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

• Citation: S.I. 2006/3272
• Sections: 116

Section 1 Citation, commencement and interpretation

(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 .

Section 2 Commencement of provisions of the Gambling Act 2005

(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.

Section 3 Repeal of the Betting, Gaming and Lotteries Act 1963

(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.

Section 4 Repeal of the Gaming Act 1968

(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.

Section 5 Repeal of the Lotteries and Amusements Act 1976

(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.

Section 6 Transitional provisions

The transitional provisions in Schedule 4 shall have effect.

Section 7 Modification of Part 1 of the Horserace Betting and Olympic Lottery Act 2004

(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.

Section 8 Modification of the Gambling Act 2005 to reflect provisions of Part 1 of the Horserace Betting and Olympic Lottery Act 2004

(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.

Section 1 Interpretation

(1) In this Schedule—

“amusement machine premises” has the meaning given by section 34(7A) of the 1968 Act ;

“bingo club licence” means a licence under the 1968 Act granted in respect of any premises, where the licence, as it has effect immediately before 1st September 2007, is subject to restrictions under paragraph 25 of Schedule 2 to that Act under which gaming on those premises to which Part 2 of that Act applies is limited to the playing of bingo;

“casino licence” means a licence under the 1968 Act other than a bingo club licence.

(2) For the purposes of this Schedule (and unless the contrary intention appears) where—

(a) the licensing authority under the 2005 Act is to be determined by reference to which authority’s area premises are situated in, and

(b) the premises are situated in the area of more than one authority,

the licensing authority is the authority in whose area the greater or greatest part of the premises is situated.

(3) The following provisions of this paragraph are to have effect for the purposes of determining, where an application for an operating or personal licence is rejected, when that application is to be treated as having been finally determined for the purposes of this Schedule.

(4) If there is no appeal to the Gambling Appeals Tribunal the application is to be treated as having been finally determined on the expiry of the period for appealing.

(5) Where such an appeal is made and—

(a) the appeal is withdrawn, or

(b) the appeal is allowed,

then (subject to sub-paragraph (8)) the application is to be treated as having been finally determined when the appeal is withdrawn or, as the case may be, determined.

(6) Where the appeal to the Gambling Appeals Tribunal is refused and no appeal is made under section 143 of the 2005 Act, the application is to be treated as having been finally determined on the expiry of the period for appealing against the decision of the Gambling Appeals Tribunal.

(7) Where an appeal is made under section 143 of the 2005 Act, then (subject to sub-paragraph (8)) the application is to be treated as having been finally determined on the date on which the appeal is determined or withdrawn.

(8) Where the result of an appeal is that the matter is remitted to the body against whose decision the appeal is made, the application is to be treated as having been finally determined when any subsequent proceedings relating to the decision to reject the application are finally determined (as determined in accordance with sub-paragraphs (4) to (7)).

Section 2 Betting, Gaming and Lotteries Act 1963: restrictions on applications

(1) This paragraph and paragraphs 3 and 4 apply with respect to the grant of licences and other documents, and registrations, under the 1963 Act during the period beginning on the date on which this Order comes into force and ending on the date on which the repeal of that Act for all purposes takes effect.

(2) Subject to sub-paragraph (3), any application under the 1963 Act of the following kinds may be granted only where the application is made before 28th April 2007 and, in a case to which paragraph 4 applies, the condition referred to in sub-paragraph (3) of that paragraph is met—

(a) an application under paragraph 5 of Schedule 1 for the grant of a bookmaker’s permit, betting agency permit or betting office licence;

(b) an application under paragraph 5 of Schedule 2 for the registration of a person as a pool promoter;

(c) an application under paragraph 3 of Schedule 3 for the grant of a track betting licence;

(d) an application for a certificate of approval under section 13 for a ground to be used as a horse racecourse;

(e) an application for a licence authorising an inter-track betting scheme under paragraph 2 of Schedule 5ZA .

(3) Sub-paragraph (2)(a) does not apply in relation to any application under Schedule 1 to the 1963 Act for the grant of a bookmaker’s permit where the application is made by the company which is nominated by the Secretary of State for the purposes of section 2 of the Horserace Betting and Olympic Lottery Act 2004 in accordance with subsection (2)(a) of that section.

Section 3 Betting, Gaming and Lotteries Act 1963: period for which licences and other documents and registrations are to have effect

(1) Any licence or permit, granted under Schedule 1 or 3 to the 1963 Act on or after the date on which this Order comes into force but before 1st September 2007, is to cease to have effect at the end of 31st August 2007; and paragraph 29 of Schedule 1 to the 1963 Act and paragraph 8 of Schedule 3 to that Act are to have effect as if modified accordingly.

(2) Sub-paragraph (1) is without prejudice to any provisions of Schedule 1 or 3 to the 1963 Act under which such a licence or permit may be revoked or cancelled before the date on which it is due to expire.

(3) Where a person is registered as a pool promoter under Schedule 2 to the 1963 Act on or after the date on which this Order comes into force, the registration is to cease to have effect at the end of 31st August 2007 (unless revoked before that date under paragraph 5 of that Schedule).

(4) Where on or after the date on which this Order comes into force the Levy Board issue a certificate of approval under section 13 of the 1963 Act for a horse racecourse, the certificate is to cease to have effect at the end of 31st August 2007 (unless revoked before that date under that section).

(5) Where any licence authorising an inter-track betting scheme is granted under Schedule 5ZA to the 1963 Act on or after the date on which this Order comes into force, the licence is to cease to have effect at the end of 31st August 2007 (unless revoked before that date under paragraph 11 of that Schedule); and paragraph 7 of that Schedule is to have effect as if modified accordingly.

Section 4 Betting, Gaming and Lotteries Act 1963: grant of licences etc. on or after 1st September 2007

(1) This paragraph applies to an application for—

(a) a betting office licence under Schedule 1 to the 1963 Act,

(b) a track betting licence under Schedule 3 to that Act, or

(c) certificate of approval under section 13 of that Act (other than a point to point certificate),

which is not determined before 1st September 2007.

(2) Such a licence or certificate is referred to in this paragraph as a licence or certificate under the 1963 Act.

(3) A licence or certificate under the 1963 Act may only be granted on such an application if—

(a) the applicant is applying under Part 8 of the 2005 Act for a premises licence in respect of the same or substantially the same premises as those in respect of which the licence or certificate under the 1963 has effect, and

(b) he qualifies for the purposes of that application as the existing premises operator (within the meaning of paragraph 53 of this Schedule) in relation to the premises by virtue of the fact that he is applying for the licence or certificate under the 1963 Act.

(4) Where a licence or certificate under the 1963 Act is granted in accordance with sub-paragraph (3)—

(a) it is only to have effect for the purposes of Part 7 of this Schedule (which provides for the conversion of licences etc. under enactments to be repealed by the 2005 Act into premises licences under that Act), and

(b) it is to cease to have effect when the application for a premises licence referred to in sub-paragraph (3) is determined or withdrawn.

Section 5 Gaming Act 1968: restrictions on applications

(1) This paragraph and paragraphs 6 to 11 apply with respect to the grant or renewal of licences, registrations and permits under the 1968 Act during the period beginning on the date on which this Order comes into force and ending on the date on which the repeal of that Act for all purposes takes effect.

(2) Any application of the following kinds may be granted only where the application for the licence or permit is made before 28th April 2007 and, in a case to which paragraph 9 or 11 applies, the condition referred to in sub-paragraph (2) of that paragraph is met—

(a) a licence under the 1968 Act;

(b) a permit under section 34 of that Act (which makes provision about the use for gaming of machines to which Part 3 of that Act applies) in respect of amusement machine premises.

(3) The restriction in sub-paragraph (2) with respect to applications made on or after 28 April 2007 does not apply where—

(a) the application is for a casino licence;

(b) the applicant holds one or more other casino licences in respect of premises in the same licensing area; and

(c) the certificate of consent issued under paragraph 4 of Schedule 2 to the 1968 Act for the purposes of the application was issued by the Gambling Commission in pursuance of article 2(2) and (3) of the Gambling Act 2005 (Transitional Provisions) Order 2006 (which specifies the circumstances in which the Commission may issue a certificate of consent for a casino licence where the application is made on or after 29th April 2006).

(4) In sub-paragraph (3)(b) the reference to the same licensing area is—

(a) where the premises to which the application relates are in England or Wales, to the local justice area in which those premises are situated; and

(b) where the premises to which the application relates are in Scotland, to the area of the licensing board (being the licensing board constituted under section 1 of the Licensing (Scotland) Act 1976 ) in which those premises are situated.

