SCHEDULES

SCHEDULE 3 Bingo Duty

Part II Supplementary Provisions

Definitions

8

In this Part of this Schedule—

  • bingo-promotor” means a person who promotes the playing of bingo chargeable with bingo duty;

  • prescribed” means prescribed by regulations;

  • regulations” means regulations of the Commissioners made under this Part of this Schedule.

General administration

9

1

Bingo duty shall be under the care and management of the Commissioners and shall be accounted for by such persons, and accounted for and paid at such times and in such manner, as may be required by or under regulations.

2

Without prejudice to any other provision of this Schedule, regulations may provide for any matter for which provision appears to the Commissioners to be necessary for the administration or enforcement of bingo duty, or for the protection of the revenue in respect of that duty.

Notification to Commissioners by, and registration of, bingo-promoters

10

1

Any person who intends to promote the playing of bingo F1in connection with which bingo duty may be chargeable shall, not less than fourteen days before the first day on which bingo is to be played, notify the Commissioners of his intention, specifying the premises on which the bingo is to be played, and applying to be registered as a bingo-promoter.

F21A

Any person who is a bingo-promoter but is not registered as such and is not a person to whom sub-paragraph (1) above applies shall within five days of the date on which he became a bingo-promoter (disregarding any day which is a Saturday or a Sunday or a Bank Holiday) notify the Commissioners of that fact and of the place where the bingo was and (if he intends to continue to promote the playing of bingo which will or may be chargeable with duty) is to be played and apply to be registered as a bingo-promoter.

2

Where a person F3gives notice to the Commissioners under sub-paragraph (1) or (1A) above, he shall be entitled to be registered by the Commissioners, except that the Commissioners may, where it appears to them to be requisite for the security of the revenue to do so, impose as a condition of a person’s registration, or may subsequently impose as a condition of the continuance in force of his registration, a requirement that he shall give such security (or further security) by way of deposit or otherwise for any bingo duty which he is, or may become, liable to pay as the Commissioners may from time to time require.

F4Conditions shall not be imposed under this sub-paragraph if the premises at which the bingo in question is or is to be played are not licensed under the M2Gaming Act 1968F5or under Chapter II of Part III of the M1Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.

3

Where, in the case of a person who is for the time being registered as a bingo-promoter, the Commissioners exercise their power under sub-paragraph (2) above to impose, as a condition of the continuance in force of his registration, a requirement that he shall give security or further security, and he does not give it, the Commissioners may cancel his registration but without prejudice to his right to apply again to be registered.

Announcement of prizes

11

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Books, records, accounts, etc.

12

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers to enter premises and obtain information

13

1

Any officer may, without paying, enter on any premises where bingo is played or on which he has reasonable cause to suspect that bingo has been or is about to be played, and inspect the premises and anything whatsoever which he finds there; and he may further—

a

require any person concerned with the management of the premises to provide him with information with respect to activities carried on there;

b

require any person on the premises who appears to him to be, or to have been, playing any game to provide him with information with respect to the game and, in particular, to produce to him any document or thing in his possession which is or was used in connection with the playing of the game.

2

An officer who enters any premises in the exercise of powers conferred by this paragraph shall be permitted to remain there at any time when the premises are being used for gaming, or when he has reasonable cause to suspect that they are about to be so used.

Power to estimate duty

F814

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Disputes as to computation of duty

15

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

16

1

Any person who is knowingly concerned in or in taking steps with a view to the fraudulent evasion by him or any other person of bingo duty shall be guilty of an offence and liable—

a

on summary conviction to a penalty of the prescribed sum or, if greater, treble the amount of the duty payment of which is sought to be evaded or to imprisonment for a term not exceeding six months or to both, or

b

on conviction on indictment to a penalty of any amount or to imprisonment for a term not exceeding F10seven years or to both.

2

Any person who—

a

is knowingly concerned with the promotion of bingo F11(being bingo in connection with which bingo duty may be chargeable) where the promoter is not registered by the Commissioners in accordance with paragraph 10 above;F12. . .

b

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall be guilty of an offence and liable—

i

on summary conviction to a penalty of the prescribed sum or to imprisonment for a term not exceeding six months or to both; or

ii

on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding two years or to both.

3

F13Where any person

a

contravenes or fails to comply with any provision of this Part of this Schedule or of regulations, or

b

fails to comply with any requirement made of him by or under any such provision,

F14his contravention or failure to comply shall attract a penalty under section 9 of the Finance Act 1994 (civil penalties).

F154

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17

1

If a justice of the peace or, in Scotland, a justice (within the meaning of section 462 of the M3Criminal Procedure (Scotland) Act 1975) is satisfied on information on oath that there is reasonable ground for suspecting that an offence under paragraph 16 above is being, has been, or is about to be committed on any premises, he may issue a warrant in writing authorising any officer to enter those premises (if necessary by force) at any time within F16one month from the time of the issue of the warrant and search them.

C1C22

An officer who enters premises under the authority of such a warrant may—

a

seize and remove any books, records, accounts, documents, money or valuable thing, and any instrument, device, apparatus or other thing whatsoever found on the premises, which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of such an offence, and

b

search any person found on the premises whom he has reasonable cause to believe to be concerned with the promotion of bingo or, as the case may be, with the management of any premises used for the purpose of playing bingo.