Gambling Act 2005

231 Vehicles and vessels E+W+S

(1) A temporary use notice—

(a) may not be given in respect of a vehicle (or part of a vehicle),

(b) may be given in respect of all or part of a passenger vessel,

(c) may be given in respect of all or part of a vessel (within the meaning of section 353(1)) situated at a fixed place in or on water, and

(d) may not be given in respect of all or part of a vessel to which neither of paragraphs (b) and (c) applies.

(2) In relation to a vessel, a reference in this Part to a place in which premises are wholly or partly situated shall be construed—

(a) in the case of a vessel (within the meaning of section 353(1)) situated at a fixed place in or on water, as a reference to that place,

(b) in the case of a vessel which is permanently moored at a place, as a reference to that place,

(c) in the case of a vessel which is habitually moored at one place more frequently or for longer periods than at any other place, as a reference to that place, and

(d) in any other case, as a reference to any place at which a vessel is moored or is likely to be moored, or to the place in the United Kingdom nearest to any place at which a vessel is or is likely to be, while activities are carried on in the vessel in reliance on a temporary use notice.

(3) In relation to a vessel, the following are responsible authorities for the purposes of this Part (in addition to the persons listed in section 157)—

(a) a navigation authority, within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57), which has functions in relation to any place at which a vessel is moored or is likely to be moored, or to the place in the United Kingdom nearest to any place at which a vessel is or is likely to be, while activities are carried on in the vessel in reliance on a temporary use notice,

(b) the Environment Agency,

[F1 (c) the British Waterways Board, if the place where the vessel is moored or is likely to be moored, or the place in the United Kingdom nearest to the place at which the vessel is or is likely to be, while activities are carried on in the vessel in reliance on a temporary use notice is in Scotland,

(ca) Canal & River Trust, if the place where the vessel is moored or is likely to be moored, or the place in the United Kingdom nearest to the place at which the vessel is or is likely to be, while activities are carried on in the vessel in reliance on a temporary use notice is in England or Wales, and]

(d) the Secretary of State.

Textual Amendments

F1 S. 231(3)(c)(ca) substituted for s. 231(3)(c) (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 17(3) (with arts. 4-6)

Commencement Information

I1 S. 231 in force at 1.12.2007 by S.I. 2007/3155, art. 2