Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 1 — Interpretation of Key Concepts
8

(2)
A transaction to which this section applies which is pool betting (within the
meaning of section 12) shall be treated for the purposes of this Act as betting
(and not as gaming).
(3)
Any other transaction to which this section applies shall be treated for the
purposes of this Act as gaming (and not as betting).
5
(4)
This section is subject to regulations under section 6(6).
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Lotteries and gaming
(1)
This section applies to an arrangement which satisfies—
(a)
the definition of a game of chance in section 6, and
(b)
the definition of a lottery in section 14.
10
(2)
An arrangement to which this section applies shall be treated for the purposes
of this Act as a game of chance (and not as a lottery) if a person who pays in
order to join the class amongst whose members prizes are allocated is required
to participate in, or to be successful in, more than three processes before
becoming entitled to a prize.
15
(3)
An arrangement to which this section applies shall, subject to subsection (2), be
treated for the purposes of this Act as a lottery (and not as a game of chance)
if—
(a)
it satisfies paragraph 1(1)(a) and (b) of Schedule 11,
(b)
it satisfies paragraph 9(1)(a) and (b) of Schedule 11,
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(c)
it satisfies paragraph 10(1)(a) and (b) of Schedule 11,
(d)
it satisfies paragraph 11(1)(a) and (b) of Schedule 11,
(e)
it satisfies paragraph 20(1)(a) and (b) of Schedule 11,
(f)
it satisfies paragraph 30(1)(a) and (b) of Schedule 11, or
(g)
it is promoted in reliance on a lottery operating licence.
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(4)
Any other arrangement to which this section applies shall be treated for the
purposes of this Act as a game of chance (and not as a lottery).
(5)
This section is subject to regulations under section 6(6) or 14(7).
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Lotteries and betting
(1)
This section applies to a transaction which satisfies the definition of
30
participating in a lottery in section 14 and also—
(a)
satisfies the definition of pool betting in section 12, or
(b)
satisfies the definition of betting in section 9 by virtue of section 11.
(2)
A transaction to which this section applies shall be treated for the purposes of
this Act as participating in a lottery (and not as betting) if—
35
(a)
it satisfies paragraph 1(1)(a) and (b) of Schedule 11,
(b)
it satisfies paragraph 9(1)(a) and (b) of Schedule 11,
(c)
it satisfies paragraph 10(1)(a) and (b) of Schedule 11,
(d)
it satisfies paragraph 11(1)(a) and (b) of Schedule 11,
(e)
it satisfies paragraph 20(1)(a) and (b) of Schedule 11,
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(f)
it satisfies paragraph 30(1)(a) and (b) of Schedule 11, or
(g)
it is promoted in reliance on a lottery operating licence.

