Standing Committee Proceedings
Thursday 16th December 2004
STANDING COMMITTEE PROCEEDINGS
STANDING COMMITTEE B
GAMBLING BILL
[SEVENTEENTH AND EIGHTEENTH SITTINGS]
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Withdrawn 398
| | Clause 308, page 134, line 15, leave out `that section' and insert `section 319 of the Communications Act 2003 (c. 21)'. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Withdrawn 399
| | Clause 308, page 134, line 16, at end insert `in conjunction with any relevant bodies empowered by it under section 1(7) of the Communications Act 2003.'. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Not called 400
| | Clause 308, page 134, line 19, after `of', insert `a code of practice issued under section 23(3) or'. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Withdrawn 401
| | Clause 308, page 134, line 20, at end insert `, and |
| (c) | shall consult one or more persons who appear to the Commission to have a relevant responsibility for regulating the advertising industry'. |
Mr Nick Hawkins
Withdrawn 416
| | Clause 310, page 135, line 21, at beginning insert `Subject to subsection (2A),'. |
Mr Nick Hawkins
Not called 417
| | Clause 310, page 135, line 25, at end insert— |
| `(2A) | Gibraltar, the Isle of Man and the Channel Isles do not fall within the definition of "foreign gambling" for the purpose of this section.'. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Not called 402
| | Clause 311, page 135, line 34, at beginning insert `A code issued under section 23(3) or'. |
Mr Richard Caborn
Agreed to 405
| | Clause 311, page 135, line 36, at beginning insert `wholly or partly'. |
Mr Richard Caborn
Agreed to 406
| | Clause 311, page 135, line 38, leave out `prohibitions in sections 309(1) and 310(1) apply' and insert `prohibition in section 309(1) applies'. |
Mr Richard Caborn
Agreed to 407
| | Clause 311, page 135, line 40, at beginning insert `wholly or partly'. |
Mr Richard Caborn
Agreed to 408
| | Clause 311, page 135, line 41, at end insert— |
| `( ) | The prohibition in section 310(1) applies to anything in the way of advertising which is done— |
| (a) | wholly or partly in the United Kingdom, and |
| (b) | otherwise than by way of remote communication.'. |
| | Clause, as amended, agreed to. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Not called 403
| | Clause 312, page 136, line 5, at beginning insert ` A code issued under section 23(3) or'. |
Mr Richard Caborn
Agreed to 409
| | Clause 312, page 136, line 20, at end insert `; for which purpose a reference to Great Britain shall be taken as a reference to the United Kingdom.'. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Not called 404
| | Clause 312, page 136, line 46, after first `of', insert `any code issued under section 23(3) or'. |
| | Clause, as amended, agreed to. |
| | Clauses 313 to 317 agreed to. |
Mr Richard Caborn
Agreed to 23
| | Clause 318, page 140, line 11, leave out `entering' and insert `participating in'. |
| | Clause, as amended, agreed to. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Withdrawn 372
| | Clause 320, page 140, line 22, after first `the', insert `gross'. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Withdrawn 373
| | Clause 321, page 141, line 2, after `he', insert `intentionally'. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Not called 374
| | Clause 321, page 141, line 7, at end insert `and such false or misleading information was of a substantive or serious nature and had such information been true or accurate a decision made by the Commission or a licensing authority would have been materially different.'. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Not called 375
| | Clause 321, page 141, line 20, at end add— |
| `(5) | Where information or advice which is false or misleading is given by the Commission or a licensing authority and action is taken by the recipient of such information in reliance upon that information or advice, the recipient may rely upon such information or advice for all purposes, and the Commission or licensing authority may not take any action or do anything which they could not have done had such information or advice not been false or misleading.'. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Withdrawn 376
| | Clause 323, page 141, line 40, leave out paragraph (b). |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Not called 342
| | Clause 323, page 141, line 40, leave out `shall be treated as a participation fee' and insert `is not a participation fee and shall not be treated as such'. |
Mr Richard Caborn
Agreed to 361
| | Clause 323, page 141, line 43, leave out `subsection (2)' and insert `subsections (2) and (2A)'. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Not called 377
| | Clause 323, page 142, line 1, leave out subsection (2). |
Mr Richard Caborn
Agreed to 362
| | Clause 323, page 142, line 2, at end insert— |
| (2A) | For the purposes of section 264, a membership subscription is a participation fee.'. |
| | Clause, as amended, agreed to. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Withdrawn 378
| | Clause 325, page 142, leave out line 44. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Not called 379
| | Clause 325, page 143, leave out line 1. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Not called 380
| | Clause 325, page 143, leave out line 2. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Not called 381
| | Clause 325, page 143, line 11, leave out paragraph (m). |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Not called 382
| | Clause 325, page 143, line 16, at end add— |
| `(4) | The Commission in exercising its powers under section 24 shall include guidance to local authorities regarding the manner and the circumstances in which a licensing authority may institute criminal proceedings under this section.'. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Withdrawn 383
| | Clause 327, page 143, line 33, at end insert— |
| `(d) | ensure that its licensing policy and other decisions comply with the licensing objectives and guidance issued under section 24, and |
| (e) | take no action which conflicts with any policy or determination of the Commission or any regulations made by the Secretary of State.'. |
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
Not called 331
| | Clause 327, page 144, line 3, at end insert `, and |
| (e) | representatives of relevant social agencies with concern about or responsibility for social well-being in the wider local or regional community from which the authorised activities may draw custom, such as social services, probation service, addiction treatment bodies, primary care trusts, community workers and faith groups, regardless of whether the geographical area or remit of these agencies extends beyond that of the licensing authority.'. |
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
Withdrawn 384
| | Clause 327, page 144, line 8, at end insert— |
| `(d) | matters which may or may not be the subject of licensing authority policy.'. |
| | Clauses 328 and 329 agreed to. |
| | [Adjourned till Tuesday 11th January at 9.30 a.m. |
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