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Horserace Betting and Olympic Lottery Act 2004

Status:

This is the original version (as it was originally enacted).

Section 13

SCHEDULE 2Sale of the Tote: Consequential Amendments

This schedule has no associated Explanatory Notes

Betting, Gaming and Lotteries Act 1963 (c. 2)

1The Betting, Gaming and Lotteries Act 1963 shall be amended as follows.

2In section 1 (restriction on using premises for betting)—

(a)in subsection (1)(a) for “section 4(1)” substitute “section 4(2), (3) or (5)”, and

(b)in subsection (5)(a) omit “but no other races”.

3In section 3 (authorisation of agents)—

(a)in subsection (1) omit—

(i)“or to the Totalisator Board”,

(ii)“or, as the case may be, by the said Board”, and

(iii)“or by the said Board”,

(b)in subsection (2) omit—

(i)“or to the said Board”, and

(ii)“or, as the case may be, the Board”, and

(c)in subsection (3) omit—

(i)“The said Board and”, and

(ii)“by that Board or, as the case may be,”.

4In section 5(3) (restriction of betting on tracks) omit—

(a)“by the Totalisator Board or, with the authority of that Board, by the persons having the management of that racecourse”, and

(b)“by that Board or, as the case may be, by those persons”.

5In section 6(1) (restriction of bookmaking on tracks) omit “only”.

6In section 9 (betting office licences and betting agency permits)—

(a)in subsection (1) omit the words from “Provided that” to the end,

(b)subsection (2)(b) shall cease to have effect, and

(c)in subsection (2)(c)(i) omit—

(i)“or by the Totalisator Board”, and

(ii)“or, as the case may be, with or through that Board”.

7In section 11(1) (bookmaker’s permit and betting agency permit: cancellation and disqualification) after “, 4(1)” insert “, 4A(1)”.

8Section 12 (which establishes the Horserace Totalisator Board) shall cease to have effect.

9Section 14 (Tote’s monopoly in relation to pool betting) shall cease to have effect.

10Section 15 (Tote’s additional powers and duties) shall cease to have effect.

11In section 16(1) (totalisators on licensed tracks) for “4(1)(b)” substitute “4(5)”.

12(1)Section 24 (Horserace Betting Levy Board) shall be amended as follows.

(2)In subsection (1) for “the Totalisator Board” substitute “, while the exclusive licence under section 8 of the Horserace Betting and Olympic Lottery Act 2004 (sale of the Tote) has effect, the successor company nominated for the purposes of section 2 of that Act”.

(3)In subsection (2)—

(a)for “seven other members” substitute “six other members”, and

(b)omit subsection (2)(e).

(4)In subsection (4)—

(a)for “, the Bookmakers' Committee and the Totalisator Board respectively” substitute “or the Bookmakers' Committee”, and

(b)for “subsection (2)(b), (d) or (e)” substitute “subsection (2)(b) or (d)”.

13In section 30 (contributions by Totalisator Board)—

(a)in each place (including in the heading) before “Totalisator Board” insert “successor company to the”, and

(b)after subsection (1) insert—

(1A)Subsection (1) does not apply to any contribution which the successor company to the Totalisator Board is liable to make—

(a)in respect of a time when the exclusive licence does not have effect, and

(b)as a bookmaker.

14In section 31 (accounts and reports)—

(a)in subsection (1)—

(i)for “and the Totalisator Board shall each” substitute “shall”,

(ii)for “proper statements” substitute “a proper statement”,

(iii)omit “of each of the Boards”, and

(iv)omit “in question”, and

(b)for subsection (2) substitute—

(2)As soon as reasonably practicable after its accounts for a levy period have been audited, the Levy Board shall submit to the Secretary of State a report of its proceedings during that period which shall include the statement of account and the auditor’s report for that period; and the Secretary of State shall lay before Parliament a copy of each report received by him under this subsection.

15In section 52(1) (penalties) after “4,” insert “4A,”.

16In section 55(1) (interpretation)—

(a)in the definition of “bookmaker” omit—

(i)“other than the Totalisator Board”, and

(ii)for “sponsored pool betting business” substitute “pool betting business on an approved racecourse in accordance with a point-to-point exemption notice”,

(b)after the definition of “game of chance” and “gaming” insert—

“the Gaming Board” means the Gaming Board for Great Britain;,

(c)after the definition of “player” insert—

“point-to-point exemption notice” has the meaning given by section 4(3)(b) of this Act;,

(d)omit the definition of “recognised horse race”,

(e)in the definition of “registered pool promoter” for “section 4(2)” substitute “section 4A(3)”, and

(f)omit the definitions of—

(i)“sponsored pool betting”, and

(ii)“the Totalisator Board”.

17In paragraph 19(a)(i) of Schedule 1 (permits) omit “in the case of an applicant other than the Totalisator Board,”.

Gaming Act 1968 (c. 65)

18In paragraph 6 of Schedule 1 to the Gaming Act 1968 (Gaming Board: remuneration of staff, &c.) after “(including the inspectors appointed under section 43 of this Act” insert “and the supervising accountant and technical adviser appointed under Schedule 1A to the Betting, Gaming and Lotteries Act 1963 (c. 2) and anyone acting under the authority of the supervising accountant or technical adviser)”.

Horserace Betting Levy Act 1969 (c. 14)

19In section 5 of the Horserace Betting Levy Act 1969 (annual contribution by Totalisator Board)—

(a)in each place in subsection (1) (and the heading) before “Totalisator Board” insert “successor company to the”,

(b)in subsection (1) for ‘object’ substitute ‘objects’, and

(c)after subsection (1) insert—

(1A)Subsection (1) does not apply to any contribution which the successor company to the Totalisator Board is liable to make—

(a)in respect of a time when the exclusive licence does not have effect, and

(b)as a bookmaker.

Race Relations Act 1976 (c. 74)

20In Part II of Schedule 1A to the Race Relations Act 1976 (persons subject to statutory duty) omit—

The Horserace Totalisator Board.

National Lottery etc. Act 1993 (c. 39)

21Section 17 of the National Lottery etc. Act 1993 (extension of powers of Tote) shall cease to have effect.

Freedom of Information Act 2000 (c. 36)

22In Part VI of Schedule 1 to the Freedom of Information Act 2000 (public authorities) omit—

The Horserace Totalisator Board.

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