46 Appeal to Gambling Commission regarding class 3 operator’s licence

(1)

A society may appeal to the Gambling Commission against a decision of the Secretary to—

(a)

refuse to grant a class 3 operator’s licence to the society; or

(b)

amend or revoke a condition of the licence, or add a new condition to it; or

(c)

refuse an application by the corporate society for the renewal of a class 3 operator’s licence; or

(d)

refuse to amend a class 3 operator’s licence held by the society; or

(e)

suspend or cancel a class 3 operator’s licence held by the society.

(2)

An appeal must be in writing and must be made within—

(a)

15 working days after the date of the notice of the Secretary’s decision; or

(b)

any longer period that the Gambling Commission allows if an application for an extension is made within the time period specified in paragraph (a).

(3)

The Gambling Commission—

(a)

may request any information from the society or the Secretary; and

(b)

is not bound to follow any formal procedure; and

(c)

does not need to hold a hearing; and

(d)

must consider any information provided by the society or the Secretary.

(4)

The Gambling Commission may then—

(a)

confirm, vary, or reverse the decision of the Secretary; or

(b)

refer the matter back to the Secretary with directions to reconsider the decision.

(5)

The Gambling Commission must give notice of—

(a)

its decision, with reasons, to both the society and the Secretary; and

(b)

the date on which its decision takes effect (which may be a date that is later than the date on which it makes the decision).

Section 46(5): replaced, on 21 October 2015, by section 9 of the Gambling Amendment Act (No 2) 2015 (2015 No 90).