Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Schedule 16 — Minor and Consequential Amendments
Part 2 — Consequential Amendments
211

Libraries Offences Act 1898 (c. 53)
2
Section 2(3) of the Libraries Offences Act 1898 (offence of annoying library
users) shall cease to have effect.
Chronically Sick and Disabled Persons Act 1970 (c. 44)
3
Section 8B(2)(c) of the Chronically Sick and Disabled Persons Act 1970
5
(report by Secretary of State on access to betting offices) shall cease to have
effect.
Part 2
Consequential Amendments
Parliamentary Commissioner Act 1967 (c. 13)
10
4
In Schedule 2 to the Parliamentary Commissioner Act 1967 (bodies subject
to investigation) for “Gaming Board for Great Britain.” substitute “Gambling
Commission.”
Superannuation Act 1972 (c. 11)
5
In Schedule 1 to the Superannuation Act 1972 (employment to which
15
superannuation schemes may extend) for “Gaming Board for Great Britain.”
substitute “Gambling Commission.”
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
6
In section 20(9) of the Local Government (Miscellaneous Provisions) Act
1976 (sanitation) for the definition of “betting office” substitute—
20
““betting office” means premises, other than a track within the
meaning of the Gambling Act 2005, in respect of which a
betting premises licence under Part 8 of that Act has effect;”.
Race Relations Act 1976 (c. 74)
7
In Schedule 1A to the Race Relations Act 1976 (bodies subject to general
25
statutory duty) for “Gaming Board for Great Britain” substitute “Gambling
Commission”.
London Local Authorities Act 1995 (c. x)
8
In section 14 of the London Local Authorities Act 1995 (interpretation of
licensing provisions) for the provision excluding premises licensed under
30
Part II of the Gaming Act 1968 substitute: “does not include premises in
respect of which a casino premises licence, bingo premises licence, adult
gaming centre premises licence, family entertainment centre premises
licence or betting premises licence under Part 8, or a family entertainment
centre gaming permit under section 237, of the Gambling Act 2005 has
35
effect;”.
Employment Rights Act 1996 (c. 18)
9
For section 233 of the Employment Rights Act 1996 (betting workers)

Gambling Bill
Schedule 16 — Minor and Consequential Amendments
Part 2 — Consequential Amendments
212

substitute—
“233
Betting workers
(1)
In this Act “betting worker” means an employee who under his
contract of employment is or may be required to do betting work.
(2)
In this Act “betting work” means—
5
(a)
work which consists of or includes dealing with betting
transactions at a track in England or Wales and which is
carried out for a person who holds a general betting
operating licence, a pool betting operating licence or a horse-
race pool betting operating licence, and
10
(b)
work on premises in respect of which a betting premises
licence has effect at a time when the premises are used for
betting transactions.
(3)
In subsection (2) “betting transactions” includes the collection or
payment of winnings.
15
(4)
Expressions used in this section and in the Gambling Act 2005 have
the same meaning in this section as in that Act.
(5)
In this Act—
“notice period”, in relation to an opted-out betting worker, has
the meaning given by section 41(3),
20
“opted-out”, in relation to a betting worker, shall be construed
in accordance with section 41(1) and (2),
“opting-in notice”, in relation to a betting worker, has the
meaning given by section 36(6),
“opting-out notice”, in relation to a betting worker, has the
25
meaning given by section 40(2), and
“protected”, in relation to a betting worker, shall be construed
in accordance with section 36(1) to (5).”
Police Act 1997 (c. 50)
10
In section 115 of the Police Act 1997 (enhanced criminal record certificates)
30
for subsection (5)(a) to (c) substitute—
“(a)
a process under the Gambling Act 2005”.
Terrorism Act 2000 (c. 11)
11
In paragraph 4 of Schedule 3A to the Terrorism Act 2000 (regulated sector
and supervisory authorities) for “Gaming Board for Great Britain” substitute
35
“Gambling Commission”.
Regulation of Investigatory Powers Act 2000 (c. 23)
12
In paragraph 20A of Schedule 1 to the Regulation of Investigatory Powers
Act 2000 (relevant public authorities) for “Gaming Board for Great Britain”
substitute “Gambling Commission”.
40

Gambling Bill
Schedule 16 — Minor and Consequential Amendments
Part 2 — Consequential Amendments
213

Postal Services Act 2000 (c. 26)
13
In section 7 of the Postal Services Act 2000 (exceptions to the restrictions on
provision of postal services) for the definition of “authorised promoter”
substitute—
““authorised promoter” means—
5
(a)
the holder of a pool betting operating licence under Part 5 of the
Gambling Act 2005,
(b)
a person authorised under section 91(3) of that Act to do
anything on behalf of the holder of a pool betting operating
licence, and
10
(c)
an associate, within the meaning of section 184 of the Consumer
Credit Act 1974 (c. 39), of a person within paragraph (a) or (b),”.
Freedom of Information Act 2000 (c. 36)
14
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities to which the Act applies) for “Gaming Board of Great Britain”
15
substitute “Gambling Commission”.
Criminal Justice and Police Act 2001 (c. 16)
15    (1)
In Schedule 1 of the Criminal Justice and Police Act 2001 (seizure powers to
which extending provision of section 50 applies)—
(a)
paragraphs 6, 11 and 20 cease to have effect,
20
(b)
at the end of Part 1 (renumbering the entry for the Licensing Act 2003
as paragraph 73E) add—
“Gambling Act 2005

