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Session 2002 - 03
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Gambling Bill


Gambling Bill
Schedule 3 — The Gambling Commission

155

 

      (2)  

A person—

(a)   

may hold appointment both as the chief executive and as a

commissioner, but

(b)   

may not hold appointment both as the chief executive and as the

chairman.

5

      (3)  

Where a person holds appointment both as the chief executive and as a

commissioner, if he ceases to be the chief executive he shall cease to be a

commissioner.

6          

The Commission may, with the Secretary of State’s consent as to terms and

conditions of employment, appoint other staff.

10

Proceedings

7          

The Commission shall—

(a)   

determine arrangements for the conduct of its proceedings (which

may, in particular, include arrangements for a quorum), and

(b)   

publish those arrangements.

15

8     (1)  

The Commission may delegate a function to—

(a)   

a commissioner,

(b)   

a committee consisting of commissioners, or

(c)   

an employee of the Commission.

      (2)  

Sub-paragraph (1) applies to any function of the Commission including, in

20

particular—

(a)   

a discretionary function;

(b)   

the function of conducting a review;

(c)   

the function of determining whether to revoke a licence or of

determining whether to impose a requirement to pay a penalty.

25

Money

9          

The Commission may, with the consent of the Secretary of State, pay to or in

respect of a commissioner or employee sums by way of or in respect of—

(a)   

remuneration;

(b)   

allowances;

30

(c)   

expenses;

(d)   

pension;

(e)   

gratuity.

10         

The Secretary of State may make payments to the Commission for the purpose of

enabling the Commission to meet such of its expenses as cannot be met out of fees

35

paid to the Commission under this Act.

11         

The Commission may, with the consent of the Secretary of State, borrow

money.

12         

The Commission may pay money into the Consolidated Fund.

13         

The Commission shall keep accounting records in such form as the Secretary

40

of State may direct.

14    (1)  

The Commission shall prepare a statement of accounts for each financial

year in such form as the Secretary of State may direct.

 

 

Gambling Bill
Schedule 4 — Transfer from Gaming Board to Gambling Commission: Supplementary Provision

156

 

      (2)  

The Commission shall send a copy of a statement of accounts under sub-

paragraph (1) to—

(a)   

the Secretary of State, and

(b)   

the Comptroller and Auditor General.

      (3)  

The Commission must comply with sub-paragraph (2) within such period,

5

beginning with the end of the financial year to which the accounts relate, as

the Secretary of State may specify.

      (4)  

The Comptroller and Auditor General shall—

(a)   

examine a statement sent to him under sub-paragraph (2),

(b)   

report on it, and

10

(c)   

lay a copy of his report before Parliament.

15    (1)  

The financial year of the Commission shall be the period of 12 months

ending with 31st March.

      (2)  

But the first financial year of the Commission shall be the period—

(a)   

beginning with the commencement of section 19, and

15

(b)   

ending with the following 31st March.

Annual report

16    (1)  

As soon as is reasonably practicable after the end of each financial year the

Commission shall send to the Secretary of State a report about the activities

of the Commission during the year.

20

      (2)  

Where the Secretary of State receives a report under sub-paragraph (1)—

(a)   

he shall lay a copy before Parliament, and

(b)   

he may arrange for the report to be published.

Status

17    (1)  

The Commission shall not be regarded as the servant or agent of the Crown

25

or as enjoying any status, immunity or privilege of the Crown.

      (2)  

Property of the Commission shall not be regarded as property of or held on

behalf of the Crown.

      (3)  

Membership of or employment by the Commission is not employment in the

civil service of the State.

30

Consent

18         

Consent given by the Secretary of State for the purposes of this Schedule

may be general or specific.

Schedule 4

Section 20

 

Transfer from Gaming Board to Gambling Commission: Supplementary

35

Provision

1          

In this Schedule—

“the Board” means the Gaming Board for Great Britain,

 

 

Gambling Bill
Schedule 5 — Exchange of Information: Persons and Bodies
Part 1 — Persons and Bodies with Functions under this Act

157

 

“commencement” means the coming into force of section 20, and

“the Commission” means the Gambling Commission.

2          

Anything done by or in relation to the Board which has effect immediately

before commencement shall, so far as necessary for continuing its effect after

commencement, have effect as if done by or in relation to the Commission.

5

3          

Anything (including any legal proceedings) which immediately before

commencement is in the process of being done by or in relation to the Board

may be continued by or in relation to the Commission.

