Gambling Bill

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Schedule 13 — Minor and Consequential Amendments
Part 2 — Consequential Amendments
197

for subsection (5)(a) to (c) substitute—
“(a)
a process under the Gambling Act 2005”.
Terrorism Act 2000 (c. 11)
10
In paragraph 4 of Schedule 3A to the Terrorism Act 2000 (regulated sector
and supervisory authorities) for “Gaming Board for Great Britain” substitute
5
“Gambling Commission”.
Regulation of Investigatory Powers Act 2000 (c. 23)
11
In paragraph 20A of Schedule 1 to the Regulation of Investigatory Powers
Act 2000 (relevant public authorities) for “Gaming Board for Great Britain”
substitute “Gambling Commission”.
10
Postal Services Act 2000 (c. 26)
12
In section 7 of the Postal Services Act 2000 (exceptions to the restrictions on
provision of postal services) for the definition of “authorised promoter”
substitute—
““authorised promoter” means—
15
(a)
the holder of a pool betting operating licence under Part 5 of the
Gambling Act 2005,
(b)
a person authorised under section 88(3) of that Act to do
anything on behalf of the holder of a pool betting operating
licence, and
20
(c)
an associate, within the meaning of section 184 of the Consumer
Credit Act 1974 (c. 39), of a person within paragraph (a) or (b),”.
Freedom of Information Act 2000 (c. 36)
13
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities to which the Act applies) for “Gaming Board of Great Britain”
25
substitute “Gambling Commission”.
Criminal Justice and Police Act 2001 (c. 16)
14    (1)
In Schedule 1 of the Criminal Justice and Police Act 2001 (seizure powers to
which extending provision of section 50 applies)—
(a)
paragraphs 6, 11 and 20 cease to have effect,
30
(b)
at the end of Part 1 (renumbering the entry for the Licensing Act 2003
as paragraph 73E) add—
“Gambling Act 2005

73F    The powers conferred by section 297 of the Gambling Act 2005
(inspection powers).”,
35
(c)
paragraphs 89, 93 and 97 cease to have effect, and
(d)
at the end of Part 3 (renumbering the entry for the Licensing Act 2003
as paragraph 111) add—
“Gambling Act 2005

112    The powers conferred by section 297 of the Gambling Act 2005
40
(inspection powers).”

Gambling Bill
Schedule 13 — Minor and Consequential Amendments
Part 2 — Consequential Amendments
198

      (2)
For the purposes of the amendments made by this paragraph, the powers in
section 297(1)(d), (e) and (f) are powers of seizure.
Proceeds of Crime Act 2002 (c. 29)
15
In Part 2 of Schedule 9 to the Proceeds of Crime Act 2002 (supervisory
authorities) in paragraph 4(g) for “Gaming Board for Great Britain”
5
substitute “Gambling Commission”.
Note
16
The amendments made by this Schedule are without prejudice to the
generality of paragraph 4 of Schedule 4.

Gambling Bill
Schedule 14 — Repeals
199

Schedule 14
Section 333

Repeals

Enactment
Repeal

Gaming Act 1710 (c. 19)
The whole Act.

Gaming Act 1738 (c. 28)
The whole Act.

5

Gaming Act 1835 (c. 41)
The whole Act.

Gaming Act 1845 (c. 109)
The whole Act.

Gaming Act 1892 (c. 9)
The whole Act.

Libraries Offences Act 1898
Section 2(3).

(c. 53)

10

Betting, Gaming and Lotteries
The whole Act.

Act 1963 (c. 2)

Police Act 1964 (c. 48)
In Schedule 9, the entry for the Betting, Gaming

and Lotteries Act 1963.

Local Government Act 1966 (c.
In Schedule 3, paragraph 23.

15

42)

Theft Act 1968 (c. 60)
In Schedule 2, the entry for the Gaming Act

1845.

Gaming Act 1968 (c. 65)
The whole Act.

Decimal Currency Act 1969 (c.
In Schedule 2, paragraph 17.

20

19)

Family Law Reform Act 1969 (c.
In Schedule 1, the entry for the betting, Gaming

46)
and Lotteries Act 1963.

Chronically Sick and Disabled
Section 8B(2)(c).