(5) The Gambling Commission may grant an application for the renewal of a certificate under section 27 of the 1968 Act (which makes provision about the sale, supply and maintenance of machines to which Part 3 of that Act applies) only where the certificate is due to expire in accordance with paragraph 3 of Schedule 6 to that Act before 31st August 2007.

(6) The licensing authority (within the meaning of, as the case may be, Schedule 3, 4, 7 or 8 to the 1968 Act) may grant an application for the renewal of a registration under Part 2 or 3 of that Act only where the registration is due to expire before 31st August 2007.

(7) The appropriate authority (within the meaning of paragraph 1(a) or (c) of Schedule 9 to the 1968 Act ) may grant an application for the renewal of a permit under section 34 of that Act only where the permit is due to expire in accordance with paragraph 18 of that Schedule before 31st August 2007.

Section 6 Gaming Act 1968: applications for the grant of a licence under that Act where a certificate of consent has been applied for but not obtained

(1) A person may apply for the grant or transfer of a licence under the 1968 Act provided that—

(a) the relevant consent application has been made to the Gambling Commission,

(b) and that application has not been withdrawn or refused.

(2) Sub-paragraph (1) is to apply whether or not the relevant consent application has been approved; and (as the case may be) paragraph 3 or 55 of Schedule 2 to the 1968 Act is to have effect as if modified accordingly.

(3) Where an application for the grant or transfer of a licence under the 1968 Act is made before a certificate of consent has been issued by the Gambling Commission with respect to the application, paragraph 5(2) or (as the case may be) paragraph 58(1) of Schedule 2 to that Act is to have effect as if it required the application to be accompanied by a copy of the relevant consent application.

(4) Paragraphs 6 and 7 of Schedule 2 to the 1968 Act are only to apply in a case falling within sub-paragraph (3) where a certificate of consent is issued on the grant of the relevant application; and in such a case those paragraphs are to have effect as provided in sub-paragraph (5).

(5) Where in a case falling within sub-paragraph (3) a certificate of consent is issued on the grant of the relevant consent application—

(a) sub-paragraph (1) of paragraph 6 of Schedule 2 to the 1968 Act is to have effect as if it required the person applying for the grant of the 1968 Act licence to do the things referred to in that sub-paragraph not later than 14 days after the date on which he receives the certificate of consent issued on the relevant consent application; and

(b) sub-paragraph (1) of paragraph 7 of that Schedule is to have effect as if it required the applicant to send the licensing authority a copy of the certificate of consent at the same time as it sends the things referred to in that sub-paragraph.

(6) The Gambling Commission must notify the licensing authority responsible for determining the application for the grant or transfer of the 1968 Act licence if the relevant consent application is refused.

(7) The licensing authority must refuse the application for the grant or transfer of a 1968 Act licence if the relevant consent application is refused.

(8) In this paragraph, references to the relevant consent application, in relation to an application for the grant or transfer of a casino licence, are to an application for a certificate of consent under (as the case may be) paragraph 4 or 56 of Schedule 2 to the 1968 Act , where the application—

(a) is in respect of the same premises as those to which the application for the grant or transfer of the casino licence relates, and

(b) where the application relates to the grant of a casino licence, is not made only for the purposes of an application for the grant of a bingo club licence.

(9) In this paragraph, references to the relevant consent application, in relation to an application for the grant or transfer of a bingo club licence, are to an application for a certificate of consent under (as the case may be) paragraph 4 or 56 of Schedule 2 to the 1968 Act where the application—

(a) is in respect of the same premises as those to which the application for the grant or transfer of the bingo club licence relates, and

(b) where the application relates to the grant of a bingo club licence, is made only for the purposes of an application for the grant of a bingo club licence.

Section 7 Gaming Act 1968: restrictions on applications for a certificate of approval under section 19

(1) The Gambling Commission may issue a certificate under section 19 of the 1968 Act only where the application is made before 1st June 2007.

(1A) Paragraph (1) does not apply where—

(a) the application is made by a person who, when the application is made, holds a certificate under section 19 of the 1968 Act (“the existing certificate”);

(b) the effect of the certificate being applied for (“the new certificate”) would be to authorise the performance of functions to which section 19(1) of the 1968 Act applies; and

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

(2) Where—

(a) a notice is issued under subsection (3) of section 19 of the 1968 Act before 1st June 2007, but

(b) no application for a certificate under subsection (4) of that section is made before that date,

the notice is to cease to have effect on that date.

(3) Where such a notice is issued on or after 1st June 2007, subsection (4) of section 19 of the 1968 Act is to have effect in relation to the notice as if—

(a) it required the person on whom it is served, before the end of such period (not being less than 21 days from the date of service of the notice) as may be specified in the notice, to obtain a personal licence under the 2005 Act whose effect would be to authorise the performance of the functions to which the notice relates; and

(b) it prohibited that person from performing those functions once that period has expired unless—

(i) such a personal licence has been granted to him by the Gambling Commission and has effect for the time being for the purposes of that subsection, or

(ii) he is applying for such a personal licence and that application has not been finally determined or withdrawn.

Section 8 Gaming Act 1968: period for which licences, registrations, and permits are to have effect

(1) Subject to paragraph 62 below, where a licence under the 1968 Act is granted or renewed under Schedule 2 to that Act on or after the date on which this Order comes into force but before 1st September 2007, the licence is to cease to have effect at the end of 31st August 2007; and paragraph 52 of that Schedule is to have effect as if modified accordingly.

(2) Sub-paragraph (1) is without prejudice to any provisions of Schedule 2 to the 1968 Act under which a licence may be cancelled (whether in consequence of the revocation of the certificate of consent or by virtue of a disqualification order under that Schedule or otherwise).

(3) Where on or after the date on which this Order comes into force but before 1st September 2007—

(a) a club or miners’ welfare institute is registered under Part 2 or Part 3 of the 1968 Act, or

(b) such a registration is renewed,

the registration is to cease to have effect at the end of 31st August 2007; and paragraph 19 of Schedule 3 , paragraph 17 of Schedule 4 and paragraph 22 of Schedule 7 to that Act (including as that provision has effect in relation to Scotland by virtue of paragraph 3 of Schedule 8 to that Act) are to have effect as if modified accordingly.

(4) Sub-paragraph (3) is without prejudice to any provisions of the Schedules referred to in that sub-paragraph under which the registration of a club or miners’ welfare institute may be cancelled.

(5) Where a permit under section 34 of the 1968 Act is granted in respect of amusement machine premises at any time on or after the date on which this Order comes into force, the permit is to cease to have effect at the end of 31st August 2007; and paragraph 18 of Schedule 9 to that Act is to have effect as if modified accordingly.

(6) Sub-paragraph (5) is without prejudice to the cancellation of any such permit under section 39 of the 1968 Act .

Section 9 Gaming Act 1968: grant of licences under the 1968 Act on or after 1st September 2007

(1) This paragraph applies to an application for a licence under the 1968 Act which is not determined before 1st September 2007.

(2) A licence under the 1968 Act may only be granted on such an application if—

(a) the applicant is applying under Part 8 of the 2005 Act for a premises licence in respect of the same or substantially the same premises as those in respect of which the licence under the 1968 Act has effect, and

(b) he qualifies for the purposes of that application as the existing premises operator in relation to the premises because he is applying for the licence under the 1968 Act.

(3) Where a licence under the 1968 Act is granted in accordance with sub-paragraph (2)—

(a) it is only to have effect for the purposes of Part 7 of this Schedule (which provides for the conversion of licences etc. under enactments to be repealed by the 2005 Act into premises licences under that Act), and

(b) it is to cease to have effect when the application for a premises licence referred to in that sub-paragraph is determined or withdrawn.

Section 10 Gaming Act 1968: registrations under Part 2 or 3 after 1st September 2007

Where a members’ club, commercial club or miners’ welfare institute is registered under Part 2 or 3 of the 1968 Act on or after 1st September 2007—

(a) the registration is only to have effect for the purposes of Part 9 of this Schedule (which provides for the conversion of club registrations under the 1968 Act into club gaming and machine permits under the 2005 Act), and

(b) it is to cease to have effect on the date on which the information specified in, as the case may be, paragraph 79 or 87 of this Schedule is sent to the relevant licensing authority (within the meaning of that paragraph).

Section 11 Gaming Act 1968: grant of permits under section 34 on or after 1st September 2007

(1) This paragraph applies to an application for a permit under section 34 of the 1968 Act in respect of amusement machine premises which is not determined before 1st September 2007.

