Betting, Gaming and Lotteries Act 1963

[F1 Part I E+W+S Betting

Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

General restrictions on betting E+W+S

F1 1 Restriction on use of premises for betting transactions with persons resorting thereto. E+W+S

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F1 2 Restriction on bookmaking except under bookmaker’s permit. E+W+S

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F1 3 Agent of bookmaker or Totalisator Board to be authorised and registered. E+W+S

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F1 4 Restriction of pool betting. E+W+S

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F1 5 Restriction of betting on tracks. E+W+S

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F1 6 Restriction of bookmaking on tracks. E+W+S

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7 F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

F1 8 Prohibition of betting in streets and public places. E+W+S

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Licensed betting offices E+W+S

F1 9 Betting office licences and betting agency permits. E+W+S

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F1 10 Conduct of licensed betting offices. E+W+S

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F1 10A Cancellation of betting office licence E+W+S

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Special provisions with respect to bookmaker’s and betting agency permits E+W+S

F2 11 Cancellation of and disqualification for bookmaker’s or betting agency permit. E+W+S

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Textual Amendments

F2 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

The Totalisator Board and pool betting on horse races E+W+S

12 Horserace Totalisator Board. E+W+S

(1) There shall be a Horserace Totalisator Board (in this Act referred to as “the Totalisator Board”) which shall be a body corporate and have perpetual succession and a common seal.

(2) The Totalisator Board shall consist of [F3 a chairman and such number of other members as the Secretary of State may determine, all of whom] shall be appointed by the Secretary of State and hold and vacate office in accordance with the terms of the respective instruments under which they are appointed.

(3) The Totalisator Board may pay to any member of the Board such remuneration, and travelling, subsistence or other allowances at such rates, as the Board may with the approval of the Secretary of State determine:

Provided that the Board shall not by virtue of this subsection have power to pay remuneration to any member of the Board who is for the time being a member of, or nominated as a candidate for election to, the House of Commons.

[F4 (3A) The Board may pay such pension or gratuity to or in respect of any member of the Board as the Board may, with the approval of the Secretary of State, determine.]

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

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

(6) No act or proceeding of the Totalisator 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.

(7) Except where the context otherwise requires, any reference in any Act or other document to the Racecourse Betting Control Board shall be construed as a reference to the Totalisator Board.

Textual Amendments

F3 Words substituted by Horserace Totalisator and Betting Levy Boards Act 1972 (c. 69), s. 2

F4 S. 12(3A) inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 25(1)

Modifications etc. (not altering text)

C1 Ss. 12, 14, 15 saved (1.9.2007) by Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 3(2) and Gambling Act 2005 (Horserace Totalisator Board) Order 2007 (S.I. 2007/2102), arts. 1(1), 2

F1 13 Approval of horse racecourses by Totalisator Board. E+W+S

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14 Functions of Totalisator Board with respect to betting on horse races. E+W+S

[F1 (1) The Totalisator Board [F5 shall have the exclusive right] to do, and to authorise other persons to do, either of the following things, that is to say—

(a) to carry on pool betting business in any form on a recognised horse race; and

(b) by way of business to receive or negotiate bets on a recognised horse race on terms that the winnings or any part thereof shall be calculated or regulated directly or indirectly by reference to the amounts or rates of any payments or distributions in respect of winning bets on that race made by way of sponsored pool betting;

and in giving any authority under this subsection the Board may do so on such terms, including terms as to payments to the Board, as the Board may think fit.

