Textual Amendments
F1Sch. 5ZA inserted (7.1.1996) by S.I. 1995/3231, art. 5(6), Sch.1
Modifications etc. (not altering text)
C1Sch. 5ZA: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
8(1)A licensing authority, in the case of each inter-track betting scheme in respect of which they grant a licence under this Schedule—E+W+S
(a)shall appoint an appropriate qualified accountant to carry out in relation to the scheme the functions under this Schedule of a scheme accountant; and
(b)may appoint an appropriate person to carry out in relation to the scheme the functions under this Schedule of a scheme technical adviser.
(2)A licensing authority shall, before appointing a person to carry out in relation to an inter-track betting scheme the functions under this Schedule of a scheme technical adviser, consult with the person appointed by them to carry out in relation to the scheme the functions under this Schedule of a scheme accountant.
(3)A person appointed under sub-paragraph (1) of this paragraph shall hold office on such terms (including terms as to remuneration) as may be determined by the appointing authority after consultation with the relevant licensee.
(4)The remuneration of a person appointed under sub-paragraph (1) of this paragraph shall be payable by the appointing authority, but they may recover any sum which they pay by way of such remuneration as a debt due to them from the relevant licensee.
(5)In sub-paragraph (1) of this paragraph, “appropriate”means—
(a)independent of the relevant licensee; and
(b)appearing to the appointing authority to have suitable knowledge and experience.
(6)In this paragraph—
(a)“remuneration” includes expenses; and
(b)references to the relevant licensee, in relation to an appointment under sub-paragraph (1) of this paragraph, are to the person who holds the licence under this Schedule in respect of the scheme for which the appointment is made.
9(1)A scheme accountant for an inter-track betting scheme shall be responsible for scrutinising the operation of the scheme and, in particular, shall—E+W+S
(a)examine all information supplied to him under the scheme or this Schedule; and
(b)carry out or cause to be carried out such inspections as he considers necessary, for the purpose of ascertaining whether the terms of the scheme are being complied with.
(2)Where a scheme accountant for an inter-track betting scheme —
(a)has reason to believe that the terms of the scheme are not being complied with; or
(b)becomes aware of any information which is relevant to the functions of the licensing authority,
he shall report the matter to the licensing authority forthwith.
(3)A scheme accountant for an inter-track betting scheme shall make a report to the relevant licensing authority—
(a)as soon as reasonably practicable after each anniversary of the grant of a licence under this Schedule in respect of the scheme; and
(b)as soon as reasonably practicable after receiving notice under paragraph 2(3)(b) of this Schedule.
(4)A report under sub-paragraph (3)(a) of this paragraph shall cover the period since the grant of the licence or, as the case may be, since the end of the period covered by the previous report under that provision relating to the scheme.
(5)A report under sub-paragraph (3)(b) of this paragraph shall cover the period since the end of the period covered by last report under sub-paragraph (3)(a) of this paragraph relating to the scheme.
(6)A report under sub-paragraph (3) of this paragraph shall —
(a)state whether the person making the report—
(i)has reason to believe that the terms of the scheme have not been complied with during the period covered by the report; or
(ii)has become aware during that period of any information which is relevant to the functions of the licensing authority;
and
(b)if, in either case, he has, give particulars.
(7)A scheme accountant for an inter-track betting scheme shall, at any time when there is a scheme technical adviser for the scheme, carry out his functions under sub-paragraphs (1)(b) and (3) of this paragraph in consultation with that person.
(8)A scheme accountant for an inter-track betting scheme and a scheme technical adviser for such a scheme shall give to the relevant licensing authority such information and advice in connection with the authority’s functions under this Schedule as the authority may reasonably require.
(9)In this paragraph, “relevant licensing authority”, in relation to a scheme accountant or scheme technical adviser, means the licensing authority by whom he is appointed.]