(1) After section 52(1) of the Betting. Gaming and Lotteries Act 1963 (penalties and forfeitures) there shall be inserted the following subsection:
"(1A) A person guilty of an offence under section 42, 43, 44 or 47 of this Act shall be liable—
- (a) on summary conviction, to a fine not exceeding £400; or
- (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both".
(2) The amendment made by subsection (1) above shall have effect only in relation to offences committed after the commencement of this Act.—[Dr. Summerskill.]
§ Brought up, and read the First time.
§ 10.13 p.m.
The Under-Secretary of State for the Home Department (Dr. Shirley Summer-skill)
I beg to move, That the clause be read a Second time.
§ Dr. Summerskill
Following discussion in Committee, other Government amendments which will be proposed—that is, Amendments Nos. 52 to 56 inclusive—will bring the penalty provisions in Clause 12 in respect of offences under the Bill into line with modern practice. The new clause will similarly update the penalty provisions in Section 52 of the Betting, Gaming and Lotteries Act 1963 relating to offences in connection with the other categories of lottery permitted by virtue of Part III of that Act and also to the offences in connection with lotteries which are not lawful in any circumstances. Together, the amendments to Clause 12 and Section 52 of the 1963 Act will produce a consistent set of penalty provisions in relation to lotteries and also to the closely related offences under Section 47 of the 1963 Act, which relates to the promotion of prize competi- 616 tions in newspapers or in connection with the sale of goods.
Subsection (2) will ensure that the new penalties apply only in relation to offences committed after the Bill comes into operation. The existing penalties under the 1963 Act will continue to apply to offences committed before that date.
Amendments Nos. 63 and 64 are consequential upon the new Clause to modernise the penalty provisions in Section 52 of the Betting, Gaming and Lotteries Act 1963 in relation to lotteries and prize competitions.
§ 10.15 p.m.
§ Mr. Graham Page (Crosby)
I am grateful to the Minister for taking up a point which was raised in Committee. In Committee we were worried that the clause was rather fierce, and the Minister pointed out that if we altered it it would be inconsistent with the offences under the betting and gaming law. The amendment satisfactorily brings all the offences into line and I am grateful to the hon. Lady for taking up that point.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.