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The Gambling Act 2005 (Commencement and Transitional Provisions) (Amendment) Order 2007

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Amendment of the Gambling Act 2005 (Transitional Provisions) (No. 2) Order 2006

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2.—(1) Article 6 of the Gambling Act 2005 (Transitional Provisions) (No. 2) Order 2006(1) is amended as follows.

(2) At the beginning of paragraph (2) insert “Subject to paragraph (2A),”.

(3) After paragraph (2) insert—

“(2A) Paragraph (2) does not apply to the grant or renewal of permits under section 34 of the 1968 Act by the authority mentioned in paragraph 1(d) of Schedule 9 to that Act where the application for grant or renewal relates to premises in respect of which a relevant Scottish licence has effect.”.

(4) After paragraph (4) insert—

“(5) In this article “relevant Scottish licence” means any licence granted under section 9(1) of the Licensing (Scotland) Act 1976(2) (licence for sale by retail or supply of alcoholic liquor) provided it is not an off-sale licence.”.

(5) The amendments made by this article shall not affect the validity of any decision taken by a Scottish council on an application for the grant or renewal of a permit under section 34 of the Gaming Act 1968(3) in respect of the kind of premises described in the amendment, where the decision was taken before the date on which this Order comes into force.

(6) In paragraph (5) above, “Scottish council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(4).

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