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STATUTORY INSTRUMENTS


2006 No. 636

BETTING, GAMING AND LOTTERIES, ENGLAND AND WALES

The Gambling Act 2005 (Licensing Authority Policy Statement)(England and Wales) Regulations 2006

  Made 5th March 2006 
  Laid before Parliament 9th March 2006 
  Coming into force 31st March 2006 

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 349(4) of the Gambling Act 2005[1].

Citation, commencement and extent
     1. —(1) These Regulations may be cited as the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006 and shall come into force on 31st March 2006.

    (2) These Regulations shall extend to England and Wales.

Interpretation
    
2. In these Regulations—

Form of the statement or revision
    
3. Subject to regulations 4, 5 and 6, the form of the statement or any revision is to be for the authority to determine.

    
4. —(1) The statement shall include an introductory section at or near the beginning, summarising the matters dealt with in the statement.

    (2) The introductory section shall also include—

    (3) The authority may satisfy the requirement in paragraph (a) by including a plan of the area to which the statement applies.

    
5. The following matters shall each be set out in a separate section within the statement—

     6. —(1) Regulation 4(1) shall apply to a revision as it applies to a statement.

    (2) The introductory section of a revision shall include a list of the persons whom the authority has consulted in preparing the revision.

    (3) In so far as a revision deals with any of the matters referred to in regulation 5, the form of the revision shall be in accordance with those provisions.

Procedure to be followed in preparing or publishing a statement or revision
    
7. —(1) Before a statement or revision comes into effect, the authority that prepared it must—

    (2) The statement or revision must be published by being made available for a period of at least 4 weeks before the date on which it will come into effect—

    (3) The notice referred to in paragraph (1)(b) shall specify—

    (4) That notice shall be published no later than the first day on which the statement or revision is published in accordance with paragraph (2)—


Richard Caborn
Minister of State Department for Culture, Media and Sport

5th March 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


The Gambling Act 2005 ("the Act") gives licensing authorities various functions in relation to the licensing of premises and issuing of permits for gambling. Under section 349 of the Act, licensing authorities are required to produce, at least every three years, a statement of the principles that they propose to apply when exercising their functions under the Act ("a statement"). A licensing authority may revise a statement at any time during which it has effect.

These Regulations set out requirements as to the form and publication of a statement or a revision of a statement.

Regulation 3 provides for the form of the statement to be for the licensing authority to determine, subject to complying with the requirements specified in regulations 4 to 6.

Regulation 4 requires the statement to include an introductory section summarising the matters contained in the statement, describing the geographical area in respect of which the authority exercises functions under the Act, and listing the persons consulted in preparing the statement. Regulation 5 requires the statement to include four sections which deal separately with the functions mentioned in sub-paragraphs (a) to (d) of that regulation.

Under regulation 6, a revision is also to include a summary of the matters contained in the statement. The introductory section of a revision is also to list the persons whom the authority has consulted in preparing the revision. Where a revision deals with any of the matters referred to in regulation 5 it is to comply with the provisions of that regulation.

Regulation 7 sets out requirements about the advertisement and publication of a statement or revision. The statement or revision must be published on the licensing authority's website, and in at least one of the places set out in regulation 7(2)(b), for a period of at least 4 weeks before it comes into effect. The authority must advertise the publication of the statement in a notice published in accordance with paragraphs (3) and (4) of regulation 7. The notice must give specified information about the statement or revision, including details about when the statement or revision will be published, when the statement or revision will come into effect, and where it can be viewed.


Notes:

[1] 2005 c.19back



ISBN 0 11 074203 6


 © Crown copyright 2006

Prepared 15 March 2006


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URL: http://www.bailii.org/uk/legis/num_reg/2006/20060636.html