(2) A permit under section 34 of the 1968 Act may only be granted on such an application if—

(a) the applicant is applying for a premises licence under Part 8 of the 2005 Act, or a family entertainment centre gaming machine permit , in respect of the same or substantially the same premises as those in respect of which the permit under section 34 of the 1968 Act has effect, and

(b) he qualifies for the purposes of that application as the existing premises operator, or (as the case may be) the existing family entertainment centre operator, in relation to the premises because he is applying for the permit under section 34 of the 1968 Act.

(3) Where a permit under section 34 of the 1968 Act is granted in accordance with sub-paragraph (2)—

(a) it is only to have effect for the purposes of, as the case may be—

(i) Part 7 of this Schedule (which provides for the conversion of licences and permits etc. under enactments to be repealed by the 2005 Act into premises licences under that Act), or

(ii) Part 10 of this Schedule (which provides for the conversion of permits under section 34 of the 1968 Act into family entertainment centre gaming machine permits); and

(b) it is to cease to have effect when the application for a premises licence, or a family entertainment centre gaming machine permit, referred to in sub-paragraph (2) is determined or withdrawn.

Section 12 Effect of references in the Gaming Act 1968 to the licensing authority on and after 1st September 2007

(1) In relation to any time on or after 1st September 2007 any reference in the 1968 Act to a licensing authority is—

(a) in respect of a local justice area in England and Wales, to the licensing committee for that area established and constituted under paragraph 1 of Schedule 1 to the 1963 Act ; and

(b) in respect of any area in Scotland, to the licensing board for that area constituted under section 1 of the Licensing (Scotland) Act 1976 .

(2) Sub-paragraph (1)(a) is to apply irrespective of whether or not the licensing committee for a particular local justice area continues to be responsible under that Schedule for the grant or renewal of bookmaker’s permits, betting agency permits and betting office licences in that area.

Section 13 Lotteries and Amusements Act 1976: restrictions on applications

(1) This paragraph and paragraphs 14 to 16 apply with respect to the grant of certificates, permits and registrations under the 1976 Act during the period beginning on the date on which this Order comes into force and ending on the date on which the repeal of that Act for all purposes takes effect.

(2) The Gambling Commission may grant an application under paragraph 1 of Schedule 2A to the 1976 Act for a person to be registered under that Schedule as a lottery manager only where the application is made before 28th April 2007.

(3) An application under paragraph 4 of Schedule 3 to the 1976 Act for the grant of a permit under section 16 of that Act may be granted only where the application is made before 28th April 2007 and, in a case to which paragraph 16 applies, the condition referred to in sub-paragraph (2) of that paragraph is met.

Section 14 Lotteries and Amusements Act 1976: period for which registrations, certificates and permits are to have effect

(1) Where on or after the date on which this Order comes into force but before 1st September 2007—

(a) a society is registered under Schedule 1 to the 1976 Act;

(b) a society is registered under Schedule 1A to that Act ; or

(c) a local authority scheme is registered under Schedule 2 to that Act,

the registration is to cease to have effect at the end of 31st August 2007.

(2) Sub-paragraph (1) is without prejudice to the revocation of any such registration under a provision of the relevant Schedule referred to in that sub-paragraph.

(3) Any lottery manager’s certificate granted under Schedule 2A to the 1976 Act on or after the date on which this Order comes into force is to have effect until 31st August 2007 (unless revoked by the Gambling Commission before that date); and paragraph 5 of that Schedule is to have effect as if modified accordingly.

(4) Any permit under section 16 of the 1976 Act granted or renewed under Schedule 3 to that Act on or after the date on which this Order comes into force is to have effect until 31st August 2007 (unless cancelled before that date under section 17(2) of that Act); and paragraph 15 of that Schedule is to have effect as if modified accordingly.

Section 15 Lotteries and Amusements Act 1976: society and local authority scheme registrations taking effect on or after 1st September 2007

(1) Where a society or local authority scheme is registered on or after 1st September 2007 under, as the case may be, Schedule 1, 1A or 2 to the 1976 Act —

(a) the registration is only to have effect for the purposes of Part 8 of this Schedule (which provides for the conversion of registrations under the 1976 Act into lottery operating licences and registrations under Part 5 of Schedule 11 to the 2005 Act); and

(b) it is to cease to have effect in accordance with the following provisions of this paragraph.

(2) Where a society or local authority scheme is registered under Schedule 1A or 2 to the 1976 Act, the registration is to cease to have effect on the date on which a converted lottery operating licence (within the meaning of Part 8 of this Schedule) is issued to, as the case may be, the society or the local authority.

(3) Where a society is registered under Schedule 1 to the 1976 Act, the registration is to cease to have effect on the date on which the society is registered under Part 5 of Schedule 11 to the 2005 Act in accordance with paragraph 74 of this Schedule.

Section 16 Lotteries and Amusements Act 1976: grant of permits under section 16 on or after 1st September 2007

(1) This paragraph applies to an application for a permit under section 16 of the 1976 Act which is not determined before 1st September 2007.

(2) A permit under section 16 of the 1976 Act may only be granted on such an application if—

(a) the applicant is applying for a prize gaming permit in respect of the same or substantially the same premises as those in respect of which the permit under section 16 of the 1976 Act has effect, and

(b) he qualifies for the purposes of that application as an existing operator because he is applying for the permit under section 16 of the 1976 Act.

(3) Where a permit under section 16 of the 1976 Act is granted in accordance with sub-paragraph (2)—

(a) it is only to have effect for the purposes of Part 11 of this Schedule (which provides for the conversion of permits under section 16 of the 1976 Act into prize gaming permits), and the case may be—

(b) it is to have effect until the application for a premises licence referred to in that sub-paragraph is determined or withdrawn.

Section 17 Continuation of certificates and permits granted under section 27 of the Gaming Act 1968

(1) This paragraph applies to a certificate or permit under section 27 of the 1968 Act (which makes provision as to the sale, supply and maintenance of machines to which Part 3 of that Act applies) which—

(a) is in force immediately before 1st September 2007, or

(b) is granted or renewed on or after that date.

(2) A certificate or permit to which this paragraph applies is referred to in this paragraph and in paragraphs 18 to 22 as a section 27 certificate or, as the case may be, a section 27 permit.

(3) A section 27 certificate or permit is to have effect on and after 1st September 2007.

(4) Where a section 27 certificate has effect in accordance with sub-paragraph (3)—

(a) if it was issued for the purposes of subsection (1) of section 27 of the 1968 Act, its effect is to authorise the holder—

(i) to sell or supply a gaming machine or part of a gaming machine, or

(ii) to cause or permit another person to sell or supply a gaming machine or part of a gaming machine on his behalf;

(b) if it was issued for the purposes of subsection (5) of that section, its effect is to authorise the holder—

(i) to maintain or repair a gaming machine or part of a gaming machine, or

(ii) to cause or permit another person to maintain or repair a gaming machine or part of a gaming machine on his behalf;

(c) if it was issued for the purposes of both those subsections, its effect is to authorise the activities described in both paragraphs (a) and (b).

(5) On and after 1st September 2007 a section 27 certificate is to have effect subject to any relevant operating licence conditions.

(6) In sub-paragraph (5), the reference to relevant operating licence conditions is to—

(a) any conditions in relation to gaming machine technical operating licences—

(i) for the time being specified by the Gambling Commission under section 75 of the 2005 Act, or

(ii) for the time being specified by the Secretary of State in regulations under section 78 of that Act,

and which apply to the activities authorised by the certificate;

(aa) the condition specified in section 82(1) of the 2005 Act; and

(b) any conditions attached to the certificate under paragraph 21(3).

(7) Where a section 27 permit has effect on or after 1st September 2007—

(a) if it was issued for the purposes of subsection (1) of section 27 of the 1968 Act, its effect is to authorise the holder—

(i) to sell or supply the gaming machine specified in the permit or a part of that machine, or

(ii) to cause or permit another person to sell or supply that gaming machine on his behalf;

(b) if it was issued under subsection (5) of that section, its effect is to authorise the holder—

(i) to maintain or repair the gaming machine specified in the permit or a part of that machine, or

(ii) to cause or permit another person to maintain that machine or a part of that machine on his behalf.

Section 18 Duration of section 27 certificates

(1) Subject to the following provisions of this paragraph, a section 27 certificate is to have effect—

(a) where the application for the certificate is granted on or after 1st September 2007, for a period of 5 years beginning on the date on which the certificate is issued; or

(b) in any other case, until the date on which, as the certificate had effect immediately before 1st September 2007, it was due to expire in accordance with paragraph 3 of Schedule 6 to the 1968 Act.

(2) Where the holder of a section 27 certificate applies for a gaming machine technical operating licence at least two months before the date on which the certificate is due to expire, the certificate is not to cease to have effect by virtue of sub-paragraph (1) before that application is finally determined or is withdrawn.

