Part 5

Operating Licences

Conditions

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