Gambling Act 2005

89 Remote operating licence

(1) This section applies to a remote operating licence.

(2) A remote operating licence shall, by virtue of this subsection, be subject to the condition that remote gambling equipment used by the licensee in connection with the licensed activities must be situated in Great Britain.

(3) Where the Commission issues a remote operating licence it may exclude, generally or to a specified extent or for specified purposes, the condition that would otherwise be attached by virtue of subsection (2), if the Commission is satisfied that the exclusion is reasonably consistent with pursuit of the licensing objectives.

(4) The Commission may establish, or provide for the establishment of, standards in respect of—

(a) a system used for the generation of results in a virtual game, virtual race or other virtual event or process used in the course of remote gambling;

(b) any other aspect of the process of remote gambling.

(5) In particular, the Commission may—

(a) provide for the enforcement of standards by the attachment of conditions under section 75 or 77;

(b) make arrangements with any person for the establishment of standards;

(c) make arrangements with any person for the administration of tests of compliance with standards;

(d) for the purpose of considering whether a condition under section section 75 or 77 has been complied with, require the licensee under a remote licence—

(i) to submit to a test in accordance with arrangements made under paragraph (c) above, and

(ii) to produce specified evidence of the result of the test;

(e) for the purpose of considering whether to grant an application under this Part, require a licensee under a remote licence or an applicant for a remote licence—

(i) to submit to a test in accordance with arrangements made under paragraph (c) above, and

(ii) to produce specified evidence of the result of the test.

(6) Standards established under subsection (5) may, in particular, be expressed—

(a) by reference to the opinion of a specified person or class of persons;

(b) by reference to a specified process or piece of equipment.

(7) This section is without prejudice to the generality of sections 75, 77 and 78.