Betting, Gaming and Lotteries Act 1963 (repealed)

Part I · Betting

Accounts and reports of Levy Board and Totalisator Board

31Accounts of, and reports by, Levy Board and Totalisator Board.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(3)

Betting workers: Sunday working

31ARights of betting workers as respects Sunday working.#

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Contributions for benefit of horse racing by bookmakers and Totalisator Board

24Horserace Betting Levy Board.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(2)

(a)

(b)

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(2A)Any practising solicitor shall be entitled to give advice or assistance or to act for persons receiving legal aid unless he is for the time being excluded by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976 from selection under paragraph (3).

(3)

(3A)Where a company purchases one or more of its own shares in circumstances in which Article 172A applies—

(4)

(4A)Without prejudice to the preceding provisions of this Article or any other provision of this Part authorising the making of regulations, regulations may also modify the provisions of, or of any instrument having effect under, this Part (including so much of any of those provisions as specifies a sum of money) for the purposes of the application of those provisions—

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(6A)Regulations under this section shall include provision for securing that lone parents are entitled (subject to meeting any prescribed conditions) to restrict the times at which they are required to undertake work-related activity.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

25General powers and duties of Levy Board.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);

(2)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

26Bookmakers’ Committee.#

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27The levy#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(1A)It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(1B)In subsection (1A), “schools” has the meaning given by section 135(1) of the Education (Scotland) Act 1980.

(a)

(b)

(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).

(2)

(3)

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

27AProfits as a bookmaker#

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

27BStake money#

(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.

27CBetting exchange commission#

(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.

27DThe exempt amount#

(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).

27EPower to obtain information#

(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.

28Assessment of ... levy.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(4A)Without prejudice to the preceding provisions of this Article or any other provision of this Part authorising the making of regulations, regulations may also modify the provisions of, or of any instrument having effect under, this Part (including so much of any of those provisions as specifies a sum of money) for the purposes of the application of those provisions—

(4B)The assessment notice must state—

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(a)

(b)

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(10)The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.

28AProhibition on disclosure of information#

(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.

29Levy appeal tribunals.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(2)

(a)

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(b)

(2A)Any practising solicitor shall be entitled to give advice or assistance or to act for persons receiving legal aid unless he is for the time being excluded by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976 from selection under paragraph (3).

(3)

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

29AMeaning of “leviable bet”#

(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.

29BMeaning of other terms#

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.

30Contributions by successor company to the Totalisator Board.#

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General restrictions on betting

1Restriction on use of premises for betting transactions with persons resorting thereto.#

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2Restriction on bookmaking except under bookmaker’s permit.#

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3Agent of bookmaker or Totalisator Board to be authorised and registered.#

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4Restriction of pool betting.#

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5Restriction of betting on tracks.#

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6Restriction of bookmaking on tracks.#

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8Prohibition of betting in streets and public places.#

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Licensed betting offices

9Betting office licences and betting agency permits.#

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10Conduct of licensed betting offices.#

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10ACancellation of betting office licence#

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Power of entry on tracks

23Power of entry on tracks.#

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Special provisions with respect to bookmaker’s and betting agency permits

11Cancellation of and disqualification for bookmaker’s or betting agency permit.#

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Special provisions with respect to licensed tracks

16Totalisators on licensed tracks.#

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16ALicensing of inter-track betting schemes.#

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17Special rights of occupier of licensed track where totalisator is operated.#

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18Charges to bookmakers on licensed tracks.#

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19Occupiers of licensed tracks not to have an interest in bookmaking thereon.#

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20Saving for right of occupier of licensed track to prohibit betting.#

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Special provisions with respect to young persons

21Betting with young persons.#

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22Betting circulars not to be sent to young persons.#

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The Totalisator Board and pool betting on horse races

12Horserace Totalisator Board.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(3)

(3A)Where a company purchases one or more of its own shares in circumstances in which Article 172A applies—

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

13Approval of horse racecourses by Totalisator Board.#

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14Functions of Totalisator Board with respect to betting on horse races.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(2)

(a)

(b)

(3)

(a)

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(b)

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(a)

(b)

(6)Regulations shall be subject to negative resolution.

15Additional powers and duties of Totalisator Board.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(2)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.