# The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006, Paragraph 45: Continuation of certificates under section 19 of the Gaming Act 1968 on and after 1st September 2007

Extent: E+W+S

(1) This paragraph applies to a certificate issued under section 19 of the 1968 Act (which provides for persons exercising specified functions on premises licensed under that Act to be approved by the Gambling Commission) which—
(a) is in force immediately before 1st September 2007, or
(b) is granted on or after that date.
(2) A certificate to which this paragraph applies is referred to in this Part as a section 19 certificate.
(3) A section 19 certificate is to have effect on and after 1st September 2007.
(4) Subject to sub-paragraphs (5) to (6C), where a section 19 certificate has effect in accordance with sub-paragraph (3), its effect is to authorise the person to whom it was issued, in connection with the provision of facilities for gambling in reliance on a non-remote casino or bingo operating licence—
(a) to perform the functions specified in the certificate on the premises so specified, or
(b) to perform any functions reasonably necessary for the purposes of acting in the capacity specified in the certificate in relation to the premises so specified.
(5) Sub-paragraph (6) applies to any certificate under section 19 of the 1968 Act where the holder of the certificate applies (whether before, on or after 1st September 2007) for a personal licence to authorise the performance of functions which include the functions authorised by the certificate.
(6) The section 19 certificate is to have effect on and after—
(a) 1st September 2007, or
(b) if the application referred to in paragraph (5) is made after that date, the date on which the application is made,
as if it authorised the holder to perform the functions referred to in the certificate in or in relation to any premises in respect of which, as the case may be, a casino or bingo premises licence has effect (and not only in or in relation to the premises specified in the certificate).
(6A) Sub-paragraph (6B) applies to any section 19 certificate (“the existing certificate”) where—
(a) the holder of the certificate is applying for a new certificate under section 19 of the 1968 Act (“the new certificate”), and
(b) immediately before 1st September 2007 that application has not been determined or withdrawn.
(6B) In sub-paragraph (6A), the reference to an application for a new section 19 certificate is to an application for a certificate under section 19 of the 1968 Act—
(a) whose effect would be to authorise the performance of functions to which subsection (1) of that section applies, and
(b) which would apply to different premises from those to which the existing certificate applies.
(6C) The existing certificate is to have effect on and after 1st September 2007 as if it authorised the holder to perform functions in or in relation to the premises to which the new certificate would apply (as well as in or in relation to the premises specified in the existing certificate).
(6D) If the application for a personal licence referred to in sub-paragraph (5) or the application for a certificate under section 19 of the 1968 Act referred to in sub-paragraph (6A) is rejected, sub-paragraph (6) or (as the case may be) sub-paragraph (6C) shall cease to have effect in relation to the section 19 certificate.
(7) On and after 1st September 2007 a section 19 certificate is to have effect subject to any relevant personal licence conditions.
(8) In sub-paragraph (7), references to relevant personal licence conditions in relation to a section 19 certificate are to—
(a) any conditions in relation to personal licences—
(i) for the time being specified by the Gambling Commission under section 75 of the 2005 Act, or
(ii) for the time being specified by the Secretary of State in regulations under section 78 of that Act,
and which apply to the performance of the functions authorised by the certificate; ...
(aa) the conditions specified in sections 82(1) and 83(1) of the 2005 Act; and
(b) any conditions attached to the certificate by virtue of paragraph 48(3).

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Source: https://www.legislation.gov.uk/uksi/2006/3272/schedule/4/paragraph/45 (the official version)
Page: https://openlegislation.uk/gambling-act-2005-commencement-no-6-and-transitional-provisions-order-2006/schedule-4/paragraph-45
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.