The Gambling Act 2005 (Horserace Betting Levy) Order 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision with respect to the Horserace Betting Levy Board (“the Levy Board”) and the levy payable to the Board under section 27 of the Betting, Gaming and Lotteries Act 1963 (“the bookmakers’ levy”).

Article 2 saves sections 24 to 30 of the Betting, Gaming and Lotteries Act 1963 Act (which relate to the Levy Board and the bookmakers’ levy) notwithstanding the repeal of that Act by the Gambling Act 2005. Article 2 also modifies section 28(10) of the 1963 Act (which restricts the circumstances in which the Levy Board may disclose information identifying bookmakers) so that it does not apply to information provided to the Gambling Commission for use in the exercise of its functions.

Article 3 modifies sections 116 to 120 of the Gambling Act 2005 to require the Gambling Commission to carry out a review of an operating licence under section 116(2)(c) if notified by the Levy Board of the matters referred to in sub-paragraphs (a) and (b) of article 3(2) (which relate to non-payment of the bookmakers’ levy). It also requires the Gambling Commission to exercise its powers under section 119 to revoke the licence if it is satisfied that those matters are in fact the case and it receives written confirmation from the Levy Board that they want the operating licence to be revoked. Before reaching a decision on the matters referred to in sub-paragraphs (a) and (b) of article 3(2) the Gambling Commission must provide the holder of the operating licence with an opportunity to make representations on those matters.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.