(2) Any infringement of the right conferred on the Totalisator Board by the foregoing subsection shall be actionable at the suit of the Board; and in any action for such an infringement all such relief, by way of damages, injunction, accounts or otherwise, shall be available to the Board as is available to the plaintiff in any corresponding proceedings in respect of infringements of proprietary rights and, notwithstanding anything to the contrary in any enactment or rule of law relating to the jurisdiction of county courts, a county court may, on the application of the Board, grant an injunction restraining an infringement or apprehended infringement of the right aforesaid whether or not any other relief in claimed; and for the purposes of this subsection the right aforesaid is infringed by any person who, without the authority of the Board—

(a) does or authorises any other person to do anything such as is mentioned in subsection (1)(a) or (b) of this section; or

(b) by way of business holds himself out as willing to enter into any pool betting transaction on a recognised horse race, whether by way of sponsored pool betting or otherwise, or to receive or negotiate a bet on a recognised horse race on such terms as are mentioned in the said subsection (1)(b).

In the application of this subsection to Scotland, “suit” means instance, “injunction” means an interdict, “accounts” means count, reckoning and payment, and “plaintiff” means pursuer.

(3) Where bets on a race or combination of races are made by way of sponsored pool betting, the Totalisator Board shall—

(a) cause to be deducted from the aggregate amount staked either—

(i) such percentage of that amount as may be determined from time to time by the Board, either generally or with respect to any particular racecourse; or

(ii) if so determined as aforesaid, such percentage of such part of that amount as may be determined as aforesaid; and

(b) cause the whole of the remainder of that amount to be distributed among the persons making such of those bets as are winning bets.

(4) Where faciltites for sponsored pool betting are being provided on an approved horse racecourse by the persons having the management of that racecourse, any amount deducted by those persons under subsection (3)(a) of this section shall be paid to the Totalisator Board, but the Board may pay to those persons the amount of the expenses shown to the satisfaction of the Board to have been properly incurred by those persons in connection with the provision of those facilities.

(5) Without prejudice to section 12(4) of this Act, the Totalisator Board may remunerate any person, by the payment of commissions or otherwise, in respect of the negotiation, receipt or transmission by that person—

(a) of bets to be made by way of sponsored pool betting; or

(b) of bets such as are mentioned in subsection (1)(b) of this section to be made with the Board or, under the authority of the Board, with the persons having the management of an approved horse racecourse,

and may provide facilities on any such racecourse for persons engaged in receiving bets to be so made.

(6) Nothing in this Act shall be construed as restricting the betting transactions which may be effected by way of sponsored pool betting to betting transactions upon the result of a single race, or upon the results of races run on a particular racecourse or on a particular day, or as preventing the Totalisator Board from giving credit in any betting transaction.]

Textual Amendments

F5 Words substituted by Horserace Totalisator and Betting Levy Boards Act 1972 (c. 69), s. 1(5)

Modifications etc. (not altering text)

C1 Ss. 12, 14, 15 saved (1.9.2007) by Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 3(2) and Gambling Act 2005 (Horserace Totalisator Board) Order 2007 (S.I. 2007/2102), arts. 1(1), 2

C2 S. 14(3) modified in its application to pool betting by means of facilities provided by the Totalisator Board by Horserace Totalisator and Betting Levy Boards Act 1972 (c. 69), s. 1(3)

C3 S. 14(4) amended by Horserace Totalisator and Betting Levy Boards Act 1972 (c. 69), s. 4(1)

C4 S. 14(5) explained by Horserace Totalisator and Betting Levy Boards Act 1972 (c. 69), s. 1(4)

15 Additional powers and duties of Totalisator Board. E+W+S

[F1 (1) The Totalisator Board shall have power—

(a) 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;

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

(c) to make such loans or investments as they judge desirable for the proper conduct of their affairs, being loans or investments either—

(i) such as, under the enactments for the time being in force, a trustee would by authorised to make out of trust funds; or

(ii) approved, or of a description approved, by the Secretary of State;

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

(2) Subject to section 14(3) to (5) of this Act, the Totalisator 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;

(b) in making provision for the payment of any contribution for the time being payable by them under section 30 of this Act;

(c) in making such other provision in connection with any of their functions as they think proper.]

