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 4 — Abolition of the Horserace Betting Levy System: Consequential Amendments
34

Schedule 4
Section 17

Abolition of the Horserace Betting Levy System: Consequential Amendments
Betting, Gaming and Lotteries Act 1963 (c. 2)
1
The Betting, Gaming and Lotteries Act 1963 (c. 2) shall be amended as
follows.
5
2     (1)
Section 13 (approval of horse-race courses) shall be amended as follows.
      (2)
In subsections (1) and (2) for “The Levy Board” substitute “The Gaming
Board”.
      (3)
In subsection (1) omit “, and the Board may at any time revoke any such
certificate issued by them”.
10
      (4)
At the end add—
“(3)
The Gaming Board shall grant a certificate of approval requested in
respect of any ground if satisfied that the arrangements for the
management of the ground are reasonably consistent with pursuit of
the objectives of—
15
(a)
preventing betting from being a source of crime or disorder,
being associated with crime or disorder or being used to
support crime,
(b)
ensuring that betting is conducted in a fair and open way,
and
20
(c)
protecting children and other vulnerable persons from being
harmed or exploited by betting.
(4)
In particular, the Gaming Board shall consider whether—
(a)
the place mentioned in subsection (2) will be clearly
delineated,
25
(b)
the terms on which members of the public are invited to
make bets will be clearly displayed, and
(c)
satisfactory arrangements will be made—
(i)
to control the conduct of persons receiving or
negotiating bets on the ground, and
30
(ii)
to address complaints made by members of the public
about the conduct of persons receiving or negotiating
bets on the ground.
(5)
If the Gaming Board would be satisfied in respect of the matters
specified in subsections (3) and (4) if the certificate of approval were
35
granted on conditions, the Gaming Board shall—
(a)
grant the certificate of approval, and
(b)
impose the conditions.
(6)
The Gaming Board shall not grant a certificate of approval unless the
prescribed fee has been paid for the certificate; and subsections (3)
40
and (5) are subject to this subsection.
(7)
The Gaming Board may revoke a certificate of approval if not
satisfied that the arrangements for the management of the ground
are reasonably consistent with pursuit of the objectives specified in

Horserace Betting and Olympic Lottery Bill
Schedule 4 — Abolition of the Horserace Betting Levy System: Consequential Amendments
35

subsection (3)(a) to (c) (having regard, in particular, to the matters
specified in subsection (4)).
(8)
A certificate of approval shall, unless earlier revoked, expire at the
end of the period of three years beginning with the date of issue (but
without prejudice to the power to issue a new certificate).
5
(9)
If the Gaming Board refuse a request for a certificate of approval, or
revoke a certificate of approval, they shall give their reasons in
writing.
(10)
In subsection (6) “prescribed” means prescribed by order of the
Secretary of State.
10
(11)
An order under subsection (10)—
(a)
shall include provision about the timing and manner of
payment,
(b)
shall provide for fees to be paid into the Consolidated Fund,
(c)
may make different provision for different circumstances,
15
(d)
shall be made by statutory instrument, and
(e)
shall be subject to annulment in pursuance of a resolution of
either House of Parliament.”
3
In section 55(1) (interpretation)—
(a)
in the definition of “approved horse racecourse” for “issued by the
20
Levy Board” substitute “issued by the Gaming Board for Great
Britain”, and
(b)
omit the entries for—
(i)
“Bookmakers’ Committee”,
(ii)
“the Levy Board”, and
25
(iii)
“levy period”.
4
In Schedule 1 (bookmaker’s permits, betting agency permits and betting
office licences)—
(a)
paragraph 25A shall cease to have effect, and
(b)
paragraph 36 shall cease to have effect.
30
Parliamentary Commissioner Act 1967 (c. 13)
5
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
(departments, &c. subject to investigation) omit—

“Horserace Betting Levy Board.”
Finance Act 1969 (c. 32)
35
6
Section 59 of the Finance Act 1969 (c. 32) (disclosure of information by
Customs and Excise to Levy Board) shall cease to have effect.
House of Commons Disqualification Act 1975 (c. 24)
7
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (other disqualifying offices) omit—
40

“Member appointed by the Secretary of State of the
Horserace Betting Levy Board.”

