Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Schedule 5 — Transfer from Gaming Board to Gambling Commission: Supplementary Provision
162

(b)
he may arrange for the report to be published.
Status
17    (1)
The Commission shall not be regarded as the servant or agent of the Crown
or as enjoying any status, immunity or privilege of the Crown.
      (2)
Property of the Commission shall not be regarded as property of or held on
5
behalf of the Crown.
      (3)
Membership of or employment by the Commission is not employment in the
civil service of the State.
Consent
18
Consent given by the Secretary of State for the purposes of this Schedule
10
may be general or specific.
Schedule 5
Section 21

Transfer from Gaming Board to Gambling Commission: Supplementary
Provision
1
In this Schedule—
15
“the Board” means the Gaming Board for Great Britain,
“commencement” means the coming into force of section 21, and
“the Commission” means the Gambling Commission.
2
Anything done by or in relation to the Board which has effect immediately
before commencement shall, so far as necessary for continuing its effect after
20
commencement, have effect as if done by or in relation to the Commission.
3
Anything (including any legal proceedings) which immediately before
commencement is in the process of being done by or in relation to the Board
may be continued by or in relation to the Commission.
4
So far as necessary or appropriate in consequence of section 21, on and after
25
commencement a reference to the Board in an enactment, instrument or
other document shall be treated as a reference to the Commission.
5     (1)
Section 21(2) shall operate in relation to rights and liabilities—
(a)
whether or not they would otherwise be capable of being transferred
by the Board, and
30
(b)
without any instrument or other formality being required.
      (2)
In so far as section 21(2) transfers to the Commission liabilities under
contracts of employment nothing in that section or this Schedule shall affect
the operation of—
(a)
the Transfer of Undertakings (Protection of Employment)
35
Regulations 1981 (S.I. 1981/1794), or
(b)
regulations under section 38 of the Employment Relations Act 1999
(c. 26) (replication of the TUPE regulations).

Gambling Bill
Schedule 6 — Exchange of Information: Persons and Bodies
Part 3 — Notes
163

Schedule 6
Sections 29 and 338

Exchange of Information: Persons and Bodies
Part 1
Persons and Bodies with Functions under this Act

A constable or police authority

5

An enforcement officer

A licensing authority

Her Majesty’s Commissioners of Customs and Excise

The Gambling Appeal Tribunal

The National Lottery Commission

10

The Secretary of State

The Scottish Ministers

Part 2
Other Persons and Bodies

The Director and staff of the Assets Recovery Agency

15

The Jockey Club and any company all the shares in which are

owned by the Jockey Club

The Occupational Pensions Regulatory Authority

The Office of Fair Trading

The Serious Fraud Office

20
Part 3
Notes
1
Where a person or body listed in this Schedule is by virtue of an enactment
restricted in the use that may be made of information provided to him or it
by another person or body, nothing in section 29 or 338 overrides that
25
restriction—
(a)
in relation to information provided to the person or body by the
Commission, or
(b)
so as to permit the person or body to disclose to the Commission
information provided to the person or body by another.
30
2
Information provided to a person or body by Her Majesty’s Commissioners
of Customs and Excise in reliance on a provision of this Act may not be

Gambling Bill
Schedule 7 — Relevant Offences
Part 1 — The Offences
164

provided by that person or body to any other person or body without the
consent of the Commissioners.
Schedule 7
Section 123

Relevant Offences
Part 1
5
The Offences
Gambling offences
1
An offence under—
(a)
this Act,
(b)
the Betting, Gaming and Lotteries Act 1963 (c. 2),
10
(c)
the Gaming Act 1968 (c. 65),
(d)
the Lotteries and Amusements Act 1976 (c. 32),
(e)
the National Lottery etc. Act 1993 (c. 39), or
(f)
the National Lottery Act 1998 (c. 22).
Theft, &c.
15
2
An offence under any of the following provisions of the Theft Act 1968
(c. 60)—
(a)
section 1 (theft),
(b)
section 8 (robbery),
(c)
section 9 (burglary),
20
(d)
section 10 (aggravated burglary),
(e)
section 11 (theft from exhibition, &c.),
(f)
section 12A (aggravated vehicle-taking),
(g)
section 13 (abstracting electricity),
(h)
section 15 (obtaining property by deception),
25
(i)
section 15A (obtaining money transfer by deception),
(j)
section 16 (obtaining pecuniary advantage by deception),
(k)
section 17 (false accounting),
(l)
section 19 (false statement by director, &c.),
(m)
section 20 (suppression of document, &c.),
30
(n)
section 21 (blackmail),
(o)
section 22 (handling stolen goods),
(p)
section 24A (retaining wrong credit), and
(q)
section 25 (going equipped for stealing, &c.).
3
An offence under section 1 or 2 of the Theft Act 1978 (c. 31) (obtaining
35
services, or evading liability, by deception).
4
An offence under section 170 or 170B of the Customs and Excise
Management Act 1979 (c. 2) (evasion of duty).

