Regulation 34 Fees for applications relating to change of corporate control – known or regulated new controllerI1

England, Wales and Scotland

(1)

This regulation applies to a change application where, at the time the application is made, the new controller—

(a)

is the holder of an operating licence; or

(b)

is a financial institution (as defined in point (26) of Article 4(1) of Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013)—

(i)

regulated by the Financial Conduct Authority or the Prudential Regulation Authority, or

(ii)

which has its registered office (or, if it has no registered office, its head office) in an EEA state other than the United Kingdom, and which is regulated by its home state regulator as defined in paragraph 9 of Schedule 3 to the Financial Services and Markets Act 2000^f1.

(2)

Where this regulation applies, the fee to accompany a change application is F1£160 if the new controller becomes a controller within the meaning of section 422 of the Financial Services and Markets Act 2000^f2 solely by acquiring a holding of, or increasing an existing holding to, 10 per cent or more of the shares in the company.

(3)

But if the new controller becomes a controller within the meaning of section 422 of that Act in circumstances other than those falling within paragraph (2), the fee is—

(a)

if the licence to which the change application relates is a combined operating licence, 25 per cent of the fee referred to in regulation 19(a);

(b)

if the change application is one to which paragraph (4) applies, the amount determined in accordance with paragraphs (5) and (6);

(c)

if the change application is one to which paragraph (7) applies, the amount determined in accordance with paragraphs (8) and (9); or

(d)

in any other case, 25 per cent of the application fee that would be payable for a licence of the same kind as that to which the change application relates at the time that that change application is made (as determined by regulations 7, 12, 14(1) and 15(1)(a)).

(4)

This paragraph applies where a person who holds the following licences makes simultaneous change applications in relation to those licences—

(a)

a non-remote operating licence; and

(b)

a remote operating licence (other than an ancillary remote operating licence).

(5)

The fee to accompany the change applications referred to in paragraph (4) is—

(a)

where, at the time the change applications are made, the application fees that would be payable for operating licences of the same kinds as those which are the subject of the change applications are not equal, 25 per cent of the higher application fee; or

(b)

where, at the time the change applications are made, the application fees that would be payable for operating licences of the same kinds as those which are the subject of the change applications are equal, 25 per cent of the application fee for one of those licences.

(6)

In paragraph (4)—

(a)

“non-remote operating licence” includes a combined non-remote operating licence; and

(b)

“remote operating licence” includes a combined remote operating licence.

(7)

This paragraph applies where—

(a)

two or more holders of operating licences make change applications,

(b)

the applications are made at the same time and in respect of the same new controller, and

(c)

each licensee is, in relation to each other licensee, a group company.

(8)

The fees to accompany the change applications referred to in paragraph (7) are—

(a)

the fee calculated in accordance with paragraph (9); and

(b)

F2£160 for each other application.

(9)

The fee referred to in paragraph (8)(a) is the highest (or, as the case may be, joint highest) of the fees that would be applicable if, at the time the change applications referred to in paragraph (7) were made, the fee for each such application was calculated in accordance with paragraph (3) (but ignoring paragraph (3)(c)).

Annotations

Textual amendments

F1: Sum in reg. 34(2) substituted (1.10.2021) by The Gambling (Operating Licence and Single-Machine Permit Fees) (Amendment) Regulations 2021 (S.I. 2021/701), regs. 1(2), 17(1)
F2: Sum in reg. 34(8)(b) substituted (1.10.2021) by The Gambling (Operating Licence and Single-Machine Permit Fees) (Amendment) Regulations 2021 (S.I. 2021/701), regs. 1(2), 17(2)

Commencement

I1: Reg. 34 in force at 6.4.2017, see reg. 1(2)

Footnotes

f1: 2000 c. 8; paragraph 9 was amended by S.I. 2012/1906, article 4(1) and (4).
f2: Section 422 was substituted by S.I. 2009/534, Schedule 3, and subsequently amended by S.I. 2013/3115, paragraph 25 of Schedule 2.