Gaming Act 1968

Section 27.

SCHEDULE 6 Certificates and Permits under Section 27

Issue and renewal of certificates

1 (1) A certificate may be issued in accordance with the following provisions of this Schedule for the purposes of subsection (1) of section 27 of this Act only, or for the purposes of subsection (5) of that section only, or for the purposes of both those subsections.

(2) In this Schedule " the relevant functions "—

(a) in relation to an application for the issue or renewal of a certificate for the purposes of subsection (1) of that section only, or to a certificate issued for those purposes, means selling or supplying machines to which Part III of this Act applies;

(b) in relation to an application for the issue or renewal of a certificate for the purposes of subsection (5) of that section only, or to a certificate issued for those purposes, means maintaining the mechanism of such machines ; and

(c) in relation to an application for the issue or renewal of a certificate for the purposes of both those subsections, or to a certificate issued for those purposes, means selling or supplying such machines and maintaining their mechanism.

2 In determining whether to issue or renew any such certificate, the Board shall have regard only to the question whether the person applying for it is a fit and proper person to perform the relevant functions.

3 Subject to the following provisions of this Schedule, any such certificate issued by the Board—

(a) if not renewed, shall cease to have effect at the end of the period of five years beginning with the date on which it was issued, or

(b) if renewed, shall, unless further renewed, cease to have effect at the end of the period of five years beginning with the date as from which it was renewed or last renewed, as the case may be.

Revocation of certificate

4 The Board may at any time revoke any such certificate if it appears to the Board that the person to whom it relates is not a fit and proper person to perform the relevant functions.

5 Where the Board determine to revoke any such certificate, they shall serve a notice on the person to whom it relates stating that the certificate is revoked as from the end of the period of twenty-one days from the date of service of the notice; and the revocation shall take effect at the end of that period.

Payment of fees

6 Notwithstanding anything in the preceding provisions of this Schedule, the Board shall not issue or renew any such certificate except on payment by the applicant to the Board of the fee chargeable in accordance with section 48 of this Act.

Grant of permits

7 Any application for the grant of a permit for the purposes of subsection (1) or subsection (5) of section 27 of this Act shall specify the machine in respect of which, and the circumstances in which, the permit is required.

8 Any such permit granted by the Board shall specify the machine to which it relates and the period for which the permit is granted; and the permit shall cease to have effect at the end of that period.

Supplementary provisions

9 (1) In determining, for the purposes of this Schedule, whether a person is a fit and proper person to perform the relevant functions, where he carries on a business which consists of or includes those functions, regard shall be had in particular to the way in which the business is conducted by him and by any persons employed by him or acting on his behalf in connection with the business.

(2) Without prejudice to the preceding sub-paragraph, for the purposes of this Schedule a person shall not be taken to be a fit and proper person to perform the relevant functions if those functions are, or if the certificate in question were issued or renewed would be, performed by him as servant or agent of, or otherwise for the benefit of, a person who would himself be refused a certificate as not being a fit and proper person to perform those functions.