Gambling Bill
Schedule 7 — Relevant Offences
Part 1 — The Offences
165

5
An offence under section 58(1) of the Civic Government (Scotland) Act 1982
(c. 45) (convicted thief in possession).
6
Both in England and Wales and in Scotland, the offence at common law of
conspiracy to defraud.
7
In Scotland the offences at common law of—
5
(a)
theft,
(b)
robbery,
(c)
theft by housebreaking,
(d)
fraud,
(e)
extortion, and
10
(f)
reset.
Miscellaneous
8
A sexual offence within the meaning of section 161(2) of the Powers of
Criminal Courts (Sentencing) Act 2000 (c. 6).
9
A violent offence within the meaning of section 161(3) of that Act.
15
10
An offence under—
(a)
the Firearms Act 1968 (c. 27), or
(b)
the Firearms (Amendment) Act 1988 (c. 45).
11
An offence under any of the following provisions of the Misuse of Drugs Act
1971 (c. 38)—
20
(a)
section 4(2) (production),
(b)
section 4(3) (supply),
(c)
section 5(3) (possession with intent to supply), and
(d)
section 8 (permitting activity on premises).
12
An offence under the Forgery and Counterfeiting Act 1981 (c. 45), except for
25
sections 18 and 19 (reproduction and imitation notes and coins).
13
An offence under section 3 of the Private Security Industry Act 2001 (c. 12)
(unlicensed activity).
14
An offence under section 70 of the Army Act 1955 (c. 18) in so far as it relates
to an offence listed elsewhere in this Schedule.
30
15
An offence under section 70 of the Air Force Act 1955 (c. 19) in so far as it
relates to an offence listed elsewhere in this Schedule.
16
An offence under section 42 of the Naval Discipline Act 1957 (c. 53) in so far
as it relates to an offence listed elsewhere in this Schedule.
17
An offence under section 52 or 52A of the Civic Government (Scotland) Act
35
1982 (offences relating to indecent photographs of children).
18
An offence under any of the following provisions of the Criminal Law
(Consolidation) (Scotland) Act 1995 (c. 39)—
(a)
section 1 (incest),
(b)
section 2 (intercourse with a stepchild),
40
(c)
section 3 (intercourse with child under 16 by person in position of
trust),

Gambling Bill
Schedule 8 — Gambling Appeals Tribunal
166

(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
5
(h)
section 13(5) (homosexual offences).
19
In Scotland, the offences at common law of—
(a)
rape,
(b)
clandestine injury to women,
(c)
abduction of a woman or girl with intent to rape or ravish,
10
(d)
assault with intent to rape or ravish,
(e)
indecent assault,
(f)
lewd, indecent or libidinous behaviour or practices,
(g)
shameless indecency,
(h)
sodomy,
15
(i)
murder,
(j)
culpable homicide, and
(k)
assault.
20
In Scotland, the offence at common law of uttering and fraud.
21
An inchoate offence relating to an offence listed elsewhere in this Schedule.
20
22
A reference in this Part of this Schedule to an offence under an Act or a
provision of an Act includes a reference to an offence under subordinate
legislation made under that Act or provision.
Part 2
Power to Amend Part 1
25
23
The Secretary of State may by order amend Part 1 of this Schedule so as to—
(a)
add an entry,
(b)
vary an entry, or
(c)
remove an entry.
Schedule 8
30
Section 137

