05111.13-17

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

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Clause 299
106
Page 134, line 12, leave out paragraph (d)
After Clause 299
107
Insert the following new Clause—

“Compliance

A constable, enforcement officer or authorised person 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 300
108
Page 135, line 2, at end insert—

“( )
In the application of this section to Scotland, any reference to a justice of the

peace is to be construed as a reference to the sheriff or a justice of the

peace.”
Clause 311
109
Page 138, line 25, after “taken” insert “in England and Wales”
110
Page 138, line 30, at end insert—

“( )
Subsection (6) does not apply as respects the exercise of a power in relation

to Scotland.”
Clause 312
111
Page 139, line 14, at end insert—

“( )
In the application of this section to Scotland, any reference to a justice of the

peace is to be construed as a reference to the sheriff or a justice of the

peace.”
Clause 322
112
Page 142, line 5, at end insert—

“(7A)
Where a person commits an offence under this section by causing an

advertisement to be displayed or made accessible, he shall be treated as

committing the offence on each day during any part of which the

advertisement is displayed or made accessible.”
113
Page 142, line 10, at end insert—

“(9)
In the application of subsection (7) to Scotland the reference to 51 weeks

shall have effect as a reference to six months.”
Clause 324
114
Page 143, line 16, at end insert—

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“(7A)
Where a person commits an offence under this section by causing an

advertisement to be displayed or made accessible, he shall be treated as

committing the offence on each day during any part of which the

advertisement is displayed or made accessible.”
Clause 325
115
Page 143, line 20, at end insert “other than a lottery.”
116
Page 143, line 25, at end insert—

“(2A)
Subsection (2) shall apply to Gibraltar as it applies to EEA States.”
117
Page 143, line 26, after “country” insert “or place”
118
Page 143, line 32, at end insert—

“(5)
In the application of subsection (4) to Scotland or Northern Ireland the

reference to 51 weeks shall have effect as a reference to six months.”
Clause 331
119
Page 147, line 5, leave out “and”
120
Page 147, line 6, at end insert—


“, and

(g)
section 147.”
Clause 338
121
Page 150, line 24, after “provision” insert “made by or by virtue”
Clause 340
122
Page 151, line 31, leave out “and”
123
Page 151, leave out line 32 and insert—

“(n)
paragraph 10 of Schedule 13, and

(o)
paragraph 20 of Schedule 14.”
Clause 343
124
Page 152, line 25, leave out paragraph (b)
Clause 344
125
Page 153, line 5, leave out “, or the Commission,”
Clause 345
126
Page 153, line 13, leave out “either Part” and insert “Part 1, 2 or 2A”
127
Page 153, line 14, leave out “either Part” and insert “Part 1, 2 or 2A”
128
Page 153, line 19, at end insert—

“(3)
An entry added to a list in Schedule 6 may specify a person or body or a

class or description of persons or bodies.

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(4)
The power to add, remove or vary a Note may be exercised generally or in

relation to a specified person or body or class or description of persons or

bodies.”
After Clause 345
129
Insert the following new Clause—


“Data protection

Nothing in this Act authorises a disclosure which contravenes the Data

Protection Act 1998 (c. 29).”
Clause 346
130
Page 154, line 9, at end insert—

““enactment” includes an enactment comprised in, or in an

instrument made under, an Act of the Scottish Parliament,”
131
Page 154, line 34, at end insert—

““licensed premises gaming machine permit” has the meaning given

by section 278,”
132
Page 155, leave out line 30
133
Page 156, line 12, leave out “and”
134
Page 156, line 13, at end insert—

“(c)
a seaplane, and

(d)
an amphibious vehicle (other than a hovercraft within the meaning

of the Hovercraft Act 1968 (c. 59)),”
135
Page 156, line 15, after “anything” insert “, other than a seaplane or an amphibious

vehicle,”
136
Page 156, line 16, leave out “and” and insert—

“(aa)
a hovercraft (within the meaning of the Hovercraft Act 1968 (c. 59)),

and”
Clause 347
137
Page 157, line 19, at end insert—

“(3)
Section 40(3) of the Fire Precautions Act 1971 (c. 40) (conversion of

reference to fire and rescue authority into reference to Her Majesty’s Fire

Inspectorate in relation to Crown premises) shall apply to a provision of

this Act as it applies to provisions of that Act (but with the substitution for

the reference to section 40(1) of a reference to subsection (1) above).”
Clause 348
138
Page 157, line 43, leave out “and”
139
Page 157, line 44, at end insert “, and

