The Gambling (Licensing and Advertising) Act 2014 (Commencement No.1) Order 2014

Statutory Instruments

2014 No. 2444 (C. 107)

Betting, Gaming And Lotteries

The Gambling (Licensing and Advertising) Act 2014 (Commencement No.1) Order 2014

Made

10th September 2014

The Secretary of State makes the following Order in exercise of powers conferred by section 6(5) of the Gambling (Licensing and Advertising) Act 2014(1).

Citation and interpretation

1.—(1) This Order may be cited as the Gambling (Licensing and Advertising) Act 2014 (Commencement No.1) Order 2014.

(2) In this Order, “MiFID financial instrument” means a financial instrument listed in Section C of Annex I to the Directive 2004/39/EC of the European Parliament and of the Council of 21st April 2004 on markets in financial instruments(2).

Appointed day

2.  1st October 2014 is the day appointed for the coming into force of the following provisions of the Gambling (Licensing and Advertising) Act 2014—

(a) section 1(1) to (3) (licensing of remote gambling), except in relation to remote gambling—

(i) which is or relates to a MiFID financial instrument, or

(ii) which relates to a factor to which a MiFID financial instrument relates.

(b) section 3 (repeal of the offence of advertising foreign gambling);

(c) section 4 (advertising of gambling by way of remote communication); and

(d) section 5 (offence of advertising of unlicensed remote gambling: Northern Ireland).

Helen Grant

Minister for Sport and Tourism

Department for Culture, Media and Sport

10th September 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This is the first Commencement Order under the Gambling (Licensing and Advertising) Act 2014 (“the 2014 Act”), which amends the Gambling Act 2005 (“the 2005 Act”). The Order appoints 1st October 2014 as the day on which the following sections of the 2014 Act come into force:

• sections 1(1) to (3), except in relation to remote gambling which is or relates to a financial instrument listed in Section C of Annex I to the Markets in Financial Instruments Directive, or to a factor to which such a financial instrument relates;

• section 3, which repeals the offence in section 331 of the advertising of foreign gambling;

• section 4, which makes provision in relation to advertising by remote communication; and

• section 5, which enacts a new offence of advertising unlicensed remote gambling in Northern Ireland following the repeal of section 331 of the 2005 Act.

(1)

2014 c.17.

(2)

OJ L 145, 30.04.2004.