The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) Order 2026
This Statutory Instrument, the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) Order 2026, amends earlier 2006 commencement and transitional provisions relating to the Gambling Act 2005, specifically targeting paragraph 65 of Schedule 4.
Its primary function is to clarify the gaming machine entitlements authorised by casino premises licences granted on a conversion application, ensuring that the options described are mutually exclusive, meaning an operator may only exercise one of the specified entitlements at any time.
Arguments For
Clarifies the legal operation of casino premises licences granted under transitional provisions set out in the 2006 Order.
Corrects an ambiguity identified in a preceding Statutory Instrument (S.I. 2025/734) concerning entitlements for existing casino operators.
Ensures that gaming machine entitlements under converted licences are mutually exclusive, allowing only one specific entitlement to be used at any given time.
Arguments Against
Introduces amendments via a subsequent Statutory Instrument, suggesting potential ongoing complexity or administrative overlap following the initial commencement legislation.
Restricts operator flexibility by explicitly stating that defined gaming machine entitlements are alternatives rather than cumulative options that can be selected in series.
The amendment is procedural, meaning it addresses technical definitions rather than broad policy changes related to the overall gambling framework established by the 2005 Act.
This Statutory Instrument has been made in consequence of a defect in S.I. 2025/734 and is being issued free of charge to all known recipients of that Statutory Instrument.
STATUTORY INSTRUMENTS
2026 No. 334
BETTING, GAMING AND LOTTERIES
The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) Order 2026
This opening states the legal status of the document, noting it is being issued because a defect was found in a previous Statutory Instrument from 2025 (S.I. 2025/734).
The instrument is classified under Betting, Gaming, and Lotteries and is officially designated as Statutory Instrument 2026 No. 334.
| Made - - - | 23rd March 2026 | |------------------------|-------------------| | Laid before Parliament | 25th March 2026 | | Coming into force - | 1st May 2026 |
This table provides the key legislative dates for the Order.
It indicates the instrument was formally made on March 23, 2026, was formally presented to Parliament on March 25, 2026, and officially came into legal effect on May 1, 2026.
The Secretary of State makes this Order in exercise of the powers conferred by section 355(1) of, and paragraphs 9 and 11 of Schedule 18 to, the Gambling Act 2005( 1 ).
The competent authority for making this Order is the Secretary of State.
The power to issue this amendment stems from specific provisions—section 355(1) and paragraphs 9 and 11 of Schedule 18—within the primary legislation, the Gambling Act 2005.
Citation, commencement and extent
- This Order-
- (a) may be cited as the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) Order 2026;
- (b) comes into force on 1st May 2026;
- (c) extends to England and Wales and Scotland.
This section formally names the legislation, confirming its citation as the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) Order 2026.
It reiterates the commencement date of May 1, 2026, and specifies that the geographical extent of this Order covers England, Wales, and Scotland.
Amendment
- -(1) Paragraph 65 of Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006( 2 ) (application of the Gambling Act 2005 to casino premises licences granted on a conversion application) is amended as follows.
This is the core operative section, detailing the amendment being made.
It specifies that paragraph 65, which is part of the previous 2006 Commencement Order, is being modified.
That paragraph addresses how the Gambling Act 2005 applies to casino premises licences that were granted through a conversion process (for existing operators).
(2) In sub-paragraph (6)-
- (a) in the words before paragraph (za), for 'to do any of the following' substitute 'to do one of the following at any time (subject to sub-paragraph (6G))', and
- (b) at the end of paragraph (a) insert 'or'.
This details the specific textual changes within sub-paragraph (6) of the targeted paragraph.
It substitutes the phrase 'to do any of the following' with 'to do one of the following at any time (subject to sub-paragraph (6G))'.
It also inserts the word 'or' at the conclusion of paragraph (a), which serves to clearly separate the preceding option from whatever follows.
( 1 ) 2005 c. 19; section 355(1) was amended by section 52(5)(a) of the Scotland Act 2016 (c. 11) and by section 58(2)(a) of the Wales Act 2017 (c. 4).
This footnote details the primary legislation, the Gambling Act 2005 (c. 19), and records that the specific power cited (section 355(1)) has previously been amended by subsequent Acts concerning devolved administrations: the Scotland Act 2016 and the Wales Act 2017.
( 2 ) S.I. 2006/3272 (C. 119), as amended by S.I. 2025/734.
This footnote identifies the instrument being amended, which is the S.I. 2006/3272, often referred to as the principal 2006 Commencement Order.
It notes that this 2006 Order was itself previously amended by S.I. 2025/734, the instrument which this current Order is correcting.
23rd March 2026
Twycross Parliamentary Under Secretary of State Department for Culture, Media and Sport
This section provides the signatory details: the date the Order was signed (March 23, 2026) and the signing authority, Twycoross, who held the office of Parliamentary Under Secretary of State within the Department for Culture, Media and Sport.
EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends paragraph 65 of Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272 (C. 119), as amended by S.I. 2025/734) ('the 2006 Order').
The amendment relates to the gambling entitlements authorised by a converted casino premises licence: the type of licence granted to persons who were already operating casinos when the Gambling Act 2005 (c. 19) came into force. The effect of the amendment is to make it clear that the gaming machine entitlements described in sub-paragraph (6) of paragraph 65 of Schedule 4 to the 2006 Order are alternatives rather than a series of options that can be taken together: only one such entitlement is authorised to be exercised at any time.
The Explanatory Note clarifies that the Order modifies the 2006 Order concerning converted casino licences, which were established for operators running casinos just before the 2005 Act became fully operative. The key clarification introduced is that the permitted gaming machine entitlements listed in the relevant sub-paragraph must be treated as mutually exclusive alternatives, meaning only a single entitlement can be used at once, rather than being cumulative options.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The legislation confirms that a formal impact assessment was not required.
This decision was based on the assessment that the changes made by the Order would have no, or no significant, financial or operational effect on the private, voluntary, or public sectors.
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