S.C.D.
NOTICES OF AMENDMENTS
given up to and including
Friday 16th January 2003
New Amendments handed in are marked thus *
STANDING COMMITTEE D
HORSERACE BETTING AND OLYMPIC LOTTERY BILL
NOTE
The Amendments have been arranged in accordace with the Order to be proposed by Mr Richard Caborn.
To move, That the Bill be considered in the following order: Clauses 1 to 10; Schedule 1; Clauses 11 to 13; Schedule 2; Clauses 14 to 16; Schedule 3; Clause 17; Schedule 4; Clauses 18 to 29; Shcedule 5; Clauses 30 to 38; Schedule 6; Clauses 39 to 42; remaining proceedings on the Bill.
Mr Don Foster
Mr Adrian Sanders
49
*Clause 1, page 1, line 8, at end add—
'(3) The Secretary of State will require an independent valuation of the Horserace Totalisator Board on the appointed day.
(4) The successor company may pay a sum of no more than 50 per cent. of the independent valuation under sub-section (3), providing all future operating profits are used to contribute to racing.
(5) Any further assets acquired by the Horserace Totalisator Board between an independent valuation under sub-section (3) and the transfer of its assets to the successor company must be subject to an independent valuation and added to the sum agreed under sub-clause (4).'.
Mr James Paice
Mr Nick Hawkins
27
Clause 3, page 2, line 5, leave out 'Anything done by' and insert 'Any agreement made, transaction effected or other thing done by, to'.
Mr James Paice
Mr Nick Hawkins
28
Clause 3, page 2, line 7, after 'by', insert ',to'.
Mr James Paice
Mr Nick Hawkins
29
Clause 3, page 2, line 9, after 'by', insert ',to'.
Mr James Paice
Mr Nick Hawkins
1
Clause 3, page 2, line 39, at end insert—
'(6A) The Secretary of State shall ensure that the directors of the successor company following the vesting of the property, rights and liabilities of the Board on the appointed day are the same people as were members of the Board before the appointed day, save to the extent that any individual member has not given his consent to being appointed as a director of the successor company.'.
Mr James Paice
Mr Nick Hawkins
30
Clause 4, page 3, line 4, after second 'tax', insert ', stamp duty land tax'.
Mr James Paice
Mr Nick Hawkins
31
Clause 4, page 3, line 12, after 'enactment', insert 'or regulation'.
Mr Richard Caborn
42
*Clause 4, page 3, line 12, after duty, insert 'or stamp duty land tax'.
Mr James Paice
Mr Nick Hawkins
32
Clause 4, page 3, line 12, after 'duty', insert 'and Stamp Duty Land Tax'.
Mr James Paice
Mr Nick Hawkins
2
Clause 5, page 3, line 19, at end insert—
'(1A) No request in respect of a person specified under subsection (1)(b) shall be made for the issue of securities to anyone unless the Secretary of State is satisfied that the person nominated will ensure that any dividend from those securities is utilised by the company in the interests of horseracing.'.
Mr James Paice
Mr Nick Hawkins
3
Clause 5, page 3, line 19, at end insert—
'(1A) No nomination under subsection (1)(b) shall be made of any person other than one who receives the securities on behalf of a Trust Fund whose purposes are in the interests of horseracing.'.
Mr James Paice
Mr Nick Hawkins
33
Clause 5, page 4, line 3, leave out from 'without' to end of line 3 and insert—
| '(a) | the consent of the Treasury and |
| (b) | such disposal having been authorised by the Secretary of State by order by Statutory Instrument, which order shall not be made unless a draft of the order has been laid before, and approved by a resolution of each House of Parliament.'. |
Mr James Paice
Mr Nick Hawkins
5
Clause 5, page 4, line 3, at end add '; and such disposal shall be authorised by affirmative resolution of each House of Parliament.'.
Mr Don Foster
Mr Adrian Sanders
50
*Clause 8, page 4, line 36, after 'issue' insert, 'an exclusive, renewable licence for a period of seven years from the appointed day.'.
Mr James Paice
Mr Nick Hawkins
6
Clause 8, page 4, line 37, leave out 'a licence' and insert 'an exclusive licence for a period of seven years from the appointed day.'.
