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Scottish Statutory Instruments

2006 No. 249

BETTING, GAMING AND LOTTERIES

The Gaming Act (Variation of Fees) (Scotland) Order 2006

Made

9th May 2006

Laid before the Scottish Parliament

9th May 2006

Coming into force

1st June 2006

The Scottish Ministers, in exercise of the powers conferred by section 48(5) of the Gaming Act 1968(1)and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and extent

1.  –

(1) This Order may be cited as the Gaming Act (Variation of Fees) (Scotland) Order 2006 and shall come into force on 1st June 2006.

(2) This Order extends to Scotland only.

Variation of Fees

2.  Section 48(3) of the Gaming Act 1968(2) (gaming licences) shall have effect if–

(a)for the reference in paragraph (b) (renewal of licence) to “£8,541”, there were substituted a reference to “£9,395”; and

(b)for the reference in paragraph (c) (transfer of licence) to £8,232“, there were substituted a reference to ”£8,561".

3.  Section 48(4) of the Gaming Act 1968(3) (bingo licences) shall have effect as if–

(a)for the reference in paragraph (a) (grant of licence) to “£29,640”, there were substituted a reference to “£31,063”;

(b)in paragraph (b) (renewal of licence)–

(i)for the reference to “£1,616”, there were substituted a reference to “£1,778”; and

(ii)for the reference to “£8,150”, there were substituted a reference to “£9,395”; and

(c)in the passage after paragraph (b) (transfer of licence)–

(i)for the reference to “£1,724”, there were substituted a reference to “£1,827”; and

(ii)for the reference to “£7,855”, there were substituted a reference to “£8,561”.

GEORGE LYON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

9th May 2006

Explanatory Note

(This note is not part of the Order)

This Order increases the fees to be charged in relation to the renewal and transfer of gaming and bingo licences in Scotland under the Gaming Act 1968 (“the 1968 Act”). Fees are increased in terms of articles 2(a) and (b) and 3(b)(i) and (c)(i) of the Order. The increases are in the range of 4% to 10%.

The other provisions in article 3 do not include substantive fee increases but alter references in subsection (4) of section 48 of the 1968 Act so that the text of that subsection accurately reflects present fee levels in all respects.

A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Executive Finance and Central Services Department, Local Governance and Licensing Division, Licensing Branch, Victoria Quay, Edinburgh EH6 6QQ.

(1)

1968 c. 65; section 48(5) was amended by the Gaming (Amendment) Act 1990 (c. 26), section 1 and paragraph 3 of the Schedule. The functions of the Secretary of State under section 48(5) were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), Schedule 1. The whole of the Gaming Act 1968 is repealed (prospectively) by the Gambling Act 2005 (c. 19), Schedule 17.

(2)

The sums in section 48(3) being substituted by way of article 2 presently have effect by virtue of S.S.I. 2005/319.

(3)

The sums in section 48(4) being substituted by way of article 3 presently have effect by virtue of S.S.I. 2003/403 and 2005/319.