betting, gaming and lotteries Citation, commencement and interpretation 1 1 This Order may be cited as the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 and shall come into force on 1st January 2007. 2 In this Order— “the 1963 Act” means the Betting, Gaming and Lotteries Act 1963 ; “the 1968 Act” means the Gaming Act 1968 ; “the 1976 Act” means the Lotteries and Amusements Act 1976 ; “the 2004 Act” means the Horserace Betting and Olympic Lottery Act 2004 ; “the 2005 Act” means the Gambling Act 2005; “advance application”, in relation to an application for a licence or permit under the 2005 Act, means an application made before 1st September 2007 (being the commencement date for the offences and other provisions of the 2005 Act in connection with which the licence or permit is required); “amusement machine premises” means premises used wholly or mainly for the provision of amusements by means of machines to which Part 3 of the 1968 Act applies; “non-conversion application for a casino premises licence” has the meaning given by paragraph 66(4) of Schedule 4 to this Order; ... “point to point certificate” has the meaning given by paragraph 53(7) of Schedule 4 to this Order ; and “the successor company” means the company which is nominated for the purposes of section 2 of the 2004 Act by the Secretary of State in accordance with subsection (2)(a) of that section . Commencement of provisions of the Gambling Act 2005 2 1 The provisions of the 2005 Act specified in column 1 of Schedule 1 shall come into force on 1st January 2007, but where a particular purpose is specified in relation to any such provision in column 2 of that Schedule, the provision concerned shall come into force on that date for that purpose only. 1A Section 182(4) of the 2005 Act shall come into force on 30th April 2007. 2 The provisions of the 2005 Act specified in column 1 of Schedule 2 shall come into force on 21st May 2007, but where a particular purpose is specified in relation to any such provision in column 2 of that Schedule, the provision concerned shall come into force on that date for that purpose only. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3A The provisions of the 2005 Act specified in column 1 of Schedule 3A shall come into force on 1st August 2007, but where a particular purpose is specified in relation to any such provision in column 2 of that Schedule, the provision shall come into force on that date for that purpose only. 4 Save as provided by articles 3 to 5, the 2005 Act apart from the provisions listed in column 1 of Schedule 3B shall come into force on 1st September 2007. 5 Where a particular purpose is specified in column 2 of Schedule 3B in relation to any provision listed in that Schedule, the reference to that provision in paragraph (4) is only to that provision for the purpose so specified. Repeal of the Betting, Gaming and Lotteries Act 1963 3 1 The repeal of the 1963 Act by section 356(3)(f), (4) and (5) of, and Schedule 17 to, the 2005 Act shall, to the extent that it is not already in force, come into force on 1st September 2007— a for all purposes in relation to— i any licence or other document issued under the 1963 Act, or ii any registration under Schedule 2 to the 1963 Act (which relates to the registration of pool promoters), which has effect immediately before that date; and b for all other purposes except as provided in the following provisions of this article. 2 The 1963 Act is to continue to have effect on and after 1st September 2007 in so far as is necessary to continue to give effect to section 31 of that Act . 3 The 1963 Act is to continue to have effect on and after 1st September 2007 for the purposes of enabling any of the following applications to be determined (including, where appropriate, by way of appeal), where the application is made but not determined before that date— a an application for a certificate of approval under section 13 of the 1963 Act (other than an application for a point to point certificate); b an application under Schedule 1 to that Act for the grant of a bookmaker’s permit, betting agency permit or betting office licence; c an application under paragraph 5 of Schedule 2 to that Act for the registration of a person as a registered pool promoter; d an application for the grant or transfer of a track betting licence under Schedule 3 to that Act ; e an application for a licence authorising an inter-track betting scheme under paragraph 2 of Schedule 5ZA to that Act. 4 The 1963 Act is to continue to have effect on and after 1st September 2007 for the purposes of enabling a certificate of approval under section 13 of that Act, a betting office licence or a track betting licence to be granted, where the application for its grant is one falling within paragraph (3)(a), (b) or (d). 5 Paragraph 1(a) of Schedule 1 to the 1963 Act (which provides for the establishment of licensing committees) is to continue in force on and after 1st September 2007 for the purposes of providing for there to be a licensing committee for each local justice area. 6 Paragraph (5) is to have effect whether or not there are any applications for the grant of a bookmaker’s permit, betting agency permit or betting office licence which the licensing committee for a particular area are required to determine by virtue of paragraph (3)(b). 