(3) A section 27 certificate is to cease to have effect before the date determined in accordance with sub-paragraph (1) if before that date the holder of the certificate is granted a gaming machine technical operating licence.

(4) Where sub-paragraph (3) applies, the certificate is to cease to have effect immediately before the gaming machine technical operating licence has effect.

(5) This paragraph is without prejudice to sections 113 to 115 and 119 of the 2005 Act (which provide respectively for the surrender, lapse, forfeiture and revocation of operating licences) as those sections have effect in relation to section 27 certificates by virtue of paragraphs 20 and 21.

Section 19 Duration of section 27 permits

(1) Subject to sub-paragraph (2), a section 27 permit is to have effect until the date on which, as it had effect immediately before 1st September 2007, the permit was due to expire.

(2) A section 27 permit is to cease to have effect if before that date the holder of the permit is granted a single-machine supply and maintenance permit under section 250 of the 2005 Act in respect of the gaming machine to which the section 27 permit relates.

(3) Where sub-paragraph (2) applies, the permit is to cease to have effect immediately before the permit under section 250 of the 2005 Act has effect.

Section 20 Application of the Gambling Act 2005 to section 27 certificates

(1) The 2005 Act is to apply to a section 27 certificate having effect on or after 1st September 2007 with the modifications specified in the following provisions of this paragraph and in paragraph 21.

(2) Section 33 (which makes it an offence to provide facilities for gambling without the appropriate authorisation) is to have effect as if it provided for subsection (1) of that section also not to apply to any activity by a person if—

(a) he holds a section 27 certificate, or is acting as the servant or agent of any person who holds such a certificate,

(b) the activity is authorised by the certificate, and

(c) in carrying out the activity he complies with any relevant operating licence conditions.

(3) Sections 113 to 115 are to apply to section 27 certificates and the holders of such certificates as they apply to gaming machine technical operating licences and the holders of such licences.

(4) Section 243 (which makes it an offence to manufacture, supply, install etc. a gaming machine without the appropriate authorisation) is to have effect as if it provided for a person not to commit the offence under subsection (1) of that section if—

(a) he holds a section 27 certificate or is acting as the servant or agent of any person who holds such a certificate, and

(b) the activity is authorised by the certificate, and

(c) in carrying out the activity he complies with any relevant operating licence conditions.

(5) Section 308 (which provides for the inspection of premises used by an operating licence holder) is to apply to section 27 certificates and the holders of such certificates as it applies to gaming machine technical operating licences and the holders of such licences with the modifications specified in sub-paragraph (7).

(6) In section 308, in relation to a section 27 certificate—

(a) any reference to the licensed activities is to have effect as a reference to the activities authorised by the certificate, and

(b) in subsection (3), the reference to the terms and conditions of the operating licence is to have effect as a reference to any relevant operating licence conditions having effect in relation to the certificate.

(7) In this paragraph, “relevant operating licence conditions” has the meaning given by paragraph 17(6).

Section 21 Application of review provisions to section 27 certificates

(1) Sections 116 to 122 of the 2005 Act (which make provision with respect to the review of operating licences) are to apply to section 27 certificates and the holders of such certificates as they apply to gaming machine technical operating licences and the holders of such licences, but with the modifications specified in the following provisions of this paragraph.

(2) In section 116 (scope of Gambling Commission’s powers to carry out a review)—

(a) in subsection (1)–

(i) the reference to the licensed activities is to have effect as a reference to the activities authorised by the section 27 certificate; and

(ii) the reference to ensuring compliance with conditions attached under section 75, 77 or 78 is to have effect as a reference to ensuring compliance with any relevant operating licence conditions; and

(b) in subsection (2)–

(i) the reference to activities carried on otherwise than in accordance with a condition of the operating licence is to have effect as a reference to activities carried on otherwise than in accordance with any relevant operating licence conditions, and

(ii) references to the licensed activities are to have effect as references to the activities authorised by the section 27 certificate.

(3) Following a review under either subsection (1) or (2) of section 116, the Gambling Commission may—

(a) attach an additional condition to the certificate, or

(b) remove or amend a condition attached under this sub-paragraph as a result of a previous review under either subsection.

(4) Subsection (1) of section 117 (regulatory powers of the Gambling Commission on a review) is to have effect—

(a) as if paragraph (b) provided for the Gambling Commission to have power to attach an additional condition to the certificate under sub-paragraph (3) above,

(b) as if paragraph (c) provided for the Gambling Commission to have power to remove or amend a condition attached to the certificate under that sub-paragraph, and

(c) as if paragraph (d) were omitted.

(5) Section 118 (powers of Gambling Commission to suspend an operating licence following a review) is to have effect with the omission of subsection (3).

(6) Section 119 (powers of Gambling Commission to revoke an operating licence following a review) is to have effect with the omission of subsections (2) and (3).

(7) Section 120 (which specifies the conditions which are to apply if the Gambling Commission is to exercise its powers to suspend or revoke an operating licence) is to have effect with the omission of subsection (2) and in that section—

(a) in subsection (1)(b), the reference to a condition of the licence having been breached is to have effect as a reference to a relevant operating licence condition having been breached; and

(b) in subsections (1)(d) and (3), a reference to the licensed activities is to have effect as a reference to the activities authorised by the section 27 certificate.

(8) In section 121 (which enables the Gambling Commission to impose financial penalties on operating licence holders) any reference (however expressed) to a breach of a condition of an operating licence is to have effect as a reference to a breach of a relevant operating licence condition.

(9) In section 122 (which enables the Gambling Commission to require an operating licence holder to provide information)—

(a) In subsections (1)(c) and (4)(b), a reference to the licensed activities is to have effect as a reference to the activities authorised by the section 27 certificate; and

(b) In subsection (4)(a), the reference to activities carried on otherwise than in accordance with a condition of the operating licence is to have effect as a reference to activities carried on otherwise than in accordance with any relevant operating licence condition.

(10) Section 141 of the 2005 Act (which provides for appeals to the Gambling Appeals Tribunal) is to have effect in relation to a section 27 certificate as if—

(a) in subsections (6) to (8), references to the Gambling Commission taking action, or determining to take action, under section 117, 118 or 119 included references to the Gambling Commission taking action, or determining to take action, under any of those sections in relation to the certificate;

(b) in subsection (9), the reference to the Gambling Commission giving notice of a penalty under section 121(4) included giving such a notice in relation to the certificate; and

(c) references to a licensee in those subsections included a reference to the holder of the certificate.

(11) In this paragraph, “relevant operating licence conditions” has the meaning given by paragraph 17(6).

Section 22 Application of the Gambling Act 2005 to section 27 permits

(1) The 2005 Act is to apply to a section 27 permit having effect on or after 1st September 2007 with the modifications specified in the following provisions of this paragraph.

(2) Subsection (1) of section 250 is to have effect as if the reference to a permit under that section included a reference to a section 27 permit.

(3) In section 243(1), the reference to section 250 is to have effect as a reference to that section as modified by sub-paragraph (2).

Section 23 Continuation of permits granted under section 34 of the Gaming Act 1968 in respect of alcohol licensed premises

(1) This paragraph applies to a permit under section 34 of the 1968 Act (which makes provision with respect to the use for gaming of machines to which Part 3 of that Act applies) granted by the authority mentioned in sub-paragraph (a) or (c) of paragraph 1 of Schedule 9 to the 1968 Act which—

(a) is in force immediately before 1st September 2007, or

(b) (if not so in force) is granted or renewed on or after that date.

(2) A permit to which this paragraph applies is referred to in this paragraph and in paragraphs 24 to 26 as an alcohol licensed premises gaming machine permit.

(3) An alcohol licensed premises gaming machine permit is to have effect on and after 1st September 2007.

(4) Where an alcohol licensed premises gaming machine permit has effect in accordance with sub-paragraph (3), its effect is to authorise the holder to make available on the premises to which the permit relates a number of Category C or D gaming machines equal to the number of AWP machines which the permit would have authorised him to make available under the 1968 Act.

(5) An alcohol licensed premises gaming machine permit is to be subject to the conditions that any gaming machine must—

(a) be located on premises which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and

(b) be made available for use only at a time when (as the case may be)–

(i) alcohol may be supplied in reliance on the premises licence under Part 3 of the Licensing Act 2003 , or

(ii) alcohol may be sold for consumption on the premises in reliance on the relevant Scottish licence .

(6) In this paragraph and in paragraph 27, “AWP machine” means a machine—

(a) to which Part 3 of the 1968 Act applies,

(b) which is used for gaming (within the meaning of that Act), and

(c) which complies with the conditions specified in subsections (2), (3) and (5) of section 34 of that Act or those specified in subsections (5B) to (5C) of that section .

