Gambling (Sark) (Amendment) Law, 2003

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PROJET DE LOI

ENTITLED

The Gambling (Sark) (Amendment) Law, 2003

THE CHIEF PLEAS, in pursuance of their Resolution of the 23^rd day of April, 2003, have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Island of Sark.

Amendment.

1. The Law of 2002 is amended as set out in the Schedule.

Interpretation.

2. In this Law, unless the context otherwise requires -

"the Law of 2002" means the Gambling (Sark) Law, 2002[a]; and

"the Schedule" means the schedule to this Law.

Citation.

3. This Law may be cited as the Gambling (Sark) (Amendment) Law, 2003.

SCHEDULE

Section 1

AMENDMENT OF LAW OF 2002

Amendment of Index.

1. In the index to the Law of 2002 -

(a) immediately after "36. Liability of members, officers and servants" insert -

"PART III

POWER OF CHIEF PLEAS TO RAISE REVENUES FROM GAMBLING

36A. Power of Chief Pleas to raise gambling levy.

36B. Interpretation for purposes of section 36A.

36C. Application of provisions of Reform (Sark) Law, 1951."; and

(b) for "PART III" substitute "PART IV".

Insertion of new Part III.

2. Immediately after Part II of the Law of 2002 insert -

"PART III

POWER OF CHIEF PLEAS TO RAISE REVENUES FROM GAMBLING

Power of Chief Pleas to raise gambling levy.

36A. (1) Chief Pleas may by Ordinance provide for the imposition of a gambling levy payable by a licensee in such manner and at such intervals as may be provided for by Ordinance made under this subsection.

(2) The gambling levy which may be imposed pursuant to this Law may be either or both of the following -

(a) such fixed amount (not exceeding a rate of £75,000 per annum) payable in respect of each of such type of licence, as Chief Pleas may by Ordinance prescribe;

(b) an amount calculated by reference to a licensee's chargeable revenue at such rate (not exceeding 4.0%) per pound thereof as Chief Pleas may by Ordinance prescribe, subject to -

(i) such minimum amount (not exceeding a rate of £25,000 per annum) as Chief Pleas may by Ordinance prescribe; and

(ii) such maximum amount (not exceeding a rate of £175,000 per annum) as Chief Pleas may by Ordinance prescribe.

(3) Any sums received by way of gambling levy under the provisions of this Part shall accrue to Chief Pleas and may be applied for or towards financing such purposes as Chief Pleas may, upon the recommendation of the Committee, by Resolution determine.

(4) Nothing in this Part derogates from or applies to any right to levy or obligation to pay any taxes, dues, fees, charges or amounts payable pursuant to -

(a) any other Part;

(b) any other enactment; or

(5) Chief Pleas may by Ordinance amend any amount or rate referred to in this section ("the original amount or rate"); provided that any such amendment does not cause the amount or rate to exceed the original amount or rate by a factor in excess of 3.

Interpretation for purposes of section 36A.

36B In section 36A, unless the context otherwise requires -

"chargeable revenue" means such income after such deductions (if any), as Chief Pleas may be Ordinance prescribe;

"licence" means a licence granted by the Commission or the Committee under this Law; and

"licensee" means a person licensed by the Commission or the Committee to organise any form of gambling made lawful by Ordinance made under section 2 of this Law.

Application of provisions of Reform (Sark) Law, 1951.

36C. The provisions of sections 17 and 26 of the Reform (Sark) Law, 1951 shall not apply in respect of a gambling levy imposed under this Part."

Substitution of Part III.

3. For "PART III GENERAL" substitute "PART IV GENERAL".

[a]	Order in Council No. VIII of 2003.