Gambling legislation reforms

General commentary on the descriptions of changes in this consultation

The commentary below focuses solely on the substantive changes currently proposed in the FSA Bill and the GSC Bill. In the interest of keeping this document concise, it does not generally address consequential or ancillary amendments made to support the implementation of those substantive changes.

Please note that the descriptions provided are of the proposals as they currently stand. These may be subject to revision following the outcome of the public consultation or during the legislative process in the branches of Tynwald.

Section 12A (Directions)

A new power to issue directions to the holder of a licence, permit or registration under this Act has been included. A direction is a tool which compels the holder of a licence, permit or registration to undertake specified actions in order to correct a failure identified in their compliance with their obligations under the Act or under the conditions of their licence, permit or registration.

A direction under this section may:

• (a) Require the holder of a certificate or a licence to comply with a request for information under paragraph 4 (requests for information for regulatory inspection purposes) of Schedule 4A (inspection and investigation)
   
• (b) Require the holder of a certificate or a licence to take such action in respect of the holder’s business as is specified in the direction
   
• (c) Impose such requirements as are necessary to secure that any business carried on by the holder of a certificate or a licence is in whole or in part suspended or discontinued; or
   
• (d) Where a holder of a certificate or a licence intends to surrender a certificate or a licence, require the person to take such action as is necessary to secure that any business or activity carried on by the holder is in whole or in part discontinued and wound up

Non-compliance with a direction may be taken into account by the GSC when considering whether to take any of the further actions cited within subsection (4), namely, revoking a certificate or a licence.

In the case of a direction which relates to the surrender process of a licence or certificate however, non-compliance will be considered a criminal offence, by virtue of the fact that none of the previously cited consequences would be particularly effective in the case of a licence holder that is in the process of surrendering its licence or certificate.

The issue of a direction under this section is subject to a right of appeal. The Gambling (Amendment) Act 2006 has been updated in consequence.

Section 16 (Orders and regulations)

New powers have been introduced such that orders and regulations made under this Act may sub-delegate functions, and require the holders of a licence, permit or registration to comply with such standards as may be specified. This change has been introduced for consistency with the secondary making powers contained within the other gambling Acts. There are no planned amendments that are proposed following this insertion.

Schedule 2, paragraph 4 (Revocation of licence)

The decision by the Board to revoke a licence under this paragraph is currently in an anomalous position where the decision does not attract a right of appeal. In order to bring consistency with such decisions of the GSC in respect of other licences, permits, registrations etc. that it issues across the gambling Acts, an amendment will be made such that the decision to revoke a licence under this paragraph will also attract a right of appeal. An amendment will be made to the Gambling (Amendment) Act 2006 in consequence.