§ 91 — Immediate regulatory action against licensee

91.—(1) Despite section 88, where the Authority —(a)

is satisfied that a licensee is contravening or not complying with, or has contravened or failed to comply with —(i)

any of the conditions of its licence; or

(ii)

any provision of a standard applicable to the licensee;

(b)

has reasonable grounds to believe that there is, as a result, a serious and imminent threat or risk to the integrity or apparent integrity of the gambling service provided by the licensee; and

(c)

is satisfied that it is impracticable in the circumstances of the particular case for the Authority to complete any regulatory action in accordance with section 90 to address the default mentioned in paragraph (a) because of the threat or risk in paragraph (b),

the Authority may make an interim order against the licensee.

(2) An interim order made under subsection (1) —(a)

may suspend the licence or require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, the things specified in the interim order or the things that are of a description specified in the interim order, for or in respect of any matter necessary or desirable to rectify any contravention or non‑compliance mentioned in subsection (1)(a) or that constitutes the ground for this regulatory action; and

(b)

may be cancelled at any time by the Authority.

(3) An interim order made under subsection (1) takes effect at such time, being the earliest practicable time, as is determined by or under that interim order and continues in force until either the following occurs, unless earlier confirmed under subsection (5):(a)

the expiry date (if any) stated in the interim order is reached, which must not exceed 90 days;

(b)

the Authority cancels the interim order before the expiry date.

(4) Before confirming any interim order made under subsection (1), the Authority must give written notice to the licensee concerned —(a)

stating that the Authority intends to confirm the interim order; and

(b)

specifying the time (being not less than 14 days after the date of service of the notice on the licensee or class licensee) within which written representations may be made to the Authority with respect to the proposed confirmation.

(5) The Authority may, after considering any written representation made pursuant to subsection (4)(b), decide to confirm or not to confirm the interim order (with or without modification) as the Authority considers appropriate.

(6) The Authority must serve on the licensee concerned a notice of the Authority’s decision under subsection (5).

(7) Every licensee must comply with every interim order given under this section to the licensee as soon as it takes effect.

—(1) Despite section 88, where the Authority —(a)

is satisfied that a licensee is contravening or not complying with, or has contravened or failed to comply with —(i)

any of the conditions of its licence; or

(ii)

any provision of a standard applicable to the licensee;

(b)

has reasonable grounds to believe that there is, as a result, a serious and imminent threat or risk to the integrity or apparent integrity of the gambling service provided by the licensee; and

(c)

is satisfied that it is impracticable in the circumstances of the particular case for the Authority to complete any regulatory action in accordance with section 90 to address the default mentioned in paragraph (a) because of the threat or risk in paragraph (b),

the Authority may make an interim order against the licensee.

(2) An interim order made under subsection (1) —(a)

may suspend the licence or require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, the things specified in the interim order or the things that are of a description specified in the interim order, for or in respect of any matter necessary or desirable to rectify any contravention or non‑compliance mentioned in subsection (1)(a) or that constitutes the ground for this regulatory action; and

(b)

may be cancelled at any time by the Authority.

(3) An interim order made under subsection (1) takes effect at such time, being the earliest practicable time, as is determined by or under that interim order and continues in force until either the following occurs, unless earlier confirmed under subsection (5):(a)

the expiry date (if any) stated in the interim order is reached, which must not exceed 90 days;

(b)

the Authority cancels the interim order before the expiry date.

(4) Before confirming any interim order made under subsection (1), the Authority must give written notice to the licensee concerned —(a)

stating that the Authority intends to confirm the interim order; and

(b)

specifying the time (being not less than 14 days after the date of service of the notice on the licensee or class licensee) within which written representations may be made to the Authority with respect to the proposed confirmation.

(5) The Authority may, after considering any written representation made pursuant to subsection (4)(b), decide to confirm or not to confirm the interim order (with or without modification) as the Authority considers appropriate.

(6) The Authority must serve on the licensee concerned a notice of the Authority’s decision under subsection (5).

(7) Every licensee must comply with every interim order given under this section to the licensee as soon as it takes effect.