§ MINOR AND CONSEQUENTIAL AMENDMENTS
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Amendments made: No. 116, in page 88, line 6, leave out from ' to' to end of line 18 and insert:
'the provision, at any entertainment to which section 43 of this Act applies, of any amusement with prizes which constitutes a lottery or gaming or both but does not constitute—
(2) Where any such amusement constitutes a lottery, nothing in section 41 or section 42 of this Ac: shall apply to it.
(3) In relation to any such amusement (whether it constitutes a lottery or not).'
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No. 117, in page 88, line 27, leave out from 'constitute' to 'and' in line 31 and insert:
'a lottery or gaming or both but do not constitute gaming to which Part II of the Gaming Act 1968 applies or gaming by means of a machine to which Part III of that Act applies'.
§ No. 118, in page 88, leave out lines 42 to 45 and insert '(c)'.—[Mr. Callaghan.]
§ 9.15 p.m.
§ Mr. Elystan MorganI beg to move Amendment No. 119, in page 89, line 9, leave out 'subsection' and insert 'subsections'.
§ Mr. MorganThe Amendments relate to Section 49 of the Betting, Gaming and Lotteries Act, 1963, which allows fairground amusements, usually under permit from the local authority, to which the public can be admitted.
New subsection (3B) prevents permits for amusements of this kind being issued by a local authority in respect of premises that are licensed already under Part II of the Bill. This, therefore, pre- 362 vents the conflict between Section 49 and new Clause 2 which would otherwise occur. New Clause 2 provides licensed clubs with the equivalent in the form of "gaming with prizes", but the same facilities are not extended to registered clubs and institutes, because it would be inappropriate to do so.
New subsection (3C) confers the usual power on the Secretary of State to vary by regulations the financial limits on charges stipulated in Section 49 of the 1963 Act, and new subsection (3D) provides for this power to be exercised by statutory instrument, subject to negative resolution procedures.
§ Mr. BuckThis sort of Amendment causes one to have vast admiration for parliamentary draftsmen, and also to have some trepidation as to whether there may not be some further points of a similar character. Without this Amendment there would be conflict between Section 49 of the 1963 Act and new Clause 2, and the Amendment seems to put this right. I hope that if there are any other points of a similar character they will be picked up in another place. As a practising lawyer, I know that such 'matters can cause great difficulty to lawyers and laymen alike at a later stage if they are not picked up now.
§ Amendment agreed to.
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Further Amendments made: No. 120, in page 89, line 19, at end insert:
(3B) No permit under this section shall be granted in respect of any premises where a licence under the Gaming Act 1968 is for the time being in force in respect of them or where a club or a miners' welfare institute is for the time being registered in respect of them under Part II of that Act; and, where such a licence is granted or a club or a miners' welfare institute is so registered in respect of any premises, and a permit under this section is then in force in respect of those premises, the permit shall thereupon cease to have effect.
(3C) The Secretary of State may by order direct that any provision of this section which is specified in the order and which specifies a sum shall have effect as if, for that sum, there were substituted such other sum as may be specified in the order.
(3D) Any power to make an order under this section shall include power to vary or revoke the order by a subsequent order, and shall be exercisable by statutory instrument; and any statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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No. 121, in page 91, line 12, at end insert:
(3) The preceding provisions of this paragraph shall have effect subject to section 49(3 B) of this Act.
§ No. 107, in page 91, leave out lines 13 to 17.—[Mr. Elystan Morgan.]