4          

So far as necessary or appropriate in consequence of section 20, on and after

commencement a reference to the Board in an enactment, instrument or

10

other document shall be treated as a reference to the Commission.

5     (1)  

Section 20(2) shall operate in relation to rights and liabilities—

(a)   

whether or not they would otherwise be capable of being transferred

by the Board, and

(b)   

without any instrument or other formality being required.

15

      (2)  

In so far as section 20(2) transfers to the Commission liabilities under

contracts of employment nothing in that section or this Schedule shall affect

the operation of—

(a)   

the Transfer of Undertakings (Protection of Employment)

Regulations 1981 (S.I. 1981/1794), or

20

(b)   

regulations under section 38 of the Employment Relations Act 1999

(c. 26) (replication of the TUPE regulations).

Schedule 5

Sections 28 and 328

 

Exchange of Information: Persons and Bodies

Part 1

25

Persons and Bodies with Functions under this Act

 

A constable or police authority

 
 

An enforcement officer

 
 

A licensing authority

 
 

Her Majesty’s Commissioners of Customs and Excise

 

30

 

The Gambling Appeal Tribunal

 
 

The National Lottery Commission

 
 

The Secretary of State

 
 

The Scottish Ministers

 
 

 

Gambling Bill
Schedule 6 — Relevant Offences
Part 1 — The Offences

158

 

Part 2

Other Persons and Bodies

 

The Director and staff of the Assets Recovery Agency

 
 

The Jockey Club and any company all the shares in which are

 
 

owned by the Jockey Club

 

5

 

The Occupational Pensions Regulatory Authority

 
 

The Office of Fair Trading

 
 

The Serious Fraud Office

 

Part 3

Notes

10

1          

Where a person or body listed in this Schedule is by virtue of an enactment

restricted in the use that may be made of information provided to him or it

by another person or body, nothing in section 28 or 328 overrides that

restriction—

(a)   

in relation to information provided to the person or body by the

15

Commission, or

(b)   

so as to permit the person or body to disclose to the Commission

information provided to the person or body by another.

2          

Information provided to a person or body by Her Majesty’s Commissioners

of Customs and Excise in reliance on a provision of this Act may not be

20

provided by that person or body to any other person or body without the

consent of the Commissioners.

Schedule 6

Section 119

 

Relevant Offences

Part 1

25

The Offences

Gambling offences

1          

An offence under—

(a)   

this Act,

(b)   

the Betting, Gaming and Lotteries Act 1963 (c. 2),

30

(c)   

the Gaming Act 1968 (c. 65),

(d)   

the Lotteries and Amusements Act 1976 (c. 32),

(e)   

the National Lottery etc. Act 1993 (c. 39), or

(f)   

the National Lottery Act 1998 (c. 22).

 

 

Gambling Bill
Schedule 6 — Relevant Offences
Part 1 — The Offences

159

 

Theft, &c.

2          

An offence under any of the following provisions of the Theft Act 1968

(c. 60)—

(a)   

section 1 (theft),

(b)   

section 8 (robbery),

5

(c)   

section 9 (burglary),

(d)   

section 10 (aggravated burglary),

(e)   

section 11 (theft from exhibition, &c.),

(f)   

section 12A (aggravated vehicle-taking),

(g)   

section 13 (abstracting electricity),

10

(h)   

section 15 (obtaining property by deception),

(i)   

section 15A (obtaining money transfer by deception),

(j)   

section 16 (obtaining pecuniary advantage by deception),

(k)   

section 17 (false accounting),

(l)   

section 19 (false statement by director, &c.),

15

(m)   

section 20 (suppression of document, &c.),

(n)   

section 21 (blackmail),

(o)   

section 22 (handling stolen goods),

(p)   

section 24A (retaining wrong credit), and

(q)   

section 25 (going equipped for stealing, &c.).

20

3          

An offence under section 1 or 2 of the Theft Act 1978 (c. 31) (obtaining

services, or evading liability, by deception).

4          

An offence under section 170 or 170B of the Customs and Excise

Management Act 1979 (c. 2) (evasion of duty).

5          

The offence at common law of conspiracy to defraud.

25

Miscellaneous

6          

A sexual offence within the meaning of section 161(2) of the Powers of

Criminal Courts (Sentencing) Act 2000 (c. 6).

7          

A violent offence within the meaning of section 161(3) of that Act.

8          

An offence under—

30

(a)   

the Firearms Act 1968 (c. 27), or

(b)   

the Firearms (Amendment) Act 1988 (c. 45).

