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F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss.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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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F2 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss.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 [F6 and betting exchange providers].

(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)]

[F9 (d) one member appointed by the Association of British Bookmakers and the Remote Gambling Association, acting jointly.]

F10 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (2A) If the Association of British Bookmakers and the Remote Gambling Association fail to appoint a member under subsection (2)(d) within a reasonable time, the appointment may be made by the chairman of the Levy Board.]

(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 [F12 subsection (2)(b)] of this section may be removed from the Board at any time by the body by whom he was appointed.

[F13 (3A) Any person appointed to be a member of the Board under subsection (2)(d) may be removed from the Board at any time by the Association of British Bookmakers and the Remote Gambling Association, acting jointly.]

(4) The Jockey Club, [F12 (incorporating the National Hunt Committee)] F14 ... 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 [F15 subsection (2)(b) F16 ...] F16 ... 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.

[F17 (4A) The Association of British Bookmakers and the Remote Gambling Association, acting jointly, may from time to time appoint a person to act in the place of such a person appointed to be a member of the Levy Board as is mentioned in subsection (2)(d) 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.

[F18 (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 (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 2(2) (with reg. 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)(d) substituted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 2(3) (with reg. 2)

F10 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

F11 S. 24(2A) inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 2(4) (with reg. 2)

F12 Words substituted by Horserace Betting Levy Act 1969 (c. 14), s. 6(3)(4)

F13 S. 24(3A) inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 2(5) (with reg. 2)

F14 Words in s. 24(4) omitted (25.4.2017) by virtue of The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 2(6)(a) (with reg. 2)

F15 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

F16 Words in s. 24(4) omitted (25.4.2017) by virtue of The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 2(6)(b) (with reg. 2)

F17 S. 24(4A) inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 2(7) (with reg. 2)

F18 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;

[F19 (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 [F20 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

F19 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

F20 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)

F21 26 Bookmakers’ Committee. E+W+S

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Textual Amendments

F21 S. 26 omitted (25.4.2017) by virtue of The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 3 (with reg. 2)

27 [F22 The levy] E+W+S

[F1 (1) The contributions such as are mentioned in section 24(1) of this Act to be made by bookmakers [F23 and betting exchange providers] shall be paid by way of a levy in respect of each levy period in accordance with [F24 this section].

[F25 (1A) The levy is charged at the rate of 10% of the amount by which a person’s profits for a levy period exceed the exempt amount (see section 27D).

(1B) The person’s profits for a levy period are the sum of—

(a) the person’s profits as a bookmaker on leviable bets for the period (see section 27A), and

(b) the commission charged by the person as a betting exchange provider on leviable bets during the period (see section 27C).

(1C) The persons by whom the levy is payable include those bookmakers and betting exchange providers who are required to hold remote operating licences.

(1D) In subsection (1C) “remote operating licence” has the same meaning as in the Gambling Act 2005 (see section 67 of that Act).]

F26 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F22 S. 27 heading substituted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 4(5) (with reg. 2)

F23 Words in s. 27(1) inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 4(2)(a) (with reg. 2)

F24 Words in s. 27(1) substituted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 4(2)(b) (with reg. 2)

F25 S. 27(1A)-(1D) inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 4(3) (with reg. 2)

F26 S. 27(2)-(4) omitted (25.4.2017) by virtue of The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 4(4) (with reg. 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

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

[F27 27A. Profits as a bookmaker E+W+S

A bookmaker’s profits on leviable bets for a levy period are—

where—

• SM is the aggregate of the stake money falling due to the bookmaker in the levy period on leviable bets;

• OA is aggregate of any other amounts accruing to the bookmaker in the levy period in connection with leviable bets;

• W is the aggregate of any winnings paid by the bookmaker in the levy period in respect of leviable bets (irrespective of when the bets were made or determined).

Textual Amendments

F27 Ss. 27A-27E inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 5 (with reg. 2)

27B. Stake money E+W+S

(1) For the purposes of section 27A the stake money on a leviable bet is the aggregate of the amounts which fall due in respect of the bet.

(2) If the stake money falls due to a person other than the bookmaker with whom the bet is made, it is to be treated as falling due to the bookmaker.

(3) Where the bet is not a spread bet and the sum which the person who makes the bet will lose if unsuccessful is known when the bet is made, that sum is to be treated as falling due when the bet is made (irrespective of when it is actually paid or required to be paid).

(4) Where the person who makes the bet does so in pursuance of an offer which waives all or part of the amount which the person would have been required to pay to make the bet, the person is to be treated as being due to pay that amount—

(a) to the bookmaker with whom the bet is made, and

(b) at the time when the bet is made.

