The Gambling (Operating licence and Single-Machine Permit Fees) (Amendment) Regulations 2008

New regulations 23, 23A and 23B

13.  For regulation 23 substitute—

“23.— (1) Regulation 23A applies to an application under section 102(2)(b) (“a change application”) where at the time the application is made the new controller is not the holder of an operating licence.

(2) Regulation 23B applies to a change application where at the time the application is made the new controller is the holder of an operating licence.

(3) Regulation 15(2) applies for the purposes of regulation 23A(1)(a) and (2) to (4) and regulations 23B(1)(a) and (4) to (6) in the same way as it applies in the application of Part 4.

23A.— (1) Where this regulation applies the fee to accompany a change application in relation to an operating licence is—

(a) if the licence is a combined operating licence, 75 per cent of the fee referred to in regulation 16(a);

(b) if paragraph (2) applies, the amount determined in accordance with paragraphs (3) and (4); and

(c) in any case, 75 per cent of the application fee which would be payable in respect of an operating licence of the same kind at the time the change application is made (as determined by paragraphs 7, 11 and 12(1)).

(2) This paragraph applies to change applications made by a person simultaneously in relation to—

(a) a non-remote operating licence, and

(b) a remote operating licence (other than an ancillary remote operating licence), held by that person.

(3) The fee to accompany each of the applications referred to in paragraph (2) is the amount calculated in accordance with the following formula—

[(0.75 x A) + (0.75 x B)] ÷ 2

where A and B are the respective application fees payable for each of the licences referred to in that paragraph at the time the change applications are made (as determined in accordance with regulations 7, 11 and 13(1)).

(4) In paragraph (2)—

“non-remote operating licence” includes a combined non-remote operating licence, and

“remote operating licence” includes a combined remote operating licence.

23B.— (1) Where this regulation applies the fee to accompany a change application is £100 if the new controller becomes a controller within the meaning of section 422 of the Financial Services and Markets Act 2000(1) (“the FSMA”) solely by acquiring a holding of 10% or more of the shares in the company.

(2) But if the new controller becomes a controller within the meaning of section 422 of the FSMA in circumstances other than those falling within paragraph (1) the fee is-

(a) 25 per cent of the fee referred to in regulation 16(a) if the licence to which the application relates is a combined operating licence;

(b) the amount determined in accordance with paragraphs (4) and (5) if the application is one to which paragraph (3) applies; or

(c) in any other case, 25 per cent of the application fee which would be payable in respect of a licence of the same kind as that to which the change application relates at the time the change application is made (as determined by paragraphs 7, 11 and 13(1)).

(3) This paragraph applies to change applications made by a person simultaneously in relation to—

(a) a non remote operating licence, and

(b) a remote operating licence (other than an ancillary remote operating licence), held by that person

(4) The fee to accompany each of the applications to which paragraph (2) applies is the amount calculated in accordance with the following formula—

[(0.25 x A) + (0.25 x B)] ÷ 2

where A and B are the respective application fees payable for each of the licences referred to in that paragraph at the time the change applications are made (as determined in accordance with regulations 7, 11 and 13(1)).

(5) In paragraph (4)—

“non remote operating licence” includes a combined non remote operating licence, and

“remote operating licence” includes a combined remote operating licence.”.

(1)

2000 c. 8. There are amendments to section 422 not relevant to these Regulations.