The Gambling Appeals Tribunal (Amendment) Rules 2007

This Statutory Instrument has been made in consequence of defects in S.I. 2006/3293 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2007 No. 577

Betting, Gaming and lotteries

The Gambling Appeals Tribunal (Amendment) Rules 2007

Made

27th February 2007

Laid before Parliament

28th February 2007

Coming into force

26th March 2007

The Lord Chancellor makes the following Rules, in exercise of the powers conferred on him by sections 146 and 355(5) of, and paragraph 14 of Schedule 8 to, the Gambling Act 2005(1), after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992(2).

1.  These Rules may be cited as the Gambling Appeals Tribunal (Amendment) Rules 2007 and shall come into force on 26 March 2007.

2.—(1) The Gambling Appeals Tribunal Rules 2006(3) are amended as follows—

(2) In rule 2(2)—

(a) in the definition of “the Tribunal” for “140.” substitute “140;”; and

(b) after the definition of “the Tribunal” insert ““working day” means any day except for Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971(4).”.

(3) In rule 5(2)(f) omit “, which may be by e-mail”.

(4) In rule 17(8) for “Summons” substitute “summons”.

(5) In rule 22(6) after “individual” insert “, except for a member of the Council on Tribunals or the Scottish Committee of that Council,”.

(6) In rule 26(2)(b) omit “working”.

(7) In rule 33(2) after “must” insert “be”.

(8) In rule 41—

(a) in paragraph (1)—

(i) after “specified” insert “in days”; and

(ii) in sub-paragraph (b), for “10 working” substitute “as working”.

(b) for paragraph (2) substitute—

“(2) Where the time prescribed for doing any act expires on a day which is not a working day, the act is done in time if done on the next working day.”.

Signed by authority of the Lord Chancellor

Cathy Ashton

Parliamentary Under Secretary of State,

Department for Constitutional affairs

27 February 2007

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make amendments to the Gambling Appeals Tribunal Rules 2006 [S.I. 2006/3293] (‘Tribunal Rules’). The Tribunal Rules set out the practice and procedure to be followed in proceedings before the Gambling Appeals Tribunal established by the Gambling Act 2005 (c.19). These Rules are made in consequence of defects in the Tribunal Rules and will be issued free of charge to all known recipients of the Tribunal Rules.

In rule 5(2)(f) the words “which may be by e-mail” are unnecessary because of rule 42.

The amendments made to rule 41 (calculation of time) ensure that where a time for doing an act under the Rules is 10 days or less only “working days” should be counted as being a day. Consequential amendments have been made to rules 2(2) and 26(2)(b) and amendments have been made to rules 17(8) and 33(2) to correct typing errors.

The amendments to rule 22(6) provide that a member of the Council on Tribunals or its Scottish Committee should have the right to attend any proceedings that are to be held in private.

(1)

2005 c.19.

(2)

1992 c.53.

(3)

S.I. 2006/3293.

(4)

1971 c.80.