2006 No. 3287
The Gambling Appeals Tribunal Fees Regulations 2006
Made
Laid before Parliament
Coming into force
The Lord Chancellor, in exercise of the powers conferred on him by sections 147 and 355(5) of the Gambling Act 20051, after consultation with the Secretary of State under subsection (1) of section 147, makes the following Regulations.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Gambling Appeals Tribunal Fees Regulations 2006 and shall come into force on 1st January 2007.
2
In these Regulations—
a
any reference to a section by number alone is a reference to the section so numbered in the Gambling Act 2005;
b
“appeal” means an appeal to the Tribunal under section 141 or section 337(1);
c
“appellant” means a person who brings an appeal before the Tribunal;
d
“fee” means the fee prescribed by these Regulations;
e
“Table” means to the table set out in Part 1 of the Schedule to these Regulations;
f
“Tribunal” means the Gambling Appeals Tribunal established under section 140(1).
Fee for bringing an appeal2
Subject to regulations 3 and 4, the fee in relation to an appeal listed in column 1 of the Table is the amount set out opposite it in column 2 of the Table.
Exemptions, reductions, waivers and refunds
3
1
No fee is payable under these Regulations by an appellant who, at the time that the fee would otherwise become payable, is in receipt of any qualifying benefit.
2
The following are qualifying benefits for the purpose of paragraph (1)—
a
income support under the Social Security Contributions and Benefits Act 19922;
b
working tax credit under the Tax Credits Act 20023, provided that—
i
child tax credit is being paid to the appellant, or otherwise following a claim made jointly by the appellant and another person as a couple under section 3(3) of that Act4; or
ii
there is a disability element or severe disability element (or both) to the tax credit received by the appellant,
and the gross annual income taken into account for the calculation of the working tax credit is £15,460 or less;
c
income-based jobseeker’s allowance under the Jobseekers Act 19955;
d
guarantee credit under the State Pension Credit Act 20026.
4
Where the payment of any fee prescribed by these Regulations would, owing to the exceptional circumstances of the particular case, involve undue financial hardship to the appellant, the Tribunal may reduce or waive the fee.
5
1
Subject to paragraph (2), where a fee has been paid at a time—
a
when, under regulation 3, it was not payable, the fee shall be refunded;
b
when the Tribunal, if it had been aware of all the circumstances, would have reduced the fee under regulation 4, the amount by which the fee would have been reduced shall be refunded; and
c
when the Tribunal, if it had been aware of all the circumstances, would have waived the fee under regulation 4, the fee shall be refunded.
2
No refund shall be made under paragraph (1) unless the appellant applies to the Tribunal in writing within 6 months of paying the fee.
3
The Tribunal may extend the period of 6 months referred to in paragraph (2) if it considers that there is good reason for an application being made after the end of the period of 6 months.
On the authority of the Lord Chancellor
SCHEDULE
PART 1
Table
Column 1 | Column 2 |
---|---|
On filing an appeal of a description set out in Part 2 in relation to one of the operating licences listed: | Fee (£) |
Casino operating licence in accordance with section 65(2)(a). | 13,070 |
Bingo operating licence in accordance with section 65(2)(b). | 2,905 |
General betting operating licence in accordance with section 65(2)(c). | 9,335 |
Pool betting operating licence in accordance with section 65(2)(d). | 9,335 |
Betting intermediary operating licence in accordance with section 65(2)(e). | 9,335 |
Gaming machine general operating licence for an adult gaming centre in accordance with section 65(2)(f). | 1,450 |
Gaming machine general operating licence for a family entertainment centre in accordance with section 65(2)(g). | 1,450 |
Gaming machine technical operating licence in accordance with section 65(2)(h). | 1,450 |
Gambling software operating licence in accordance with section 65(2)(i). | 1,450 |
Lottery operating licence in accordance with section 65(2)(j). | 8,710 |
On filing an appeal of a description set out in Part 2 in relation to one of the personal licences listed: | Fee (£) |
Personal management office licence in accordance with sections 127 and 80(5). | 1,450 |
Personal operational function licence in accordance with sections 127 and 80(6). | 755 |
Voided bet order | Fee (£) |
On filing an appeal under section 337(1) against the Gambling Commission’s order under section 336(1) to void a bet. | 8,710 |
Part 2
An appeal under section 141(1) against the Gambling Commission’s decision not to issue or renew an operating or personal licence. |
An appeal under section 141(2) against the Gambling Commission’s decision to attach a condition to a personal or operating licence. |
An appeal under section 141(3) against the Gambling Commission’s decision that an operating licence shall not continue to have effect when there is a new company controller. |
An appeal under section 141(4) against the Gambling Commission’s decision to refuse to vary an operating or personal licence following an application to vary under section 104. |
An appeal under section 141(5) against the Commission’s notification relating to the lapse of an operating or personal licence due to mental or physical incapacity. |
An appeal under section 141(6) against the Gambling Commission’s exercise of a section 117 regulatory power to— give a warning attach an additional condition to a licence remove or amend a condition attached to a licence make, amend or remove an exclusion to a remote licence under section 67(1) suspend a licence revoke a licence impose a penalty |
An appeal under section 141(7) against the Gambling Commission’s decision to suspend a licence, except following a section 116 review. |
An appeal under section 141(8) against the Gambling Commission’s decision to revoke a licence, except following a section 116 review. |
An appeal under section 141(9) against the Gambling Commission’s decision to impose a financial penalty under section 121. |
(This note is not part of the Regulations)