The Gambling Act 2005 (Relevant Offences) (Amendment) Order 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the list of offences that are treated as relevant offences for the purpose of the grant and maintenance of operating and personal licences under Parts 5 and 6 of the Gambling Act 2005 (“the 2005 Act”).

Relevant offences are listed in Schedule 7 to the 2005 Act and, in relation to England and Wales, include a “sexual offence” within the meaning of section 161(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) (“the 2000 Act”) and a “violent offence” within the meaning of section 161(3) of the 2000 Act. Those provisions of the 2000 Act were repealed by the Criminal Justice Act 2003 (c.44) (“the 2003 Act”) on 4th April 2005.

Article 2 of the Order amends Schedule 7 to the 2005 Act by—

• removing the definition of “sexual offence” in paragraph 8 and replacing it with descriptions of a number of offences of a sexual nature under the law of England and Wales (inserted paragraphs 8 and 8A);

• adding an offence of abuse of trust under the Sexual Offences (Amendment) Act 2000 (c.44) under the laws of England and Wales and Scotland (inserted paragraph 8B); and

• removing the definition of “violent offence” in paragraph 9 and replacing it with specific offences of a violent nature under the law of England and Wales (inserted paragraphs 9 and 9A).

Article 3 amends Schedule 7 to the 2005 Act by adding specified offences under the law of Scotland (under statute (paragraph (1)) and at common law (paragraph (2)) of a violent or sexual nature.

These amendments include statutory offences that have been wholly or partially repealed.