Mr Don Foster
Mr Adrian Sanders
51
*Clause 8, page 4, line 37, leave out from 'a licence' to 'licence")'
Mr James Paice
Mr Nick Hawkins
7
Clause 8, page 4, line 38, after second 'the', insert 'exclusive'.
Mr James Paice
Mr Nick Hawkins
10
Clause 8, page 5, line 8, leave out paragraph (a).
Mr James Paice
Mr Nick Hawkins
11
Clause 8, page 5, line 14, leave out from 'Crown' to end of line 15.
Mr Don Foster
Mr Adrian Sanders
52
*Clause 8, page 5, line 15, leave out paragraph (c).
Mr James Paice
Mr Nick Hawkins
8
Clause 8, page 5, line 30, leave out from 'think' to 'and' in line 31 and insert 'acting reasonably that a term or condition of the licence has been materially breached and that breach has not been remedied within 28 days of written notice having been given by the Gaming Board to the successor company notifying it that if it does not remedy the breach'.
Mr James Paice
Mr Nick Hawkins
34
Clause 8, page 5, line 33, at end insert—
'(6A) An order revoking the exclusive licence shall not be made by the Gaming Board under subsection 6(a) unless—
| (a) | the Gaming Board has first given notice to the successor company that it believes that it is entitled to make an order under subsection (6)(a) and that it intends to make such an order together with the reasons therefor, |
| (b) | the successor company has had a period of at least 28 days to make representations with respect to the proposed revocation, and |
| (c) | any order made by the Gaming Board confirms that prior to making any such order it has taken into account any representations made by the successor company with respect to the revocation.'. |
Mr James Paice
Mr Nick Hawkins
35
Clause 8, page 5, line 40, at end insert 'provided that time is not less than 28 days after the date of the order'.
Mr James Paice
Mr Nick Hawkins
36
Clause 8, page 5, line 43, leave out paragraph (b)'.
Mr Don Foster
Mr Adrian Sanders
53
*Clause 8, page 6, line 1, leave out paragraph (a).
Mr James Paice
Mr Nick Hawkins
12
Clause 8, page 6, line 3, at end add—
'( ) assigned, transferred or otherwise disposed of.'
Mr James Paice
Mr Nick Hawkins
37
Clause 9, page 7, line 7, leave out from 'for' to end of line and insert 'all such relief, by way of damages, injunction or otherwise, as the court thinks appropriate and the court may grant an injunction restraining an infringement or apprehended infringement of the right aforesaid whether or not any other relief is claimed.'.
Mr James Paice
Mr Nick Hawkins
9
Schedule 1, page 22, line 18, at end insert 'in all material respects'.
Mr Richard Caborn
47
*Schedule 1, page 24, line 36, leave out 'qualified accountant' and insert 'person who is eligible for appointment as a company auditor (in accordance with section 25 of the Companies Act 1989 (c.40))'.
Mr James Paice
Mr Nick Hawkins
39
Schedule 1, page 26, line 2, leave out 'seven' and insert 'twenty-eight.'.
Mr James Paice
Mr Nick Hawkins
40
Schedule 1, page 26, line 15, leave out 'seven' and insert 'twenty-eight'.
Mr James Paice
Mr Nick Hawkins
38
Clause 11, page 9, line 11, at end insert—
'(1A) Subsection (1) applies to anything done in connection with any of the matters referred to in subsection (1) whether at the relevant time such matters have occurred or not, and irrespective of the fact that the relevant matter does not subsequently occur.'.
Mr James Paice
Mr Nick Hawkins
41
Schedule 2, page 29, line 31, at end insert—
'Betting and Gaming Duties Act 1981 (c. 63)
17A The Betting and Gaming Duties Act 1981 shall be amended as follows.
17B In section 4 (Other betting)—
| (a) | While the exclusive licence has effect substitute the following subsections (1) and (2) for the existing subsections (1) and (2)— |
| "(i) | General betting duty shall be charged on a bet made by way of pool betting by means of facilities provided by people who are authorised under section 8(4)(a) of the Horserace Betting and Olympic Lottery Act 2004. |
| (ii) | General betting duty shall be charged on a bet made by way of pool betting by means of facilities provided by the successor company (as defined in section 2(2) of the Horserace Betting and Olympic Lottery Act 2004)." |
(b) Once the exclusive licence no longer has effect subsections (i) and (ii) shall cease to have effect.'.