Section 24 Duration of alcohol licensed premises gaming machine permits

(1) Subject to the following provisions of this paragraph, an alcohol licensed premises gaming machine permit is to have effect until—

(a) in a case falling within paragraph 23(1)(a), whichever is the earlier of—

(i) 31st August 2010, or

(ii) the date on which the permit, as it had effect immediately before 1st September 2007, was due to expire in accordance with paragraph 18 of Schedule 9 to the 1968 Act; or

(b) in a case falling within paragraph 23(1)(b), for a period of 3 years beginning on the date on which the permit is granted or renewed.

(2) Where in a case falling within paragraph 23(1)(a)—

(a) the permit has effect immediately before 1st September 2007 by virtue of paragraph 19 of Schedule 9 to the 1968 Act; and

(b) the application under Schedule 9 to that Act for the renewal of the permit is granted on or after that date,

the permit is to have effect until 31st August 2010.

(3) Where the holder of a permit under section 34 of the 1968 Act granted by the authority mentioned in sub-paragraph (a) or (c) of paragraph 1 of Schedule 9 to the 1968 Act applies for a licensed premises gaming machine permit ... before the date on which the permit under section 34 of the 1968 Act is due to expire, the permit is not to cease to have effect by virtue of sub-paragraph (1) or (2) until the application for the licensed premises gaming machine permit is determined or is withdrawn.

(4) An alcohol licensed premises gaming machine permit is to cease to have effect before the date referred to in sub-paragraph (1) if before that date—

(a) the holder of the permit is granted a licensed premises gaming machine permit; or

(b) section 282 of the 2005 Act (which enables up to 2 Category C or D gaming machines to be made available in alcohol licensed premises) applies to the premises specified in the permit.

(5) Where sub-paragraph (4) applies, the permit is to cease to have effect immediately before the licensed premises gaming machine permit or section 282 of the 2005 Act has effect in relation to the premises specified in the permit.

(6) This paragraph is subject to paragraphs 25(8), 28(5) and 29(4) and (5).

Section 25 Application of the Gambling Act 2005 to alcohol licensed premises gaming machine permits

(1) The 2005 Act is to apply to an alcohol licensed premises gaming machine permit having effect on or after 1st September 2007 with the modifications specified in the following provisions of this paragraph.

(2) Subsections (1), (3) and (4) of section 283 of the Act (which enables Category C and D gaming machines to be made available under the authority of a licensed premises gaming machine permit) are to have effect as if the reference to a licensed premises gaming machine permit included a reference to an alcohol licensed premises gaming machine permit.

(3) In sections 37(7)(e) and 242(1) (which make it an offence respectively to use premises for providing facilities for gambling and to make gaming machines available for use), the reference to section 283 is to have effect as a reference to that section as modified by sub-paragraph (2).

(4) The provisions of Schedule 13 to the 2005 Act (which relates to licensed premises gaming machine permits) specified in sub-paragraph (5) are to apply to an alcohol licensed premises gaming machine permit as they apply to a licensed premises gaming machine permit.

(5) The provisions of Schedule 13 referred to in sub-paragraph (4) are paragraphs 7(2), 8, 10 to 14, 16, 18 to 20 and 21 (as that last paragraph has effect for the purposes of appeals under sub-paragraph (1)(c) of that paragraph).

(6) In paragraphs 7(2), 11, 16, 18(4), 19(4) and (5), and 21(3) of Schedule 13, any reference to the licensing authority is to have effect as a reference to the licensing authority which in its capacity as a licensing authority under the Licensing Act 2003 granted the premises licence under Part 3 of the Licensing Act 2003 in respect of the premises to which the permit relates.

(7) Sub-paragraph (6) is subject to paragraph 26(4).

(8) Paragraph 12 of Schedule 13 is to have effect as if it provided for a permit to continue to have effect until the date determined in accordance with paragraph 24 above, unless and until it ceases to have effect before that time in accordance with any of the provisions of that Schedule specified in sub-paragraph (5).

Section 26 Continuation of alcohol licensed premises gaming machine permits: application of the Gambling Act 2005 in relation to permits in Scotland

(1) Despite Schedule 13 to the 2005 Act not applying in relation to Scotland, the provisions of that Schedule specified in sub-paragraph (5) of paragraph 25 (other than paragraphs 19 and 20 of that Schedule) are to apply to alcohol licensed premises gaming machine permits issued in Scotland.

(2) The provisions of Schedule 13 to the 2005 Act referred to in sub-paragraph (1) are to apply to alcohol licensed premises gaming machine permits issued in Scotland with—

(a) the modification specified in sub-paragraph (8) of paragraph 25, and

(b) the modifications specified in sub-paragraphs (3) and (4) below.

(3) In relation to alcohol licensed premises gaming machine permits issued in Scotland—

(a) paragraph 13 of Schedule 13 is to have effect as if any reference to an on-premises alcohol licence was to a relevant Scottish licence ;

(b) paragraph 18(2)(c) of that Schedule is to have effect as if the reference to the High Court was a reference to the Court of Session; and

(c) paragraph 21 of that Schedule is to have effect as if—

(i) sub-paragraph (2)(a) referred to a sheriff within whose sheriffdom the premises to which the permit relates are wholly or partly situated;

(ii) sub-paragraph (2)(b) was omitted;

(iii) the reference in sub-paragraph (3) to the magistrates’ court was to the sheriff; and

(iv) the reference in sub-paragraph (3) to costs was to expenses.

(4) Any reference to the licensing authority in the provisions of Schedule 13 to the 2005 Act mentioned in paragraph 25(6) is to have effect as a reference to the licensing authority which in its capacity as a licensing board under the Licensing (Scotland) Act 1976 granted the relevant Scottish licence in respect of the premises to which the permit relates.

Section 27 Conversion of permits under section 34 of the Gaming Act 1968 into licensed premises gaming machine permits

(1) This paragraph applies where—

(a) the holder of a permit under section 34 of the 1968 Act—

(i) granted by the authority mentioned in sub-paragraph (a) or (c) of paragraph 1 of Schedule 9 to the 1968 Act, or

(ii) granted by the authority mentioned in sub-paragraph (d) of that paragraph in respect of premises in respect of which a relevant Scottish licence has effect,

applies for a licensed premises gaming machine permit;

(b) that permit authorises the holder to make available a number of gaming machines, being a number which is greater than two;

(c) that permit is due to expire in accordance with paragraph 24(1) or (2) , or (as the case may be) paragraph 31(5) or (5A), on a date on or after 1st September 2007;

(cc) the application for the licensed premises gaming machine permit relates to the same or substantially the same premises as those in respect of which the permit under section 34 of the 1968 Act has effect;

(d) the application for the licensed premises gaming machine permit is made ... before the date on which the permit under section 34 of the 1968 Act is due to expire in accordance with paragraph 24(1) or (2) or (as the case may be) paragraph 31(5) or (5A) ; and

(e) (where the applicant holds a premises licence under Licensing Act 2003 in respect of the premises to which the application relates) the application for the licensed premises gaming machine permit complies with sub-paragraphs (b), (c), and (e) of paragraph 2 of Schedule 13 to the 2005 Act.

(2) In sub-paragraph (1)(b) the reference to gaming machines is—

(a) in relation to any time before 1st September 2007, to AWP machines, and

(b) in relation to any time on or after that date, to Category C or D gaming machines.

(3) Sub-paragraph (1) applies whether the application is made before, on or after 1st September 2007.

(4) If the application is in respect of a number of gaming machines which does not exceed the number of AWP machines or Category C or D gaming machines authorised by the permit under section 34 of the 1968 Act (referred to in this paragraph as “the authorised number”), the licensing authority must grant the application.

(5) If the application is in respect of a number of gaming machines which is greater than the authorised number, the licensing authority must grant the application in respect of a number of gaming machines which is no smaller than the authorised number.

(6) In a case to which sub-paragraph (5) applies, where the number of Category C gaming machines specified in the application does not exceed the relevant number , the licensing authority may not grant the application in respect of a smaller number of Category C gaming machines than that specified in the application.

(6A) In sub-paragraph (6), the relevant number is the authorised number unless the authorised number is less than two, in which case the relevant number is two.

(7) Where the application referred to in sub-paragraph (1) is made before 1st September 2007—

(a) the licensing authority must not grant the application for the licensed premises gaming machine permit until that date, and

(b) sub-paragraphs (4) to (6) are not to apply if the permit under section 34 of the 1968 Act ceases to have effect before 1st September 2007.

