Regulation 35 Fees for applications relating to change of corporate control – new controller in family-owned small-scale operatorI1

England, Wales and Scotland

(1)

Where the conditions set out in paragraph (2) are satisfied, the fee to accompany a change application is F1£160.

(2)

The conditions referred to in paragraph (1) are that—

(a)

the licensee making the application is a private limited company;

(b)

the licensee is a small scale operator and would remain so if the application is granted^f1;

(c)

the new controller has become a controller of the licensee within the meaning of section 422 of the Financial Services and Markets Act 2000 solely by acquiring a holding of, or increasing an existing holding to, 10 per cent or more of the shares in the licensee;

(d)

when the new controller becomes a controller of the licensee, the percentage of shares held by the new controller in the licensee is equal to or less than the percentage of shares held by each other shareholder in the licensee; and

(e)

at the time the application is made—

(i)

every shareholder in the licensee other than the new controller is a spouse, civil partner, child, parent or sibling of the new controller, and

(ii)

the new controller does not exercise a function in connection with the licensed activities.

Annotations

Textual amendments

F1: Sum in reg. 35(1) substituted (1.10.2021) by The Gambling (Operating Licence and Single-Machine Permit Fees) (Amendment) Regulations 2021 (S.I. 2021/701), regs. 1(2), 18

Commencement

I1: Reg. 35 in force at 6.4.2017, see reg. 1(2)

Footnotes

f1: “Small scale operator” is defined in regulation 2 of the Gambling Act 2005 (Definition of Small-scale Operator) Regulations 2006 (S.I. 2006/3266), to which there are amendments not relevant to these Regulations.