S.C.B.
Amendment Paper as at
Tuesday 7th 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 Don Foster
Bob Russell
Mr Nick Hawkins
6
Clause 220, page 101, line 41, leave out from 'defining' to end of line 43 and insert 'three classes of gaming machine for the purposes of this Act all of which shall be subject to maximum stakes and prizes.'.
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
276
Clause 220, page 101, line 45, after 'sub-categories', insert 'including a sub-category dealing with linked machines (as defined in section 228) to be known as Category B*'.
Miss Julie Kirkbride
344
Clause 220, page 101, line 45, after 'categories', insert—
| '(aa) | limit the number of Category A machines that may be made available to not more than 10 per cent. of total gaming machines on any premises subject to a Regional Casino Licence, and'. |
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
270
Clause 220, page 102, line 3, at end insert ', and
| (c) | only allow a maximum of one-fifth of the number of gaming machines which are permitted to be installed to be Category A machines and subject always to subsection (4).'. |
Mr Don Foster
Bob Russell
Mr Nick Hawkins
7
Clause 220, page 102, leave out lines 6 and 7 and insert—
'(4) Every three years the Secretary of State shall review any regulations made in respect of Category B to D gaming machines, and which make provision in respect of—'.
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
274
Clause 220, page 102, line 6, leave out subsection (4) and insert—
'(4) Subject to section 228 of this Act, every third year after the coming into force of Part 10 of this Act the Secretary of State shall, after receiving from, and paying due regard to, the advice of the Commission given under section 25, review any regulations made in respect of Category A to D gaming machines, and which make provision in respect of—
| (a) | amounts paid in respect of the use of a machine; |
| (c) | the nature of prizes; |
| (d) | the premises where a machine is used; |
| (e) | the aggregate value of prizes of linked machines.'. |
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
277
Clause 220, page 102, line 18, at end add—
'(7) Subsection 220(2)(c) may only be altered by regulations made under subsection (1) and not by an order made under section 163 (12).'.
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
341
Clause 220, page 102, line 18, at end add—
'(7) Regulations under subsection (1) shall provide that the same categories and sub-categories of Category B and C machines are authorised to be made available for use on—
| (a) | premises with a bingo premises licence, and |
| (b) | premises with a betting premises licence.'. |
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
278
Clause 228, page 104, leave out line 12 and insert 'in the same designated gaming area'.
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
279
Clause 228, page 104, line 18, at end add ', provided that the aggregate limit of prizes offered by linked machines shall not thereby be exceeded.'.
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
280
Clause 228, page 104, line 18, at end add—
'(4) The first gaming machine and the linked gaming machine are together called "linked machines" and shall be classed as appropriate to their primary category.
(5) No order made under subsection (3) shall permit any linked machine to be operated outside a designated gambling area.
(6) Linked machines shall each be counted as a separate machine for the purposes of section 163 and any other provision of this Act where the number of gaming machines is mentioned.'.
Mr Richard Caborn
171
Schedule 8, page 163, line 16, at end insert 'except that, in paragraph 5(d) it means, where the application is made to a licensing authority in Scotland, prescribed by regulations made by the Scottish Ministers.'.
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
311
Schedule 8, page 163, line 38, leave out 'may' and insert 'shall, after consultation with—
| (a) | one or more persons who appear to represent local authorities, |
| (b) | one or more persons who appear to represent chief constables of police forces, |
| (c) | one or more persons who appear to represent the interests of persons carrying on relevant gambling businesses which will be affected, |
| (d) | one or more persons who have knowledge about social problems relating to gambling, |
| (e) | to such extent and in such manner as appropriate, members of the public,'. |
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
312
Schedule 8, page 163, line 39, leave out 'propose to' and insert 'shall'.
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
313
Schedule 8, page 163, line 40, leave out 'may' and insert 'shall'.
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
314
Schedule 8, page 164, line 2, leave out 'need not (but may) have regard to' and insert 'shall follow'.
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
315
Schedule 8, page 164, line 3, leave out 'have regard to' and insert 'follow'.
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
316
Schedule 8, page 164, line 26, after 'make', insert 'at the applicant's option'.
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
317
Schedule 8, page 166, line 32, at end insert 'and there has been a material change in circumstance since the original granting of the permit'.
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
318
Schedule 8, page 166, line 41, at end insert—
'(2) For the purposes of this paragraph a copy of a permit may be kept on the premises and if required the original may be produced to an officer set out in paragraph 20(1) within a reasonable time.'.
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
319
Schedule 9, page 169, line 24, at end insert—
'(4A) The prescribed sum referred to in paragraphs 3 and 4 shall be determined only after consultation with parties representing those who will be affected by such determination and shall be the subject of periodic review.'.
Mr Richard Caborn
172
Schedule 9, page 178, line 20, at end insert—
'( ) In relation to registration in Scotland—
| (a) | sub-paragraph (1)(b) shall have effect as if the reference to a magistrate's court were a reference to a sheriff whose sheriffdom is wholly or partly within the area of the local authority against whose decision the appeal is brought, |
| (b) | sub-paragraph (2)(a) and (b) shall not have effect, and |
| (c) | sub-paragraph (3) shall have effect as if the reference to a magistrate's court were a reference to the sheriff.'. |
Mr Richard Caborn
173
Schedule 9, page 179, line 18, at end insert 'except that, in the following provisions, it means prescribed by the Scottish Ministers by regulations—
| (a) | in paragraph 43(2)(d), where the application is made to a local authority in Scotland, |
| (b) | in paragraph 47(1), where the local authority giving notice is in Scotland, and |
| (c) | in paragraph 55(2)(b), where the registering local authority is in Scotland.'. |
Mr Richard Caborn
371
Schedule 9, page 180, line 7, at end insert—
| '3A | | An order under subsection (3) may, in particular, make provision— |
(a) restricting the number of lotteries that may be promoted on behalf of a person wholly or partly within a specified period;
(b) prescribing a minimum interval between activity in connection with one lottery promoted on behalf of a person and activity in connection with another lottery promoted on behalf of that person.'.
Mr Richard Caborn
31
Clause 249, page 110, line 36, leave out 'a lottery which forms part of'.
Mr Don Foster
Bob Russell
Dr John Pugh
348
Clause 255, page 113, line 31, at end insert —
| '(e) | not unfairly discriminate between different classes of club or institute when making such regulations.'. |