(8) Sub-paragraphs (4) to (6) also do not apply where, after the application for the licensed premises gaming machine permit has been made, the permit under section 34 of the 1968 Act is cancelled or forfeited under paragraph 16 or 18 of Schedule 13 to the 2005 Act (as those provisions have effect by virtue of paragraph 25(4) above).

(9) Where the premises to which the permit under section 34 of the 1968 Act relates are situated in England or Wales, sub-paragraphs (4) to (6) are to be subject to paragraph 6(1) of Schedule 13 to the 2005 Act (which prohibits the grant of a licensed premises gaming machine permit to a person who does not hold an on-premises alcohol licence).

Section 28 Failure to make the application for a licensed premises gaming machine permit in the appropriate form or manner

(1) This paragraph applies to any application for a licensed premises gaming machine permit made to a licensing authority in England or Wales which meets the conditions in paragraphs (a) to (e) of paragraph 27(1) above, but does not comply with a requirement imposed under sub-paragraph (a) or (d) of paragraph 2 of Schedule 13 to the 2005 Act.

(2) Where the licensing authority give notice in writing to the applicant requesting him to do anything which is necessary for the purposes of complying with any such requirement, the licensing authority are to cease to be under a duty by virtue of paragraph 27(4) to (6) to grant the application, or to grant the application in respect of a specified number and type of gaming machines, until such time as the applicant complies with the request.

(3) The applicant must comply with any request made under sub-paragraph (2) within such period as may be specified in the notice (such period not being less than 14 days from the date on which the notice is received).

(4) Sub-paragraph (5) applies where the applicant fails to comply with the notice within the period referred to in sub-paragraph (3).

(5) Where an alcohol licensed premises gaming machine permit has effect in respect of the premises to which the application relates—

(a) paragraph 24(3) is not to apply to the permit, and

(b) if the permit has effect by virtue of that provision, the permit is to lapse on the expiry of the period referred to in sub-paragraph (3).

Section 29 Applications for conversion of permits under section 34 of the Gaming Act 1968: provisions applying to Scotland

(1) This paragraph is only to have effect if on 1st August 2007 regulations under section 285(1)(b) of the 2005 Act are not in force setting out provisions which are to have effect in place of Schedule 13 to that Act in relation to an application for a licensed premises gaming machine permit where the applicant is the holder of a relevant Scottish licence .

(2) Sub-paragraph (3) modifies the effect of paragraph 27 in relation to such an application where—

(a) the person making the application holds a permit under section 34 of the 1968 Act in respect of the premises to which the application relates, and

(b) that permit is due to expire in accordance with paragraph 24(1) or 31(5) on a date which is no more than one month after the date on which the provisions referred to in sub-paragraph (1) come into force.

(3) Paragraph (d) of paragraph 27(1) is to have effect as if it required the application for the licensed premises gaming machine permit to be made on or before the date which is one month after the date on which the provisions referred to in paragraph (1) come into force.

(4) Where—

(a) a permit under section 34 of the 1968 Act in respect of premises is held by a person who also holds a relevant Scottish licence in respect of the premises, and

(b) that permit is due to expire in accordance with paragraph 24(1) or 31(5) on a date which is before the date referred to in sub- paragraph (3) ,

then (subject to sub-paragraph (5)) paragraph 24(1) or 31(5) is to have effect as if it provided for the permit to continue in force until the date referred to in sub- paragraph (3) .

(5) Where in a case falling within sub-paragraph (4)—

(a) the holder of the permit under section 34 of the 1968 Act applies for a licensed premises gaming machine permit, and

(b) that application meets the conditions in paragraphs (a) to (e) of paragraph 27(1) (as modified by sub-paragraph (3)),

the permit under section 34 of the 1968 Act is not to cease to have effect by virtue of sub-paragraph (4) until the application for the licensed premises gaming machine permit is determined or is withdrawn.

Section 30 Special provision with respect to alcohol licensed premises within tracks in England and Wales

(1) This paragraph applies where—

(a) a person holds a permit under section 34 of the 1968 Act granted by the authority mentioned in sub-paragraph (a) or (c) of paragraph 1 of Schedule 9 to the 1968 Act, and

(b) the premises to which that permit relates form part of a track, and are situated in England or Wales.

(2) Where—

(a) the holder of the permit applies for a licensed premises gaming machine permit, and

(b) the application is one to which paragraph 27 applies,

Schedule 13 to the 2005 Act is to have effect in relation to that application as if paragraph 1(2) of that Schedule were omitted.

Section 31 Continuation of other permits granted under section 34 of the Gaming Act 1968

(1) This paragraph applies to a permit under section 34 of the 1968 Act granted by the authority mentioned in paragraph 1(b) or (d) of Schedule 9 to that Act in respect of non-amusement premises which—

(a) is in force immediately before 1st September 2007, or

(b) (if not so in force) is granted or renewed on or after that date.

(2) A permit to which this paragraph applies is referred to in this paragraph and in paragraphs 32 and 33 as a Category D gaming machine permit.

(3) A Category D gaming machine permit is to continue to have effect on and after 1st September 2007.

(4) Where a Category D gaming machine permit has effect in accordance with sub-paragraph (3), it is to authorise the holder to make available on the premises to which the permit relates a number of Category D gaming machines equal to the number of lower value AWP machines which the permit would have authorised him to make available under the 1968 Act.

(5) A Category D gaming machine permit is to have effect until—

(a) in a case falling within paragraph (a) of sub-paragraph (1), whichever is the earlier of 31st July 2009 or the relevant expiry date; or

(b) in a case falling within paragraph (b) of that sub-paragraph, 31st July 2009.

(5A) Where in a case falling within sub-paragraph (5)(a)—

(a) the permit has effect immediately before 1st September 2007 by virtue of paragraph 19 of Schedule 9 to the 1968 Act; and

(b) the application under that Schedule for the renewal of the permit is granted on or after that date,

the permit is to have effect until 31st July 2009.

(6) Sub-paragraphs (5) and (5A) are subject to paragraph 33(8).

(7) In this paragraph—

(a) “lower value AWP machine” means a machine—

(i) to which Part 3 of the 1968 Act applies,

(ii) which is used for gaming (within the meaning of that Act), and

(iii) which complies with the conditions mentioned in subsection (1) of section 34 of that Act;

(b) “non-amusement premises” means any premises other than amusement machine premises; and

(c) “relevant expiry date”, in relation to a Category D gaming machine permit, means the date on which, as it had effect immediately before 1st September 2007, the permit was due to expire.

Section 32 Continuation of Category D gaming machine permits: provision of information where permit issued in Scotland

(1) This paragraph applies to a Category D gaming machine permit which was granted in Scotland by the appropriate authority mentioned in paragraph 1(d) of Schedule 9 to the 1968 Act (being a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ).

(2) The council which granted the permit must on the relevant date, or as soon as practicable after that date, provide the relevant licensing board with the information specified in sub-paragraph (3).

(3) The information to be provided is—

(a) the name and address of the permit holder,

(b) the premises to which the permit relates,

(c) the date on which the permit was granted or last renewed, and

(d) in a case falling within paragraph 31(1)(a), the date on which, as it had effect immediately before 1st September 2007, the permit was due to expire.

(4) In this paragraph—

(a) a reference to the relevant date is to—

(i) 1st September 2007, or

(ii) in a case falling within paragraph 31(1)(b), the date on which the permit is granted; and

(b) a reference to the relevant licensing board is to the licensing authority under the 2005 Act in whose area the premises to which the permit relates are situated.

Section 33 Application of the Gambling Act 2005 to Category D gaming machine permits

(1) The 2005 Act is to apply to a Category D gaming machine permit on or after 1st September 2007 with the modifications specified in the following provisions of this paragraph.

(2) Subsection (1) of section 247 (which provides for Category D gaming machines to be made available under the authority of a family entertainment centre gaming machine permit) is to have effect as if the reference to a family entertainment centre gaming machine permit included a reference to a Category D gaming machine permit.

(3) In sections 37(7)(c) and 242(1) (which make it an offence respectively to use premises for providing facilities for gambling or to make gaming machines available for use), the reference to section 247 is to have effect as a reference to that section as modified by sub-paragraph (2).

(4) Section 309(2) (which provides for the inspection of premises in respect of which a family entertainment centre gaming machine permit has effect) is to have effect as if any reference to a family entertainment centre gaming machine permit included a reference to a Category D gaming machine permit.

(5) The provisions of Schedule 10 to the 2005 Act (which relates to family entertainment centre gaming machine permits) specified in sub-paragraph (6) are to apply to a Category D gaming machine permit as they apply to a family entertainment centre gaming machine permit.

