Access to Justice Act 1999

35 (1) Schedule 1 (bookmaker’s permits, betting agency permits and betting offices licences) is amended as follows.

(2) In paragraph 2 (interpretation), for the definition of “clerk to the appropriate authority” substitute—

““the proper officer of the appropriate authority” means—

(a) in England, the chief executive to the justices comprising the committee referred to in paragraph 1 of this Schedule; and

(b) in Scotland, the clerk to the licensing court;”.

(3) In paragraphs 5 and 6 (applications for grant of permit or licence), for “clerk to” substitute “ proper officer of ”.

(4) In paragraph 7 (notification of meeting to consider application)—

(a) for “clerk to”, in both places, substitute “ proper officer of ”, and

(b) for “clerk”, in the remaining four places, substitute “ proper officer ”.

(5) In paragraph 8 (applications for renewal of permit or licence), for “clerk to” (in each place) substitute “ proper officer of ”.

(6) In paragraph 9 (person to whom application to be made)—

(a) for “clerk to” (in both places) substitute “ proper officer of ”, and

(b) in paragraph (a), for “clerk” substitute “ proper officer ”.

(7) In paragraph 11(b) (receipt of objections), for “clerk to” substitute “ proper officer of ”.

(8) In paragraph 12 (procedure where objection received), for “clerk” substitute “ proper officer ”.

(9) In paragraph 20 (grant or renewal of permit or licence)—

(a) in sub-paragraph (1), for “clerk to” substitute “ proper officer of ”, and

(b) in sub-paragraph (2), for “clerk to” substitute “ proper officer of ”.

(10) In paragraph 20A (clerk to act on unopposed applications for renewal)—

(a) in sub-paragraph (1), for “clerk to” substitute “ proper officer of ” and for “clerk may” substitute “ clerk to the authority may ”, and

(b) after sub-paragraph (4) insert—

“(5) For the purposes of this paragraph, the clerk to the appropriate authority, where the authority is a committee of the justices acting for a petty sessions area, is the clerk to those justices or, if there are two or more clerks to those justices—

(a) such one of those clerks as the magistrates’ courts committee having power over the appointment of clerks to justices for that area may direct; or

(b) in default of any such direction, any of those clerks.”

(11) In—

(a) paragraph 21(1), (2) and (4)(b) (appeals),

(b) paragraph 25 (notification of change in directors),

(c) paragraphs 26 (in both places) and 27(1) (cancellation of bookmaker’s permit),

(d) paragraphs 28A(1)(a) and (2), 28B(2) and (3) and 28C(1) and (2) (cancellation of betting office licence),

(e) paragraph 34 (registers), and

(f) paragraphs 36 and 37(1) (provision of information),

for “clerk to” substitute “ proper officer of ”.