7 For the purposes of this article, where an application is refused it is not to be treated as having been determined until any period for appealing against the refusal of the application has elapsed; or, if an appeal is made, until the appeal is determined or abandoned. 8 In this article, “betting agency permit”, “betting office licence”, “bookmaker’s permit” and “track betting licence” shall be construed in accordance with section 55(1) of the 1963 Act. Repeal of the Gaming Act 1968 4 1 The repeal of the 1968 Act by section 356(3)(g), (4) and (5) of, and Schedule 17 to, the 2005 Act shall, to the extent that it is not already in force, come into force on 1st September 2007— a for all purposes in relation to— i any licence or other document issued under the 1968 Act, or ii any registration under Part 2 or 3 of that Act, which has effect immediately before that date; and b for all other purposes except as provided in the following provisions of this article. 2 The 1968 Act is to continue to have effect on and after 1st September 2007 for the purposes of enabling any of the following applications to be determined (including by way of appeal), where the application is made but not determined before that date— a an application under paragraph 4 of Schedule 2 to that Act for the grant of a certificate of consent to apply for a licence under that Act; b an application under paragraph 56 of that Schedule for a certificate of consent for the transfer of a licence under that Act; c an application under paragraph 5 of that Schedule for the grant of a licence under that Act; d an application under paragraph 12 of that Schedule for the renewal of a licence under that Act; e an application under paragraph 58 of that Schedule for the transfer of a licence under that Act; f an application under Schedule 3 or 4 to that Act for the registration of a members’ club or miners’ welfare institute under Part 2 of that Act; g an application under Schedule 3 or 4 to that Act for the renewal of the registration of a members’ club or miners’ welfare institute under Part 2 of that Act; h an application under paragraph 1 of Schedule 5 to that Act for a certificate under section 19 of that Act; i an application under Schedule 6 to that Act for the grant or renewal of a certificate under section 27 of that Act; j an application under Schedule 7 or 8 to that Act for the registration of a members’ club, commercial club or miners’ welfare institute under Part 3 of that Act; k an application under Schedule 7 or 8 to that Act for the renewal of the registration of members’ club, commercial club or miners’ welfare institute under Part 3 of that Act; l an application under paragraph 5 of Schedule 9 to that Act for the grant or renewal of a permit under section 34 of that Act in respect of amusement machine premises; and m an application under that paragraph for the grant or renewal of a permit under section 34 of that Act in respect of any other premises. 3 The 1968 Act is to continue to have effect on and after 1st September 2007 for the purposes of enabling a certificate, licence or permit to be granted or renewed, where the application for its grant or renewal is one falling within paragraph (2). 4 The 1968 Act is to continue to have effect on and after 1st September 2007 for the purposes of enabling a club or miners’ welfare institute to be registered under Part 2 or 3 of the 1968 Act, or for such a registration to be renewed, where the application for the registration or the renewal of the registration is one falling within paragraph (2)(f), (g), (j) or (k). 5 For the purposes of this article— a where an application is refused, it is not to be treated as having been determined until any period for appealing against the refusal of the application has elapsed; or, if an appeal is made, until the appeal is determined or abandoned; b where a permit is granted on an application falling within sub-paragraph (m) of paragraph (2), but it is granted subject to a condition limiting the number of machines to which Part 3 of the 1968 Act applies which may be made available for gaming on the relevant premises, the application is not to be treated as having been determined until any period for appealing against that decision has elapsed; or, if an appeal is made, until the appeal is determined or abandoned. Repeal of the Lotteries and Amusements Act 1976 5 1 The repeal of the 1976 Act by section 356(3)(i), (4) and (5) of, and Schedule 17 to, the 2005 Act shall, to the extent that it is not already in force, come into force on 1st September 2007— a for all purposes in relation to— i any certificate or permit issued under the 1976 Act, or ii any registration under that Act, which has effect immediately before that date; and b for all other purposes except as provided in the following provisions of this article. 