Gambling Bill
Part 2 — The Gambling Commission
9

(3)
Any other transaction to which this section applies shall be treated for the
purposes of this Act as betting (and not as participating in a lottery).
(4)
This section is subject to regulations under section 14(7).
Miscellaneous
19
Non-commercial society
5
(1)
For the purposes of this Act a society is non-commercial if it is established and
conducted—
(a)
for charitable purposes,
(b)
for the purpose of enabling participation in, or of supporting, sport,
athletics or a cultural activity, or
10
(c)
for any other non-commercial purpose other than that of private gain.
(2)
In subsection (1) “charitable purposes” means—
(a)
in relation to England and Wales, purposes which are exclusively
charitable according to the law of England and Wales, and
(b)
in relation to Scotland, purposes which are charitable purposes only
15
(that expression having the same meaning as in the Income Tax Acts).
(3)
The provision of a benefit to one or more individuals is not a provision for the
purpose of private gain for the purposes of this Act if made in the course of the
activities of a society that is a non-commercial society by virtue of subsection
(1)(a) or (b).
20
Part 2
The Gambling Commission
20
Establishment of the Commission
(1)
There shall be a body corporate to be known as the Gambling Commission.
(2)
Schedule 4 (which makes provision about the constitution and proceedings of
25
the Commission) shall have effect.
21
Gaming Board: transfer to Commission
(1)
Section 10 of and Schedule 1 to the Gaming Act 1968 (c. 65) (Gaming Board for
Great Britain) shall cease to have effect.
(2)
The functions, rights and liabilities of the Gaming Board for Great Britain shall
30
on commencement become functions, rights and liabilities of the Gambling
Commission.
(3)
The persons who immediately before commencement are the members of the
Gaming Board for Great Britain shall be treated as if on commencement they
were appointed as commissioners of the Gambling Commission under
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paragraph 1 of Schedule 4 to this Act.
(4)
The person who immediately before commencement is the chairman of the
Gaming Board for Great Britain shall be treated as if on commencement he
were appointed as the chairman of the Gambling Commission under
paragraph 1 of Schedule 4 to this Act.
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Gambling Bill
Part 2 — The Gambling Commission
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(5)
In this section “commencement” means the coming into force of this section.
(6)
Schedule 5 (which makes supplementary provision in relation to the transfer
of functions and property from the Gaming Board to the Gambling
Commission) shall have effect.
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Duty to promote the licensing objectives
5
In exercising its functions under this Act the Commission shall aim—
(a)
to pursue, and wherever appropriate to have regard to, the licensing
objectives, and
(b)
to permit gambling, in so far as the Commission thinks it reasonably
consistent with pursuit of the licensing objectives.
10
23
Policy for licensing and regulation
(1)
The Commission shall prepare a statement setting out the principles to be
applied by it in exercising its functions under this Act.
(2)
The statement under this section shall, in particular, explain how the principles
to be applied are expected to assist the Commission in its pursuit of the
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licensing objectives.
(3)
The Commission shall—
(a)
review the statement from time to time, and
(b)
revise the statement when the Commission thinks it appropriate.
(4)
The Commission shall as soon as is reasonably practicable publish—
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(a)
the statement, and
(b)
any revision.
(5)
Before issuing or revising a statement under this section the Commission shall
consult—
(a)
the Secretary of State,
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(b)
Her Majesty’s Commissioners of Customs and Excise,
(c)
one or more persons who appear to the Commission to represent local
authorities,
(d)
one or more persons who appear to the Commission to represent chief
constables of police forces,
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(e)
one or more persons who appear to the Commission to represent the
interests of persons carrying on gambling businesses,
(f)
one or more persons who appear to the Commission to have
knowledge about social problems relating to gambling, and
(g)
to such extent and in such manner as the Commission thinks
35
appropriate, members of the public.
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Codes of practice
(1)
The Commission shall issue one or more codes of practice about the manner in
which facilities for gambling are provided (whether by the holder of a licence
under this Act or by another person).
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(2)
In particular, a code shall describe arrangements that should be made by a
person providing facilities for gambling for the purposes of—

Gambling Bill
Part 2 — The Gambling Commission
11

(a)
ensuring that gambling is conducted in a fair and open way,
(b)
protecting children and other vulnerable persons from being harmed or
exploited by gambling, and
(c)
making assistance available to persons who are or may be affected by
problems related to gambling.
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(3)
A code may include provision about the advertising of facilities for gambling.
(4)
A code may be revised or revoked by the Commission.
(5)
A code, and any revision, must state when it comes into force.
(6)
The Commission shall publish a code and any revision in a manner which the
Commission thinks likely to bring it to the attention of those whose activities it
10
concerns.
(7)
The Commission may make different provision under this section for different
cases or circumstances (whether or not by way of separate codes of practice).
(8)
A failure to comply with a provision of a code shall not of itself make a person
liable to criminal or civil proceedings; but this subsection is subject to any
15
provision of or by virtue of this Act making an exception to an offence
dependent on compliance with a code.
(9)
But a code—
(a)
shall be admissible in evidence in criminal or civil proceedings,
(b)
shall be taken into account by a court or tribunal in any case in which it
20
appears to the court or tribunal to be relevant, and
(c)
shall be taken into account by the Commission in the exercise of a
function under this Act.
(10)
Before issuing or revising a code under this section the Commission shall
consult—
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(a)
the Secretary of State,
(b)
Her Majesty’s Commissioners of Customs and Excise,
(c)
one or more persons who appear to the Commission to represent the
interests of persons who—
(i)
carry on gambling businesses, and
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(ii)
are likely to be affected by the code or revision,
(d)
one or more persons who appear to the Commission to have
knowledge about social problems relating to gambling, and
(e)
in the case of a code including provision by virtue of subsection (3), one
or more persons who appear to the Commission to have a relevant
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responsibility for regulating the advertising industry.
(11)
Before issuing or revising a code under this section the Commission shall also
consult, if and to the extent that the Commission thinks appropriate having
regard to the nature of the code or revision—
(a)
one or more persons who appear to the Commission to represent local
40
authorities,
(b)
one or more persons who appear to the Commission to represent chief
constables of police forces,
(c)
one or more persons who appear to the Commission to represent the
interests of persons carrying on gambling businesses (apart from those
45
consulted under subsection (10)(c)), and