73F    The powers conferred by section 305 of the Gambling Act 2005
(inspection powers).”,
25
(c)
paragraphs 89, 93 and 97 cease to have effect, and
(d)
at the end of Part 3 (renumbering the entry for the Licensing Act 2003
as paragraph 111) add—
“Gambling Act 2005

112    The powers conferred by section 305 of the Gambling Act 2005
30
(inspection powers).”
      (2)
For the purposes of the amendments made by this paragraph, the powers in
section 305(1)(d), (e) and (f) are powers of seizure.
Proceeds of Crime Act 2002 (c. 29)
16
In Part 2 of Schedule 9 to the Proceeds of Crime Act 2002 (supervisory
35
authorities) in paragraph 4(g) for “Gaming Board for Great Britain”
substitute “Gambling Commission”.
Note
17
The amendments made by this Schedule are without prejudice to the
generality of paragraph 4 of Schedule 5.
40

Gambling Bill
Schedule 17 — Repeals
214

Schedule 17
Section 343

Repeals

Enactment
Repeal

Gaming Act 1710 (c. 19)
The whole Act.

Gaming Act 1738 (c. 28)
The whole Act.

5

Gaming Act 1835 (c. 41)
The whole Act.

Metropolitan Police Act 1839
The words “, or knowingly suffer any unlawful

(c. 47)
games or any gaming whatsoever therein,”’.

Gaming Act 1845 (c. 109)
The whole Act.

Gaming Act 1892 (c. 9)
The whole Act.

10

Libraries Offences Act 1898
Section 2(3).

(c. 53)

Betting, Gaming and Lotteries
The whole Act.

Act 1963 (c. 2)

Police Act 1964 (c. 48)
In Schedule 9, the entry for the Betting, Gaming

15

and Lotteries Act 1963.

Local Government Act 1966 (c.
In Schedule 3, paragraph 23.

42)

Theft Act 1968 (c. 60)
In Schedule 2, the entry for the Gaming Act

1845.

20

Gaming Act 1968 (c. 65)
The whole Act.

Decimal Currency Act 1969 (c.
In Schedule 2, paragraph 17.

19)

Family Law Reform Act 1969 (c.
In Schedule 1, the entry for the Betting, Gaming

46)
and Lotteries Act 1963.

25

Chronically Sick and Disabled
Section 8B(2)(c).

Persons Act 1970 (c. 44)

Courts Act 1971 (c. 23)
In Schedule 6, paragraph 6.

In Schedule 9—

     (a)     the entry for the Betting, Gaming and

30

Lotteries Act 1963, and

     (b)     the entry for the Gaming Act 1968.

Local Government Act 1972 (c.
In Schedule 29, paragraph 13.

70)

Gaming (Amendment) Act 1973
The whole Act.

35

(c. 12)

Lotteries Act 1975 (c. 58)
The whole Act.

Lotteries and Amusements Act
The whole Act.

1976 (c. 32)

Criminal Law Act 1977 (c. 45)
In Schedule 1, paragraph 17.

40

In Schedule 6, the entry for the Gaming Act

1968.

In Schedule 12, the entry for the Gaming Act

1968.

Gambling Bill
Schedule 17 — Repeals
215

Enactment
Repeal

Gaming (Amendment) Act 1980
The whole Act.

(c. 8)

Local Government, Planning
In Schedule 8, the entry for the Lotteries and

and Land Act 1980 (c. 65)
Amusements Act 1976.

5

Supreme Court Act 1981 (c. 54)
In section 28(2)(b), the references to the Betting,

Gaming and Lotteries Act 1963 and the

Gaming Act 1968.

Betting and Gaming Duties Act
Sections 9 to 9B.

1981 (c. 63)

10

Gaming (Amendment) Act 1982
The whole Act.

(c. 22)

Criminal Justice Act 1982 (c. 48)
In Schedule 3, the entry for the Betting, Gaming

and Lotteries Act 1963.

Lotteries (Amendment) Act
The whole Act.

15

1984 (c. 9)

Betting, Gaming and Lotteries
The whole Act.

(Amendment) Act 1984 (c. 25)

Police and Criminal Evidence
In Schedule 6, paragraph 12.

Act 1984 (c. 60)

20

Companies Consolidation
In Schedule 3, the entry for the Betting, Gaming

(Consequential Provisions)
and Lotteries Act 1963.

Act 1985 (c. 9)

Betting, Gaming and Lotteries
The whole Act.

