EXTENDS
The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006

The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (Memo)

EXPLANATORY MEMORANDUM TO THE GAMBLING ACT 2005 (COMMENCEMENT No. 6 AND TRANSITIONAL PROVISIONS) ORDER 2006 No. 3272 (C.119)

EXPLANATORY MEMORANDUM TO

THE GAMBLING ACT 2005 (COMMENCEMENT No. 6 AND TRANSITIONAL PROVISIONS) ORDER 2006

2006 No. 3272 (C.119)

1. This explanatory memorandum has been prepared by the Department for Culture, Media and Sport and is laid before Parliament by Command of Her Majesty.

2. Description

2.1 The Order provides for the commencement of the remaining provisions of the Gambling Act 2005 which have not been commenced. Its effect is to provide for gambling to be regulated under the Gambling Act 2005 from 1st September 2007. It also contains detailed transitional provisions which ensure that those with authorisations under the existing gambling legislation are able to continue operating without interruption from 1 September 2007. The transitional provisions also give effect to commitments made by the Government for converting certain permissions under the existing legislation into equivalent permissions under the 2005 Act.

3. Matters of special interest to the Joint Committee on Statutory Instruments

3.1 None.

4. Legislative Background

4.1 The Gambling Act 2005 ("the 2005 Act") gives effect to the Government's proposals for reform of the law on gambling. The 2005 Act contains a new regulatory system to govern the provision of all gambling in Great Britain, other than the National Lottery and spread betting. It effectively replaces and updates regulation of gambling under the Betting, Gaming and Lotteries Act 1963 ("the 1963 Act"), the Gaming Act 1968 ("the 1968 Act") and the Lotteries and Amusements Act 1976 ("the 1976 Act").

4.2 Two comprehensive offences are established: providing facilities for gambling or using premises for gambling, in either case without the appropriate permission. Such permission may come from a licence, permit, or registration granted pursuant to the 2005 Act or from an exemption given by the 2005 Act.

4.3 The 2005 Act introduces a unified regulator for gambling in Great Britain, the Gambling Commission (the Commission), and a new licensing regime for most forms of commercial gambling. A person providing facilities for gambling will require an operating licence from the Commission. Except in the case of small-scale operators (as defined in the 2005 Act), it will be a condition of each operating licence that at least one person occupying a specified management office holds a personal licence issued by the Commission. Where pre...

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