Gambling Act 2005 (c. 19)

(The document as of February, 2008)

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21 The amendments made by this Schedule are without prejudice to the generality of paragraph 4 of Schedule 5.

Section 356

SCHEDULE 17 Repeals

Enactment	Repeal
Gaming Act 1710 (c. 19)	The whole Act.
Gaming Act 1738 (c. 28)	The whole Act.
Gaming Act 1835 (c. 41)	The whole Act.
Metropolitan Police Act 1839 (c. 47)	The words ", or knowingly suffer any unlawful games or any gaming whatsoever therein,".
Gaming Act 1845 (c. 109)	The whole Act.
Gaming Act 1892 (c. 9)	The whole Act.
Libraries Offences Act 1898 (c. 53)	Section 2(3).
Betting, Gaming and Lotteries Act 1963 (c. 2)	The whole Act.
Police Act 1964 (c. 48)	In Schedule 9, the entry for the Betting, Gaming and Lotteries Act 1963.
Local Government Act 1966 (c. 42)	In Schedule 3, paragraph 23.
Theft Act 1968 (c. 60)	In Schedule 2, the entry for the Gaming Act 1845.
Gaming Act 1968 (c. 65)	The whole Act.
Decimal Currency Act 1969 (c. 19)	In Schedule 2, paragraph 17.
Family Law Reform Act 1969 (c. 46)	In Schedule 1, the entry for the Betting, Gaming and Lotteries Act 1963.
Chronically Sick and Disabled Persons Act 1970 (c. 44)	Section 8B(2)(c).
Courts Act 1971 (c. 23)	In Schedule 6, paragraph 6. In Schedule 9 (a) the entry for the Betting, Gaming and Lotteries Act 1963, and (b) the entry for the Gaming Act 1968.
Local Government Act 1972 (c. 70)	In Schedule 29, paragraph 13.
Gaming (Amendment) Act 1973 (c. 12)	The whole Act.
Lotteries Act 1975 (c. 58)	The whole Act.
Lotteries and Amusements Act 1976 (c. 32)	The whole Act.
Licensing (Scotland) Act 1976 (c. 66)	Section 133.
Criminal Law Act 1977 (c. 45)	In Schedule 1, paragraph 17. In Schedule 6, the entry for the Gaming Act 1968. In Schedule 12, the entry for the Gaming Act 1968.
Gaming (Amendment) Act 1980 (c. 8)	The whole Act.
Local Government, Planning and Land Act 1980 (c. 65)	In Schedule 8, the entry for the Lotteries and Amusements Act 1976.
Supreme Court Act 1981 (c. 54)	In section 28(2)(b), the references to the Betting, Gaming and Lotteries Act 1963 and the Gaming Act 1968.
Betting and Gaming Duties Act 1981 (c. 63)	Sections 9 to 9B.
Gaming (Amendment) Act 1982 (c. 22)	The whole Act.
Criminal Justice Act 1982 (c. 48)	In Schedule 3, the entry for the Betting, Gaming and Lotteries Act 1963.
Lotteries (Amendment) Act 1984 (c. 9)	The whole Act.
Betting, Gaming and Lotteries (Amendment) Act 1984 (c. 25)	The whole Act.
Police and Criminal Evidence Act 1984 (c. 60)	In Schedule 6, paragraph 12.
Companies Consolidation (Consequential Provisions) Act 1985 (c. 9)	In Schedule 2, the entry for the Betting, Gaming and Lotteries Act 1963.
Betting, Gaming and Lotteries (Amendment) Act 1985 (c. 18)	The whole Act.
Gaming (Bingo) Act 1985 (c. 35)	The whole Act.
Local Government Act 1985 (c. 51)	In Schedule 8, paragraph 6.
Social Security Act 1985 (c. 53)	Section 25.
Gaming (Amendment) Act 1986 (c. 11)	The whole Act.
Gaming (Amendment) Act 1987 (c. 11)	The whole Act.
Companies Act 1989 (c. 40)	In Schedule 10, paragraph 25.
Gaming (Amendment) Act 1990 (c. 26)	The whole Act.
Bingo Act 1992 (c. 10)	The whole Act.
National Lottery etc. Act 1993 (c. 39)	Section 2. Section 18(1) to (4). Section 45. Section 46(3). Sections 47 to 59. In Schedule 1, paragraphs 1 and 2. Schedules 7 to 9.
Local Government (Wales) Act 1994 (c. 19)	In Schedule 16, paragraph 50.
Coal Industry Act 1994 (c. 21)	Section 68(2)(d)(iv). In Schedule 9, paragraph 12.
Deregulation and Contracting Out Act 1994 (c. 40)	Section 20.
Civil Evidence Act 1995 (c. 38)	In Schedule 1, paragraph 4.
Employment Rights Act 1996 (c. 18)	In Schedule 1, paragraph 9.
Access to Justice Act 1999 (c. 22)	In Schedule 13, paragraphs 32 to 35.
Financial Services and Markets Act 2000 (c. 8)	In section 412(1) (a) in paragraph (a), the words "section 18 of the Gaming Act 1845, section 1 of the Gaming Act 1892 or", and (b) paragraph (b).
Criminal Justice and Police Act 2001 (c. 16)	Section 63(2)(d). In Schedule 1, paragraphs 6, 11, 20, 89, 93 and 97.
Licensing Act 2003 (c. 17)	In Schedule 6, paragraphs 29 to 31, 48 to 52 and 62 to 66.
Courts Act 2003 (c. 39)	In Schedule 8, paragraphs 113 to 115 and 132.
Criminal Justice Act 2003 (c. 44)	In Schedule 25, paragraph 54.

