05111.1-4

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Gambling Bill
[The page and line references are to HL Bill 19, the bill as first printed for the Lords.]
Clause 5
1
Page 3, line 4, leave out “and”
2
Page 3, line 6, at end insert “, and

“(c)
the nature, adaptation or presentation of the facilities is such that—

(i)
they cannot reasonably be expected to be used for purposes

other than gambling, or

(ii)
they are intended to be used wholly or mainly for gambling.

(4)
The Secretary of State may by order, for the purposes of subsection (3)(c)—

(a)
provide that facilities of a specified nature, or adapted or presented

in a specified way, cannot reasonably be expected to be used for

purposes other than gambling;

(b)
provide that facilities of a specified nature, or adapted or presented

in a specified way, can reasonably be expected to be used for

purposes other than gambling;

(c)
specify criteria by which it is to be determined whether facilities can

reasonably be expected to be used for purposes other than

gambling;

(d)
provide that facilities of a specified nature, or adapted or presented

in a specified way, shall be taken as being intended to be used

wholly or mainly for gambling;

(e)
provide that facilities of a specified nature, or adapted or presented

in a specified way, shall be taken as not being intended to be used

wholly or mainly for gambling;

(f)
specify criteria by which it is to be determined whether facilities are

intended to be used wholly or mainly for gambling.”
Clause 7
3
Page 3, line 42, at end insert—

“( )
In this Act “casino premises” means premises in respect of which a casino

premises licence has been granted under section 148(1)a).”

Bill 111 53/4

(  2  )
4
Page 4, line 6, after “of” insert “casino”
Clause 14
5
Page 7, line 3, leave out “the requirement neither”
6
Page 7, line 4, leave out “prevents” and insert “the requirement cannot reasonably

be expected to prevent”
7
Page 7, leave out line 6 and insert “and”
8
Page 7, line 7, leave out “prevents” and insert “the requirement cannot reasonably

be expected to prevent”
Clause 23
9
Page 10, line 27, at end insert “(including, in Scotland, licensing boards),”
Clause 24
10
Page 11, line 41, at end insert “(including, in Scotland, licensing boards),”
Clause 25
11
Page 12, line 34, after “London,” insert—

“(iva)
the Sub-Treasurer of the Inner Temple and the Under-

Treasurer of the Middle Temple,”
After Clause 26
12
Insert the following new Clause—

“Compliance

The Commission may undertake activities for the purpose of assessing—

(a)
compliance with provision made by or by virtue of this Act;

(b)
whether an offence is being committed under or by virtue of this

Act.”
Clause 29
13
Page 13, line 34, after “in” insert “Part 1 or 2 of”
14
Page 13, line 36, at end insert—

“(2A)
The Commission may provide information received by it in the exercise of

its functions to the Comptroller and Auditor General for use in the exercise

of his functions under Part 2 of the National Audit Act 1983 (c. 44).

(2B)
The Commission may provide information received by it in the exercise of

its functions to a person if the provision is for the purpose of—

(a)
a criminal investigation (whether in the United Kingdom or

elsewhere), or

(b)
criminal proceedings (whether in the United Kingdom or

elsewhere).

(  3  )

(2C)
Note 1A to Schedule 6 shall not apply to the provision of information under

subsection (2A).”
15
Page 13, line 38, at end insert—

“(4)
The Commission may charge a fee for the provision of information under

subsection (1)(a).

(5)
This section is subject to section (Data protection).”
Clause 35
16
Page 15, line 24, leave out paragraph (a) and insert—

“(a)
to store information relating to a person’s participation in the

gambling,”
17
Page 15, line 29, leave out paragraph (d) and insert—

“(d)
to store information relating to a result.”
18
Page 15, line 30, leave out “a computer” and insert “equipment”
Clause 40
19
Page 18, line 15, at end insert—

“(2A)
A person does not supply or install gambling software for the purposes of

subsection (1) by reason only of the facts that—

(a)
he makes facilities for remote communication or non-remote

communication available to another person, and

(b)
the facilities are used by the other person to supply or install

gambling software.”
Clause 42
20
Page 19, line 28, after “Scotland” insert “or Northern Ireland”
Clause 46
21
Page 21, line 24, leave out “invited or”
Clause 58
22
Page 24, line 41, at end insert—

“(3)
Before making an order under subsection (1) the Secretary of State shall

consult—

(a)
the Commission,

(b)
one or more persons who appear to the Secretary of State to

represent the interests of persons carrying on gambling businesses,

and

(c)
one or more persons who appear to the Secretary of State to have

knowledge about social problems relating to gambling.

(4)
An order under subsection (1) may apply to a class of Category D gaming

machine determined by reference to—

(a)
the nature of the facilities for gambling which are made available on

the machine,

(  4  )

(b)
the nature or value of a prize offered by the machine,

(c)
the manner in which the machine operates, or

(d)
any other matter.”
Clause 60
23
Page 25, line 15, at end insert—

“(2)
Where a person commits an offence under this Part by employing a person

or by being employed, he shall be treated as committing the offence on each

day during any part of which the employment continues.”
After Clause 62
24
Insert the following new Clause—

“Use of children in enforcement operations

(1)
Nothing in this Part renders unlawful—

(a)
anything done, in the performance of his functions, by a constable,

an enforcement officer or an authorised person, or

(b)
anything done by a child or young person at the request of a

constable, enforcement officer or authorised person acting in the

performance of his functions.

(2)
Subsection (1) applies to an order under section 58 as to the provisions of

this Part.”
Clause 63
25
Page 26, line 16, after “general” insert “operating”
26
Page 26, line 18, after “general” insert “operating”
27
Page 26, line 24, after “software” insert “operating”
Clause 79
28
Page 35, line 17, leave out “the licensed activities,” and insert “gambling,”
29
Page 35, line 18, after “arrange” insert “, permit”
30
Page 35, line 19, leave out “the licensed activities” and insert “gambling”
31
Page 35, line 20, leave out subsection (3) and insert—

“(3)
But the condition in subsection (2) shall not prevent the licensee from

permitting the installation and use on the premises of a machine enabling

cash to be obtained on credit from a person (the “credit provider”)

provided that—

(a)
the licensee has no other commercial connection with the credit

provider in relation to gambling,

(b)
the licensee neither makes nor receives any payment or reward

(whether by way of commission, rent or otherwise) in connection

with the machine, and

(c)
any conditions about the nature, location or use of the machine

attached by virtue of section 73, 75 or 76 are complied with.”