2 The 1976 Act is to continue to have effect on and after 1st September 2007 for the purposes of enabling any of the following applications to be determined (including by way of appeal), where the application is made but not determined before that date— a an application for the registration of a society under Schedule 1 or 1A to that Act ; b an application for the registration of a scheme submitted by a local authority under Schedule 2 to that Act ; c an application for the grant of a lottery manager’s certificate under paragraph 1 of Schedule 2A to that Act ; and d an application under paragraph 4 of Schedule 3 for the grant or renewal of a permit under section 16 of that Act. 3 The 1976 Act is to continue to have effect on and after 1 September 2007 for the purposes of enabling a society to be registered under Schedule 1 or 1A to the 1976 Act, where the application for its registration is one falling within paragraph (2)(a). 4 The 1976 Act is to continue to have effect on and after 1st September 2007 for the purposes of enabling a scheme submitted by a local authority under Schedule 2 to the 1976 Act to be registered, where the application for its registration is one falling within paragraph (2)(b). 5 The 1976 Act is to continue to have effect on and after 1st September 2007 for the purposes of enabling a permit under section 16 of that Act to be granted or renewed, where the application for its grant or renewal is one falling within paragraph (2)(d). 6 For the purposes of this article, where an application is refused, the application is not to be treated as having been determined until any period for appealing against the refusal of the application has elapsed; or, if an appeal is made, until the appeal is determined or abandoned. Transitional provisions 6 The transitional provisions in Schedule 4 shall have effect. Modification of Part 1 of the Horserace Betting and Olympic Lottery Act 2004 7 1 Section 8 of the 2004 Act (exclusive licence for the right to carry on horse-race pool betting) shall have effect subject to the following modifications. 2 A term or condition of the exclusive licence under that section shall be of no effect to the extent that it is inconsistent with a term or condition of an operating licence issued to the successor company. 3 A term or condition of an authorisation given to a person under subsection (5)(a) of that section shall be of no effect to the extent that it is inconsistent with a term or condition of any authorisation given by the successor company to that person under section 94 of the 2005 Act. 4 Subsection (7)(b) of that section shall have effect as if it also provided for the Secretary of State to have power to direct the Gambling Commission to make an order revoking the exclusive licence under that section if any operating licence issued to the successor company ceases to have effect. Modification of the Gambling Act 2005 to reflect provisions of Part 1 of the Horserace Betting and Olympic Lottery Act 2004 8 1 In respect of any time when the exclusive licence issued to the successor company under section 8 of the 2004 Act has effect— a section 33 of the 2005 Act (which makes it an offence to provide facilities for gambling without the appropriate authorisation under that Act) shall have effect subject to the modification in paragraph (2); and b Part 8 of the 2005 Act shall have effect subject to the modification in paragraph (3). 2 A person who acts in contravention of section 8(5)(b) of the 2004 Act shall be treated as having committed an offence under section 33 of the 2005 Act irrespective of whether or not he would otherwise have committed the offence. 3 A premises licence issued under that Part shall not authorise the use of premises for doing anything prohibited by section 8(5)(b) of the 2004 Act. 4 Part 5 of the 2005 Act (which makes provision with respect to operating licences under that Act) shall have effect in relation to the successor company subject to the modifications in the following provisions of this paragraph. 5 If the Gambling Commission issues the exclusive licence to the successor company under section 8 of the 2004 Act, the Commission must (if it has not already done so) issue a remote and a non-remote pool betting operating licence to the successor company which will have the effect of authorising the activities which the exclusive licence grants the successor company the right to perform. 6 An operating licence issued in accordance with paragraph (5) must provide for section 94 of the 2005 Act to apply to the licence. 7 Paragraph (5) applies whether or not the successor company is applying under section 69 of the 2005 Act for a remote or a non-remote pool betting operating licence when the exclusive licence is issued. 8 If the successor company holds a remote or a non-remote operating licence when the exclusive licence is issued, the Gambling Commission must (if necessary) vary the licence so that it will— a have the effect of authorising the activities referred to in paragraph (5), and b provide for section 94 of the 2005 Act to apply to the licence. 9 Subsection (6) of section 104 of the 2005 Act applies to the variation of the operating licence under paragraph (8) as it applies to the variation of an operating licence on an application being made under that section. Richard Caborn Minister of State Department for Culture, Media and Sport 6th December 2006