Persons Act 1970 (c. 44)

25

Courts Act 1971 (c. 23)
In Schedule 6, paragraph 6.

In Schedule 9—

     (a)     the entry for the Betting, Gaming and

Lotteries Act 1963, and

     (b)     the entry for the Gaming Act 1968.

30

Local Government Act 1972 (c.
In Schedule 29, paragraph 13.

70)

Gaming (Amendment) Act 1973
The whole Act.

(c. 12)

Lotteries Act 1975 (c. 58)
The whole Act.

35

Lotteries and Amusements Act
The whole Act.

1976 (c. 32)

Criminal Law Act 1977 (c. 45)
In Schedule 1, paragraph 17.

In Schedule 6, the entry for the Gaming Act

1968.

40

In Schedule 12, the entry for the Gaming Act

1968.

Gaming (Amendment) Act 1980
The whole Act.

(c. 8)

Gambling Bill
Schedule 14 — Repeals
200

Enactment
Repeal

Local Government, Planning
In Schedule 8, the entry for the Lotteries and

and Land Act 1980 (c. 65)
Amusements Act 1976.

Supreme Court Act 1981 (c. 54)
In section 28(2)(b), the references to the Betting,

Gaming and Lotteries Act 1963 and the

5

Gaming Act 1968.

Betting and Gaming Duties Act
Sections 9 to 9B.

1981 (c. 63)

Gaming (Amendment) Act 1982
The whole Act.

(c. 22)

10

Criminal Justice Act 1982 (c. 48)
In Schedule 3, the entry for the Betting, Gaming

and Lotteries Act 1963.

Lotteries (Amendment) Act
The whole Act.

1984 (c. 9)

Betting, Gaming and Lotteries
The whole Act.

15

(Amendment) Act 1984 (c. 25)

Police and Criminal Evidence
In Schedule 6, paragraph 12.

Act 1984 (c. 60)

Companies Consolidation
In Schedule 3, the entry for the Betting, Gaming

(Consequential Provisions)
and Lotteries Act 1963.

20

Act 1985 (c. 9)

Betting, Gaming and Lotteries
The whole Act.

(Amendment) Act 1985 (c. 18)

Gaming (Bingo) Act 1985 (c. 35)
The whole Act.

Local Government Act 1985 (c.
In Schedule 8, paragraph 6.

25

51)

Social Security Act 1985 (c. 53)
Section 25.

Gaming (Amendment) Act 1986
The whole Act.

(c. 11)

Gaming (Amendment) Act 1987
The whole Act.

30

(c. 11)

Companies Act 1989 (c. 40)
In Schedule 10, paragraph 25.

Gaming (Amendment) Act 1990
The whole Act.

(c. 26)

Bingo Act 1992 (c. 10)
The whole Act.

35

Finance Act 1993 (c. 34)
Section 37.

Local Government (Wales) Act
In Schedule 16, paragraph 50.

1994 (c. 19)

Coal Industry Act 1994 (c. 21)
Section 68(2)(d)(iv).

In Schedule 9, paragraph 12.

40

Deregulation and Contracting
Section 20.

Out Act 1994 (c. 40)

Civil Evidence Act 1995 (c. 38)
In Schedule 1, paragraph 4.

Employment Rights Act 1996 (c.
In Schedule 1, paragraph 9.

18)

45

Gambling Bill
Schedule 15 — Transitional
Part 1 — Transitional Continuation of Old Licences, &c.
201

Enactment
Repeal

Access to Justice Act 1999 (c. 22)
In Schedule 13, paragraphs 32 to 35.

Financial Services and Markets
In section 412(1)—

Act 2000 (c. 8)
(a)
in paragraph (a), the words “section 18

of the Gaming Act 1845, section 1 of the

5

Gaming Act 1892 or”, and

(b)
paragraph (b).

Criminal Justice and Police Act
Section 63(2)(d).

2001 (c. 16)
In Schedule 1, paragraphs 6, 11, 20, 89, 93 and

97.

10

Licensing Act 2003 (c. 17)
In Schedule 6, paragraphs 29 to 31, 48 to 52 and

62 to 66.

