Column 1	Column 2

Sections 266 to 268

Sections 271(2) and 273(2)

Section 274	In so far as it relates to the provisions of Schedule 12 specified below in this Schedule.

Section 276

Sections 277 and 278

Subsection (2) of section 282	For the purposes of enabling a person to comply with the condition in that subsection before 1st September 2007 (being the date on which section 282 comes into force).

Section 283(2)

Section 283(5)	In so far as it relates to the provisions of Schedule 13 specified below in this Schedule.

Section 284

Sections 310(1) and 312(4)

In Schedule 12, paragraphs 1 to 11 and 25	For the purposes of—enabling advance applications for club gaming permits and club machine permits to be made, considered and determined;enabling appeals in connection with such applications to be made, considered and determined; andenabling such permits to be issued before 1st September 2007.

In Schedule 12, paragraphs 14 to 21, 23 and 26 to 31

In Schedule 13, paragraphs 1, 2, 4 to 7 and 21	For the purposes of—enabling advance applications for licensed premises gaming machine permits to be made, considered and determined;enabling appeals in connection with such applications to be made, considered and determined; andenabling such permits to be issued before 1st September 2007.

In Schedule 13, paragraphs 3, 9, 11 to 20, 22 and 23

Attaching a condition restricting the use of premises to specified periods

57A

(1) This paragraph applies to a conversion application which includes a request for the licensing authority to exercise its powers under section 169(1)(a) of the 2005 Act to attach a condition so that facilities for gambling may only be provided in reliance on the licence during one or more specified periods in a year.

(2) Despite paragraphs 56(4) and 57(6)(a), where the licensing authority issue a premises licence in pursuance of paragraph 54, they may exercise their powers under section 169(1)(a) of the 2005 Act to attach the condition referred to in sub-paragraph (1).

Effect of revocation or cancellation of existing licence etc.

Conversion of existing licences etc. into premises licences: supplementary provisions

Special provision where the application under the existing legislation is for the transfer of a licence

Special provisions where the application for the premises licence and the application under the existing legislation are being made to the same authority

Continuation of existing licences, permits and certificates on and after 1st September 2007

Application of the Gambling Act 2005 to the existing licence, permit or certificate

Application of review provisions to the existing licence, permit or certificate

Application of the Gambling Act 2005 to casino premises licences granted on a conversion application

Non-conversion applications for casino premises licences

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

SCHEDULE 3B — Provisions excluded from coming into force on 1st September 2007

Column 1	Column 2

Section 7(5) to (7)

Section 89(2) and (3)

Sections 159 to 165	For the purposes of enabling a non-conversion application for a casino premises licence to be made, considered and determined; and for the purposes of enabling a regional, large or small casino premises licence to be issued on such an application.

Section 175

Section 204	For the purposes of enabling applications for a provisional statement with respect to a casino to be made, considered and determined; and for the purposes of enabling such statements to be issued.

Sections 214 to 234

Section 245

Schedule 9

Paragraph 17 of Schedule 16

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