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There shall be paid out of money provided by Parliament— |
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(a) | any expenditure of the Secretary of State in connection with this Act, |
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(b) | any expenditure of the National Debt Commissioners in connection |
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(c) | any increase attributable to this Act in the sums payable out of money |
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provided by Parliament under another enactment. |
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(1) | The preceding provisions of this Act shall come into force in accordance with |
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provision made by order of the Secretary of State. |
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(2) | An order under subsection (1)— |
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(a) | may make provision that has effect generally or only for specified |
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(b) | may make different provision for different purposes, |
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(c) | may include incidental, consequential or transitional provision, and |
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(d) | shall be made by statutory instrument. |
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(3) | Section 29 shall not be brought into force unless the Secretary of State has made |
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an order under section 22(2). |
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(1) | An amendment effected by this Act shall have the same extent as the enactment |
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amended (or as the relevant part of the enactment amended). |
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(2) | Sections 14, 20 and 37 are subject to subsection (1) above. |
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This Act may be cited as the Horserace Betting and Olympic Lottery Act 2004. |
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New Schedule 1A to the Betting, Gaming and Lotteries Act 1963 |
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REGULATION OF HORSERACE POOL BETTING |
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1 | Part 2 of this Schedule specifies the conditions to be complied with, for the |
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purposes of sections 4(2)(d) and 4A(2)(b), in relation to pool betting |
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2 | Part 3 of this Schedule makes provision for the supervision of pool betting |
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3 | In this Schedule “pool betting business” means pool betting business in |
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connection with horse racing. |
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4 | Any totalisator being used must— |
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(a) | be in proper working order, and |
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(b) | be properly operated. |
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Publicity for arrangements |
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5 (1) | A person receiving or negotiating bets in relation to a race or set of races |
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must display in a conspicuous position a notice stating, prominently and in |
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(a) | the minimum amount (if there is one) that he will accept as a stake, |
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(b) | the amounts or percentage of the aggregate of the stakes that he will |
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distribute by way of winnings, |
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(c) | the principles that he will apply in calculating winnings (including |
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any rules for rounding sums up or down), |
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(d) | the arrangements that he will make for enabling persons to claim |
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(e) | the arrangements that he will make in respect of winnings not |
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(f) | the arrangements that he will make if there is no winning bet. |
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(2) | Where a person receives or negotiates bets by the use of remote |
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communication of a kind that does not permit the display of a notice, sub- |
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paragraph (1) shall not apply but the person must— |
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(a) | have prepared a notice of the kind required by sub-paragraph (1), |
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(b) | inform the person making the bet, or arrange for him to be informed, |
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of a method by which he can see a copy of the notice, and |
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(c) | if the person making the bet asks to be supplied with a copy of the |
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notice, comply with the request. |
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(3) | In sub-paragraph (2) “remote communication” means communication |
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(e) | any other kind of electronic or other technology for facilitating |
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(4) | Nothing in sub-paragraph (1)— |
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(a) | provides a defence to an offence under section 10, or |
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(b) | excuses compliance with a provision of regulations under paragraph |
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(5) | The Secretary of State may by regulations— |
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(a) | provide that a specified system or method of communication is or is |
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not to be treated as a form of remote communication for the purposes |
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of sub-paragraph (2) (and sub-paragraph (3) is subject to any |
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regulations under this paragraph); |
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(b) | provide that a specified system or method of communication is or is |
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not to be treated for the purposes of sub-paragraph (2) as being of a |
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kind that does not permit the display of a notice. |
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(6) | Regulations under sub-paragraph (5)— |
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(a) | may make different provision for different circumstances, |
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(b) | shall be made by statutory instrument, and |
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(c) | shall be subject to annulment in pursuance of a resolution of either |
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6 (1) | Where a person makes statements in accordance with paragraph 5 in respect |
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of a race or set of races— |
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(a) | he may not alter any of the statements in respect of that race or set of |
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(b) | he must act in accordance with the statements. |
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(2) | But sub-paragraph (1) does not apply to a person before he has received or |
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negotiated a bet in respect of the race or set of races to which the statements |
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7 | Where a person receives or negotiates bets in respect of a race or set of races, |
