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Horserace Betting and Olympic Lottery Act 2004

Section 17 and Schedule 4: Consequential amendments

61.Section 17 introduces Schedule 4 which makes a number of consequential amendments to the 1963 Act. Under subsection (1)(b) of section 17 the Levy Board cannot be abolished until these amendments have been brought into force. The most significant amendment substitutes the Gaming Board for the Levy Board in respect of certification of race courses under section 13 of the 1963 Act. Subsection (3) of section 17 contains transitional provisions for existing certificates of approval, which if not revoked by the Gaming Board will expire three years after the new arrangements come into effect.

62.The key features of new section 13, as amended by paragraph 2 of Schedule 4 are as follows:

  • a new subsection (3) to section 13 is to be inserted to place the Gaming Board under a duty to be satisfied in respect of a number of matters, which relate to the protection of the betting public attending racecourses, before granting certificates of approval to race courses;

  • under new subsection (4) the Gaming Board must in particular consider whether the area designated in subsection (2) will be clearly delineated, whether betting rules will be clearly displayed and whether satisfactory conduct controls and complaint procedures will be in place;

  • new subsection (5) provides that the Gaming Board should grant the certificate of approval with conditions;

  • new subsection (6) provides that a certificate will not be granted unless a fee, prescribed by the Secretary of State under subsections (10) and (11) has been paid for it;

  • under subsection (7) the Gaming Board may revoke the certificate if not satisfied that the objectives set out in subsections (3) and (4) are being met;

  • new subsection (8) provides that a certificate of approval will expire at the end of a period of three years beginning with the date of issue; and

  • subsection (9) requires the Gaming Board to give reasons in writing for the revocation of a certificate.

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