(Amendment) Act 1985 (c. 18)

25

Gaming (Bingo) Act 1985 (c. 35)
The whole Act.

Local Government Act 1985 (c.
In Schedule 8, paragraph 6.

51)

Social Security Act 1985 (c. 53)
Section 25.

Gaming (Amendment) Act 1986
The whole Act.

30

(c. 11)

Gaming (Amendment) Act 1987
The whole Act.

(c. 11)

Companies Act 1989 (c. 40)
In Schedule 10, paragraph 25.

Gaming (Amendment) Act 1990
The whole Act.

35

(c. 26)

Bingo Act 1992 (c. 10)
The whole Act.

Finance Act 1993 (c. 34)
Section 37.

National Lottery etc. Act 1993
Section 2.

(c. 39)
Section 18(1) to (4).

40

Section 45.

Section 46(3).

Sections 47 to 59.

In Schedule 1, paragraphs 1 and 2.

Schedules 7 to 9.

45

Gambling Bill
Schedule 18 — Transitional
Part 1 — Transitional Continuation of Old Licences, &c.
216

Enactment
Repeal

Local Government (Wales) Act
In Schedule 16, paragraph 50.

1994 (c. 19)

Coal Industry Act 1994 (c. 21)
Section 68(2)(d)(iv).

In Schedule 9, paragraph 12.

5

Deregulation and Contracting
Section 20.

Out Act 1994 (c. 40)

Civil Evidence Act 1995 (c. 38)
In Schedule 1, paragraph 4.

Employment Rights Act 1996 (c.
In Schedule 1, paragraph 9.

18)

10

Access to Justice Act 1999 (c. 22)
In Schedule 13, paragraphs 32 to 35.

Financial Services and Markets
In section 412(1)—

Act 2000 (c. 8)
(a)
in paragraph (a), the words “section 18

of the Gaming Act 1845, section 1 of the

Gaming Act 1892 or”, and

15

(b)
paragraph (b).

Criminal Justice and Police Act
Section 63(2)(d).

2001 (c. 16)
In Schedule 1, paragraphs 6, 11, 20, 89, 93 and

97.

Licensing Act 2003 (c. 17)
In Schedule 6, paragraphs 29 to 31, 48 to 52 and

20

62 to 66.

Courts Act 2003 (c. 39)
In Schedule 8, paragraphs 113 to 115 and 132.

Criminal Justice Act 2003 (c. 44)
In Schedule 25, paragraph 54.

Note

The repeal of section 2 of the National Lottery etc. Act 1993 shall not extend
25
to Northern Ireland.
Schedule 18
Section 345

Transitional
Part 1
Transitional Continuation of Old Licences, &c.
30
Introduction
1     (1)
In this Part a reference to a commencement order is a reference to an order
under section 345(1).
      (2)
This Part is without prejudice to the generality of section 342(1)(c).
Transitional continuation of licences, &c.
35
2
A commencement order may—

Gambling Bill
Schedule 18 — Transitional
Part 2 — Advance and Interim Applications, and Conversion
217

(a)
provide for a licence or other document issued under an enactment
repealed by this Act to have such effect as the order may specify after
the commencement of the repeal until a time specified by or
determined in accordance with the order;
(b)
provide for the application of this Act, with any specified
5
modifications, in relation to a licence or document to which
paragraph (a) applies;
(c)
disapply, or modify the application of, a provision of this Act in
relation to specified things done in reliance on a licence or document
to which paragraph (a) applies.
10
Transitional protection for casinos below minimum licensable size
3
A commencement order may—
(a)
disapply section 169(1) in respect of premises that are in use, or could
lawfully be used, for the operation of a casino (within the meaning of
section 7(1) to (3)) when Part 8 of this Act comes into force;
15
(b)
provide for the application of this Act, with any specified
modifications, in relation to premises of that kind;
(c)
disapply, or modify the application of, a provision of this Act in
relation to specified things done on or in relation to premises of that
kind.
20
References to procedures under this Act
4
A commencement order may include provision for a reference in this Act or
in another enactment to anything done under or by virtue of this Act to be
taken, for such transitional purposes as may be specified, as including a
reference to a thing done under or by virtue of an enactment repealed by this
25
Act.
Part 2
Advance and Interim Applications, and Conversion
Advance applications
5
In this Schedule a reference to an advance application for a licence or permit
30
is a reference to an application made in advance of the commencement of the
offence or other provision of this Act in connection with which the licence or
permit is required.
6
The Secretary of State may by order—
(a)
make provision about the making, consideration or determination of
35
an advance application for a licence or permit;
(b)
make provision about the effect of a licence or permit issued in
response to an advance application;
(c)
require the person to whom an advance application for a licence or
permit under this Act is made to determine the application within a
40
specified period;
(d)
make provision for an advance application for a licence or permit
under this Act to be treated as granted (for such purposes, with such
effect and for such period as the order may specify) if not determined
in accordance with a requirement imposed under paragraph (c).
45