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[The page and line references are to HL Bill 19, the bill as first printed for the Lords.] |
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1 | Page 3, line 4, leave out “and” |
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2 | Page 3, line 6, at end insert “, and |
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| “(c) | the nature, adaptation or presentation of the facilities is such that— |
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| (i) | they cannot reasonably be expected to be used for purposes |
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| (ii) | they are intended to be used wholly or mainly for gambling. |
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| (4) | The Secretary of State may by order, for the purposes of subsection (3)(c)— |
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| (a) | provide that facilities of a specified nature, or adapted or presented |
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| in a specified way, cannot reasonably be expected to be used for |
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| purposes other than gambling; |
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| (b) | provide that facilities of a specified nature, or adapted or presented |
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| in a specified way, can reasonably be expected to be used for |
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| purposes other than gambling; |
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| (c) | specify criteria by which it is to be determined whether facilities can |
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| reasonably be expected to be used for purposes other than |
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| (d) | provide that facilities of a specified nature, or adapted or presented |
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| in a specified way, shall be taken as being intended to be used |
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| wholly or mainly for gambling; |
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| (e) | provide that facilities of a specified nature, or adapted or presented |
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| in a specified way, shall be taken as not being intended to be used |
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| wholly or mainly for gambling; |
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| (f) | specify criteria by which it is to be determined whether facilities are |
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| intended to be used wholly or mainly for gambling.” |
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3 | Page 3, line 42, at end insert— |
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| “( ) | In this Act “casino premises” means premises in respect of which a casino |
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| premises licence has been granted under section 148(1)a).” |
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4 | Page 4, line 6, after “of” insert “casino” |
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5 | Page 7, line 3, leave out “the requirement neither” |
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6 | Page 7, line 4, leave out “prevents” and insert “the requirement cannot reasonably |
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7 | Page 7, leave out line 6 and insert “and” |
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8 | Page 7, line 7, leave out “prevents” and insert “the requirement cannot reasonably |
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9 | Page 10, line 27, at end insert “(including, in Scotland, licensing boards),” |
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10 | Page 11, line 41, at end insert “(including, in Scotland, licensing boards),” |
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11 | Page 12, line 34, after “London,” insert— |
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| “(iva) | the Sub-Treasurer of the Inner Temple and the Under- |
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| Treasurer of the Middle Temple,” |
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12 | Insert the following new Clause— |
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| The Commission may undertake activities for the purpose of assessing— |
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| (a) | compliance with provision made by or by virtue of this Act; |
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| (b) | whether an offence is being committed under or by virtue of this |
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13 | Page 13, line 34, after “in” insert “Part 1 or 2 of” |
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14 | Page 13, line 36, at end insert— |
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| “(2A) | The Commission may provide information received by it in the exercise of |
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| its functions to the Comptroller and Auditor General for use in the exercise |
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| of his functions under Part 2 of the National Audit Act 1983 (c. 44). |
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| (2B) | The Commission may provide information received by it in the exercise of |
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| its functions to a person if the provision is for the purpose of— |
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| (a) | a criminal investigation (whether in the United Kingdom or |
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| (b) | criminal proceedings (whether in the United Kingdom or |
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| (2C) | Note 1A to Schedule 6 shall not apply to the provision of information under |
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15 | Page 13, line 38, at end insert— |
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| “(4) | The Commission may charge a fee for the provision of information under |
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| (5) | This section is subject to section (Data protection).” |
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16 | Page 15, line 24, leave out paragraph (a) and insert— |
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| “(a) | to store information relating to a person’s participation in the |
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17 | Page 15, line 29, leave out paragraph (d) and insert— |
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| “(d) | to store information relating to a result.” |
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18 | Page 15, line 30, leave out “a computer” and insert “equipment” |
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19 | Page 18, line 15, at end insert— |
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| “(2A) | A person does not supply or install gambling software for the purposes of |
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| subsection (1) by reason only of the facts that— |
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| (a) | he makes facilities for remote communication or non-remote |
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| communication available to another person, and |
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| (b) | the facilities are used by the other person to supply or install |
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20 | Page 19, line 28, after “Scotland” insert “or Northern Ireland” |
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21 | Page 21, line 24, leave out “invited or” |
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22 | Page 24, line 41, at end insert— |
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| “(3) | Before making an order under subsection (1) the Secretary of State shall |
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| (b) | one or more persons who appear to the Secretary of State to |
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| represent the interests of persons carrying on gambling businesses, |
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| (c) | one or more persons who appear to the Secretary of State to have |
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| knowledge about social problems relating to gambling. |
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| (4) | An order under subsection (1) may apply to a class of Category D gaming |
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| machine determined by reference to— |
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| (a) | the nature of the facilities for gambling which are made available on |
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| (b) | the nature or value of a prize offered by the machine, |
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| (c) | the manner in which the machine operates, or |
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23 | Page 25, line 15, at end insert— |
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| “(2) | Where a person commits an offence under this Part by employing a person |
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| or by being employed, he shall be treated as committing the offence on each |
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| day during any part of which the employment continues.” |
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24 | Insert the following new Clause— |
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| “Use of children in enforcement operations |
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| (1) | Nothing in this Part renders unlawful— |
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| (a) | anything done, in the performance of his functions, by a constable, |
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| an enforcement officer or an authorised person, or |
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| (b) | anything done by a child or young person at the request of a |
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| constable, enforcement officer or authorised person acting in the |
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| performance of his functions. |
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| (2) | Subsection (1) applies to an order under section 58 as to the provisions of |
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25 | Page 26, line 16, after “general” insert “operating” |
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26 | Page 26, line 18, after “general” insert “operating” |
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27 | Page 26, line 24, after “software” insert “operating” |
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28 | Page 35, line 17, leave out “the licensed activities,” and insert “gambling,” |
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29 | Page 35, line 18, after “arrange” insert “, permit” |
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30 | Page 35, line 19, leave out “the licensed activities” and insert “gambling” |
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31 | Page 35, line 20, leave out subsection (3) and insert— |
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| “(3) | But the condition in subsection (2) shall not prevent the licensee from |
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| permitting the installation and use on the premises of a machine enabling |
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| cash to be obtained on credit from a person (the “credit provider”) |
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| (a) | the licensee has no other commercial connection with the credit |
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| provider in relation to gambling, |
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| (b) | the licensee neither makes nor receives any payment or reward |
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| (whether by way of commission, rent or otherwise) in connection |
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| (c) | any conditions about the nature, location or use of the machine |
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| attached by virtue of section 73, 75 or 76 are complied with.” |
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