Part 5

Operating Licences

Duration

Forfeiture
115
1
Where the holder of an operating licence is convicted of a relevant offence by or before a court in Great Britain the court may order forfeiture of the licence.
2
Forfeiture under this section shall be on such terms (which may include terms as to suspension) as may be specified by—
a
the court which orders forfeiture,
b
a court to which an appeal against the conviction, or against any order made on the conviction, has been or could be made, or
c
the High Court, if hearing proceedings relating to the conviction.
3
Subject to any express provision made under subsection (2), an operating licence shall cease to have effect on the making of a forfeiture order under subsection (1).
4
The terms on which a forfeiture order is made under this section shall, in particular, include a requirement that the licensee deliver to the Commission, within such time as the order may specify—
a
the licence, or
b
a statement explaining why it is not reasonably practicable to produce the licence.
5
As soon as is reasonably practicable after making an order for forfeiture under this section the court shall notify the Commission.
S. 115 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 paras. 44, 47
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
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
S. 115 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)
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)