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101.—(1) This paragraph specifies the circumstances in which a person applying for a prize gaming permit under Schedule 14 to the 2005 Act (referred to in this Part as a “prize gaming permit”) is to be treated for the purposes of this Part as an existing operator.
(2) A person is an existing operator if on the date on which he makes the application for the prize gaming permit—
(a)he holds a permit issued under section 16 of the 1976 Act (which provides for permits authorising the provision of amusements with prizes at certain commercial entertainments) (referred to in this Part as a “section 16 permit”), or
(b)he is applying for such a permit, and the application (including any appeal) has not been finally determined or withdrawn.
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