(6) The provisions of Schedule 10 referred to in sub-paragraph (5) are paragraphs 11(2), 12(a), 13(1), 15 to 17, 19 to 21 and 22 (as that last paragraph has effect for the purposes of appeals under sub-paragraph (1)(c) of that paragraph).

(7) In paragraphs 11(2), 15(1), 16, 17(4) and 21 of Schedule 10 to the 2005 Act, any reference to the licensing authority is to have effect as a reference to the licensing authority in whose area the premises to which the permits relates are situated.

(8) Paragraph 12(a) of Schedule 10 to the 2005 Act is to have effect as if it provided for the permit to cease to have effect on the date determined in accordance with paragraphs 31(5) and (5A) above unless it ceases to have effect before that time in accordance with any of the provisions of that Schedule specified in sub-paragraph (6).

(9) Paragraph 13(1) of Schedule 10 to the 2005 Act is to have effect as if the reference to the premises specified under paragraph 11(1)(b) of that Schedule was a reference to the premises specified in the Category D gaming machine permit.

Section 34 Licences etc. issued under the Gambling Act 2005 before 1st September 2007

(1) Where a licence or permit is issued under the 2005 Act before 1st September 2007 (including where it is issued by virtue of a provision of this Schedule), it is not to take effect until that date.

(2) Sub-paragraph (1) is subject to paragraph 52 (which relates to personal licences issued before 1st September 2007).

Section 35 Operating licences issued before 1st September 2007

(1) Where an operating licence is issued before 1st September 2007, section 100(1) of the 2005 Act (which makes operating licences subject to an annual fee) is to have effect in relation to the licence as if it provided for the holder to pay—

(a) a first annual fee to the Gambling Commission within the relevant period after 1st September 2007, and

(b) an annual fee to the Commission before 1st September in each year following 2007.

(2) In sub-paragraph (1), the relevant period is a period equal in length to the period prescribed for the purposes of section 100(1)(a) of the 2005 Act (as that provision has effect in relation to operating licences issued on or after 1st September 2007).

Section 36 Premises licences issued before 1st September 2007

(1) Where a premises licence is issued before 1st September 2007, section 184(1) of the 2005 Act (which makes premises licences subject to an annual fee) is to have effect in relation to the licence as if it provided for the holder to pay—

(a) a first annual fee to the licensing authority within the relevant period after 1st September 2007, and

(b) an annual fee to the licensing authority before 1st September in each year following 2007.

(2) In sub-paragraph (1), the relevant period is a period equal in length to the period prescribed for the purposes of section 184(1)(a) of the 2005 Act (as that provision has effect in relation to premises licences issued on or after 1st September 2007 and which take effect on the date of issue ).

Section 37 Club gaming and machine permits issued before 1st September 2007

(1) Where a club gaming or club machine permit is issued before 1st September 2007, paragraph 14(1) of Schedule 12 to the 2005 Act (which makes club gaming and machine permits subject to an annual fee) is to have effect in relation to the permit as if it provided for the holder to pay—

(a) a first annual fee to the issuing licensing authority within the relevant period after 1st September 2007, and

(b) an annual fee to the issuing licensing authority before 1st September in each year following 2007.

(2) In sub-paragraph (1), the relevant period is a period equal in length to the period prescribed for the purposes of paragraph 14(1)(a) of Schedule 12 to the 2005 Act (as that provision has effect in relation to permits issued on or after 1st September 2007 and which take effect on the date of issue ).

(3) Where a club gaming or club machine permit is issued before 1st September 2007, paragraph 17(1) of Schedule 12 to the 2005 Act (which provides for the duration of club gaming and machine permits) is to have effect in relation to the permit as if it provided for the permit to cease to have effect at the end of the period of ten years beginning on that date unless—

(a) it ceases to have effect before that time in accordance with a provision of that Schedule, or

(b) it is renewed in accordance with paragraph 24 of that Schedule.

Section 38 Licensed premises gaming machine permits issued before 1st September 2007

(1) Where a licensed premises gaming machine permit is issued before 1st September 2007, paragraph 9(1) of Schedule 13 to the 2005 Act (which makes licensed premises gaming machine permits subject to an annual fee) is to have effect in relation to the permit as if it provided for the holder to pay—

(a) a first annual fee to the issuing licensing authority within the relevant period after 1st September 2007, and

(b) an annual fee to the issuing licensing authority before 1st September in each year following 2007.

(2) In sub-paragraph (1), the relevant period is a period equal in length to the period prescribed for the purposes of paragraph 9(1)(a) of Schedule 13 to the 2005 Act (as that provision has effect in relation to permits issued on or after 1st September 2007 and which take effect on the date of issue ).

Section 39 Meaning of existing operator

(1) This paragraph specifies the circumstances in which a person making an advance application for an operating licence is to be treated for the purposes of this Part as an existing operator.

(2) Where the advance application is for a remote or non-remote casino operating licence, a person is an existing operator if on the date on which the advance application is made—

(a) he holds a certificate of consent issued under paragraph 4 of Schedule 2 to the 1968 Act for the purposes of the grant of a casino licence; or

(b) he is applying for such a certificate and the application has not been withdrawn or refused.

(3) Where the advance application is for a remote or non-remote casino operating licence, a person (referred to in this sub-paragraph as “the first person”) is also an existing operator if on the date on which the advance application is made—

(a) another person holds a certificate of consent issued under paragraph 56 of Schedule 2 to the 1968 Act , and the certificate relates to the transfer to the first person of a casino licence; or

(b) that other person is applying for such a certificate and the application has not been withdrawn or refused.

(4) Where the advance application is for a remote or non-remote bingo operating licence, a person is an existing operator if on the date on which the advance application is made—

(a) he holds a certificate of consent issued under paragraph 4 of Schedule 2 to the 1968 Act for the purposes of the grant of a bingo club licence; or

(b) he is applying for such a certificate and the application has not been withdrawn or refused.

(5) Where the advance application is for a remote or non-remote bingo operating licence, a person (referred to in this sub-paragraph as “the first person”) is also an existing operator if on the date on which the advance application is made—

(a) another person holds a certificate of consent issued under paragraph 56 of Schedule 2 to the 1968 Act, and the certificate relates to the transfer to the first person of a bingo club licence; or

(b) that other person is applying for such a certificate and the application has not been withdrawn or refused.

(6) Where the advance application is for a remote bingo operating licence, a person is also an existing operator if on the date on which the advance application is made—

(a) he holds a multiple bingo certificate issued under the Schedule to the Gaming (Bingo) Act 1985 , or

(b) he is applying to the Gambling Commission for such a certificate and the application has not been withdrawn or refused.

(7) Subject to sub-paragraph (7A) where the advance application is for a remote or non-remote general betting operating licence, a person is an existing operator if on the date on which the advance application is made—

(a) he holds a bookmaker’s permit or a betting agency permit issued under Schedule 1 to the 1963 Act; or

(b) he is applying to the appropriate authority for such a permit, and the application (including any appeal) has not been withdrawn or finally determined.

(7A) The Horserace Totalisator Board is an existing operator in relation to any advance application the Board makes for a remote or non-remote general betting operating licence.

(8) Subject to sub-paragraph (9), where the advance application is for a remote or non-remote pool betting operating licence, a person is an existing operator if on the date on which the advance application is made—

(a) he is registered as a pool promoter under Schedule 2 to the 1963 Act; or

(b) he is applying to be so registered, and the application (including any appeal) has not been withdrawn or finally determined.

(9) Where the advance application is for a non-remote pool betting operating licence to authorise the provision of facilities for pool betting in connection with dog-racing, a person is an existing operator if on the date on which the advance application is made any of sub-paragraphs (10) to (12) applies.

(10) This sub-paragraph applies where the applicant for the non-remote pool betting operating licence—

(a) holds a track betting licence issued under that Schedule; or

(b) he is applying to the appropriate authority for such a licence, and the application (including any appeal) has not been withdrawn or finally determined.

(11) This sub-paragraph applies where—

(a) another person who holds a track betting licence is applying for the transfer of that licence to the applicant for the non-remote pool betting operating licence, and

(b) the application has not been finally determined.

(12) This sub-paragraph applies where the applicant for the non-remote pool betting operating licence operates a totalisator under the written authority of the occupier of a track given under section 16(1) of the 1963 Act .

(13) Where the advance application is for a remote pool betting operating licence to authorise the provision of facilities for pool betting in connection with dog-racing, a person is an existing operator if on the date on which the advance application is made—

(a) he holds a licence for an inter-track betting scheme granted under Schedule 5ZA to the 1963 Act ; or

(b) he is applying for such a licence, and the application (including any appeal) has not been withdrawn or finally determined.

