Amendments proposed to the Gambling Bill - continued	House of Commons
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Liaison between Gambling Commission and OFCOM

   

Mr Nick Hawkins

NC4

To move the following Clause:—

       'The Gambling Commission will liaise with the Office of Communications (OFCOM) on all issues relating to the internet and all other communication media over which OFCOM has a remit, to ensure that there is no regulatory gap between the Commission and OFCOM.'.

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Information about internet sites

   

Mr Nick Hawkins

NC5

To move the following Clause:—

       'Any provision in any Act of Parliament or European Union directive or regulation which prevents the Gambling Commission or the Office of Communications from indicating to punters that an internet site is approved as being one which operates within the UK is hereby repealed.'.

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Application of provisions of Part 5 (No. 2)

   

Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale

NC7

To move the following Clause:—

       'The Secretary of State shall, after consultation with those parties listed in section 22(5), make regulations regarding those matters referred to in Part 5 of this Act as such shall apply to personal licences under Part 6.'.

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Use of Category D gaming machines by children and young persons

   

Mr Don Foster
Bob Russell

NC10

To move the following Clause:—

    '(1)   A person commits an offence if he invites, causes or allows a child or young person to use a Category D gaming machine.

    (2)   A young person commits an offence if he gambles on a Category D gaming machine.

    (3)   An exception is made to subsections (1) and (2) where—

(a)	the value of the prize falls within the limits for Category D gaming machines as defined by regulations under section 220, and

(b)	the nature of the prize is non-monetary or non-redeemable for prizes.'.

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Reinstatement of lapsed operating licences

   

Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale

NC11

To move the following Clause:—

    '(1)   This section applies where an operating licence lapses under section 107(1).

    (2)   During the period of 28 days beginning with the date of the lapse of the operating licence a person may apply to the Commission for the licence to be reinstated with the applicant as the licensee.

    (3)   The provisions of this section shall apply in relation to an application for reinstatement as they apply in relation to an application for an operating licence—

(a)	subject to provisions of this section,

(b)	with any other necessary modifications.

    (4)   An application for reinstatement must (in addition to anything required by section 65 or 69) request that the reinstatement take effect upon the application being granted.

    (5)   The Commission shall grant an application for reinstatement unless it thinks it would be wrong to do so having regard to the matters in sections 66 and 67 (as applied by subsection 3 above).

    (6)   On the grant of an application for the reinstatement of an operating licence the Commission shall—

(a)	alter the licence so that the applicant for reinstatement becomes the licensee,

(b)	specify in the licence that the reinstatement takes effect at the time when the application is granted, and

(c)	make such other alteration of the licence as appears to it to be required (which may, in particular, include an alteration to reflect a decision of the Commission under section 73 as applied by subsection (3) above to make new or varied provisions for the attachment or exclusion of conditions).

    (7)   An application under this section for the reinstatement of an operating licence must (in addition to anything required by section 65) be accompanied by—

(a)	the licence, or

(b)

both—

(i)	a statement explaining why it is not reasonably practicable to produce the licence, and

(ii)	an application under section 100 for the issue of a copy of the licence.

    (8)   In the case of an application under section 100 made in accordance with subsection 7(b)(ii)—

(a)	the application shall be made by the applicant for reinstatement, and

(b)	a reference to the licence being lost, stolen or damaged shall be treated as a reference to the licence being unavailable to the applicant for reinstatement.

    (9)   Regulations under section 65, as they have effect in relation to applications for reinstatement by virtue of subsection (3), may require notice to be given to specified persons.

    (10)   Where an application is made under this section for the reinstatement of an operating licence, the licence shall have effect as if the applicant for reinstatement were the licensee during the period—

(a)	beginning with the receipt of the application for reinstatement by the Commission, and

(b)	ending with the determination of the application by the Commission.'.

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Proof of identity

   

Clive Efford

NC12

To move the following Clause:—

       'Proof of identity will be required before any person can gain access to areas where casino games or Category A gaming machines are played by—

(a)	a photographic ID in the form of a passport or driving licence;

(b)	a form of ID showing proof of home address;

(c)	any other requirement as set out by the Commission.'.

