|
| |
|
(e) | must specify a calendar year during which the notice has effect, |
| |
| |
(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— |
| 5 |
(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 |
| |
| 10 |
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— |
| 15 |
(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 |
| 20 |
(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 |
| 25 |
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, |
| 30 |
| |
(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 |
| |
| |
(3) | The pool betting business carried on by the person in relation to the race |
| 35 |
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. |
| 40 |
(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 |
| |
| |
|
| |
|
| |
|
(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). |
| |
| |
11 | 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, |
| |
| |
(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 |
| |
| 15 |
(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. |
| |
| 20 |
(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 |
| |
(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 |
| |
| |
(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. |
| 35 |
(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. |
| |
13 | Consequential amendments |
| |
Schedule 2 (consequential amendments) shall have effect. |
| |
|
| |
|
| |
|
| |
This Part shall not extend to Northern Ireland. |
| |
| |
Abolition of the Horserace Betting Levy System |
| |
| 5 |
(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 |
| |
| |
(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); |
| 10 |
(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 |
| |
| |
(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; |
| 20 |
(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 |
| |
16 | 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 |
| 30 |
(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 |
| |
(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 |
| 40 |
| |
|
| |
|
| |
|
(c) | may specify to whom property, rights or liabilities are to be transferred |
| |
| |
(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 |
| |
(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— |
| 10 |
(a) | the improvement of breeds of horses, |
| |
(b) | the advancement or encouragement of veterinary science or veterinary |
| |
| |
(c) | the improvement of horse racing. |
| |
(7) | Schedule 3 (which makes supplementary provision in connection with |
| 15 |
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 |
| 20 |
(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. |
| 25 |
(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 |
| |
| |
(a) | shall continue to have effect after commencement as if issued by the |
| 30 |
Gaming Board for Great Britain under that section as amended by |
| |
| |
(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 |
| 35 |
| |
| |
(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 |
| |
| |
(3) | Regulations under this section— |
| |
|
| |
|
| |
|
(a) | shall be made by statutory instrument, and |
| |
(b) | shall be subject to annulment in pursuance of a resolution of either |
| |
| |
19 | Interpretation: “enactment” |
| |
In this Part “enactment” includes an Act of the Scottish Parliament. |
| 5 |
| |
This Part shall not extend to Northern Ireland. |
| |
| |
National Lottery: 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 |
| |
(a) | for determining in respect of any period the proportion of proceeds of |
| |
lotteries forming part of the National Lottery that is attributable to |
| |
| |
(b) | enabling the National Lottery Commission to determine that |
| 20 |
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— |
| 25 |
(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) |
| |
| |
(b) | the variation shall take effect at such time as the Commission shall |
| |
specify (whether or not the licensee consents). |
| 30 |
| |
(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 |
| |
| |
(2) | A licence to which this section applies must include a condition prohibiting the |
| 35 |
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— |
| |
|
| |
|
| |
|
(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 |
| |
| 10 |
(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 |
| 15 |
(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 |
| |
| 20 |
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 |
| 25 |
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. |
| |
25 | 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) |
| 40 |
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. |
| |
|
| |
|