(14) Where the advance application is for a gaming machine general operating licence in respect of an adult gaming centre or a family entertainment centre, a person is an existing operator if on the date on which the advance application is made—

(a) he holds a permit under section 34 of the 1968 Act—

(i) granted by one of the authorities mentioned in paragraph 1(b) or (d) of Schedule 9 to that Act in respect of amusement machine premises; and

(ii) which is expressed to be granted for the purposes of subsection (5E) of that section ; or

(b) he is applying to the appropriate authority for such a permit, and the application (including any appeal) has not been withdrawn or finally determined.

(15) Where the advance application is for a remote or non-remote lottery operating licence of the kind described in section 98(2)(c) of the 2005 Act (a lottery manager’s operating licence), a person is an existing operator if on the date on which the advance application is made—

(a) he holds a lottery manager’s certificate granted under Schedule 2A to the 1976 Act ; or

(b) he is applying for such a certificate, and the application has not been withdrawn or finally determined.

Section 40 Interim operating licences

(1) This paragraph applies where—

(a) an advance application for an operating licence is made by a person who is an existing operator in respect of one or more of the kinds of operating licence to which the application relates;

(b) the application is made before 28th April 2007; and

(c) the application complies with section 69(2)(g) and (3) of the 2005 Act.

(2) This paragraph also applies where—

(a) a person makes an advance application for an operating licence and the application is for, or includes an application for—

(i) a betting intermediary operating licence,

(ii) a gaming machine technical operating licence where the activity specified in the application is restricted to the manufacture of gaming machines or parts of gaming machines,

(iii) a gaming machine technical operating licence where the activities specified in the application are restricted to the installation, adaptation, maintenance or repair of gaming machines or parts of gaming machines otherwise than for valuable consideration, or

(iv) a gambling software operating licence;

(b) the application is made before 28th April 2007; and

(c) the application complies with section 69(2)(g) and (3) of the 2005 Act.

(3) The Gambling Commission must determine any such application within a period of four months beginning on the date on which the application is made.

(4) If the application is not finally determined within the period referred to in sub-paragraph (3), the applicant is to be treated, from the day immediately following that period until such time as the application is finally determined, as if he had been issued with an operating licence of the same description as that being applied for.

(5) Where—

(a) the application is for an operating licence of more than one of the kinds described in section 65(2) of the 2005 Act, and

(b) the applicant is an existing operator in respect of one or more, but not all, of the kinds of licence for which the application is made,

sub-paragraph (4) only has effect to provide for the grant of an operating licence of those kinds in respect of which the applicant is an existing operator.

(6) For the purposes of sub-paragraph (5), a person who makes an application to which sub-paragraph (2) applies is to be treated as an existing operator in relation to any part of the application falling within sub-paragraphs (i) to (iii) of paragraph (a) of that sub-paragraph.

(7) An operating licence granted by virtue of sub-paragraph (4) is referred to in this Schedule as an interim operating licence.

(8) Sub-paragraphs (3) and (4) are not to apply where a permit, registration or certificate, by virtue of which a person making an application for an operating licence qualifies as an existing operator, is revoked or cancelled before the end of the period referred to in sub-paragraph (3).

(9) Where such a permit, registration or certificate is revoked or cancelled after the end of that period but before the application for the operating licence is determined, any interim operating licence deemed to have been issued to the applicant by virtue of sub-paragraph (4) is to lapse.

(10) For the purposes of sub-paragraphs (8) and (9), a permit or registration is not to be treated as being revoked or cancelled until any period for appealing against that decision has elapsed; and, if an appeal is made, it is not to be treated as being revoked or cancelled unless and until the appeal is dismissed or abandoned.

(11) Sub-paragraphs (8) and (9) are subject to sub-paragraphs (12) and (13).

(12) Where in a case to which sub-paragraph (8) or (9) applies—

(a) the application is for an operating licence of more than one of the kinds described in section 65(2) of the 2005 Act, and

(b) the applicant is an existing operator in respect of more than one of the kinds of operating licence to which the application relates,

sub-paragraphs (8) and (9) are not to apply to the application, or any interim operating licence issued on the application, to the extent that the application is for a kind of operating licence where the applicant qualifies as an existing operator otherwise than by virtue of the permit, registration or certificate referred to in sub-paragraph (8).

(13) Sub-paragraphs (8) and (9) are not to apply where, notwithstanding the revocation or cancellation of a permit or certificate, the person making the application for an operating licence qualifies as an existing operator by reason of holding the same kind of permit or certificate in respect of different premises.

Section 41 Modifications where the applicant qualifies as an existing operator because he is applying for a permission under the existing legislation

(1) This paragraph applies where a person qualifies as an existing operator in relation to a particular kind of operating licence only by reason of the fact that—

(a) on the date on which the application for an operating licence is made—

(i) he is applying to the Gambling Commission for a certificate of consent for the grant of a casino or bingo club licence, or

(ii) another person is applying under paragraph 56 of Schedule 2 to the 1968 Act for a certificate of consent to the transfer of a casino or bingo club licence to him;

(b) on that date he is applying to the Gambling Commission for a lottery manager’s certificate under Schedule 2A to the 1976 Act;

(c) on that date he is applying to the Gambling Commission for a multiple bingo certificate under the Schedule to the Gaming (Bingo) Act 1985;

(d) on that date he is applying for—

(i) a bookmaker’s or betting agency permit under the 1963 Act,

(ii) registration as a pool promoter under the 1963 Act, or

(iii) a permit under section 34 of the 1968 Act; or

(e) on that date—

(i) he is applying under Schedule 3 to the 1963 Act for a track betting licence, or

(ii) another person is applying for the transfer of such a licence to him.

(2) Sub-paragraphs (3) and (4) of paragraph 40 are not to apply where the application referred to in sub-paragraph (1) (“the application under the existing legislation”) is withdrawn or refused before the end of the period referred to in sub-paragraph (3) of that paragraph.

(3) Where, in any other case, the application under the existing legislation is withdrawn or refused before 1st September 2007, or is not determined by that date, any interim operating licence deemed to have been granted to the applicant by virtue of sub-paragraph (4) is to lapse.

(4) Sub-paragraphs (5) and (6) apply in relation to any application for an operating licence falling within paragraph (d) or (e) of sub-paragraph (1).

(5) The applicant must notify the Gambling Commission in writing if the application under the existing legislation is granted, and the notification must be given before the end of the period of 14 days beginning on the day on which the application is granted.

(6) Where the applicant fails to notify the Gambling Commission within the period specified in sub-paragraph (5), paragraph 40(4) is to cease to apply in relation to the application for the operating licence after the end of that period.

Section 42 Application of the Gambling Act 2005 to interim operating licences

(1) Section 74(2) of the 2005 Act (which requires the Gambling Commission to notify the applicant and issue the operating licence as soon as reasonably practicable after its grant) is not to have effect in relation to an interim operating licence.

(2) In exercising its powers under section 75 of the 2005 Act (powers of Gambling Commission to impose general conditions on operating licences), the Gambling Commission must specify any conditions which are to apply to an interim operating licence or an interim operating licence falling within a specified class.

(3) Where an interim operating licence has effect before the date on which the Commission publish in accordance with section 76(3) of the 2005 Act the specification of any condition which applies to the licence, the licence is to be subject to the condition on and after that date.

(4) Where an interim operating licence has effect on or after the date on which the Commission so publish the specification of any condition which applies to the licence, the licence is to be subject to the condition as soon as it has effect.

(5) Regulations under section 78 of the 2005 Act (which allows conditions to be imposed on operating licences by the Secretary of State) may specify conditions which are to apply to each interim operating licence or to interim operating licences falling within a specified description.

(6) In subsection (2) of section 78 of the 2005 Act, the reference to licences issued before regulations under that section are made is to include a reference to interim operating licences having effect before such regulations are made.

(7) The following provisions of the 2005 Act are not to apply to interim operating licences—

(a) section 100 (which provides for the payment of an annual fee by the holder of an operating licence);

(b) sections 104 to 107 (which make provision respectively for applications to vary operating licences, amendments to licences, registration of licences, copies of licences and production of licences); and

(c) section 111 (which provides for the Gambling Commission to have power to limit the duration of operating licences) and section 112 (which makes provision about the renewal of operating licences).

(8) Section 110 (which provides for the duration of operating licences) is to have effect in relation to an interim operating licence as if it provided for the licence to cease to have effect when the advance application made by the existing operator is finally determined, unless and until it ceases to have effect before that date in accordance with section 113, 114, 115, 118 or 119 of the 2005 Act (which provide respectively for the surrender, lapse, forfeiture, suspension and revocation of operating licences).