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as soon as is reasonably practicable after the conclusion of the race or set he |
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must make reasonable arrangements to announce or display details of the |
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amounts payable by way of winnings. |
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Compliance with supervision |
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8 | A person who receives or negotiates bets must— |
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(a) | comply with any requirement imposed by or under Part 3 of this |
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(b) | co-operate with the supervising accountant appointed under that |
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(c) | co-operate with the technical adviser appointed under that Part, and |
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(d) | co-operate with any person authorised by the supervising |
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accountant or the technical adviser under paragraph 11(2)(e) or |
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9 (1) | A person who carries on pool betting business in a calendar year must have |
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paid the prescribed fee in respect of that year. |
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(2) | In sub-paragraph (1) “prescribed” means prescribed by order of the |
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(3) | An order under sub-paragraph (2)— |
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(a) | shall include provision about the timing and manner of payment, |
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(b) | shall provide for fees to be paid (by the person who receives them in |
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accordance with arrangements prescribed by virtue of paragraph (a)) |
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into the Consolidated Fund, |
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(c) | may make different provision for different circumstances, |
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(d) | shall be made by statutory instrument, and |
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(e) | shall be subject to annulment in pursuance of a resolution of either |
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(4) | In prescribing fees under this paragraph the Secretary of State shall aim, so |
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far as is reasonably practicable, to ensure that the amount paid by way of |
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fees in respect of a calendar year equals the expenditure incurred during that |
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(a) | the performance of the functions of the supervising accountant and |
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technical adviser under Part 3, and |
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(b) | the activities of the Gaming Board in relation to pool betting |
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10 (1) | The Gaming Board shall appoint a person who is eligible for appointment as |
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a company auditor (in accordance with section 25 of the Companies Act 1989 |
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(c. 40)) to carry out such activities as he thinks necessary or expedient for the |
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purpose of determining whether the conditions in Part 2 of this Schedule are |
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complied with by persons carrying on pool betting business. |
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(2) | The person appointed under sub-paragraph (1) is referred to in this Part as |
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the “supervising accountant”. |
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11 (1) | The supervising accountant may do anything that he thinks necessary or |
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expedient for the purpose of determining whether the conditions in Part 2 of |
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this Schedule have been complied with. |
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(2) | In particular, the supervising accountant— |
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(a) | may require access to premises on which pool betting business is |
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being or has been carried on, |
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(b) | may require any person to produce for examination any accounts or |
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(c) | may require any person to permit the supervising accountant to |
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examine a record (whether held on computer or otherwise), |
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(d) | may require any person to supply a copy of any accounts or other |
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(e) | may authorise a person in writing to do anything that the |
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supervising accountant could do by virtue of this paragraph, and |
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(f) | may delegate a function under this Part. |
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12 (1) | The Gaming Board shall appoint a person to advise the supervising |
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accountant on the working condition of totalisators (“the technical adviser”). |
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(2) | Before appointing an adviser under this paragraph the Gaming Board shall |
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consult the supervising accountant. |
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13 (1) | The technical adviser may do anything that he thinks necessary or expedient |
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for the purpose of advising the supervising accountant whether the |
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conditions in Part 2 of this Schedule have been complied with. |
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(2) | In particular, the technical adviser— |
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(a) | may require access to premises on which a totalisator is or has been |
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in operation in relation to pool betting business, |
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(b) | may carry out a process for the purposes of examining the operation |
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(c) | may require any person to produce a document for examination, |
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(d) | may require any person to permit the technical adviser to examine a |
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record (whether held on computer or otherwise), |
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(e) | may require any person to supply a copy of a document, |
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(f) | may authorise a person in writing to do anything that the technical |
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adviser could do by virtue of this paragraph, and |
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(g) | may delegate a function under this Part. |
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14 (1) | A person who carries on pool betting business in any month shall send to the |
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supervising accountant a statement of the person’s accounts for pool betting |
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business carried on by him in that month. |
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(2) | A statement submitted under sub-paragraph (1) must, in particular— |
