Gambling Act 2005

358 Commencement E+W+S

(1) The preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order.

(2) An order under subsection (1) may (without prejudice to the generality of section 355(1))—

(a) bring only specified provisions into force;

(b) bring different provisions into force at different times;

(c) bring a provision into force for a specified purpose only;

(d) bring a provision into force at different times for different purposes;

(e) in particular, bring Part 2 into force only for specified preliminary purposes relating to the establishment of the Commission (which may include the assumption of functions of the Gaming Board for Great Britain pending the commencement of repeals made by this Act);

(f) in particular, bring a provision of this Act into force for the purpose of enabling an advance application for a licence or permit to be made, considered and determined;

(g) in particular, bring an offence or other provision of this Act into force only in relation to gambling of a specified class or in specified circumstances;

(h) include transitional provision modifying the application of a provision of this Act pending the commencement of, or pending the doing of anything under, a provision of another enactment.

(3) Schedule 18 (transitional) shall have effect.

(4) Without prejudice to the generality of section 355(1)(c) or of Schedule 18, an order under this section may—

(a) make savings (with or without modification) or transitional provision in connection with Part 1 or 2 of the Horserace Betting and Olympic Lottery Act 2004 (c. 25) (sale of the Horserace Totalisator Board (“the Tote”) and abolition of the horserace betting levy system);

(b) modify a provision of this Act in its application in relation to a matter addressed by Part 1 or 2 of that Act or so as to reflect a provision of Part 1 or 2 of that Act;

(c) modify a provision of Part 1 or 2 of that Act (including a provision which amends another enactment) so as to reflect a provision of this Act.

(5) If the Secretary of State brings into force a repeal effected by this Act at a time when the appointed day for the purposes of Part 1 of that Act has not been appointed or has not arrived, he may by order—

(a) save, with or without modification, a provision repealed by this Act in so far as it relates to the Tote;

(b) make provision in connection with the Tote of a kind similar to provision made by a provision repealed by this Act;

(c) modify a provision of this Act for a purpose connected with the Tote;

(d) modify a provision of Part 1 of that Act (including a provision which amends another enactment) so as to reflect a provision of this Act.

(6) If the Secretary of State wholly or partly brings into force the repeal by this Act of the Betting, Gaming and Lotteries Act 1963 (c. 2) at a time when the provisions listed in section 15(1)(a) to (c) of the Horserace Betting and Olympic Lottery Act 2004 (horserace betting levy system) have not been entirely repealed by order under that section, he may by order—

(a) save any of those provisions, with or without modification;

(b) make provision of a kind similar to any of those provisions;

(c) modify a provision of this Act for a purpose connected with a matter addressed by any of those provisions or by Part 2 of that Act;

(d) modify a provision of Part 2 of that Act (including a provision which amends another enactment) so as to reflect a provision of this Act.