Courts Act 2003 (c. 39)
In Schedule 8, paragraphs 113 to 115 and 132.

Criminal Justice Act 2003 (c. 44)
In Schedule 25, paragraph 54.

Schedule 15
15
Section 335

Transitional
Part 1
Transitional Continuation of Old Licences, &c.
Introduction
1     (1)
In this Part a reference to a commencement order is a reference to an order
20
under section 335(1).
      (2)
This Part is without prejudice to the generality of section 332(1)(c).
Transitional continuation of licences, &c.
2
A commencement order may—
(a)
provide for a licence or other document issued under an enactment
25
repealed by this Act to have such effect as the order may specify after
the commencement of the repeal until a time specified by or
determined in accordance with the order;
(b)
provide for the application of this Act, with any specified
modifications, in relation to a licence or document to which
30
paragraph (a) applies;
(c)
disapply, or modify the application of, a provision of this Act in
relation to specified things done in reliance on a licence or document
to which paragraph (a) applies.
Transitional protection for casinos below minimum licensable size
35
3
A commencement order may—

Gambling Bill
Schedule 15 — Transitional
Part 2 — Advance and Interim Applications, and Conversion
202

(a)
disapply section 165(1) in respect of premises that are in use for the
operation of a casino (within the meaning of section 7(1) to (3)) when
Part 8 of this Act comes into force;
(b)
provide for the application of this Act, with any specified
modifications, in relation to premises of that kind;
5
(c)
disapply, or modify the application of, a provision of this Act in
relation to specified things done on or in relation to premises of that
kind.
References to procedures under this Act
4
A commencement order may include provision for a reference in this Act or
10
in another enactment to anything done under or by virtue of this Act to be
taken, for such transitional purposes as may be specified, as including a
reference to a thing done under or by virtue of an enactment repealed by this
Act.
Part 2
15
Advance and Interim Applications, and Conversion
Advance applications
5
In this Schedule a reference to an advance application for a licence or permit
is a reference to an application made in advance of the commencement of the
offence or other provision of this Act in connection with which the licence or
20
permit is required.
6
The Secretary of State may by order—
(a)
make provision about the making, consideration or determination of
an advance application for a licence or permit;
(b)
make provision about the effect of a licence or permit issued in
25
response to an advance application;
(c)
require the person to whom an advance application for a licence or
permit under this Act is made to determine the application within a
specified period;
(d)
make provision for an advance application for a licence or permit
30
under this Act to be treated as granted (for such purposes, with such
effect and for such period as the order may specify) if not determined
in accordance with a requirement imposed under paragraph (c).
7
An order under paragraph 6—
(a)
may make provision about advance applications generally or only if
35
made before a specified date or during a specified period, and
(b)
may make different provision in relation to different classes of
advance application or different classes of activity.
Interim applications
8
The Secretary of State may by order make provision for or about the grant or
40
renewal of a licence or other document, or a registration, under an
enactment to be repealed by this Act during a specified period between the
passing of this Act and the commencement of the repeal.

Gambling Bill
Schedule 15 — Transitional
Part 2 — Advance and Interim Applications, and Conversion
203

Conversion of existing licences, &c.
9
The Secretary of State may by order—
(a)
make provision for the conversion of a licence or other document
under an enactment to be repealed by this Act into a licence or permit
under this Act (which may, in particular, include provision requiring
5
a person to whom an advance application is made to grant it in
specified circumstances or to a specified extent);
(b)
make provision for the conversion of registration under an
enactment to be repealed by this Act into registration under this Act
or into possession of a licence or permit under this Act (which may,
10
in particular, include provision requiring a person to whom an
advance application is made to grant it in specified circumstances or
to a specified extent).
10
An order under paragraph 9 may provide for conversion of licences, other
documents or registrations generally or by reference to—
15
(a)
the use made of a licence, document or registration,
(b)
the age or duration of a licence, document or registration, or
(c)
any other matter.
Orders: general
11
An order under this Part—
20
(a)
may include provision modifying the effect of a provision of this Act
or the effect of a provision to be repealed by this Act, and
(b)
may apply or replicate a provision of this Act with or without
modification (including a provision conferring a discretion or
providing for the payment of a fee).
25