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Gaming Act 1968 (repealed)

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25 Supplementary provisions as to disqualification orders.E+W+S

(1)A disqualification order made under section 24 of this Act by a court in England or Wales—

(a)shall not take effect until the end of the period within which the person on whose conviction the order was made can appeal against the conviction or against the making of the order, and

(b)if he so appeals, shall not take effect until the appeal has been determined or abandoned.

(2)The person on whose conviction a disqualification order was made under section 24 of this Act by a court in Scotland may, without prejudice to any other form of appeal under any rule of law, appeal against the order as against the conviction; and the disqualification order—

(a)shall not take effect until the end of the period of fourteen days commencing with the date on which the order was made; and

(b)if an appeal against the order or the said conviction is taken within the said period, shall not take effect until the date when that appeal is determined or abandoned or deemed to have been abandoned.

(3)A court shall not make an order under that section prohibiting the holding of a licence in respect of premises specified in the order, unless an opportunity has been given to any person interested in the premises and applying to be heard by the court to show cause why the order should not be made.

(4)At any time while such a disqualification order is in force, the court by which the order was made, on an application made by any person affected by the order, may revoke the order or vary it by reducing any period of prohibition specified in the order.

(5)Where on an application made under subsection (4) of this section the relief asked for is or includes the revocation or variation of a prohibition imposed by the order on the holding of a licence in respect of any premises, a copy of the application shall be served on the chief officer of police, or, in Scotland, the chief constable, for the police area in which the premises are situated.

(6)For the purposes of subsection (4) of this section, a disqualification order under section 24 of this Act made by a court of quarter sessions on appeal from the decision of a magistrates’ court shall be treated as having been made by that magistrates’ court.

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