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
28

(ii)
“or, as the case may be, by the said Board”, and
(iii)
“or by the said Board”,
(b)
in subsection (2) omit—
(i)
“or to the said Board”, and
(ii)
“or, as the case may be, the Board”, and
5
(c)
in subsection (3) omit—
(i)
“The said Board and”, and
(ii)
“by that Board or, as the case may be,”.
4
In section 5(3) (restriction of betting on tracks) omit—
(a)
“by the Totalisator Board or, with the authority of that Board, by the
10
persons having the management of that racecourse”, and
(b)
“by that Board or, as the case may be, by those persons”.
5
In section 6(1) (restriction of bookmaking on tracks) omit “only”.
6
In section 9 (betting office licences and betting agency permits)—
(a)
in subsection (1) omit the words from “Provided that” to the end,
15
(b)
subsection (2)(b) shall cease to have effect, and
(c)
in subsection (2)(c)(i) omit—
(i)
“or by the Totalisator Board”, and
(ii)
“or, as the case may be, with or through that Board”.
7
In section 11(1) (bookmaker’s permit and betting agency permit:
20
cancellation and disqualification) after “, 4(1)” insert “, 4A(1)”.
8
Section 12 (which establishes the Horserace Totalisator Board) shall cease to
have effect.
9
Section 14 (Tote’s monopoly in relation to pool betting) shall cease to have
effect.
25
10
Section 15 (Tote’s additional powers and duties) shall cease to have effect.
11
In section 16(1) (totalisators on licensed tracks) for “4(1)(b)” substitute “4(5)”.
12
In section 31 (accounts and reports)—
(a)
in subsection (1)—
(i)
for “and the Totalisator Board shall each” substitute “shall”,
30
(ii)
for “proper statements” substitute “a proper statement”,
(iii)
omit “of each of the Boards”, and
(iv)
omit “in question”, and
(b)
for subsection (2) substitute—
“(2)
As soon as reasonably practicable after its accounts for a levy
35
period have been audited, the Levy Board shall submit to the
Secretary of State a report of its proceedings during that
period which shall include the statement of account and the
auditor’s report for that period; and the Secretary of State
shall lay before Parliament a copy of each report received by
40
him under this subsection.”
13
In section 52(1) (penalties) after “4,” insert “4A,”.
14
In section 55(1) (interpretation)—
(a)
in the definition of “bookmaker” omit—

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

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

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

“point-to-point exemption notice” has the meaning given by
section 4(3)(b) of this Act;”,
10
(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
(f)
omit the definitions of—
(i)
“sponsored pool betting”, and
15
(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,”.
Gaming Act 1968 (c. 65)
16
In paragraph 6 of Schedule 1 to the Gaming Act 1968 (Gaming Board:
20
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
Act 1963 (c. 2) and anyone acting under the authority of the supervising
accountant or technical adviser)”.
25
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—

“The Horserace Totalisator Board.”
National Lottery etc. Act 1993 (c. 39)
30
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)
19
In Part VI of Schedule 1 to the Freedom of Information Act 2000 (c. 36)
(public authorities) omit—
35

“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
(b)
an effect of that result is to reduce the value of—

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

(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;
(b)
provide for compensation to be paid by the transferor;
5
(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
transfer scheme, is a reference to a right of a person who under that
10
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,
(c)
a reference to a right’s being enforceable includes a reference to its
15
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.
11
A transfer scheme may make consequential, incidental or transitional
20
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
is in the process of being done by or in relation to the Board when a
25
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
reference to another person.
30
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).
      (2)
The Secretary of State shall not approve, make or modify a transfer scheme
35
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
vest in a specified person by virtue of a transfer scheme.
40
      (2)
A certificate under this paragraph shall be conclusive.
Modification of scheme
14    (1)
This paragraph applies where—

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

(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
under the scheme has taken effect).
      (2)
The Secretary of State may modify the scheme in so far as it relates to the
5
transfer.
15    (1)
This paragraph applies where—
(a)
a transfer scheme provides for the transfer of specified property,
rights or liabilities, and
(b)
the transfer has taken effect.
10
      (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
of State made by statutory instrument.
      (4)
An order under this paragraph may not be made without the consent of—
15
(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.
      (5)
An order under this paragraph shall not be made unless a draft has been laid
before Parliament.
20
Consultation and consent
16
The Secretary of State shall consult the Board before—
(a)
giving a transfer direction,
(b)
modifying a transfer scheme under section 16(2)(b) or paragraph 14
or 15,
25
(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
provides for the transfer to a person of property, rights or liabilities unless
satisfied that the person has consented to—
30
(a)
the transfer, and
(b)
the terms of the scheme relevant to the transfer.
Accounts
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
35
force—
(a)
the Board shall comply with the request,
(b)
the Board shall arrange for the accounts to be audited by qualified
accountants,
(c)
the Board shall submit the accounts and the auditors’ report to the
40
Secretary of State, and
(d)
the Secretary of State shall lay a copy of the accounts and the
auditors’ report before Parliament.