The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006

Continuation of certificates and permits granted under section 27 of the Gaming Act 1968

17.—(1) This paragraph applies to a certificate or permit under section 27 of the 1968 Act (which makes provision as to the sale, supply and maintenance of machines to which Part 3 of that Act applies) which—

(a) is in force immediately before 1st September 2007, or

(b) is granted or renewed on or after that date.

(2) A certificate or permit to which this paragraph applies is referred to in this paragraph and in paragraphs 18 to 22 as a section 27 certificate or, as the case may be, a section 27 permit.

(3) A section 27 certificate or permit is to have effect on and after 1st September 2007.

(4) Where a section 27 certificate has effect in accordance with sub-paragraph (3)—

(a) if it was issued for the purposes of subsection (1) of section 27 of the 1968 Act, its effect is to authorise the holder—

(i) to sell or supply a gaming machine or part of a gaming machine, or

(ii) to cause or permit another person to sell or supply a gaming machine or part of a gaming machine on his behalf;

(b) if it was issued for the purposes of subsection (5) of that section, its effect is to authorise the holder—

(i) to maintain or repair a gaming machine or part of a gaming machine, or

(ii) to cause or permit another person to maintain or repair a gaming machine or part of a gaming machine on his behalf;

(c) if it was issued for the purposes of both those subsections, its effect is to authorise the activities described in both paragraphs (a) and (b).

(5) On and after 1st September 2007 a section 27 certificate is to have effect subject to any relevant operating licence conditions.

(6) In sub-paragraph (5), the reference to relevant operating licence conditions is to—

(a) any conditions for the time being specified by the Gambling Commission under section 75 of the 2005 Act in relation to gaming machine technical operating licences which apply to the activities authorised by the certificate, and

(b) any conditions attached to the certificate under paragraph 21(3).

(7) Where a section 27 permit has effect on or after 1st September 2007—

(a) if it was issued for the purposes of subsection (1) of section 27 of the 1968 Act, its effect is to authorise the holder—

(i) to sell or supply the gaming machine specified in the permit or a part of that machine, or

(ii) to cause or permit another person to sell or supply that gaming machine on his behalf;

(b) if it was issued under subsection (5) of that section, its effect is to authorise the holder—

(i) to maintain or repair the gaming machine specified in the permit or a part of that machine, or

(ii) to cause or permit another person to maintain that machine or a part of that machine on his behalf.