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

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

41.—(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to apply where the application referred to in sub-paragraph (1) (“the application under the existing legislation”) is withdrawn or refused before the end of the period referred to in sub-paragraph (3) of that paragraph.

(3) Where, in any other case, the application under the existing legislation is withdrawn or refused before 1st September 2007, or is not determined by that date, any interim operating licence deemed to have been granted to the applicant by virtue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