Horserace Betting and Olympic Lottery Act 2004

Section 17

SCHEDULE 4 Abolition of the Horserace Betting Levy System: Consequential Amendments

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

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

2 (1) Section 13 (approval of horse-race courses) shall be amended as follows.

(2) In subsections (1) and (2) for “The Levy Board” substitute “The Gaming Board”.

(3) In subsection (1) omit “, and the Board may at any time revoke any such certificate issued by them”.

(4) At the end add—

“(3) The Gaming Board shall grant a certificate of approval requested in respect of any ground if satisfied that the arrangements for the management of the ground are reasonably consistent with pursuit of the objectives of—

(a) preventing betting from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,

(b) ensuring that betting is conducted in a fair and open way, and

(c) protecting children and other vulnerable persons from being harmed or exploited by betting.

(4) In particular, the Gaming Board shall consider whether—

(a) the place mentioned in subsection (2) will be clearly delineated,

(b) the terms on which members of the public are invited to make bets will be clearly displayed, and

(c) satisfactory arrangements will be made—

(i) to control the conduct of persons receiving or negotiating bets on the ground, and

(ii) to address complaints made by members of the public about the conduct of persons receiving or negotiating bets on the ground.

(5) If the Gaming Board would be satisfied in respect of the matters specified in subsections (3) and (4) if the certificate of approval were granted on conditions, the Gaming Board shall—

(a) grant the certificate of approval, and

(b) impose the conditions.

(6) The Gaming Board shall not grant a certificate of approval unless the prescribed fee has been paid for the certificate; and subsections (3) and (5) are subject to this subsection.

(7) The Gaming Board may revoke a certificate of approval if not satisfied that the arrangements for the management of the ground are reasonably consistent with pursuit of the objectives specified in subsection (3)(a) to (c) (having regard, in particular, to the matters specified in subsection (4)).

(8) A certificate of approval shall, unless earlier revoked, expire at the end of the period of three years beginning with the date of issue (but without prejudice to the power to issue a new certificate).

(9) If the Gaming Board refuse a request for a certificate of approval, or revoke a certificate of approval, they shall give their reasons in writing.

(10) In subsection (6) “prescribed” means prescribed by order of the Secretary of State.

(11) An order under subsection (10)—

(a) shall include provision about the timing and manner of payment,

(b) shall provide for fees to be paid into the Consolidated Fund,

(c) may make different provision for different circumstances,

(d) shall be made by statutory instrument, and

(e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

3 In section 55(1) (interpretation)—

(a) in the definition of “approved horse racecourse” for “issued by the Levy Board” substitute “issued by the Gaming Board for Great Britain”, and

(b) omit the entries for—

(i) “Bookmakers' Committee”,

(ii) “the Levy Board”, and

(iii) “levy period”.

4 In Schedule 1 (bookmaker’s permits, betting agency permits and betting office licences)—

(a) paragraph 25A shall cease to have effect, and

(b) paragraph 36 shall cease to have effect.

Parliamentary Commissioner Act 1967 (c. 13)

5 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, &c. subject to investigation) omit—

“Horserace Betting Levy Board.”

Finance Act 1969 (c. 32)

6 Section 59 of the Finance Act 1969 (disclosure of information by Customs and Excise to Levy Board) shall cease to have effect.

House of Commons Disqualification Act 1975 (c. 24)

7 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) omit—

“Member appointed by the Secretary of State of the Horserace Betting Levy Board.”

Race Relations Act 1976 (c. 74)

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

“The Horserace Betting Levy Board.”

Freedom of Information Act 2000 (c. 36)

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

“The Horserace Betting Levy Board.”