Modifications etc. (not altering text)

C1 Ss. 12, 14, 15 saved (1.9.2007) by Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 3(2) and Gambling Act 2005 (Horserace Totalisator Board) Order 2007 (S.I. 2007/2102), arts. 1(1), 2

Special provisions with respect to licensed tracks E+W+S

F1 16 Totalisators on licensed tracks. E+W+S

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F1 16A Licensing of inter-track betting schemes. E+W+S

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F1 17 Special rights of occupier of licensed track where totalisator is operated. E+W+S

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F1 18 Charges to bookmakers on licensed tracks. E+W+S

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F1 19 Occupiers of licensed tracks not to have an interest in bookmaking thereon. E+W+S

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F1 20 Saving for right of occupier of licensed track to prohibit betting. E+W+S

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Special provisions with respect to young persons E+W+S

F1 21 Betting with young persons. E+W+S

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F1 22 Betting circulars not to be sent to young persons. E+W+S

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Power of entry on tracks E+W+S

F1 23 Power of entry on tracks. E+W+S

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Contributions for benefit of horse racing by bookmakers and Totalisator Board E+W+S

24 Horserace Betting Levy Board. E+W+S

(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 [F6 , 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].

(2) The Levy Board shall consist of a chairman and [F7 six 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;

[F8 (b) three members shall be appointed by the Jockey Club (incorporating the National Hunt Committee)]

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

F9 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F10 subsection (2)(b)] of this section may be removed from the Board at any time by the body by whom he was appointed.

(4) The Jockey Club, [F10 (incorporating the National Hunt Committee)] [F11 or the Bookmakers' Committee] 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 [F12 subsection (2)(b) or (d)], 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.

[F13 (6A) The Levy Board may pay such pension or gratuity as the Board may, with the approval of the Secretary of State, determine, to or in respect of the chairman and any other members appointed by the Secretary of State.]

(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.]

Textual Amendments

F6 Words in s. 24(1) substituted (13.7.2011) by Horserace Betting and Olympic Lottery Act 2004 (c. 25), s. 40, Sch. 2 para. 12(2); S.I. 2011/1704, art. 2

F7 Words in s. 24(2) substituted (13.7.2011) by Horserace Betting and Olympic Lottery Act 2004 (c. 25), s. 40, Sch. 2 para. 12(3)(a); S.I. 2011/1704, art. 2

F8 S. 24(2)(b) substituted for s. 24(2)(b)(c) by Horserace Betting Levy Act 1969 (c. 14), s. 6(2)

F9 S. 24(2)(e) repealed (13.7.2011) by Horserace Betting and Olympic Lottery Act 2004 (c. 25), s. 40, Sch. 2 para. 12(3)(b), Sch. 6; S.I. 2011/1704, art. 2

F10 Words substituted by Horserace Betting Levy Act 1969 (c. 14), s. 6(3)(4)

F11 Words in s. 24(4) substituted (13.7.2011) by Horserace Betting and Olympic Lottery Act 2004 (c. 25), s. 40, Sch. 2 para. 12(4)(a); S.I. 2011/1704, art. 2

F12 Words in s. 24(4) substituted (13.7.2011) by Horserace Betting and Olympic Lottery Act 2004 (c. 25), s. 40, Sch. 2 para. 12(4)(b); S.I. 2011/1704, art. 2

F13 S. 24(6A) inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 25(2)

Modifications etc. (not altering text)

C5 Ss. 24-30 saved (1.9.2007) by Gambling Act 2005 (Horserace Betting Levy) Order 2007 (S.I. 2007/2159), art. 2

25 General powers and duties of Levy Board. E+W+S

[F1 (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;

[F14 (e) to make such other investments as—

(i) they judge desirable for the proper conduct of their affairs, and

(ii) a trustee would be able to make under the general power of investment in section 3 of the Trustee Act 2000 (as restricted by sections 4 and 5 of that Act);]

(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 [F15 any enactment];

(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.]

