3.—(1) If the Commission has not finally determined an advance application by 1st October 2014 it must, where the condition in paragraph (2) is satisfied, issue the applicant with a remote operating licence authorising that applicant to carry on such activity as is set out in paragraph (3).
(2) The condition is that the advance application was made on or before 16th September 2014 by—
(a)a person, or
(b)a holding company or wholly-owned subsidiary (as defined respectively in subsection (1) and (2) of section 1159 of the Companies Act 2006)(1)) of a person,
who, on the date of application, provides facilities for remote gambling in Great Britain, the arrangements for which are subject to the law about gambling of a relevant state.
(3) The activity referred to in paragraph (1) is the provision of such facilities for remote gambling as, in the Commission’s view, the applicant, holding company or wholly-owned subsidiary of the applicant, as the case may be, provided in Great Britain under the law about gambling of the relevant state on the date of application.