Gambling Appeals Tribunal
President, deputy and members
1     (1)
The Lord Chancellor shall appoint—
(a)
a President of the Tribunal, and
(b)
other members of the Tribunal.
35
      (2)
The Lord Chancellor may appoint a member of the Tribunal as its deputy
President; and the deputy President—
(a)
may act for the President when he is unable to act or unavailable, and

Gambling Bill
Schedule 8 — Gambling Appeals Tribunal
167

(b)
shall perform such other functions as the President may delegate or
assign to him.
2
A person may be appointed under paragraph 1 only if—
(a)
he has a seven year general qualification within the meaning of
section 71 of the Courts and Legal Services Act 1990 (c. 41), or
5
(b)
he is an advocate or solicitor in Scotland of at least seven years’
standing.
Tenure
3     (1)
A person appointed under paragraph 1 shall hold and vacate office in
accordance with the terms of his appointment (subject to this paragraph).
10
      (2)
A person appointed under paragraph 1 may resign by notice in writing to
the Lord Chancellor.
      (3)
The Lord Chancellor may dismiss a person appointed under paragraph 1—
(a)
on the grounds that the person is unable or unwilling to perform his
functions, or
15
(b)
on the grounds of misbehaviour.
Staff
4
The Lord Chancellor may appoint staff for the Tribunal.
Money
5
The Lord Chancellor may pay sums to or in respect of a person appointed
20
under paragraph 1 or 4 by way of or in respect of—
(a)
remuneration;
(b)
expenses;
(c)
allowances.
6
The Lord Chancellor may incur expenditure in respect of the Tribunal.
25
7
Sums received by way of fees under section 144 shall be paid into the
Consolidated Fund.
Sittings
8     (1)
The Tribunal—
(a)
shall sit at such times and in such places as the President may direct
30
in accordance with general arrangements made by the Lord
Chancellor, and
(b)
may sit in more than one place at a time.
      (2)
Rules made by the Lord Chancellor under section 143 shall, in particular,
make provision for determining whether a case shall be heard by the
35
Tribunal sitting—
(a)
in England or Wales, or
(b)
in Scotland.
9     (1)
At each sitting the Tribunal may consist of—
(a)
the President,
40

Gambling Bill
Schedule 8 — Gambling Appeals Tribunal
168

(b)
a member, or
(c)
the President sitting with two other members.
      (2)
The constitution of the Tribunal at each sitting shall be determined—
(a)
by the President, and
(b)
in accordance with general arrangements made by the Lord
5
Chancellor.
      (3)
The arrangements may, in particular, include provision—
(a)
for a three-member tribunal to continue with one or two members in
specified circumstances;
(b)
for the President to have a casting vote if sitting with one other
10
member by virtue of paragraph (a).
10
The Lord Chancellor—
(a)
shall consult the President before making arrangements under
paragraph 8(a) or 9(2)(b), and
(b)
shall publish the arrangements.
15
Procedure
11
Decisions of the Tribunal may be taken by majority vote.
12
The President may, subject to rules under section 143, give directions about
the practice and procedure of the Tribunal.
13
Rules made by the Lord Chancellor under section 143 may, in particular,
20
make provision—
(a)
about the manner in which appeals are to be instituted;
(b)
for the President or a member of the Tribunal to determine an
interlocutory or ancillary matter;
(c)
for the President or a member of the Tribunal to give directions—
25
(i)
requiring parties or witnesses to take specified steps in
relation to proceedings, and
(ii)
as to how and when those steps are to be taken,
(d)
about disclosure;
(e)
for joining the Commission to proceedings;
30
(f)
for the suspension by the Tribunal of decisions of the Commission
(whether or not they have already taken effect);
(g)
enabling the Tribunal to require persons to attend proceedings for
the purpose of giving evidence or producing documents;
(h)
enabling the Tribunal to administer oaths to witnesses;
35
(i)
about the admission of members of the public to proceedings;
(j)
about representation of parties;
(k)
about withdrawal of proceedings;
(l)
about the recording and promulgation of decisions;
(m)
about the award of costs or expenses (which may, in particular,
40
include an award against the Commission or another party joined in
accordance with the rules);
(n)
enabling the Tribunal to vary or revoke a decision, on grounds
specified in the rules and within such period as the rules may
specify.
45