F6Part I Betting
Contributions for benefit of horse racing by bookmakers and Totalisator Board
C329C1 Levy appeal tribunals.
F61
There shall be established for the purposes of section 28 of this Act F1and 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 F2or 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
ii
an advocate or solicitor in Scotland of at least F85 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
C2b
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 F4, but subject, in the case of the chairman, to subsection (2A) of this section.
F52A
The chairman of any such tribunal shall vacate his office on the day on which he attains the age of F1175.
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.
C24
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
7
If any such tribunal, in dismissing any appeal by a F10person, or on the abandonment of any appeal after the tribunal has taken some action towards its determination, thinks it just that the F10person 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 F10person as a debt due to them the amount specified in the certificate.
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)