05111.9-12

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

(  9  )

Clause 178
58
Page 81, line 8, at end insert “; and “prescribed” means prescribed”
Clause 180
59
Page 82, line 19, at end insert—

“(a)
the prescribed fee, and

(b)
either—

(i)
”
60
Page 82, line 37, at end insert—

“(9)
In subsection (3)(a) “prescribed” means—

(a)
in relation to notification given to authorities in England and Wales,

prescribed by regulations made by the Secretary of State, and

(b)
in relation to notifications given to authorities in Scotland,

prescribed by regulations made by the Scottish Ministers.”
Clause 196
61
Page 91, line 19, at end insert “or remove or amend an exclusion”
Clause 201
62
Page 93, line 22, leave out “petty sessions” and insert “local justice”
63
Page 93, line 24, leave out “justices’ chief executive,” and insert “designated

officer,”
Clause 205
64
Page 94, line 35, at end insert—

“(1A)
A premises licence in relation to a vessel may include a condition imposed

by virtue of section 167 about the location of the vessel.”
Clause 206
65
Page 95, line 32, leave out “in each financial year”
66
Page 95, line 36, at end insert—

“(2A)
For the purposes of subsection (2)(d) a licensing authority shall compare

income and costs in such manner, at such times and by reference to such

periods as the authority, having regard to any guidance issued by the

Secretary of State, think appropriate.”
Clause 207
67
Page 96, line 16, after “means” insert “(except where the contrary is provided)”
68
Page 96, line 16, leave out “(except in sections 157, 162, 163, 178 and 184)”
Clause 215
69
Page 99, line 23, leave out “21” and insert “14”

(  10  )

Clause 218
70
Page 101, line 1, leave out “and”
71
Page 101, line 2, at end insert “, and

“(c)
be given as soon as is reasonably practicable.”
72
Page 101, line 4, after “shall” insert “as soon as is reasonably practicable”
Clause 219
73
Page 101, line 17, after “shall” insert “as soon as is reasonably practicable”
Clause 220
74
Page 101, line 30, leave out “petty sessions” and insert “local justice”
75
Page 101, line 32, leave out “justices’ chief executive,” and insert “designated

officer,”
76
Page 101, line 33, leave out “21” and insert “14”
77
Page 101, line 35, at end insert—

“(3A)
A person who was entitled to receive a copy of the temporary use notice

under section 213 must determine whether to appeal, and institute any

appeal, as soon as is reasonably practicable.”
Clause 221
78
Page 102, line 22, leave out “21” and insert “14”
79
Page 102, line 29, leave out “21” and insert “14”
Clause 222
80
Page 103, line 11, leave out “two months” and insert “six weeks”
Clause 229
81
Page 106, line 20, after “communication” insert “(other than a computer)”
82
Page 106, line 21, leave out “may” and insert “can”
83
Page 106, line 24, after “on” insert “future”
84
Page 106, leave out lines 27 to 29 and insert “provided that the results of the

lottery—

(i)
are not determined by the machine, and

(ii)
are not announced by being displayed or communicated by

the machine without there being an interval, between each

entry to the lottery and the announcement, of at least such

duration as the Secretary of State shall prescribe by order,”
85
Page 106, line 34, after “83(2)(b)” insert—

“(ea)
a machine is not a gaming machine if—

(i)
it is designed or adapted for the playing of bingo by way of

prize gaming, and

(  11  )

(ii)
it is used in accordance with a condition attached to a

gaming machine general operating licence under section 73

or 75 by virtue of section 83(2)(b),

(eb)
a machine is not a gaming machine if—

(i)
it is designed or adapted for the playing of bingo by way of

prize gaming,

(ii)
it is made available for use in reliance on a family

entertainment centre gaming machine permit or a prize

gaming permit, and

(iii)
any requirements prescribed for the purposes of this

paragraph in a code of practice under section 24, as to the

specification of the machine or the circumstances in which it

is made available for use, are complied with,”
86
Page 106, line 34, leave out “and”
87
Page 106, line 41, leave out subsection (3) and insert “, and

(g)
a machine is not a gaming machine by reason only of the fact that it

is designed or adapted to enable individuals to play a real game of

chance, if—

(i)
its design or adaptation is such that it does not require to be

controlled or operated by a person employed or concerned

in arranging for others to play the game,

(ii)
it is not designed or adapted for use in connection with a

game the arrangements for which are controlled or operated

by an individual, and

(iii)
it is used in accordance with a condition attached to a casino

operating licence under section 73 or 75 by virtue of section

83(2)(b).”
88
Page 107, line 8, at end insert—

“(aa)
a reference to a machine being designed or adapted for a purpose

includes—

(i)
a reference to a computer being able to be used for that

purpose (subject to subsection (2)), and

(ii)
a reference to any other machine to which anything has

been done as a result of which it can reasonably be expected

to be used for that purpose (subject to subsection (2)),”
89
Page 107, line 19, leave out ““dual-use” computer” and insert ““dual-use

computer””
Clause 230
90
Page 108, line 2, at end insert—

“(ca)
the nature of the gambling for which the machine can be used;”
Clause 237
91
Page 109, line 24, leave out “238” and insert “242”
92
Page 111, line 2, leave out “233” and insert “237”

(  12  )

Clause 258
93
Leave out Clause 258
Clause 260
94
Page 117, line 3, leave out subsection (2) and insert—

“(2)
But this Part does not apply in relation to a lottery if—

(a)
no person in Great Britain does anything by virtue of which he

becomes a participant in the lottery, and

(b)
no person in Great Britain possesses tickets for the lottery with a

view to selling or supplying them to a person in Great Britain who

thereby becomes a participant in the lottery.

(3)
It is a defence for a person charged with an offence under section 252or 253

to show that he reasonably believed that this Part did not and would not

apply to the lottery, by reason of subsection (2) above.”
Clause 273
95
Page 123, line 21, after “premises” insert “(other than a vehicle)”
96
Page 123, line 29, at end insert—

“(2)
In those sections a reference to a licensing authority includes a reference to

the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the

Middle Temple.”
Clause 279
97
Page 126, line 26, leave out “petty sessions” and insert “local justice”
98
Page 126, line 28, leave out “justices’ chief executive,” and insert “designated

officer,”
Clause 280
99
Page 127, line 19, leave out subsection (3)
Clause 283
100
Page 128, line 6, at end insert “or”
101
Page 128, line 7, leave out “staked” and insert “paid for”
102
Page 128, line 7, leave out second “or”
103
Page 128, line 8, leave out paragraph (c)
Clause 288
104
Page 129, line 20, at end insert “; and different limits may be prescribed in respect

of different classes or descriptions of fee).”
105
Page 129, line 29, leave out first “the” and insert “a”