SCHEDULES

SCHEDULE 13 Functions transferred to justices’ chief executives

The Gaming Act 1968 (c.65)

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 ”.