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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

 

 

 
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Revised 19 October 2004