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Report of the Law Reform Committee on Online Gaming and Singapore

UK would be encouraged to compete with the vast range of services offered in the international markets. 118

96

Following the Government’s response to the Report, the Department for

Culture, Media and Sport published “The Future Regulation of Remote Gambling: DCMS Position Paper” in 2003 (“DCMS Position Paper”), which considered in detail, the practical implementation of the recommendation, with the aim of “introducing a reliable system of regulation for a newly legalised onshore remote gaming industry”. In addition, the DCMS Position Paper stated that Ministers have “expressed a hope that Britain will come to be a world leader in all fields of gambling activity”120 and that proportionate regulation is necessary to create the right conditions for operators to 119

choose to be based in Great Britain.

(2)

Overview of the Gambling Act (“GA”)

97

The UK Gambling Act 2005 (“GA”) was enacted in 2005 and became fully

operational on 1 September 2007. The GA repealed the previous UK legislation on gambling, namely the Betting, Gaming and Lotteries Act of 1963, the Gambling Act of 1968 and the Lotteries and Amusements Act of 1976. The GA created a new and unified framework for regulating not only land-based gambling but also online gambling in the UK.121 The GA also set up the Gambling Commission as the regulatory body. The basic framework under the GA is that operating and personal licences are granted that enable the provision of remote gaming, lottery and betting activities and premises. In addition to the GA, other aspects of the regulation are achieved via secondary legislation, conditions on licence, codes of practice and guidance.

98

The Gambling Commission regulates all commercial gambling in Great Britain,

and is responsible for granting operating and personal licences for commercial gambling operators and personnel working in the industry. It also regulates certain lottery managers and promoters. Appeals for decisions made by the Gambling

Commission are heard by the Gambling Appeals Tribunal.

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Under the GA, the objectives of licensing are stated as: (a) prevent gambling

from being a source of crime and disorder, being associated with crime or disorder or being used to support crime; (b) ensuring that gambling is conducted in a fair and open

118

“A Safe Bet for Success: Modernising Britain’s Gambling Laws” is available at http://www.culture.gov. uk/images/publications/gamblingreportpgs.pdf at para 4.48.

119

Department for Culture, Media and Sport, “The Future Regulation of Remote Gambling: A DCMS Position Paper” (April 2003).

120

Department for Culture, Media and Sport, “The Future Regulation of Remote Gambling: A DCMS Position Paper” (April 2003) at para 16.

121

National lottery and spread betting fall outside of the Act, which are regulated by the National Lottery Commission and the Financial Services Authority respectively.

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