Schedule 2 - Sale of the Tote: consequential amendments
Horserace Betting and Olympic Lottery Bill
4:15 pm

Mr James Paice (South East Cambridgeshire, Conservative)

I beg to move amendment No. 41, in

schedule 2, page 29, line 31, at end insert—

17A The Betting and Gaming Duties Act 1981 shall be amended as follows.

17B In section 4 (Other betting)—

(a) While the exclusive licence has effect substitute the following subsections (1) and (2) for the existing subsections (1) and (2)—

''(1) General betting duty shall be charged on a bet made by way of pool betting by means of facilities provided by people who are authorised under section 8(4)(a) of the Horserace Betting and Olympic Lottery Act 2004.

(2) General betting duty shall be charged on a bet made by way of pool betting by means of facilities provided by the successor company (as defined in section 2(2) of the Horserace Betting and Olympic Lottery Act 2004).''

(b) Once the exclusive licence no longer has effect subsections (i) and (ii) shall cease to have effect.'.

The amendment was put forward by the Tote's lawyers, who advise me that although section 4 of the Betting and Gaming Duties Act 1981 refers to the horse race totalisator board and to the question of general betting duty, they seem to have been omitted from the consequential amendments in schedule 2. The amendment acknowledges the fact that while the exclusive licence is in effect, general betting duty will continue to be charged in the current manner. When the exclusive licence ceases to have effect, the provisions of section 4 of the 1981 Act will cease to have effect also. As I said, the amendment was recommended by the lawyers acting on behalf of the Tote; I cannot add to that.

Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)

It seems that the hon. Member for South-East Cambridgeshire and I are both reading from brief this afternoon. The amendment would allow the Tote's successor to pay a general betting duty on its full betting operation rather than pool betting duty. As the hon. Gentleman knows, taxation is a matter for my colleagues in the Treasury, who will of course consider the issue as part of the Budget and Finance Bill process. Naturally, if proposals to that effect are brought forward in a future Finance Bill, the House will have the chance to debate them then. On that basis, I hope that the hon. Gentleman will withdraw the amendment.

Mr James Paice (South East Cambridgeshire, Conservative)

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 2 agreed to.