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Betting, Gaming and Lotteries Act 1963

Status:

This is the original version (as it was originally enacted).

Contributions for benefit of horse racing by bookmakers and Totalisator Board

24Horserace Betting Levy Board

(1)There shall be a Horserace Betting Levy Board (in this Act referred to as " the Levy Board") which shall be charged with the duty of assessing and collecting in accordance with the subsequent provisions of this Part of this Act, and of applying, subject to those provisions, for purposes conducive to any one or more of the following, that is to say—

(a)the improvement of breeds of horses;

(b)the advancement or encouragement of veterinary science or veterinary education;

(c)the improvement of horse racing,

monetary contributions from bookmakers and the Totalisator Board.

(2)The Levy Board shall consist of a chairman and seven other members of whom—

(a)the chairman and two other members shall be appointed by the Secretary of State and be persons who the Secretary of State is satisfied have no interests connected with horse racing which might hinder them from discharging their functions as members of the Board in an impartial manner;

(b)two members shall be appointed by the Jockey Club;

(c)one member shall be appointed by the National Hunt Committee;

(d)one member shall be the chairman for the time being of the Bookmakers' Committee; and

(e)one member shall be the chairman for the time being of the Totalisator Board.

(3)Any person appointed to be a member of the Levy Board under subsection (2)(a) of this section shall hold and vacate office in accordance with the terms of the instrument under which he was appointed ; and any person appointed to be a member of the Board under subsection (2)(b) or (c) of this section may be removed from the Board at any time by the body by whom he was appointed.

(4)The Jockey Club, the National Hunt Committee, the Bookmakers' Committee and the Totalisator Board respectively may from time to time appoint a person to act in the place of such a member of the Levy Board as is mentioned in subsection (2)(b), (c), (d) or (e), as the case may be, of this section at any meeting of the Levy Board at which that member is unable to be present, and while so acting any such person shall be deemed for the purposes of any act or proceeding of the Levy Board to be a member of that Board.

(5)The Levy Board shall be a body corporate and shall have perpetual succession and a common seal.

(6)The Levy Board may pay to the chairman and the two other members appointed by the Secretary of State such remuneration, and to any member of the Board travelling, subsistence or other allowances at such rates, as the Board may with the approval of the Secretary of State determine.

(7)The Levy Board may appoint officers, servants and agents on such terms as to remuneration, pensions or otherwise as the Board may determine.

(8)The Levy Board may regulate their own procedure and make standing orders governing the conduct of their business.

(9)No act or proceeding of the Levy Board shall be questioned on account of any vacancy in the number of the members thereof or on account of the appointment of any member having been defective.

25General powers and duties of Levy Board

(1)The Levy Board shall have power—

(a)with the approval of, and subject to any conditions imposed by, the Secretary of State, to engage in any activity connected with any of the matters specified in section 24(1)(a) to (c) of this Act;

(b)to acquire and hold such land as may be reasonably required for the purposes of any of their functions and to sell or lease any land held by them which is not required for those purposes;

(c)to borrow for the purposes of any of their functions and to give security for any moneys borrowed by them;

(d)to lend or invest money for the purposes of or in connection with any activity in which they have power under paragraph (a) of this subsection to engage ;

(e)to make such other loans or investments as they judge desirable for the proper conduct of their affairs and as, under the enactments for the time being in force, a trustee would be authorised to make out of trust funds;

(f)to do all such things as are incidental to, or conducive to the attainment of the purposes of, any of their functions.

(2)The Levy Board shall apply any moneys from time to time available in their hands—

(a)in providing for the payment of rates, taxes, charges, expenses and other outgoings, including any sums which they are required or authorised to pay by virtue of section 26 or 29 of this Act or section 9 of the Betting Levy Act 1961 ;

(b)in retaining such sums and making provision for such matters as they think proper in connection with any of their functions;

(c)in making such payments as they think fit for charitable purposes;

(d)subject to the foregoing paragraphs of this subsection, in making payments, in accordance with schemes from time to time prepared by the Levy Board and approved with or without modifications by the Secretary of State, for such purposes as are mentioned in section 24 (1) of this Act.

26Bookmakers' Committee

(1)For the purposes of the contributions such as are mentioned in section 24 (1) of this Act to be made by bookmakers, there shall be a committee, which shall be known as the Bookmakers' Committee, constituted in such manner as the Secretary of State may, after consultation with any body appearing to him to be representative of the interests of bookmakers generally, by regulations made by statutory instrument provide.

(2)Provision may be made, and from time to time varied, by a scheme under this subsection for the payment of remuneration to all or any of the members of the Bookmakers' Committee, and for the provision of secretarial and other facilities for that committee ; and such a scheme—

(a)may be made at any time by agreement between the committee and the Levy Board ; or

(b)on any occasion on which proposals for such a scheme are made by the committee or by the Levy Board but the committee and the Board cannot agree thereon, may be made by the three persons for the time being appointed to be members of the Levy Board by the Secretary of State.