(5) But subsection (4) does not apply to the extent that—

(a) the amount in question was won on a leviable bet made in pursuance of a previous offer which waived all or part of the amount which the person would have been required to pay to make the bet, and

(b) the person was not entitled to use the amount otherwise than for the purpose of making a further leviable bet.

(6) In this section “spread bet” means a bet that constitutes a contract the making or accepting of which is a regulated activity within the meaning of section 22 of the Financial Services and Markets Act 2000.

Textual Amendments

F27 Ss. 27A-27E inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 5 (with reg. 2)

27C. Betting exchange commission E+W+S

(1) This section applies where one person makes a leviable bet with another person using facilities provided in the course of a business by a third person (“the betting exchange provider”).

(2) Any amount that any party to the bet is charged, whether by deduction from winnings or otherwise, for using those facilities is commission on the bet for the purposes of section 27(1B)(b).

(3) If the amount is charged by a person other than the betting exchange provider, it is to be treated for those purposes as charged by the betting exchange provider.

Textual Amendments

F27 Ss. 27A-27E inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 5 (with reg. 2)

27D. The exempt amount E+W+S

(1) This section applies for the purpose of calculating the exempt amount for a levy period.

(2) Subsections (3) and (4) apply in relation to—

(a) a person who, at any time in the levy period, is a parent undertaking of one or more other undertakings, and

(b) those other undertakings.

(3) The undertakings are entitled to a single exempt amount of £500,000 between them for the levy period.

(4) The undertakings—

(a) may allocate the exempt amount between them as they think fit, and

(b) must notify the Levy Board in writing of any such allocation, and of any alterations to the allocation.

(5) In any other case, a person’s exempt amount for the levy period is £500,000.

(6) In this section “undertaking” and “parent undertaking” have the meanings given by the Companies Act 2006 (see sections 1161 and 1162 of that Act).

Textual Amendments

F27 Ss. 27A-27E inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 5 (with reg. 2)

27E. Power to obtain information E+W+S

(1) The Levy Board may by notice in writing require any person who appears to them to be liable to pay the levy under section 27 to provide them with information reasonably required by them for the purpose of assessing the person’s liability under that section.

(2) The information must be provided in such manner and form, and within such reasonable period, as may be specified in the notice.

(3) Failure to comply with a requirement under this section does not affect a person’s liability under section 27.]

Textual Amendments

F27 Ss. 27A-27E inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 5 (with reg. 2)

28 Assessment of F28 ... levy. E+W+S

[F1 (1)–(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

[F30 (4A) As soon as practicable after the end of a levy period, the Levy Board must serve an assessment notice on every person they have assessed as liable to pay the levy under section 27 for that period.

(4B) The assessment notice must state—

(a) the amount that the Levy Board have assessed that the person is liable to pay,

(b) the basis on which that amount has been calculated, and

(c) when and how the amount must be paid.]

(5) An assessment notice [F31 served on any person by the Levy Board] 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, F32 ... but which—

(a) shall not reduce the assessment F33 ... 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 F34 ... shall be final.

(7) Any amount assessed as payable by any [F35 person] by way of the levy in respect of any levy period shall [F36 (except to the extent of any payments on account)] become due twenty-eight days after notice of the assessment has been served on the [F35 person] 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 [F37 person] of his liability by way of the levy in respect of any levy period [F38 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 [F39 person] 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 [F39 person] is a company, at the company’s registered office.

F40 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F28 Words in s. 28 heading omitted (25.4.2017) by virtue of The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 6(9) (with reg. 2)

F29 S. 28(1)–(4) repealed with saving by Horserace Betting Levy Act 1969 (c. 14), ss. 2(1), 7(4)

F30 S. 28(4A)(4B) inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 6(2) (with reg. 2)

F31 Words in s. 28(5) substituted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 6(3) (with reg. 2)

F32 Words in s. 28(6) omitted (25.4.2017) by virtue of The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 6(4)(a) (with reg. 2)

F33 Words in s. 28(6)(a) omitted (25.4.2017) by virtue of The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 6(4)(b) (with reg. 2)

F34 Words in s. 28(6) omitted (25.4.2017) by virtue of The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 6(4)(c) (with reg. 2)

F35 Word in s. 28(7) substituted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 6(5) (with reg. 2)

F36 Words inserted by Horserace Betting Levy Act 1981 (c. 30, SIF 12:1), s. 4(6), Sch. para. 1(a)

F37 Word in s. 28(8) substituted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 6(6) (with reg. 2)

F38 Words inserted by Horserace Betting Levy Act 1981 (c. 30, SIF 12:1), s. 4(6), Sch. para 1(b)

F39 Word in s. 28(9) substituted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 6(7) (with reg. 2)

F40 S. 28(10) omitted (25.4.2017) by virtue of The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 6(8) (with reg. 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

[F41 28A. Prohibition on disclosure of information E+W+S

(1) This section applies where a relevant officer discloses to any other person in such a manner as to identify a person—

(a) any declaration by, or assessment on, the person for the purposes of the levy under section 27, or

(b) any other information concerning the person obtained under section 27E or 28.

