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The Gambling Act 2005 (Transitional Provisions) Order 2006
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Modification of the powers of the Gambling Commission to issue certificates of consent
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2.—(1) This article applies to the exercise by the Gambling Commission(1) of its powers to issue a certificate of consent under paragraph 4 of Schedule 2 to the 1968 Act during the period beginning on the date on which this Order comes into force and ending on the date on which the repeal of that paragraph by section 356(3)(g) and (4) of, and Schedule 17 to, the Gambling Act 2005 takes effect for all purposes.
(2) Where a consent application in respect of a casino licence is made on or after 29th April 2006, the Gambling Commission may only issue a certificate of consent on that application in the circumstances specified in paragraph (3).
(3) The circumstances are that—
(a)the person making the application holds one or more casino licences in respect of premises in the same licensing area; and
(b)the Gambling Commission is satisfied that the applicant intends to relinquish such a casino licence if the casino licence in respect of which the consent application is made is granted.
(4) In paragraph (3)(a) the reference to the same licensing area is—
(a)where the premises to which the consent application relates are in England or Wales, to the local justice area in which those premises are situated; and
(b)where the premises to which the consent application relates are in Scotland, to the licensing board area in which those premises are situated.
(1)
The Gaming Act 1968 confers this function on the Gaming Board for Great Britain, but by virtue of the Gambling Act 2005 the function is now exercisable by the Gambling Commission. The Gambling Commission is established by section 20 of the Gambling Act 2005. Section 21 of that Act provides for the transfer of functions, rights and liabilities of the Gaming Board for Great Britain to the Gambling Commission. Sections 20 and 21 were brought into force by S.I. 2005/2455 on 1st October 2005. Schedule 5, paragraph 4, to the Gambling Act 2005 provides for a reference to the Gaming Board in any enactment to be treated after the commencement of section 21 as a reference to the Gambling Commission.
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