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Conversion of existing permits

   

Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale

NC13

To move the following Clause:—

    '(1)   Within the period of 6 months beginning with a day to be appointed by the Secretary of State, any person or persons in possession of a premises licence granted under the Licensing Act 2003 may apply to the licensing authority to convert machine permits issued under the Licensing Act 1964 and as transposed into the Licensing Act 2003.

    (2)   The licensing authority must grant the application.'.

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Conditions imposed or excluded by licensing authority

   

Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins

NC14

To move the following Clause:—

       'A premises licence may not be subject to a condition (whether imposed by virtue of section 158, 159 or 160) which—

(a)	limits or is different in a material way to the terms of any relevant operating licence held by the applicant, or

(b)	has the effect that the facilities for gambling to be used on the premises will be used in a different way either—

(i)	to the facilities authorised by the terms of any relevant operating licence held by the applicant, or

(ii)	to the way specified in any Code of Practice issued under section 23.'.

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Part 16 regulations

   

Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins

NC15

To move the following Clause:—

       'The Secretary of State shall make regulations providing that controls on the advertising of bingo in premises where facilities are provided pursuant to a bingo operating licence shall be contained in a Code of Practice issued under section 23 following consultation with one or more persons who represent the interests of persons who carry on the business of bingo.'.

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NEW SCHEDULE

   

Mr Richard Caborn

NS1

To move the following Schedule:—

'Amendment of National Lottery etc. Act 1993 (c. 39)

Consultation with Gambling Commission

1

After section 4 of the National Lottery etc. Act 1993 (overriding duties) insert—

    "4A   Consultation with Gambling Commission

    (1)   If in the course of the exercise of its functions the National Lottery Commission becomes aware of a matter about which the Gambling Commission is likely to have an opinion, the National Lottery Commission shall consult the Gambling Commission.

    (2)   The National Lottery Commission shall comply with any direction of the Secretary of State (which may be general or specific) to consult the Gambling Commission."

Definition of "lottery"

2

In section 20 of the National Lottery etc. Act 1993 (c. 39) (interpretation) after the definition of "contravention" insert—

"lottery" has the same meaning as in the Gambling Act 2005;".'.

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ORDER OF THE HOUSE [1ST NOVEMBER 2004]

That the following provisions shall apply to the Gambling Bill:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 11th January 2005.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.

    6.   Sessional Order B (programming committees) made by the House on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.

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ORDERS OF THE COMMITTEE [9th, 11th AND 16th NOVEMBER 2004]

That—

    (1)   during proceedings on the Gambling Bill, in addition to its first Meeting on Tuesday 9th November at 9.30 am, the Standing Committee shall meet when the House is sitting on Tuesdays and Thursdays (except for Thursday 18th November, Tuesday 23rd November, Thursday 25th November and Tuesday 21st December ) at 9.30 am and 2.30 pm;

    (2)   20 sittings shall be allocated to the consideration of the Bill by the Committee;

    (3)   the proceedings shall be taken in the order shown in the table below and shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column of the table.

TABLE

Proceedings	Time for conclusion of proceedings
Clauses 1 to 6; Clauses 8 to 11; Schedule 1; Clauses 12 to 14; Schedule 2; Clauses 15 to 19; Schedule 3; Clause 20; Schedule 4; Clause 7; Clauses 21 to 28; Schedule 5; Clauses 29 to 119; Schedule 6; Clauses 120 to 133; Schedule 7; Clauses 134 to 218	5.30 pm on Thursday 2nd December
Clauses 219 to 231; Schedule 8; Clauses 232 to 242; Schedule 9; Clauses 243 to 259; Schedule 10; Clauses 260 to 272; Schedule 11; Clauses 273 to 278; Schedule 12; Clauses 279 to 284	5.30 pm on Tuesday 14th December
Clauses 285 to 312	5.30 pm on Thursday 16th December
Clauses 313 to 333; Schedules 13 and 14; Clauses 334 and 335; Schedule 15; Clauses 336 and 337; remaining proceedings on the Bill	5.30 pm on Tuesday 11th January 2005

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Prepared 30 Nov 2004