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The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007

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Amendment of Part 6 of Schedule 4 to the Principal Commencement Order

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10.—(1) Paragraph 45 of Schedule 4 to the Principal Commencement Order (continuation of certificates under section 19 of the Gaming Act 1968) is amended as follows.

(2) In paragraph (4), for “sub-paragraphs (5) and (6)” substitute “sub-paragraphs (5) to (6C)”.

(3) In sub-paragraph (6)(b) for “granted”, in both places where it occurs, substitute “made”.

(4) After sub-paragraph (6) insert—

“(6A) Sub-paragraph (6B) applies to any section 19 certificate (“the existing certificate”) where—

(a)the holder of the certificate is applying for a new certificate under section 19 of the 1968 Act (“the new certificate”), and

(b)immediately before 1st September 2007 that application has not been determined or withdrawn.

(6B) In sub-paragraph (6A), the reference to an application for a new section 19 certificate is to an application for a certificate under section 19 of the 1968 Act—

(a)whose effect would be to authorise the performance of functions to which subsection (1) of that section applies, and

(b)which would apply to different premises from those to which the existing certificate applies.

(6C) The existing certificate is to have effect on and after 1st September 2007 as if it authorised the holder to perform functions in or in relation to the premises to which the new certificate would apply (as well as in or in relation to the premises specified in the existing certificate).

(6D) If the application for a personal licence referred to in sub-paragraph (5) or the application for a certificate under section 19 of the 1968 Act referred to in sub-paragraph (6A) is rejected, sub-paragraph (6) or (as the case may be) sub-paragraph (6C) shall cease to have effect in relation to the section 19 certificate.”.

(5) In sub-paragraph (8)—

(a)at the end of paragraph (a) leave out “and”; and

(b)after paragraph (a) insert—

“(aa)the conditions specified in sections 82(1) and 83(1) of the 2005 Act; and”.

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