Note

The repeal of section 2 of the National Lottery etc. Act 1993 shall not extend to Northern Ireland.

Section 358

SCHEDULE 18 Transitional

Part 1 Transitional Continuation of Old Licences, &c.

Introduction

1 (1) In this Part a reference to a commencement order is a reference to an order under section 358(1).

(2) This Part is without prejudice to the generality of section 355(1)(c).

Transitional continuation of licences, &c.

2 A commencement order may--

(a) provide for a licence or other document issued under an enactment repealed by this Act to have such effect as the order may specify after the commencement of the repeal until a time specified by or determined in accordance with the order;

(b) provide for the application of this Act, with any specified modifications, in relation to a licence or document to which paragraph (a) applies;

(c) disapply, or modify the application of, a provision of this Act in relation to specified things done in reliance on a licence or document to which paragraph (a) applies.

Transitional protection for casinos below minimum licensable size

3 A commencement order may--

(a) disapply section 174(1) in respect of premises that are in use, or could lawfully be used, for the operation of a casino (within the meaning of section 7(1) to (3)) when Part 8 of this Act comes into force;

(b) provide for the application of this Act, with any specified modifications, in relation to premises of that kind;

(c) disapply, or modify the application of, a provision of this Act in relation to specified things done on or in relation to premises of that kind.

References to procedures under this Act

4 A commencement order may include provision for a reference in this Act or in another enactment to anything done under or by virtue of this Act to be taken, for such transitional purposes as may be specified, as including a reference to a thing done under or by virtue of an enactment repealed by this Act.

Part 2 Advance and Interim Applications, and Conversion

Advance applications

5 In this Schedule a reference to an advance application for a licence or permit is a reference to an application made in advance of the commencement of the offence or other provision of this Act in connection with which the licence or permit is required.

6 The Secretary of State may by order--

(a) make provision about the making, consideration or determination of an advance application for a licence or permit;

(b) make provision about the effect of a licence or permit issued in response to an advance application;

(c) require the person to whom an advance application for a licence or permit under this Act is made to determine the application within a specified period;

(d) make provision for an advance application for a licence or permit under this Act to be treated as granted (for such purposes, with such effect and for such period as the order may specify) if not determined in accordance with a requirement imposed under paragraph (c).

7 An order under paragraph 6--

(a) may make provision about advance applications generally or only if made before a specified date or during a specified period, and

(b) may make different provision in relation to different classes of advance application or different classes of activity.

Interim applications

8 The Secretary of State may by order make provision for or about the grant or renewal of a licence or other document, or a registration, under an enactment to be repealed by this Act during a specified period between the passing of this Act and the commencement of the repeal.

Conversion of existing licences, &c.

9 The Secretary of State may by order--

(a) make provision for the conversion of a licence or other document under an enactment to be repealed by this Act into a licence or permit under this Act (which may, in particular, include provision requiring a person to whom an advance application is made to grant it in specified circumstances or to a specified extent);

(b) make provision for the conversion of registration under an enactment to be repealed by this Act into registration under this Act or into possession of a licence or permit under this Act (which may, in particular, include provision requiring a person to whom an advance application is made to grant it in specified circumstances or to a specified extent).

10 An order under paragraph 9 may provide for conversion of licences, other documents or registrations generally or by reference to--

(a) the use made of a licence, document or registration,

(b) the age or duration of a licence, document or registration, or

Orders: general

11 An order under this Part--

(a) may include provision modifying the effect of a provision of this Act or the effect of a provision to be repealed by this Act, and

(b) may apply or replicate a provision of this Act with or without modification (including a provision conferring a discretion or providing for the payment of a fee).

Amended by correction slip on 01 May 2005

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