The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006

Made: 6th December 2006

Laid before Parliament: 8th December 2006

Coming into force: 1st January 2007

The Secretary of State makes the following Order in exercise of the powers conferred by sections 355(1) and 358(1) and (2) of, and paragraphs 2 to 11 of Schedule 18 to, the Gambling Act 2005[^f00001]:

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[^f00002];

• “the 1968 Act” means the Gaming Act 1968[^f00003];

• “the 1976 Act” means the Lotteries and Amusements Act 1976[^f00004];

• “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[^f00005] (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[^f00006].

• (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[^f00007] (other than an application for a point to point certificate);

• (b) an application under Schedule 1 to that Act[^f00008] 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[^f00009];

• (e) an application for a licence authorising an inter-track betting scheme under paragraph 2 of Schedule 5ZA[^f00010] 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[^f00011] (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 [^f00012] 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[^f00013] for a certificate of consent for the transfer of a licence under that Act;

• (c) an application under paragraph 5 of that Schedule[^f00014] for the grant of a licence under that Act;

• (d) an application under paragraph 12 of that Schedule[^f00015] for the renewal of a licence under that Act;

• (e) an application under paragraph 58 of that Schedule[^f00016] for the transfer of a licence under that Act;

• (f) an application under Schedule 3 or 4 to that Act[^f00017] 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[^f00018] 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[^f00019] for the grant or renewal of a permit under section 34 of that Act[^f00020] 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[^f00021];

• (b) an application for the registration of a scheme submitted by a local authority under Schedule 2 to that Act[^f00022];

• (c) an application for the grant of a lottery manager’s certificate under paragraph 1 of Schedule 2A to that Act[^f00023]; 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.

SCHEDULE 1 — Provisions coming into force on 1st January 2007

Column 1	Column 2
Section 28	In so far as it relates to an offence under section 342.
Section 65 (to the extent that section is not already in force) and sections 66 to 74	For the purpose of—enabling advance applications for operating licences to be made, considered and determined; andenabling such licences to be issued before 1st September 2007.
Sections 75, 76 and 79 (to the extent that those sections are not already in force)
Sections 77 and 78
Section 80 (to the extent that that section is not already in force) and sections 81 and 84 to 88
Section 89 (apart from subsections (2) and (3))
Sections 90 to 99
Sections 100 to 107
Section 109
Sections 113 to 115
Subsections (2)(b) and (c) and (3) to (5) of section 116
Sections 117 to 120	In so far as those sections relate to a review under paragraph (b) or (c) of section 116(2).
Section 122
Sections 124 to 126
Section 128 (to the extent that section is not already in force) and section 130	For the purpose of applying the provisions listed above in Column 1 to—the making, consideration and determination of advance applications for personal licences; andpersonal licences issued on the grant of such applications.
Sections 129, 132, 133 and 136
Column 1	Column 2
---	---
Sections 140 to 149
Section 235 (other than subsections (2)(a), (3)(f) and (4))
Sections 237 to 241, 248(2) and 251
Sections 252 to 257
Sections 285 and 288
Section 291	For the purpose of enabling conditions to be attached to an operating licence under section 75 or section 78 in connection with any of the matters referred to in subsections (2) and (3) of section 291.
Section 342	In so far as it relates to the provision of information to the Gambling Commission.
Sections 341 and 345	In so far as each of these provisions relate to an offence under section 342.
Sections 350 to 353
Section 356(1) and (2)	In so far as it relates to paragraph 12 of Schedule 16.
Section 356(4) and (5)	In so far as it relates to the entry in Schedule 17 specified below (whose purpose is limited as specified below).
Schedule 7 (for all remaining purposes
Schedule 8
Paragraph 12 of Schedule 16	For the purposes of enabling a person to obtain an enhanced criminal records certificate under section 115 of the Police Act 1997[^f00024] in respect of an advance application for an operating or a personal licence. This is to be without prejudice to paragraphs (a) to (c) of section 115(5) of that Act continuing to have effect without the amendment made by paragraph 2 of Schedule 16 for the purposes of the matters referred to in those paragraphs.
In Schedule 17, the entry relating to the 1963 Act	For the purposes of repealing paragraph 10 of Schedule 2 to that Act.
In Schedule 17, the entry relating to the Gaming (Bingo) Act 1985	For the purposes of repealing paragraph 5(b) of the Schedule to that Act.

SCHEDULE 2 — Provisions coming into force on 21st May 2007