Office of Public Sector Information

122 Information

(1) The holder of an operating licence shall comply with a request of the Commission to—

(a) produce a written or electronic record relating to the licensed activities;

(b) provide a copy of a written or electronic record relating to the licensed activities;

(c) provide information about the licensed activities.

(2) A request under subsection (1) may specify—

(a) the form and manner in which a record or information is to be produced or provided;

(b) the period within which a record or information is to be produced or provided.

(3) The Commission may retain anything provided under subsection (1).

(4) The Commission may exercise a power under this section only for the purpose of—

(a) determining whether activities have been carried on in purported reliance on the licence but not in accordance with a condition of the licence, or

(b) determining the suitability of the licensee to carry on the licensed activities.

(5) A person commits an offence if he fails without reasonable excuse to comply with subsection (1).

(6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

General

123 Levy

(1) The Secretary of State may make regulations requiring holders of operating licences to pay an annual levy to the Commission.

(2) The regulations shall, in particular, make provision for—

(a) the amount of the levy;

(b) timing of payment of the levy.

(3) The regulations may, in particular, make provision—

(a) determining the amount of the levy by reference to a percentage of specified receipts of an operating licence holder,

(b) determining the amount of the levy by reference to a percentage of specified profits of an operating licence holder,

(c) determining the amount of the levy by reference to a percentage of the annual fee under section 100,

(d) providing for the determination of the amount of the levy according to a specified formula, or

(e) providing for the determination of the amount of the levy in some other way.

(4) Any sum due by way of levy by virtue of this section shall be treated for the purposes of this Act as if it were due by way of annual fee under section 100.

(5) The Commission shall, with the consent of the Treasury and of the Secretary of State, expend money received by way of levy for purposes related to, or by providing financial assistance for projects related to—

(a) addiction to gambling,

(b) other forms of harm or exploitation associated with gambling, or

(c) any of the licensing objectives.

(6) In subsection (5) the reference to financial assistance is a reference to grants, loans and any other form of financial assistance, which may be made or given on terms or conditions (which may include terms and conditions as to repayment with or without interest).

(7) The Secretary of State shall consult the Commission before making regulations under this section.

124 Directions and requirements

Where the Commission has power under this Part to give a direction or impose a requirement it may give different directions or impose different requirements in relation to different cases or circumstances.

125 Relevant offence: disapplication of rehabilitation

Section 4 of the Rehabilitation of Offenders Act 1974 (c. 53) (effect of rehabilitation) shall not apply for the purposes of or in connection with—

(a) section 69(2)(d), or

(b) section 71(1).

126 Interpretation

(1) In this Part—

• “conviction”—

  (a)

  has the meaning given by section 1(4) of the Rehabilitation of Offenders Act 1974, and

  (b)

  includes, to the extent required by section 125, a spent conviction within the meaning of that Act,

• “holder”, in relation to an operating licence, means the person to whom the licence is issued,

• “the licensed activities” in relation to an operating licence means the activities which it authorises, and

• “licensee”, in relation to an operating licence, means the person to whom the licence is issued.

(2) In this Act “relevant offence” means—

(a) an offence listed in Schedule 7, and

(b) an offence under the law of a country or territory outside the United Kingdom (a “foreign offence”) which prohibits a kind of activity prohibited by an offence listed in that Schedule (a “domestic offence”).

(3) For the purpose of subsection (2)(b) it is immaterial—

(a) whether or not the foreign offence prohibits all the kinds of activity prohibited by the domestic offence, and

(b) whether or not the foreign offence prohibits kinds of activity not prohibited by the domestic offence.