that has effect immediately
before the termination date shall cease to have effect on that date in so
far as it relates to an Olympic Lottery, and
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(b)
the National Lottery Commission may not grant a licence to which this
section applies in respect of a period of time falling wholly or partly on
or after the termination date.
Olympic Lottery Distribution Fund
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The Fund
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There shall be a fund maintained under the control and management of the
Secretary of State and known as the Olympic Lottery Distribution Fund.
24
Payments into Fund from lottery proceeds
(1)
Where a sum is required by virtue of section 5(6) of the National Lottery etc.
Act 1993 (c. 39) (as substituted by section 34 of this Act) to be paid into the
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National Lottery Distribution Fund out of proceeds of lotteries in respect of a
period, such proportion of that sum as is determined in accordance with
section 21(2) or (4) of this Act to be attributable to Olympic Lotteries shall be
paid instead into the Olympic Lottery Distribution Fund.
(2)
Section 9(3) of that Act (as substituted by section 34 of this Act) shall have effect
30
in relation to the Olympic Lottery Distribution Fund and sums due to be paid
into it as it has effect in relation to the National Lottery Distribution Fund and
sums due to be paid into it.
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Payments into Fund from National Lottery Distribution Fund
(1)
The Secretary of State may make an order permitting the Secretary of State to
35
make payments from the National Lottery Distribution Fund into the Olympic
Lottery Distribution Fund.
(2)
A payment by virtue of an order under subsection (1) shall be treated as if paid
out of money allocated for such of the purposes listed in section 22(3) of the
National Lottery etc. Act 1993 (apportionment of money in Distribution Fund)
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as the order shall specify.
(3)
Before making an order under subsection (1) the Secretary of State shall consult
each of the bodies for the time being mentioned in section 23 of that Act.