The Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007

Interpretation

3.—(1) In these Regulations—

“the Act” means the Gambling Act 2005;

“the 1968 Act” means the Gaming Act 1968(1);

“applicant” means a members’ club(2), commercial club(3) or miners’ welfare institute(4) that is making an application under paragraph 1(1) or (as the case may be) paragraph 1(2) or 24(1);

“application” means, unless otherwise specified, an application—

(a)

for a club gaming permit(5) under paragraph 1(1),

(b)

for a club machine permit(6) under paragraph 1(2), or

(c)

to renew a club gaming or club machine permit under paragraph 24(1),

as the case may require;

“existing Part 2 operator” means an applicant—

(a)

who is registered—

(i)

under Part 2 of the 1968 Act (a “Part 2 registration”) and the registration has effect immediately before 1st September 2007, or

(ii)

under Part 2 of the 1968 Act on or after 1st September 2007; and

(b)

whose application—

(i)

relates to the same or substantially the same premises as those to which the Part 2 registration relates,

(ii)

complies with sub-paragraphs (b) and (e) of paragraph 2 and (where applicable) paragraph 3, and

(iii)

is made before the relevant date;

“existing Part 3 operator” means an applicant—

(a)

who is registered—

(i)

under Part 3 of the 1968 Act (a “Part 3 registration”) and the registration has effect immediately before 1st September 2007, or

(ii)

under Part 3 of the 1968 Act on or after 1st September 2007; and

(b)

whose application—

(i)

relates to the same or substantially the same premises as those to which the Part 3 registration relates,

(ii)

complies with sub-paragraphs (b) and (e) of paragraph 2 and (where applicable) paragraph 3, and

(iii)

is made before the relevant date;

“permit” means—

(a)

a club gaming permit; or

(b)

a club machine permit;

“relevant date”—

(a)

in relation to a Part 2 registration, has the meaning given in paragraphs 80(3) to (5) of Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006(7) (“the Order”); and

(b)

in relation to a Part 3 registration, has the meaning given in paragraphs 88(3) to (5) of Schedule 4 to the Order.

(2) A reference in these Regulations to a numbered paragraph is a reference to that paragraph of Schedule 12 to the Act so numbered.

(1)

1968 c.65.

(2)

For the meaning of “members’ club” see section 266 of the Act.

(3)

For the meaning of “commercial club” see section 267 of the Act.

(4)

For the meaning of “miners’ welfare institute” see section 268 of the Act.

(5)

For the meaning of “club gaming permit” see section 271 of the Act.

(6)

For the meaning of “club machine permit” see section 273 of the Act.

(7)

SI 2006/3272; a relevant amending instrument is SI 2007/1157.