Horserace Betting and Olympic Lottery Bill
Schedule 5 — The Olympic Lottery Distributor
Part 1 — Constitution
36

Race Relations Act 1976 (c. 74)
8
In Part II of Schedule 1A to the Race Relations Act 1976 (c. 74) (persons
subject to statutory duty) omit—

“The Horserace Betting Levy Board.”
Freedom of Information Act 2000 (c. 36)
5
9
In Part VI of Schedule 1 to the Freedom of Information Act 2000 (c. 36)
(public authorities) omit—

“The Horserace Betting Levy Board.”
Schedule 5
Section 29

The Olympic Lottery Distributor
10
Part 1
Constitution
Membership
1     (1)
The Secretary of State—
(a)
shall appoint the members of the Olympic Lottery Distributor, and
15
(b)
shall appoint one of the members as Chairman.
      (2)
The Secretary of State shall aim to ensure that the Distributor has at least 5
members at any time.
      (3)
Before making an appointment under sub-paragraph (1) the Secretary of
State shall consult—
20
(a)
the Mayor of London, and
(b)
the National Olympic Committee.
Tenure
2
A person shall hold and vacate office as Chairman or other member of the
Distributor in accordance with the terms of his appointment (subject to this
25
Schedule).
3
The Secretary of State shall not appoint a person to hold office as Chairman
or other member of the Distributor for a term of more than five years.
4
The Chairman or another member of the Distributor may resign his office by
notice in writing to the Secretary of State.
30
5
The Chairman or another member of the Distributor may be removed from
office by the Secretary of State on the grounds that—
(a)
a bankruptcy order has been made against him, his estate has been
sequestrated or he has made a composition or arrangement with, or
granted a trust deed for, his creditors, or
35
(b)
he is, in the opinion of the Secretary of State, unable, unfit or
unwilling to discharge the functions of his office.

Horserace Betting and Olympic Lottery Bill
Schedule 5 — The Olympic Lottery Distributor
Part 2 — Proceedings
37

6
A person who ceases, otherwise than by virtue of paragraph 5, to be
Chairman or another member of the Distributor may be re-appointed.
Staff
7
The Distributor may appoint staff.
Committees
5
8     (1)
The Distributor may establish a committee.
      (2)
A committee—
(a)
must include a member or employee of the Distributor, but
(b)
may also include persons who are neither members nor employees
of the Distributor.
10
Status
9
The Distributor shall not be regarded as the servant or agent of the Crown
or as enjoying any status, immunity or privilege of the Crown.
Supervision
10
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
15
(departments, &c. subject to investigation) insert at the appropriate place—

“Olympic Lottery Distributor.”
Disqualification
11
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (other disqualifying offices) insert at the appropriate place—
20

“Chairman, or member in receipt of remuneration, of the
Olympic Lottery Distributor.”
12
In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25) (other disqualifying offices) insert at the appropriate place—

“Chairman, or member in receipt of remuneration, of the
25
Olympic Lottery Distributor.”
Part 2
Proceedings
Delegation
13    (1)
The Distributor may delegate a function to—
30
(a)
a member,
(b)
an employee,
(c)
a committee, or
(d)
any other person.
      (2)
The following provisions of section 25A of the National Lottery etc. Act 1993
35
(c. 39) (delegation) shall apply (with any necessary modifications) for the
purposes of this paragraph as they apply for the purposes of that section—
(a)
subsection (4) (power to accept delegation),

Horserace Betting and Olympic Lottery Bill
Schedule 5 — The Olympic Lottery Distributor
Part 2 — Proceedings
38

(b)
subsections (5) to (7) (sub-delegation), and
(c)
subsections (8) to (11) (general).
Directions of the Secretary of State
14    (1)
In exercising its functions the Distributor shall comply with any direction
given to it by the Secretary of State.
5
      (2)
A direction under this paragraph may, in particular—
(a)
relate to the management and control of money received by the
Distributor,
(b)
relate to the terms and conditions on which grants or loans are made
under section 30,
10
(c)
require the Distributor to obtain the Secretary of State’s consent
before taking action of a specified kind,
(d)
require the Distributor to provide information,
(e)
relate to the employment of staff, or
(f)
with the consent of the Treasury, relate to—
15
(i)
the form of accounts, or
(ii)
methods and principles for the preparation of accounts.
      (3)
Before giving a direction under this paragraph the Secretary of State shall
consult the Distributor.
Self-regulation
20
15
The Distributor may, subject to this Schedule, regulate its own procedure
and that of its committees (and in particular may specify a quorum for
meetings).
Records
16
In Schedule 1 to the Public Records Act 1958 (definition of public records)
25
the following entry shall be inserted at the appropriate place in Part II of the
Table at the end of paragraph 3—