(3)The Levy Board shall pay—

(a)any amounts payable by virtue of any scheme under subsection (2) of this section;

(b)any other expenses incurred by the Bookmakers' Committee for the purposes of this Act with the approval, whether general or special, of the Levy Board;

(c)any travelling and other expenses reasonably incurred by any person as a member of the Bookmakers' Committee.

(4)The Bookmakers' Committee may regulate their own procedure and make standing orders governing the conduct of their business.

(5)No act or proceeding of the Bookmakers' Committee shall be questioned on account of any vacancy in the number of the members thereof or on account of the appointment of any person as a member thereof having been defective.

27Bookmakers' levy schemes

(1)The contributions such as are mentioned in section 24 (1) of this Act to be made by bookmakers shall be paid by way of a levy in respect of each levy period in accordance with a scheme having effect for that period under this section ; and in this Act the expression " levy period " means a period of twelve months beginning with 1st April in any year.

(2)Any such scheme shall include provision—

(a)for securing that the levy shall be payable only by a bookmaker who carries on on his own account a business which includes the effecting of betting transactions on horse races, and only in respect of so much of the business of the bookmaker as relates to such betting transactions;

(b)for bookmakers to be divided for the purposes of the levy into different categories ;

(c)for the amount, if any, payable by way of the levy by any particular bookmaker to be determined by reference to the category into which he falls ;

(d)as to the method of the promulgation of the scheme by the Levy Board;

(e)for the submission to the Levy Board by each bookmaker before a specified date of a declaration as to the category into which he falls ;

(f)for the issue by the Levy Board of notices of assessment to, and certificates of exemption from, the levy.

(3)Not later than such date before the beginning of any levy period as the Levy Board may determine, the Bookmakers' Committee shall make recommendations to the Levy Board with respect to the scheme to have effect under this section for that period, and those recommendations shall take the form either of a draft scheme or of a recommendation that the current scheme shall continue to have effect without amendment or with specified amendments.

(4)If the Levy Board approve the recommendations aforesaid, or those recommendations as revised by the Bookmakers' Committee in the light of any observations thereon made to the committee by the Board, the scheme so recommended and approved shall have effect accordingly for the levy period in question.

(5)If the Levy Board do not approve the recommendations or any revised recommendations of the Bookmakers' Committee, or if by the date specified under subsection (3) of this section no recommendations have been received by the Board from the committee, the three persons for the time being appointed to be members of the Board by the Secretary of State shall consider and compare—

(a)the extent of the need for the time being for contributions for such purposes as are specified in section 24(1) of this Act;

(b)the capacity for the time being of bookmakers to make contributions for such purposes; and

(c)the capacity for the time being of the Totalisator Board to make such contributions,

and, in the light of that consideration and comparison, make their own determination as to the scheme to have effect under this section for the levy period in question, which may take the form either of a new scheme or of a direction that the current scheme shall continue to have effect without amendment or with specified amendments; and the scheme so determined shall have effect accordingly for that period.

28Assessment of or exemption from bookmakers' levy

(1)Subject to the provisions of this section, a bookmaker shall be assessed to or exempted from the levy under the scheme having effect for any levy period under section 27 of this Act in accordance with his declaration submitted in accordance with that scheme as to the category into which he falls for the purposes thereof.

(2)If in the case of any bookmaker and any levy period the bookmaker fails to submit such a declaration as aforesaid in accordance with the scheme having effect for that period, the Levy Board shall refer his case to the Bookmakers' Committee for their opinion as to the category into which he falls, and, subject to the provisions of this section, the bookmaker shall be assessed to or exempted from the levy for that period accordingly.

(3)The Bookmakers' Committee may, and if so required by the Levy Board in the case of any particular declaration or class of declarations shall, scrutinise any such declaration as aforesaid ; and if, in the case of any bookmaker whose declaration is scrutinised under this subsection by the committee, the committee are of opinion that he falls into some other category than that stated by him in his declaration, then, unless an assessment notice or certificate of exemption has already been issued to that bookmaker in respect of the levy period in question, he shall be assessed to or exempted from the levy for that period by reference to that other category.

(4)In exercising any of their functions under subsection (2) or (3) of this section, the Bookmakers' Committee may consult such persons, if any, as they think proper.

(5)An assessment notice issued by the Levy Board in the case of any bookmaker for any levy period shall be conclusive as to his liability to the levy for that period; and the amount payable by him by way thereof unless not later than twenty-eight days after the notice is served on him he gives to the Board notice in writing of appeal therefrom.

(6)On receiving any notice of appeal under the last foregoing subsection, the Levy Board shall refer the appeal to an appeal tribunal established in pursuance of section 29 of this Act, which shall have power to confirm, increase or reduce the assessment, or grant the appellant a certificate of exemption from the levy, according to the tribunal's opinion as to the category into which he falls, but which—

(a)shall not reduce the assessment or grant the appellant a certificate of exemption unless the appellant has afforded the tribunal all the facilities it may have required for the investigation of his case;

(b)shall confirm the assessment unless the tribunal is satisfied that, on all the evidence made available to it, the assessment should be varied or rescinded;

and any decision of the tribunal as to the category into which the appellant falls for the purposes of the levy for the levy period in question shall be final.