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(a) | specify any amounts carried over from one race or set of races to |
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another in accordance with arrangements of a kind described in |
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(b) | give such other information as the supervising accountant may |
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require for the purpose of determining whether the conditions in |
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Part 2 of this Schedule have been complied with. |
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(3) | The requirement under sub-paragraph (1) must be complied with before the |
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end of the period of seven days beginning with the last day of the month to |
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which the accounts relate. |
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(4) | Where the supervising accountant imposes a requirement under sub- |
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(a) | he may impose the requirement in relation to accounts for any |
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month, whether ending before or after the requirement is imposed |
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and whether or not accounts for that month have been submitted, |
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(b) | if he imposes the requirement in relation to accounts for a month |
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ending before the requirement is imposed— |
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(i) | a person who has already submitted accounts for that month |
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(ii) | in relation to a person obliged to re-submit accounts, sub- |
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paragraph (3) shall have effect as if the period of seven days |
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began with the day on which the requirement came to his |
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15 | Where accounts are submitted to the supervising accountant under |
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(b) | arrange for their retention for a period of at least two years. |
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16 (1) | This paragraph applies to a person who submits accounts to the supervising |
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accountant under paragraph 14 during a calendar year. |
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(2) | As soon as is reasonably practicable after the end of the calendar year the |
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supervising accountant shall, in relation to each person to whom this |
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(a) | audit the person’s accounts for pool betting business in that year (as |
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submitted under paragraph 14), |
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(b) | certify whether, so far as he is reasonably able to ascertain— |
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(i) | the person has complied with paragraph 14, |
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(ii) | the accounts are complete and accurate, and |
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(iii) | the pool betting business carried on by the person during that |
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year has been carried on in accordance with Part 2 of this |
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(3) | Having audited and certified a person’s accounts under sub-paragraph (2) |
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the supervising accountant shall as soon as is reasonably practicable send |
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the audited accounts and the certificate to the person. |
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(4) | As soon as is reasonably practicable after receiving audited accounts and a |
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certificate under sub-paragraph (3) a person must send two copies of each to |
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(5) | The Gaming Board shall make one copy of any accounts and certificate |
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received under sub-paragraph (4) available for inspection by the public— |
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(a) | at all reasonable times, and |
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17 | If the supervising accountant suspects that pool betting business has been |
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carried on otherwise than in accordance with Part 2 of this Schedule, he shall |
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report the matter to the Gaming Board. |
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18 | The supervising accountant and the technical adviser shall on request make |
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available to the Gaming Board any accounts or other document supplied or |
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provided under paragraph 11, 13 or 14. |
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19 | A person commits an offence if he obstructs the supervising accountant or |
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the technical adviser in the exercise of a function under this Part. |
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20 | A person commits an offence if without reasonable excuse he fails to co- |
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operate with the supervising accountant or the technical adviser in the |
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exercise of a function under this Part. |
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21 | A person commits an offence if he supplies to the supervising accountant or |
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the technical adviser information which the person knows to be— |
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22 | In paragraphs 19 to 21 “person” does not mean only a person who carries on |
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or has carried on pool betting business. |
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23 | A person commits an offence if he fails to comply with paragraph 14(1) or |
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24 (1) | A person guilty of an offence under any of paragraphs 19 to 21 shall be liable |
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on summary conviction to a fine not exceeding level 3 on the standard scale. |
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(2) | A person guilty of an offence under paragraph 23 shall be liable on summary |
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(a) | imprisonment for a term not exceeding six months, |
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(b) | a fine not exceeding level 5 on the standard scale, or |
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Sale of the Tote: Consequential Amendments |
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Betting, Gaming and Lotteries Act 1963 (c. 2) |
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1 | The Betting, Gaming and Lotteries Act 1963 shall be amended as follows. |
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2 | In section 1 (restriction on using premises for betting)— |
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(a) | in subsection (1)(a) for “section 4(1)” substitute “section 4(2), (3) or |
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(b) | in subsection (5)(a) omit “but no other races”. |
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3 | In section 3 (authorisation of agents)— |
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(a) | in subsection (1) omit— |
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(i) | “or to the Totalisator Board”, |
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