2.—(1) In these Regulations—
“the 1968 Act” means the Gaming Act 1968(1);
“application” means an application for a licensed premises gaming machine permit(2) under paragraph 1(1);
“existing operator” means a person who makes an application and—
on the date on which he makes the application, holds a permit issued under section 34 of the 1968 Act by the authority mentioned in sub-paragraph (a) of paragraph 1 of Schedule 9 to the 1968 Act (a “section 34 permit”);
that section 34 permit—
authorises him to make available a number of gaming machines, being a number which is greater than two, and
is due to expire in accordance with paragraph 24(1) or (2) of Schedule 4 to the Order on a date on or after 1st September 2007;
the application for the permit is made before the date on which the section 34 permit is due to expire in accordance with paragraph 24(1) or (2) of Schedule 4 to the Order; and
the application relates to the same or substantially the same premises as those to which the section 34 permit relates;
“the Order” means the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006(3); and
“permit” means a licensed premises gaming machine permit, unless the contrary is indicated.
(2) A reference in these Regulations to a numbered paragraph is a reference to that paragraph of Schedule 13 to the Gambling Act 2005 so numbered.
For the meaning of “licensed premises gaming machine permit” see section 283 of the Act.
SI 2006/3272; a relevant amending instrument is SI 2007/1157.