Textual Amendments

F14 S. 25(1)(e) substituted (1.2.2001) by 2000 c. 29, s. 40, Sch. 2 Pt. II para. 34 (with s. 35); S.I. 2001/49, art. 2

F15 Words substituted by Horserace Betting Levy Act 1969 (c. 14), s. 7(3)

Modifications etc. (not altering text)

C5 Ss. 24-30 saved (1.9.2007) by Gambling Act 2005 (Horserace Betting Levy) Order 2007 (S.I. 2007/2159), art. 2

C6 S. 25(2)(d) amended by Horserace Totalisator and Betting Levy Boards Act 1972 (c. 69), s. 4(2)

26 Bookmakers’ Committee. E+W+S

[F1 (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.]

Modifications etc. (not altering text)

C5 Ss. 24-30 saved (1.9.2007) by Gambling Act 2005 (Horserace Betting Levy) Order 2007 (S.I. 2007/2159), art. 2

27 Bookmakers’ levy schemes. E+W+S

[F1 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]F16

Textual Amendments

F16 Sch. 7 repealed by Lotteries Act 1975 (c. 58), Sch. 5

Modifications etc. (not altering text)

C5 Ss. 24-30 saved (1.9.2007) by Gambling Act 2005 (Horserace Betting Levy) Order 2007 (S.I. 2007/2159), art. 2

C7 S. 27 amended by Horserace Betting Levy Act 1969 (c. 14), s. 1(1)–(8)

28 Assessment of or exemption from bookmakers’ levy. E+W+S

[F1 (1)–(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(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 [F18 (except to the extent of any payments on account)] 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 [F19 in accordance with the notice of assessment issued in his case], 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 [F20 or section 2 of the M1 Horserace Betting Levy Act 1969] 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 [F21 under this section] 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, [F20 or by members of the Levy Board in pursuance of section 2(4) of the said Act of 1969], 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 [F20 or under section 2 of the said Act of 1969], 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 [F22 level 4 on the standard scale].]

Textual Amendments

F17 S. 28(1)–(4) repealed with saving by Horserace Betting Levy Act 1969 (c. 14), ss. 2(1), 7(4)

F18 Words inserted by Horserace Betting Levy Act 1981 (c. 30, SIF 12:1), s. 4(6), Sch. para. 1(a)

F19 Words inserted by Horserace Betting Levy Act 1981 (c. 30, SIF 12:1), s. 4(6), Sch. para 1(b)

F20 Words inserted by Horserace Betting Levy Act 1969 (c. 14), s. 2(5)(a)–(c)

F21 Words inserted by Horserace Betting Levy Act 1981 (c. 30, SIF 12:1), s. 4(6), Sch. para. 1(c)

F22 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39(3), 56(2), Sch. 3, Sch. 6 and expressed to be substituted (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III

Modifications etc. (not altering text)

C5 Ss. 24-30 saved (1.9.2007) by Gambling Act 2005 (Horserace Betting Levy) Order 2007 (S.I. 2007/2159), art. 2

Marginal Citations

M1 1969 c. 14.

29 Levy appeal tribunals. E+W+S

[F1 (1) There shall be established for the purposes of section 28 of this Act [F23 and section 2 of the Horserace Betting Levy Act 1981]—

(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 [F24 or section 2(1) of the said Act of 1981] 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

[F25 [F26 (i) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or]

(ii) an advocate or solicitor in Scotland of at least [F27 5] 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[F28 , but subject, in the case of the chairman, to subsection (2A) of this section].

[F29 (2A) The chairman of any such tribunal shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).]

(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.]

Textual Amendments

F23 Words inserted by Horserace Betting Levy Act 1981 (c.30, SIF 12:1), s. 4(6), Sch. para. 2(a)

F24 Words inserted by Horserace Betting Levy Act 1981 (c.30, SIF 12:1), s. 4(6), Sch. para. 2(b)

F25 Words in s. 29(2)(a) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 16

F26 S. 29(2)(a)(i) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 48(1)(a); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F27 Word in s. 29(2)(a)(ii) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 48(1)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F28 Words in s. 29(2) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.48 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.