(2) The relevant officer commits an offence unless the disclosure is made—

(a) for the purposes of section 28 or of a report of any proceedings before an appeal tribunal under that section, or

(b) for the purposes of, or of a report of—

(i) proceedings for the recovery from the person of any amount due under section 28 by way of the levy, or

(ii) any criminal proceedings.

(3) A person guilty of an offence under this section is liable to a fine not exceeding level 4 on the standard scale.

(4) In this section—

• “appeal tribunal” means a tribunal established in pursuance of section 29, and

• “relevant officer” means a member, officer or servant of—

  (a)

  the Levy Board, or

  (b)

  an appeal tribunal.]

Textual Amendments

F41 S. 28A inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 7 (with reg. 2)

29 Levy appeal tribunals. E+W+S

[F1 (1) There shall be established for the purposes of section 28 of this Act [F42 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 [F43 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

[F44 [F45 (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 [F46 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 [F47 , but subject, in the case of the chairman, to subsection (2A) of this section].

[F48 (2A) The chairman of any such tribunal shall vacate his office on the day on which he attains the age of [F49 75].]

(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 [F50 person], the Levy Board shall pay to that [F50 person] such amount as the tribunal may specify towards expenses appearing to the tribunal to have been reasonably incurred by the [F50 person] in connection with the appeal.

(7) If any such tribunal, in dismissing any appeal by a [F51 person], or on the abandonment of any appeal after the tribunal has taken some action towards its determination, thinks it just that the [F51 person] 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 [F51 person] as a debt due to them the amount specified in the certificate.]

Textual Amendments

F42 Words inserted by Horserace Betting Levy Act 1981 (c.30, SIF 12:1), s. 4(6), Sch. para. 2(a)

F43 Words inserted by Horserace Betting Levy Act 1981 (c.30, SIF 12:1), s. 4(6), Sch. para. 2(b)

F44 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

F45 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)

F46 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)

F47 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.

F48 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

F49 Word in s. 29(2A) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 9 (with Sch. 1 para. 43)

F50 Word in s. 29(6) substituted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 8(2) (with reg. 2)

F51 Word in s. 29(7) substituted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 8(3) (with reg. 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

[F52 29A. Meaning of “leviable bet” E+W+S

(1) In this Part “leviable bet” means a bet that—

(a) relates to horse racing in Great Britain, and

(b) is made (whether in person or remotely) by a person who is in Great Britain when the bet is made.

(2) The following are not “horse racing” for the purposes of subsection (1)(a)—

(a) point to point racing;

(b) harness racing;

(c) trotting events.

Textual Amendments

F52 Ss. 29A, 29B inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 9 (with reg. 2)

29B. Meaning of other terms E+W+S

In this Part—

• “bet” does not include any bet made or stake hazarded in the course of, or incidentally to, any gaming;

• “betting exchange provider” has the meaning given by section 27C(1);

• “bookmaker” means a person who carries on the business of—

  (a)

  receiving or negotiating bets, or

  (b)

  conducting pool betting operations;

  and in paragraph (b), “pool betting” has the same meaning as in the Gambling Act 2005 (see section 12 of that Act);

• “levy period” means the period—

  (a)

  beginning with the day after that on which the Horserace Betting Levy Regulations 2017 come into force and ending with 31 March 2018, and

  (b)

  each subsequent period of 12 months beginning with 1 April;

• “winnings” means winnings of any kind, and references to the payment of and deduction from winnings are to be read accordingly.]

Textual Amendments

F52 Ss. 29A, 29B inserted (25.4.2017) by The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 9 (with reg. 2)

F54 30 Contributions by [F53 successor company to the] Totalisator Board. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53 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

F54 S. 30 omitted (25.4.2017) by virtue of The Horserace Betting Levy Regulations 2017 (S.I. 2017/589), reg. 1(2), Sch. para. 10 (with reg. 2)

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

[F55 (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

F55 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)

C10 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)

C11 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II E+W+S Gaming

F1 32—39.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56 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)

F56 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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)