9          

An offence under any of the following provisions of the Misuse of Drugs Act

1971 (c. 38)—

(a)   

section 4(2) (production),

35

(b)   

section 4(3) (supply),

(c)   

section 5(3) (possession with intent to supply), and

(d)   

section 8 (permitting activity on premises).

10         

An offence under the Forgery and Counterfeiting Act 1981 (c. 45), except for

sections 18 and 19 (reproduction and imitation notes and coins).

40

11         

An offence under section 3 of the Private Security Industry Act 2001 (c. 12)

(unlicensed activity).

 

 

Gambling Bill
Schedule 7 — Gambling Appeals Tribunal

160

 

12         

An offence under section 70 of the Army Act 1955 (c. 18) in so far as it relates

to an offence listed elsewhere in this Schedule.

13         

An offence under section 70 of the Air Force Act 1955 (c. 19) in so far as it

relates to an offence listed elsewhere in this Schedule.

14         

An offence under section 42 of the Naval Discipline Act 1957 (c. 53) in so far

5

as it relates to an offence listed elsewhere in this Schedule.

15         

A reference in this Part of this Schedule to an offence under an Act or a

provision of an Act includes a reference to an offence under subordinate

legislation made under that Act or provision.

Part 2

10

Power to Amend Part 1

16         

The Secretary of State may by order amend Part 1 of this Schedule so as to—

(a)   

add an entry,

(b)   

vary an entry, or

(c)   

remove an entry.

15

Schedule 7

Section 133

 

Gambling Appeals Tribunal

President, deputy and members

1     (1)  

The Lord Chancellor shall appoint—

(a)   

a President of the Tribunal, and

20

(b)   

other members of the Tribunal.

      (2)  

The Lord Chancellor may appoint a member of the Tribunal as its deputy

President; and the deputy President—

(a)   

may act for the President when he is unable to act or unavailable, and

(b)   

shall perform such other functions as the President may delegate or

25

assign to him.

2          

A person may be appointed under paragraph 1 only if—

(a)   

he has a seven year general qualification within the meaning of

section 71 of the Courts and Legal Services Act 1990 (c. 41), or

(b)   

he is an advocate or solicitor in Scotland of at least seven years’

30

standing.

Tenure

3     (1)  

A person appointed under paragraph 1 shall hold and vacate office in

accordance with the terms of his appointment (subject to this paragraph).

      (2)  

A person appointed under paragraph 1 may resign by notice in writing to

35

the Lord Chancellor.

      (3)  

The Lord Chancellor may dismiss a person appointed under paragraph 1—

 

 

Gambling Bill
Schedule 7 — Gambling Appeals Tribunal

161

 

(a)   

on the grounds that the person is unable or unwilling to perform his

functions, or

(b)   

on the grounds of misbehaviour.

Staff

4          

The Lord Chancellor may appoint staff for the Tribunal.

5

Money

5          

The Lord Chancellor may pay sums to or in respect of a person appointed under

paragraph 1 or 4 by way of or in respect of

(a)   

remuneration;

(b)   

expenses;

10

(c)   

allowances.

6          

The Lord Chancellor may incur expenditure in respect of the Tribunal.

7          

Sums received by way of fees under section 140 shall be paid into the Consolidated

Fund.

Sittings

15

8     (1)  

The Tribunal—

(a)   

shall sit at such times and in such places as the President may direct

in accordance with general arrangements made by the Lord

Chancellor, and

(b)   

may sit in more than one place at a time.

20

      (2)  

Rules made by the Lord Chancellor under section 139 shall, in particular,

make provision for determining whether a case shall be heard by the

Tribunal sitting—

(a)   

in England or Wales, or

(b)   

in Scotland.

25

9     (1)  

At each sitting the Tribunal may consist of—

(a)   

the President,

(b)   

a member, or

(c)   

the President sitting with two other members.

      (2)  

The constitution of the Tribunal at each sitting shall be determined—

30

(a)   

by the President, and

(b)   

in accordance with general arrangements made by the Lord

Chancellor.

      (3)  

The arrangements may, in particular, include provision—

(a)   

for a three-member tribunal to continue with one or two members in

35

specified circumstances;

(b)   

for the President to have a casting vote if sitting with one other

member by virtue of paragraph (a).

10         

The Lord Chancellor—

(a)   

shall consult the President before making arrangements under

40

paragraph 8(a) or 9(2)(b), and

(b)   

shall publish the arrangements.

 

 

 
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Revised 19 October 2004