(7)Any amount assessed as payable by any bookmaker by way of the levy in respect of any levy period shall become due twenty-eight days after notice of the assessment has been served on the bookmaker or, if he appeals therefrom in pursuance of the foregoing provisions of this section, on the determination or abandonment of the appeal, and shall be recoverable by the Levy Board as a debt due to them.

(8)Upon the discharge by a bookmaker of his liability by way of the levy in respect of any levy period, the Levy Board shall issue to him a certificate in writing to the effect that he has done so, and any such certificate shall be conclusive evidence of the facts stated therein.

(9)An assessment notice may be served on any bookmaker either by serving it on him personally or by sending it to him by post at his usual or last-known residence or place of business in the United Kingdom or, if the bookmaker is a company, at the company's registered office.

(10)If, otherwise than with the consent in writing of the bookmaker concerned or—

(a)for the purposes of this section or of a report of any proceedings before an appeal tribunal thereunder; or

(b)for the purposes of, or of a report of—

(i)proceedings for the recovery from that bookmaker of any amount due from him by way of the levy; or

(ii)proceedings relating to that bookmaker before an appropriate authority within the meaning of Schedule 1 to this Act, or before any court on an appeal from any such authority; or

(iii)any criminal proceedings,

any person who is a member, officer or servant of the Levy Board, the Bookmakers' Committee or an appeal tribunal established in pursuance of section 29 of this Act, or who is consulted by the Bookmakers' Committee in pursuance of subsection (4) of this section, discloses to any other person in such a manner as to identify the bookmaker concerned any declaration by or assessment on any bookmaker for the purposes of the levy, or any other information concerning that bookmaker obtained through the exercise of any functions under this section, or any ruling of the Bookmakers' Committee or an appeal tribunal as to the category into which any bookmaker falls, he shall be liable on summary conviction to a fine not exceeding one hundred pounds.

29Levy appeal tribunals

(1)There shall be established for the purposes of section 28 of this Act—

(a)one or more appeal tribunals for England and Wales; and

(b)one or more appeal tribunals for Scotland; and an appeal under section 28 (5) of this Act shall be referred to a tribunal established for Scotland if the appellant is the holder of a bookmaker's permit which was last granted or renewed by an authority in Scotland.

(2)Each such tribunal shall consist of a chairman and two other members of whom—

(a)the chairman, who shall be a barrister, advocate or solicitor of not less than seven years' standing, shall be appointed by the Lord Chancellor or, in the case of a tribunal established for Scotland, by the Lord President of the Court of Session ; and

(b)the other members shall be appointed by the Secretary of State;

and each member of any such tribunal shall hold office in accordance with the terms of the instrument under which he was appointed.

(3)The procedure of any such tribunal shall be such as the Lord Chancellor or, in the case of a tribunal established for Scotland, the Lord President of the Court' of Session may by rules prescribe; and any such rules shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)The Levy Board shall pay to the members of any such tribunal such remuneration as the Board may with the approval of the Secretary of State determine and any travelling and other expenses reasonably incurred by them as members of the tribunal.

(5)The Levy Board shall provide any such tribunal with such secretarial and other facilities as may appear to the Board to be necessary or expedient, and, without prejudice to subsection (7) of this section, shall pay any expenses incurred by the tribunal for the purposes of their functions with the approval, whether general or special, of the Levy Board.

(6)If any such tribunal thinks it just so to direct in allowing any appeal by a bookmaker, the Levy Board shall pay to that bookmaker such amount as the tribunal may specify towards expenses appearing to the tribunal to have been reasonably incurred by the bookmaker in connection with the appeal.

(7)If any such tribunal, in dismissing any appeal by a bookmaker, or on the abandonment of any appeal after the tribunal has taken some action towards its determination, thinks it just that the bookmaker should make a payment towards expenses incurred by the tribunal in connection with the appeal, the tribunal may certify accordingly and the Levy Board shall be entitled to recover from the bookmaker as a debt due to them the amount specified in the certificate.

30Contributions by Totalisator Board

(1)Subject to subsection (2) of this section, the contribution such as is mentioned in section 24 (1) of this Act to be paid by the Totalisator Board in respect of any levy period shall be such as may be determined before the beginning of that period by the Levy Board after consultation with the Totalisator Board.

(2)If in the case of any levy period the Totalisator Board object to the contribution determined by the Levy Board under the foregoing subsection, the contribution payable by the Totalisator Board in respect of that period shall instead be determined by the three persons for the time being appointed as members of the Levy Board by the Secretary of State, who shall make their determination after, and in the light of, the consideration and comparison by them of—

(a)the extent of the need for the time being for contributions for such purposes as are specified in the said section 24 (1);

(b)the capacity for the time being of the Totalisator Board to make contributions for such purposes ; and

(c)the capacity for the time being of bookmakers to make such contributions.

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