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The Betting and Gaming (Northern Ireland) Order 2004

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This is the original version (as it was originally made).

Article 5(1)

SCHEDULE 2AMENDMENTS TO THE PRINCIPAL ORDER CONSEQUENTIAL ON THE TRANSFER OF JURISDICTION FOR THE GRANT OF BOOKMAKING OFFICE LICENCES FROM A COURT OF SUMMARY JURISDICTION TO A COUNTY COURT

This schedule has no associated Explanatory Memorandum

1.  In Article 12(1) (grant of bookmaking office licences) for “court of summary jurisdiction” substitute “county court”.

2.  In Article 13 (grant of bookmaking office licence conditional on alterations being made in licensed office)—

(a)in paragraph (1)(b) for “clerk of petty sessions” substitute “chief clerk”;

(b)in paragraph (2) for “clerk of petty sessions” substitute “chief clerk”;

(c)in paragraph (4) for “clerk” there shall be substituted “chief clerk or, as the case may be, the clerk”;

(d)in paragraph (5)—

(i)for “court of summary jurisdiction” substitute “county court”;

(ii)for “clerk of petty sessions” where it twice occurs substitute “chief clerk”.

3.  In Article 14 (provisional grant of bookmaking office licences)—

(a)in paragraph (1) for “court of summary jurisdiction” substitute “county court”;

(b)in paragraph (6)—

(i)for “court of summary jurisdiction” substitute “county court”;

(ii)for “clerk of petty sessions” substitute “chief clerk”;

(c)in paragraph (7) for “court of summary jurisdiction” substitute “county court”;

(d)in paragraph (9) for “court of summary jurisdiction” substitute “county court”;

(e)in paragraph (10) for “clerk of petty sessions” substitute “chief clerk”.

4.  In Article 15(4)(b) (form and duration of new bookmaking office licences) for “clerk” substitute “chief clerk or, as the case may be, the clerk”.

5.  In Article 173 (notification of change of directors, etc., of a body corporate) at the end add “or, in the case of a bookmaking office licence, in which the licensed office is situated”.

6.  In Article 174 (register of licences, certificates and permits)—

(a)in paragraph (1) for “court of summary jurisdiction” substitute “county court for premises in, or a court of summary jurisdiction,”;

(b)in paragraph (3)(a)—

(i)for “Article 13(1)(b)” substitute “paragraph (4)”;

(ii)omit “, Part I of Schedule 2 as modified by Part II of that Schedule”;

(iii)for “Articles 14(6) and” substitute “Article”;

(c)in paragraph (4)—

(i)after “court” where it first occurs insert—

(za)on the application of any person grants, conditionally grants or provisionally grants a bookmaking office licence or declares the conditional grant to be unconditional or the provisional grant to be final; or;

(ii)after “sessions district” insert “in which the premises specified in the bookmaking office licence are situated or, as the case may be,”;

(iii)after “order” insert “, and any plan which was attached to, or received in connection with, the application, and, where the order relates to the grant, conditional grant or provisional grant of a bookmaking office licence, particulars of any matters to be entered on the register under paragraph (2)(a), (b) or (d),”.

7.  In Article 177(a) (returns to Department) after “granted” insert “in the case of a bookmaking office licence, by a county court for premises situated in that district or, in any other case,”.

8.  In Article 178(2) (registers to be evidence) omit “of summary jurisdiction”.

9.  In Article 179(1) (proof of licences, etc.) for “petty sessions for the court of summary jurisdiction” substitute “the court”.

10.  For Article 184 there shall be substituted—

Appeals

184.(1) Without prejudice to Articles 61 and 65 of the County Courts (Northern Ireland) Order 1980, any party to the proceedings who is dissatisfied with a decision of a county court on an application made to it under this Order may appeal from that decision as if the decision had been made in exercise of the jurisdiction conferred by Part III of that Order of 1980 and the appeal were brought under Article 60 of that Order of 1980.

(2) For the purposes of—

(a)paragraph (1),

(b)Articles 61 and 62 of the County Courts (Northern Ireland) Order 1980,

(c)Articles 143 and 146 of the Magistrates' Courts (Northern Ireland) Order 1981,

a person who appears as an objector in any proceedings under this Order shall be deemed to be a party to the proceedings..

11.  In Article 186(1) (orders and regulations) omit “of summary jurisdiction”.

12.  In Article 187(1) (modifications of schedules) for “Schedules 1” substitute “Schedule 2 may be modified by county court rules and the provisions of Schedules 1, 3”.

13.  In Schedule 2 (applications for grant of bookmaking office licences)—

(a)in paragraph 1—

(i)in sub-paragraph (a) after “time of the” insert “opening of the”;

(ii)in sub-paragraph (b) for “clerk of petty sessions” substitute “chief clerk”;

(b)in paragraph 2(1) for “magistrates' courts” substitute “county court”;

(c)in paragraph 5 for “clerk of petty sessions” substitute “chief clerk”;

(d)in paragraph 7—

(i)after “time of the” insert “opening of the”;

(ii)for “clerk of petty sessions” substitute “chief clerk”;

(e)in paragraph 9 for “clerk of petty sessions” substitute “chief clerk”.

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