The Gambling (Licensing and Advertising) Act 2014 (Transitional Provisions) Order 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/1641 |
2014No. 1641
BETTING, GAMING AND LOTTERIES
The Gambling (Licensing and Advertising) Act 2014 (Transitional Provisions) Order 2014
23rdJune2014
25thJune2014
16thJuly2014
The Secretary of State makes the following Order in exercise of the powers conferred by section 1(4), (6) and (7) of the Gambling (Licensing and Advertising) Act 2014( 1).
Title and commencement
1. The title of this Order is the Gambling (Licensing and Advertising) Act 2014 (Transitional Provisions) Order 2014 and it comes into force on 16th July 2014.
Interpretation
2. (1) In this Order-
(a) "the 2005 Act" means the Gambling Act 2005( 2);(b) "continuation licence" means a remote operating licence issued by the Commission under article 3;(c) "existing licence" means a remote operating licence held by a person immediately prior to making an advance application"; and(d) "relevant state" means an EEA state, Gibraltar, the Island of Alderney, Tasmania, and Antigua and Barbuda.(2) Expressions used in this Order and in the Gambling Act 2005 have the same meaning in this Order as in the 2005 Act.
Continuation licences
3. (1) If the Commission has not finally determined an advance application by 1st October 2014 it must, where the condition in paragraph (2) is satisfied, issue the applicant with a remote operating licence authorising that applicant to carry on such activity as is set out in paragraph (3).
(2) The condition is that the advance application was made on or before 16th September 2014 by-
(a) a person, or(b) a holding company or wholly-owned subsidiary (as defined respectively in subsection (1) and (2) of section 1159 of the Companies Act 2006)( 3)) of a person,who, on the date of application, provides facilities for remote gambling in Great Britain, the arrangements for which are subject to the law about gambling of a relevant state.
(3) The activity referred to in paragraph (1) is the provision of such facilities for remote gambling as, in the Commission's view, the applicant, holding company or wholly-owned subsidiary of the applicant, as the case may be, provided in Great Britain under the law about gambling of the relevant state on the date of application.
Application of the Gambling Act 2005 to continuation licences
4. (1) The 2005 Act applies to continuation licences with the modifications specified in this article.
(2) The following provisions do not apply to a continuation licence-
(a) section 80(1) (requirement for personal licence);(b) section 104(1)(a) and (c) (application to vary licence);(c) section 111 (power to limit duration); and(d) section 112 (renewal of licence).(3) Section 110 (indefinite duration) has effect as if it provided for a continuation licence to cease to have effect on the earlier of the date on which-
(a) the Commission finally determines the advance application, or(b) it ceases to have effect in accordance with section 113, 114, 115, 118 or 119 of the 2005 Act (which provide respectively for the surrender, lapse, forfeiture, suspension and revocation of operating licences).Annual fees for an applicant with a continuation licence but no existing licence
5. (1) This article only applies to a person-
(a) who does not hold an existing licence;(b) who makes an advance application for a remote operating licence; and(c) to whom a continuation licence was issued on 1st October 2014.(2) The first annual fee payable by the applicant under section 100(1)(a) of the 2005 Act in respect of the continuation licence is the amount prescribed for the kind of remote operating licence issued to the applicant as a continuation licence.
(3) Where the Commission grants the advance application (whether in whole or in part) and issues a remote operating licence to the...
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