# The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006, Paragraph 31: Continuation of other permits granted under section 34 of the Gaming Act 1968

Extent: E+W+S

(1) This paragraph applies to a permit under section 34 of the 1968 Act granted by the authority mentioned in paragraph 1(b) or (d) of Schedule 9 to that Act in respect of non-amusement premises which—
(a) is in force immediately before 1st September 2007, or
(b) (if not so in force) is granted or renewed on or after that date.
(2) A permit to which this paragraph applies is referred to in this paragraph and in paragraphs 32 and 33 as a Category D gaming machine permit.
(3) A Category D gaming machine permit is to continue to have effect on and after 1st September 2007.
(4) Where a Category D gaming machine permit has effect in accordance with sub-paragraph (3), it is to authorise the holder to make available on the premises to which the permit relates a number of Category D gaming machines equal to the number of lower value AWP machines which the permit would have authorised him to make available under the 1968 Act.
(5) A Category D gaming machine permit is to have effect until—
(a) in a case falling within paragraph (a) of sub-paragraph (1), whichever is the earlier of 31st July 2009 or the relevant expiry date; or
(b) in a case falling within paragraph (b) of that sub-paragraph, 31st July 2009.
(5A) Where in a case falling within sub-paragraph (5)(a)—
(a) the permit has effect immediately before 1st September 2007 by virtue of paragraph 19 of Schedule 9 to the 1968 Act; and
(b) the application under that Schedule for the renewal of the permit is granted on or after that date,
the permit is to have effect until 31st July 2009.
(6) Sub-paragraphs (5) and (5A) are subject to paragraph 33(8).
(7) In this paragraph—
(a) “lower value AWP machine” means a machine—
(i) to which Part 3 of the 1968 Act applies,
(ii) which is used for gaming (within the meaning of that Act), and
(iii) which complies with the conditions mentioned in subsection (1) of section 34 of that Act;
(b) “non-amusement premises” means any premises other than amusement machine premises; and
(c) “relevant expiry date”, in relation to a Category D gaming machine permit, means the date on which, as it had effect immediately before 1st September 2007, the permit was due to expire.

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Source: https://www.legislation.gov.uk/uksi/2006/3272/schedule/4/paragraph/31 (the official version)
Page: https://openlegislation.uk/gambling-act-2005-commencement-no-6-and-transitional-provisions-order-2006/schedule-4/paragraph-31
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.