“Olympic Lottery Distributor.”
Annual report
17    (1)
As soon as is reasonably practicable after the end of each financial year the
30
Distributor shall send to the Secretary of State a report on the exercise of the
Distributor’s functions during the year.
      (2)
A report under sub-paragraph (1) shall, in particular, specify any directions
given to the Distributor under paragraph 14 that had effect during the
financial year to which the report relates.
35
      (3)
The Secretary of State shall lay before Parliament a copy of each report
received by him under this paragraph.
Saving
18
The validity of proceedings of the Distributor shall not be affected by—
(a)
a vacancy among its members, or
40
(b)
a defect in the appointment of a person as Chairman or member.

Horserace Betting and Olympic Lottery Bill
Schedule 5 — The Olympic Lottery Distributor
Part 3 — Money
39

Part 3
Money
Remuneration, &c.
19    (1)
The Distributor may pay to the Chairman, another member or a member of
a committee—
5
(a)
such remuneration as the Secretary of State may determine, and
(b)
such travelling and other allowances as the Secretary of State may
determine.
      (2)
The Distributor may pay to or in respect of the Chairman or another member
such sums as the Secretary of State may determine by way of, or in respect
10
of, pensions, allowances or gratuities.
      (3)
If the Secretary of State thinks that there are special circumstances that make
it right for a person ceasing to hold office as Chairman or member of the
Distributor to receive compensation, the Distributor may pay to him such
compensation as the Secretary of State may determine.
15
20    (1)
The Distributor may pay sums to or in respect of a member or former
member of staff by way of or in respect of—
(a)
remuneration,
(b)
allowances,
(c)
pensions,
20
(d)
gratuities, or
(e)
compensation for loss of employment.
      (2)
In Schedule 1 to the Superannuation Act 1972 (c. 11) (employment to which
superannuation schemes may extend) in the list of other bodies insert at the
appropriate place—
25

“The Olympic Lottery Distributor.”
Payments
21
The Distributor may make payments in respect of expenditure (which may
include expenditure of a capital nature) by—
(a)
the Distributor, or
30
(b)
a person to whom it delegates functions under paragraph 13.
Investment
22
The Distributor may deposit money in an interest-bearing account (but may
not otherwise invest).
Miscellaneous receipts
35
23    (1)
The Secretary of State may pay money to the Distributor for the purpose of
enabling it to meet expenditure.
      (2)
A payment under sub-paragraph (1)—
(a)
may not be used to make grants or loans under section 30,
(b)
may be made only where the Secretary of State thinks the
40
Distributor’s income is or is likely to be insufficient to meet the
expenditure to which the payment relates, and

Horserace Betting and Olympic Lottery Bill
Schedule 6 — Repeals
40

(c)
may be made on conditions (which may include conditions about
repayment).
24
The Distributor may accept gifts.
Accounts
25    (1)
The Distributor shall—
5
(a)
keep proper accounting records, and
(b)
prepare a statement of accounts in respect of each financial year.
      (2)
The Distributor shall send a copy of a statement under sub-paragraph
(1)(b)—
(a)
to the Secretary of State, and
10
(b)
to the Comptroller and Auditor General.
      (3)
A copy of a statement must be sent under sub-paragraph (2) within such
period, beginning with the end of the financial year to which the statement
relates, as the Secretary of State may, with the consent of the Treasury, direct.
      (4)
The Comptroller and Auditor General shall—
15
(a)
examine, certify and report on a statement received under this
paragraph, and
(b)
lay a copy of the statement and his report before Parliament.
Financial year
26    (1)
The financial year of the Distributor shall be the period of 12 months ending
20
with the 31st March.
      (2)
But the first financial year of the Distributor shall be the period—
(a)
beginning with the coming into force of section 29, and
(b)
ending with the following 31st March.
Schedule 6
25
Section 38

Repeals

Short title and chapter
Extent of repeal

Betting, Gaming and Lotteries
In section 1(5)(a), “but no other races”.

Act 1963 (c. 2)
In section 3(1)—

(a)
“or to the Totalisator Board”,

30

(b)
“or, as the case may be, by the said

Board”, and

(c)
“or by the said Board”.

In section 3(2)—

(a)
“or to the said Board”, and

35

(b)
“or, as the case may be, the Board”.

In section 3(3)—

(a)
“The said Board”, and

(b)
“by that Board or, as the case may be,”.