Vote Bundle Text (941202-06)

Amendments proposed to the Gambling Bill - continued	House of Commons

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Mr Richard Caborn

Clause 330, page 147, line 39, leave out 'entering' and insert 'participating in'.

Mr Richard Caborn

Clause 333, page 150, line 4, at end insert '(subject to the Note to that Schedule).'.

Mr Richard Caborn

Schedule 14, page 200, line 36, at end insert—

'National Lottery etc. Act 1993 (c. 39) Section 2.

Section 18(1) to (4).

Section 45.

Section 46(3).

Sections 47 to 59.

In Schedule 1, paragraphs 1 and 2.

Schedules 7 to 9.'.

Mr Richard Caborn

Schedule 14, page 201, line 14, at end insert—

'Note

The repeal of section 2 of the National Lottery etc. Act 1993 shall not extend to Northern Ireland.'.

NEW CLAUSES

Consultation with Commissioners of Customs and Excise

Mr Richard Caborn

NC1

To move the following Clause:—

'(1) If in the course of the exercise of its functions the Gambling Commission becomes aware of a matter about which the Commissioners of Customs and Excise are likely to have an opinion, the Gambling Commission shall consult the Commissioners of Customs and Excise.

(2) The Gambling Commission shall comply with any direction of the Secretary of State (which may be general or specific) to consult the Commissioners of Customs and Excise.'.

Prosecution: time limit

Mr Richard Caborn

NC2

To move the following Clause:—

'(1) A magistrates' court may try an information for an offence under this Act provided that the information was laid within the period of twelve months beginning with the date (or last date) on which the offence is alleged to have been committed.

(2) Section 127(1) of the Magistrates' Courts Act 1980 (c. 43) shall not apply to an offence under this Act.'.

National Lottery

Mr Richard Caborn

NC3

To move the following Clause:—

'(1) Entering the National Lottery is not gambling for the purposes of this Act (despite section 3(c) but subject to subsections (2) to (4) below).

(2) Entering the National Lottery is gambling for the purposes of—

(a) section 39, and

(b) section 314.

(3) Where entering the National Lottery would also constitute gaming within the meaning of section 6, it shall be treated as gaming for the purposes of this Act if and only if a person entering the lottery is required to participate in, or to be successful in, more than three processes before becoming entitled to a prize.

(4) Entering the National Lottery shall not be treated as betting for the purposes of this Act where it would—

(a) satisfy the definition of pool betting in section 12, or

(b) satisfy the definition of betting in section 9 by virtue of section 11.

(5) Schedule [Amendment of National Lottery etc. Act 1993] shall have effect.'.

Non-commercial betting

Mr Richard Caborn

NC6

To move the following Clause:—

'For the purposes of this Act a betting transaction is non-commercial betting if no party to the transaction—

(a) enters it in the course of a business, or

(b) holds himself out as being in business in relation to the acceptance of bets.'.

Gambling software operating licence: standards

Mr Richard Caborn

NC8

To move the following Clause:—

'(1) The Commission may establish, or provide for the establishment of, standards in respect of the manufacture, supply, installation or adaptation of gambling software.

(2) In particular, the Commission may—

(a) provide for the enforcement of standards by the attachment of conditions under section 71 or 73;

(b) make arrangements with any person for the establishment of standards;

(d) for the purpose of considering whether a condition under section 71 or 73 has been complied with, require the holder of a gambling software operating licence—

(i) to submit to a test in accordance with arrangements made under paragraph (c) above, and

(ii) to produce specified evidence of the result of the test;

(e) for the purpose of considering whether to grant an application under this Part, require the holder of or an applicant for a gambling software operating licence—

(i) to submit to a test in accordance with arrangements made under paragraph (c) above, and

(ii) to produce specified evidence of the result of the test.

(3) Standards established under subsection (2) may, in particular, be expressed—

(a) by reference to the opinion of a specified person or class of persons;

(b) by reference to a specified process or description of software.

(4) This section is without prejudice to the generality of sections 71, 73 and 74.'.

Operating licences: conditions: information

Mr Richard Caborn

NC9

To move the following Clause:—

'(1) A condition attached to an operating licence by virtue of section 71 or 74 may require the provision of information of a specified kind to—

(a) the Commission, or

(b) another specified person or class of person.

(2) A condition attached by virtue of this section may, in particular—

(a) relate to information about the use made of facilities provided in accordance with the operating licence;

(b) require a person to provide any information that he suspects may—

(i) relate to the commission of an offence under this Act,

(ii) relate to a breach of a rule applied by a sporting or other body, or

(iii) lead to the making of an order under section 315.'.

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.'.

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.'.

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.'.

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.'.

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.'.