S.C.B.
Amendment Paper as at
Thursday 2nd December 2004
STANDING COMMITTEE B
GAMBLING BILL
NOTE
The Amendments have been arranged in accordance with the Orders of the Committee (9th, 11th and 16th November 2004).
Mr Nick Hawkins
Mr Malcolm Moss
43
Clause 84, page 36, line 29, leave out 'condition that' and insert 'conditions that—
Mr Nick Hawkins
Mr Malcolm Moss
44
Clause 84, page 36, line 31, at end insert ', and
| (b) | there must be no link between— |
| (i) | any remote communication used for the provision of remote gambling, and |
| (ii) | the remote provision of pornography or any other unsolicited services such as "pop-ups".'. |
Mr Richard Caborn
287
Clause 85, page 37, line 22, leave out subsection (1).
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
301
Clause 85, page 37, line 30, at end add—
'(4) A casino operating licence shall be subject to a condition that a person may not participate in any casino game or other game of chance or gaming machine made available at any casino operated by the licence holder unless that person is a member of that casino.
(5) A person may only be admitted to membership of a casino by a licence holder if he—
| (a) | has applied in writing to join the casino; and |
| (b) | has provided satisfactory evidence of his identity and age. |
(6) For the purposes of subsection (5), satisfactory evidence of identity is evidence which is reasonably capable of establishing (and does establish to the satisfaction of the licence holder) that the applicant is the person he claims to be and is aged 18 or over.'.
Mr Don Foster
Bob Russell
236A
Clause 86, page 38, line 4, at end insert 'or a roll over'.
Mr Richard Caborn
288
Clause 87, page 38, line 24, leave out subsection (2).
Mr Richard Caborn
289
Clause 89, page 40, line 2, at end insert—
'(4A) A condition of a pool betting operating licence to which this section applies (whether attached by virtue of section 71, 73 or 74) may make provision regulating or restricting the activities of persons authorised under subsection (2).'.
Mr Don Foster
Bob Russell
237A
Clause 90, page 40, line 12, at end insert 'provided that such standards shall be included in the statement set out in section 22(1) and shall be not more onerous than is reasonably required to achieve the licensing objectives and shall distinguish between categories of of machines as described in Part 10.'.
Mr Don Foster
Bob Russell
Dr John Pugh
302
Clause 92, page 42, line 11, after 'ticket', insert 'or chance'.
Mr Don Foster
Bob Russell
Dr John Pugh
303
Clause 92, page 42, line 12, after 'ticket', insert 'or chance'.
Mr Don Foster
Bob Russell
Dr John Pugh
304
Clause 92, page 42, line 17, leave out subsections (5) and (6).
Mr Don Foster
Bob Russell
Dr John Pugh
305
Clause 92, page 42, line 32, leave out 'sixth' and insert 'fourth'.
Mr Don Foster
Bob Russell
238A
Clause 93, page 43, line 16, at end insert 'provided that such circumstances are relevant to the activity licensed'.
Mr Don Foster
Bob Russell
240
Clause 97, page 45, line 20, at end insert ', unless the operating licence is transferred pursuant to subsection (7) below'.
Mr Don Foster
Bob Russell
239
Clause 97, page 45, line 43, at end add—
'(7) The Commission shall make a statement regarding the circumstances under which an operating licence may be transferred.'.
Mr Don Foster
Bob Russell
241
Clause 104, page 48, line 7, after 'activity', insert 'in a non-discriminatory manner'.
Mr Richard Caborn
290
Clause 104, page 48, line 8, leave out 'and'.
Mr Richard Caborn
291
Clause 104, page 48, line 10, at end insert ', and
| ( ) | may revoke a determination under subsection (1) (in which case the determination shall cease to have effect in relation to licences already issued).'. |
Mr Don Foster
Bob Russell
242
Clause 105, page 49, line 9, at end add—
'(9) The Commission shall make a statement regarding the circumstances under which failure to act within the time specified for renewal through inadvertence, impossibility, clerical error, or other relevant circumstance may be remedied by the extension of time.'.
Mr Don Foster
Bob Russell
243
Clause 107, page 49, line 20, at end insert 'provided that the provisions of section 181 shall apply where the licensee dies,'.
Mr Don Foster
Bob Russell
244
Clause 112, page 51, line 41, leave out 'the Commission thinks that'.
Mr Don Foster
Bob Russell
245
Clause 112, page 51, line 43, leave out 'it thinks that'.
Mr Don Foster
Bob Russell
246
Clause 112, page 52, line 10, at end add—
'(5) A licence holder shall at its option be entitled to an oral hearing before the Commission should the provisions of this section apply.',
Mr Don Foster
Bob Russell
247
Clause 114, page 53, line 21, after 'statement', insert ', following consultation with those parties set out in section 23(10),'.
Mr Tony Banks
127
Clause 116, page 55, line 7, after 'exploitation', insert '(including that of vulnerable animals)'.
Mr Don Foster
Bob Russell
248
Clause 116, page 55, line 13, after 'consult', insert 'the parties referred to in section 23(10) (b) to (d)'.
Mr Richard Caborn
167
Schedule 6, page 159, line 24, at end insert—
| | | 'An offence under section 58(1) of the Civic Government (Scotland) Act 1982 (convicted thief in possession).'. |
Mr Richard Caborn
168
Schedule 6, page 159, line 25, at beginning insert 'Both in England and Wales and in Scotland,'.
Mr Richard Caborn
169
Schedule 6, page 159, line 25, at end insert—
| | | 'In Scotland the offences at common law of— |
(c) theft by housebreaking,
Mr Richard Caborn
170
Schedule 6, page 160, line 6, at end insert—
| | | 'An offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 (offences relating to indecent photographs of children). |
| | | An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995— |
(b) section 2 (intercourse with a stepchild),
(c) section 3 (intercourse with child under 16 by person in position of trust),
(d) section 5 (unlawful intercourse with a girl under 16),
(e) section 6 (indecent behaviour towards girl between 12 and 16),
(f) section 8 (detention of woman in brothel or other premises),
(g) section 10 (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16), and
(h) section 13(5) (homosexual offences).
| | | In Scotland, the offences at common law of— |
(b) clandestine injury to women,
(c) abduction of a woman or girl with intent to rape or ravish,
(d) assault with intent to rape or ravish,
(f) lewd, indecent or libidinous behaviour or practices,
(j) culpable homicide, and
| | | In Scotland, the offence at common law of uttering and fraud.'. |
Mr Richard Caborn
292
Schedule 6, page 160, line 6, at end insert—
| '14A | | An inchoate offence relating to an offence listed elsewhere in this Schedule.'. |
Mr Richard Caborn
293
Clause 120, page 56, line 9, leave out 'a specified function' and insert 'the functions of a specified management office, or to perform a specified operational function,'.
