Section 25 Guidance to local authoritiesI1

England, Wales and Scotland

(1)

The Commission shall from time to time issue guidance as to—

(a)

the manner in which local authorities are to exercise their functions under this Act, and

(b)

in particular, the principles to be applied by local authorities in exercising functions under this Act.

(2)

A local authority shall have regard to guidance issued under subsection (1).

(3)

The Commission shall publish guidance issued under subsection (1).

(4)

Before issuing guidance under subsection (1) the Commission shall consult—

(a)

the Secretary of State,

(b)

Her Majesty's Commissioners of Customs and Excise,

(c)

the Scottish Ministers,

(d)

one or more persons who appear to the Commission to represent local authorities,

(e)

one or more persons who appear to the Commission to represent the interests of persons carrying on gambling businesses, and

(f)

one or more persons who appear to the Commission to have knowledge about social problems relating to gambling.

(5)

Before issuing guidance under subsection (1) the Commission shall also consult, if and to the extent that the Commission thinks appropriate having regard to the nature of the guidance—

(a)

one or more persons who appear to the Commission to represent chief constables of police forces, F1...

(aa)

F2the chief constable of the Police Service of Scotland, and

(b)

in such manner as the Commission thinks appropriate, members of the public.

(6)

In this section “local authority” means—

(a)

in relation to England—

(i)

a district council,

(ii)

a county council for a county in which there are no district councils,

(iii)

a London borough council,

(iv)

the Common Council of the City of London,

(v)

the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple, and

(vi)

the Council of the Isles of Scilly,

(b)

in relation to Wales—

(i)

a county council, and

(ii)

a county borough council, and

(c)

in relation to Scotland, a licensing board F3continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16) .

Annotations

Textual amendments

F1: Word in s. 25(5)(a) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 49(4)(a)
F2: S. 25(5)(aa) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 49(4)(b)
F3: Words in s. 25(6)(c) substituted (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), sch. 1 para. 12(3) (with art. 3)

Commencement

I1: S. 25 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)