Gambling Bill
Part 2 — The Gambling Commission
12

(d)
in such manner as the Commission thinks appropriate, members of the
public.
25
Guidance to local authorities
(1)
The Commission shall from time to time issue guidance as to—
(a)
the manner in which local authorities are to exercise their functions
5
under this Act, and
(b)
in particular, the principles to be applied by local authorities in
exercising functions under this Act.
(2)
A local authority shall have regard to guidance issued under subsection (1).
(3)
The Commission shall publish guidance issued under subsection (1).
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(4)
Before issuing guidance under subsection (1) the Commission shall consult—
(a)
the Secretary of State,
(b)
Her Majesty’s Commissioners of Customs and Excise,
(c)
the Scottish Ministers,
(d)
one or more persons who appear to the Commission to represent local
15
authorities,
(e)
one or more persons who appear to the Commission to represent the
interests of persons carrying on gambling businesses, and
(f)
one or more persons who appear to the Commission to have
knowledge about social problems relating to gambling.
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(5)
Before issuing guidance under subsection (1) the Commission shall also
consult, if and to the extent that the Commission thinks appropriate having
regard to the nature of the guidance—
(a)
one or more persons who appear to the Commission to represent chief
constables of police forces, and
25
(b)
in such manner as the Commission thinks appropriate, members of the
public.
(6)
In this section “local authority” means—
(a)
in relation to England—
(i)
a district council,
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(ii)
a county council for a county in which there are no district
councils,
(iii)
a London borough council,
(iv)
the Common Council of the City of London, and
(v)
the Council of the Isles of Scilly,
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(b)
in relation to Wales—
(i)
a county council, and
(ii)
a county borough council, and
(c)
in relation to Scotland, a licensing board constituted under section 1 of
the Licensing (Scotland) Act 1976 (c. 66).
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Duty to advise Secretary of State
(1)
The Commission shall give advice to the Secretary of State about—
(a)
the incidence of gambling,
(b)
the manner in which gambling is carried on,

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Part 2 — The Gambling Commission
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(c)
the effects of gambling, and
(d)
the regulation of gambling.
(2)
Advice under this section shall be given—
(a)
in response to a request from the Secretary of State, and
(b)
on such other occasions as the Commission thinks appropriate.
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(3)
The Commission shall send a copy of any advice under this section to the
Scottish Ministers.
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Investigation and prosecution of offences
(1)
The Commission—
(a)
may investigate whether an offence has been committed under this Act,
10
and
(b)
may institute criminal proceedings in respect of an offence under this
Act.
(2)
The power in subsection (1)(a) may be exercised whether in response to
information received by the Commission or otherwise.
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(3)
Subsection (1)(b) shall not apply in relation to the institution of proceedings in
Scotland.
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Licensing authority information
(1)
The Commission may require a licensing authority to provide information
that—
20
(a)
forms part of a register maintained by the authority under this Act, or
(b)
is in the possession of the authority in connection with a provision of
this Act.
(2)
A requirement under subsection (1) may include a requirement for information
to be—
25
(a)
compiled or collated in a specified manner;
(b)
provided in a specified form.
(3)
A licensing authority shall comply with a requirement under this section.
29
Other exchange of information
(1)
The Commission may provide information received by it in the exercise of its
30
functions to any of the persons or bodies listed in Schedule 6—
(a)
for use in the exercise of the person’s or body’s functions, or
(b)
for the purpose of a function of the Commission.
(2)
Any of the persons or bodies listed in Schedule 6 may provide to the
Commission, for use in the exercise of its functions, information received by
35
the person or body in the exercise of his or its functions.
(3)
Provision of information in reliance on this section may be subject to conditions
(whether as to use, storage, disposal or otherwise).