Gambling Act 2005 (c. 19)

Part 5 E+W+S Operating Licences

Modifications etc. (not altering text)

C1 Pt. 5 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 72

C2 Pt. 5 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 50

C3 Pt. 5 modified by SI 2006/3272 art. 8(4)-(9) (as inserted (16.8.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007 (S.I. 2007/2169), arts. 1(1), 5)

Conditions E+W+S

76 General conditions: procedure E+W+S

(1) The Commission may amend or revoke a condition specified under section 75; and a reference in this section to the specification of a condition includes a reference to the amendment or revocation of a condition.

(2) Before specifying a condition the Commission shall consult—

(a) one or more persons who in the Commission's opinion represent the interests of operating licensees who may be affected by the condition, and

(b) such of the persons specified in section 23(5) as the Commission thinks appropriate (if any).

(3) The Commission shall publish any specification as soon as is reasonably practicable.

(4) Where the Commission proposes to specify a condition—

(a) at least three months before making the specification the Commission shall give notice of it to the holder of each licence which—

(i) has effect at that time, and

(ii) is within a class affected by the specification,

(b) if the Commission issues, after that time but before the specification is made, an operating licence of a class affected by the specification, the Commission shall give the licensee notice of the proposed specification, and

(c) on the making of the specification an existing licence shall by virtue of this paragraph be subject to the condition specified.

(5) If the Commission thinks it necessary by reason of urgency to make a specification without giving the notice required by subsection (4)(a)—

(a) the Commission shall give as much notice as it thinks possible in the circumstances to the persons mentioned in that provision,

(b) subsection (4)(b) shall have effect after the time when notice is given under paragraph (a) above, and

(c) subsection (4)(c) shall have effect.

(6) Subsection (4)(c), in its application to the amendment or revocation of a condition (by virtue of subsection (1)), shall be treated as—

(a) making existing licences subject to the condition as amended, or

(b) relieving existing licences from the condition revoked.

Commencement Information

I1 S. 76(1)-(3) in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I2 S. 76(4)-(6) in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)