F29 S. 29(2A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.48 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

Modifications etc. (not altering text)

C5 Ss. 24-30 saved (1.9.2007) by Gambling Act 2005 (Horserace Betting Levy) Order 2007 (S.I. 2007/2159), art. 2

C8 S. 29 extended by Horserace Betting Levy Act 1969 (c. 14), s. 3(1)

C9 Functions conferred by s. 29(2)(b) transferred (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1

30 Contributions by [F30 successor company to the] Totalisator Board. E+W+S

[F1 (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 [F30 successor company to 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 [F30 successor company to the] Totalisator Board.

[F31 (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.]

F32 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F30 Words in s. 30 inserted (13.7.2011) by Horserace Betting and Olympic Lottery Act 2004 (c. 25), s. 40, Sch. 2 para. 13(a); S.I. 2011/1704, art. 2

F31 S. 30(1A) inserted (13.7.2011) by Horserace Betting and Olympic Lottery Act 2004 (c. 25), s. 40, Sch. 2 para. 13(b); S.I. 2011/1704, art. 2

F32 S. 30(2) repealed with saving by Horserace Betting Levy Act 1969 (c. 14), ss. 5(2), 7(4)

Modifications etc. (not altering text)

C5 Ss. 24-30 saved (1.9.2007) by Gambling Act 2005 (Horserace Betting Levy) Order 2007 (S.I. 2007/2159), art. 2

C10 S. 30(1) amended by Horserace Betting Levy Act 1969 (c. 14), s. 5(1)

Accounts and reports of Levy Board and Totalisator Board E+W+S

31 Accounts of, and reports by, Levy Board and Totalisator Board. E+W+S

[F33 (1) The Levy Board and the Totalisator Board shall each keep proper accounts and proper records in relation to those accounts and prepare proper statements of account in respect of each levy period; and the accounts of each of the Boards for each such period shall be audited by qualified accountants appointed for the purpose by the Board in question for that period.

(2) As soon as the accounts of the Totalisator Board for any levy period have been audited, that Board shall submit a copy of their statements of account and the auditor’s report thereon for that period, together with a report of their proceedings during that period, to the Levy Board; and the Levy Board shall submit to the Secretary of State a report of the proceedings during that period both of the Levy Board and of the Totalisator Board, which shall include the statements of account and the auditor’s report for that period of each of the Boards; and the Secretary of State shall cause a copy of the Levy Board’s report to be laid before each House of Parliament.

(3) The Levy Board shall cause copies of any report submitted by them under the last foregoing subsection to be made and kept available at their offices for inspection by the public without charge during reasonable hours and for supply on demand to any member of the public upon payment of such reasonable charge in respect of each copy as the Board may determine.]

Textual Amendments

F33 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

Modifications etc. (not altering text)

C11 Ss. 24-31 saved (1.9.2007) by Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 3(2)

C12 S. 31(1) modified (15.3.2012) by Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2012 (S.I. 2012/854), arts. 1, 3(1)

Betting workers: Sunday working E+W

F1 31A Rights of betting workers as respects Sunday working. E+W

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Part II E+W+S Gaming

F1 32—39.

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Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

F1 40 References in other Acts to gaming or unlawful games. E+W+S

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Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

Part III E+W+S

41—47.

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Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

Part IV E+W+S

48—50.

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Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

Part V E+W+S General

F1 51 Search warrants. E+W+S

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Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

F1 52 Penalties and forfeitures. E+W+S

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Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

F1 53 Offences by bodies corporate. E+W+S

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Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34 F1 E+W+S

Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

F34 Ss. 41–50,52(1A),54,55(2) repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5

F1 55 Interpretation, etc.—general. E+W+S

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Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

F1 56 Consequential amendments in other Acts. E+W+S

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Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

F1 57 Repeals and savings. E+W+S

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Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

F1 58 Short title, extent and commencement. E+W+S

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Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)