Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

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
35
be met out of fees 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.