Access to Justice Act 1999

The Gaming Act 1968 (c. 65)

57 The Gaming Act 1968 has effect subject to the following amendments.

58 (1) Schedule 2 (grant etc. of licences) is amended as follows.

(2) In paragraph 1(1) (licensing authority), at the end insert “and references to the proper officer of a licensing authority shall be construed accordingly”.

(3) In paragraphs 5(2) and 6(2) (procedure for application), for “clerk to” substitute “proper officer of”.

(4) In paragraph 7 (public notice of application)—

(a) in sub-paragraph (1), for “clerk to” substitute “proper officer of”,

(b) in sub-paragraph (2), for “clerk to” substitute “proper officer of” and for “if the clerk” substitute “if the proper officer”, and

(c) in sub-paragraphs (3) and (4), for “clerk to” substitute “proper officer of”.

(5) In paragraph 12(1) (making of application for renewal), for “clerk to” substitute “proper officer of”.

(6) In paragraph 13 (notification of application for renewal)—

(a) in sub-paragraphs (2) and (3), for “clerk to” substitute “proper officer of”,

(b) in sub-paragraph (4), for “clerk to” substitute “proper officer of” and for “clerk”, in the other two places, substitute “proper officer”, and

(c) in sub-paragraph (5), for “clerk to” substitute “proper officer of”.

(7) In paragraph 14(2)(a) (proceedings on application for grant or renewal), for “clerk to” substitute “proper officer of”.

(8) In paragraph 15 (objections)—

(a) for “clerk to” substitute “proper officer of”, and

(b) in paragraph (b), for “clerk” substitute “proper officer”.

(9) In—

(a) paragraph 28 (notification of Board’s advice),

(b) paragraph 29(1) (in both places) and (2) (appeal by applicant),

(c) paragraph 31(1) and (2) (appeal by Board),

(d) paragraph 33(1) (appeal in Scotland),

(e) paragraph 35(5) (revocation of certificate of consent), and

(f) paragraphs 36(1) and (3) and 37 (cancellation),

for “clerk to” substitute “proper officer of”.

(10) In paragraph 46(1) (notice of appeal), for “clerk” substitute “proper officer”.

(11) In paragraph 48 (cancellation of licence where holder convicted of offence)—

(a) in sub-paragraph (4), for “clerk of” and for “clerk to” (in both places) substitute “proper officer of”, and

(b) after that sub-paragraph insert—

“(5) In sub-paragraph (4) of this paragraph, “the proper officer of the court” means—

(a) in relation to a magistrates' court, the justices' chief executive for the court, and

(b) in relation to any other court, the clerk of the court.”

(12) In paragraphs 57(4) and 58(1) (transfer of licence), for “clerk to” substitute “proper officer of”.

(13) In paragraph 63 (fees)—

(a) in sub-paragraph (1), for “clerk to” substitute “proper officer of”, and

(b) in sub-paragraph (2), for “clerk to” substitute “proper officer of”.

(14) In paragraphs 64(1) and 65(1) and (2) (notification of corporate changes), for “clerk to” substitute “proper officer of”.

59 (1) Schedule 3 (registration of members' clubs in England and Wales) is amended as follows.

(2) In—

(a) paragraph 12(1) (appeal by applicant),

(b) paragraph 13(1) (appeal by Board), and

(c) paragraphs 15(1) (in both places) and 16(1) (cancellation),

for “clerk” substitute “chief executive”.

(3) In paragraph 17 (cancellation pursuant to conviction)—

(a) in sub-paragraph (3), for “clerk of” substitute “proper officer of” and for “clerk to” (in both places) substitute “chief executive to”, and

(b) after that sub-paragraph insert—

“(4) In sub-paragraph (3) of this paragraph the “proper officer of the court” means—

(a) in relation to a magistrates' court, the justices' chief executive for the court, and

(b) in relation to the Crown Court, the appropriate officer of the court.”

(4) In—

(a) paragraph 23 (fees), and

(b) paragraph 24(1) and (2) (relinquishment of registration),

for “clerk” substitute “chief executive”.

60 In Schedule 7 (registration for gaming by means of machines), in—

(a) paragraph 3(1) (application for registration),

(b) paragraph 4(1) (application for renewal of registration),

(c) paragraph 11(1) (in both places) and (2) (appeal),

(d) paragraphs 13(1), 14 and 20(1) (cancellation of registration),

(e) paragraph 24 (fees), and

(f) paragraph 25(1) and (2) (relinquishment of registration),

for “clerk” substitute “chief executive”.

61 (1) Schedule 9 (permits under section 34) is amended as follows.

(2) In paragraph 11(2) and (3) (appeals), for “clerk to” substitute “proper officer of”.

(3) In paragraph 21 (fees), for “clerk” substitute “proper officer”.

(4) After paragraph 23 insert—

“24 For the purposes of this Schedule the proper officer of an appropriate authority is—

(a) where the appropriate authority is the licensing justices for a licensing district in England and Wales, the chief executive to the justices, and

(b) in any other case, the clerk to the authority.”