“(j)
section 322.”
140
Page 158, line 1, leave out “the Secretary of State” and insert “a Minister of the

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Crown”
141
Page 158, line 6, leave out “subsection (7)” and insert “subsections (7) and (7A)”
142
Page 158, line 8, leave out “or 345 or” and insert “, to an order under section 345

other than an order adding an entry to the list in Part 2 or 2A of Schedule 6 or to an

order”
143
Page 158, leave out lines 11 to 14 and insert—

“(7A)
Subsection (6) shall not apply to an order under section 351; but—

(a)
an order under section 351(1) which includes provision made by

virtue of section 351(4) or by virtue of Part 1 of Schedule 18 shall be

subject to annulment in pursuance of a resolution of either House

of Parliament, and

(b)
an order under section 351(5) or (6) shall not be made unless a draft

has been laid before and approved by resolution of each House of

Parliament.”
Clause 351
144
Page 159, line 19, at end insert—

“(h)
include transitional provision modifying the application of a

provision of this Act pending the commencement of, or pending the

doing of anything under, a provision of another enactment.”
145
Page 159, line 20, at end insert—

“(4)
Without prejudice to the generality of section 348(1)(c) or of Schedule 18,

an order under this section may—

(a)
make savings (with or without modification) or transitional

provision in connection with Part 1 or 2 of the Horserace Betting

and Olympic Lottery Act 2004 (c. 25) (sale of the Horserace

Totalisator Board (“the Tote”) and abolition of the horserace betting

levy system);

(b)
modify a provision of this Act in its application in relation to a

matter addressed by Part 1 or 2 of that Act or so as to reflect a

provision of Part 1 or 2 of that Act;

(c)
modify a provision of Part 1 or 2 of that Act (including a provision

which amends another enactment) so as to reflect a provision of this

Act.

(5)
If the Secretary of State brings into force a repeal effected by this Act at a

time when the appointed day for the purposes of Part 1 of that Act has not

been appointed or has not arrived, he may by order—

(a)
save, with or without modification, a provision repealed by this Act

in so far as it relates to the Tote;

(b)
make provision in connection with the Tote of a kind similar to

provision made by a provision repealed by this Act;

(c)
modify a provision of this Act for a purpose connected with the

Tote;

(d)
modify a provision of Part 1 of that Act (including a provision

which amends another enactment) so as to reflect a provision of this

Act.

(6)
If the Secretary of State wholly or partly brings into force the repeal by this

Act of the Betting, Gaming and Lotteries Act 1963 (c. 2) at a time when the

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provisions listed in section 15(1)(a) to (c) of the Horserace Betting and

Olympic Lottery Act 2004 (horserace betting levy system) have not been

entirely repealed by order under that section, he may by order—

(a)
save any of those provisions, with or without modification;

(b)
make provision of a kind similar to any of those provisions;

(c)
modify a provision of this Act for a purpose connected with a

matter addressed by any of those provisions or by Part 2 of that Act;

(d)
modify a provision of Part 2 of that Act (including a provision

which amends another enactment) so as to reflect a provision of this

Act.”
After Clause 351
146
Insert the following new Clause—


“ Vessels: territorial limitations

(1)
A person does not commit an offence under Part 3, 4, 10 or 11 of this Act if—

(a)
the conduct which would otherwise constitute the offence takes

place on board a vessel (within the meaning of section 346(1)), and

(b)
the vessel is on a journey which has taken it or is intended to take it

into international waters.

(2)
Subject to subsection (1) a provision of this Act which applies in relation to

a thing done in Great Britain applies to that thing if done on or in the

territorial sea adjacent to Great Britain.

(3)
In this section—

“international waters” means waters outside the territorial sea

adjacent to Great Britain, and

“the territorial sea” has the meaning given by section 1 of the

Territorial Sea Act 1987 (c. 49).”
147
Insert the following new Clause—


“ Aircraft: territorial limitations

(1)
A person does not commit an offence under Part 3, 4, 10 or 11 of this Act if

the conduct which would otherwise constitute the offence takes place—

(a)
on board an aircraft, and

(b)
at a time when the aircraft is in international airspace.”

(2)
In this section “international airspace” means airspace other than airspace

above Great Britain or above the territorial sea adjacent to Great Britain

(within the meaning given by section 1 of the Territorial Sea Act 1987

(c. 49)).”
Schedule 6
148
Page 168, line 12, leave out “authority” and insert “force”
149
Page 168 , line 22, at end insert—

“The Charity Commission

The Financial Services Authority”
150
Page 168, leave out lines 23 and 24