Finance Act 1981

Section 9(7).

SCHEDULE 5 Betting and Gaming Duties : Consolidation Amendments

1 (1) At the beginning of sub-paragraph (1) of paragraph 3 of Schedule 2 to the [1972 c. 25.] Betting and Gaming Duties Act 1972 there shall be inserted the words " Subject to sub-paragraph (2A) below ".

(2) For sub-paragraph (2) of that paragraph there shall be substituted—

“(2) Subject to sub-paragraph (2A) below, a gaming licence shall be expressed to take effect—

(a) on the first day of the period for which it is granted, or

(b) on the fourteenth day after the date of the application,

whichever is the later.

(2A) Where a gaming licence would otherwise, by virtue of sub-paragraph (2\b) above, be expressed to take effect on the fourteenth day after the date of the application, it may, if the Commissioners think fit, be expressed to take effect earlier than that day, but in no case earlier than the day following that date.”

2 In paragraph 14 of Schedule 2 and in paragraph 17 of Schedule 4 to that Act for the words from " proves " to " that the offence " there shall be substituted the words " proves that the offence " and the words "the contravention, or as the case may be" shall be omitted.

3 In paragraph 21 of Schedule 3 to that Act for the word " gaming " there shall be substituted the words " betting or gaming ".

4 (1) In paragraph 4(1) of Schedule 4 to that Act for the words " shall, in the case of a new licence," there shall be substituted the words " shall, subject to paragraph 5(1A) below, " and the words following the word " force " shall cease to have effect.

(2) For sub-paragraph (1) of paragraph 5 of that Schedule there shall be substituted—

“(1) Subject to sub-paragraph (1A) below, a licence shall be expressed to take effect—

(a) on the first day of the period for which it is granted, or

(b) on the fourteenth day after the date of the application,

whichever is the later.

(1A) Where a licence would otherwise, by virtue of sub-paragraph (1)(b) above, be expressed to take effect on the fourteenth day after the date of the application it may, if the Commissioners think fit, be expressed to take effect earlier than that day, but in no case earlier than the day following that date.”

5 The maximum penalty which may be imposed on summary conviction in Scotland for an offence under paragraph 15(1)(d) or (c) or 16(1) of Schedule l, paragraph 13(1)(c) or (d) of Schedule 2 or paragraph 17(1) or (2) of Schedule 3 to that Act shall be the same as the maximum penalty which may be imposed on summary conviction in England or Wales for such an offence.

6 Sections 6 and 7(1) of and Schedule 5 and Part I of Schedule 6 to the [1980 c. 48.] Finance Act 1980 shall be construed as one with the [1979 c. 2.] Customs and Excise Management Act 1979.