Gambling (Ancillary
Services and Miscellaneous Provisions) (Jersey) Regulations 2012
Part 1
Interpretation and Designation
1 Interpretation
In these Regulations, unless the context
otherwise requires –
“electronic communication” has the meaning given by the Electronic Communications
(Jersey) Law 2000, but does not include voice communication by telephone;
“electronic equipment” means equipment that is any one
or more of the following –
(a) software;
(b) electrically
powered;
(c) having
components that are electronic, within the meaning of the Electronic Communications
(Jersey) Law 2000; or
(d) designed
or adapted, or held out as designed or adapted or suitable, for use in gambling
that is effected by means of electronic communication;
“gambling-specific”, in relation to equipment or a
service, means designed or adapted, or held out as being designed or adapted or
otherwise suitable for the purpose of enabling individuals or commercial
operators to gamble;
“Law” means the Gambling (Jersey)
Law 2012.
2 Relevant
service defined and designated
(1) For
the purpose of these Regulations a relevant service is a service
that –
(a) is
provided in or from within Jersey;
(b) is
provided by way of business; and
(c) is
not provided to any person who gambles otherwise than by way of business.
(2) A
relevant service is designated as an ancillary service for the purposes of the
Law, to the extent that it does not fall within Article 23(1) of the Law,
if it falls within any one or more of paragraphs (2) to (5) of
Regulation 3.
Part 2
Ancillary Permits
3 Ancillary
permits required
(1) A person must hold a
permit if the person provides a relevant service that is any one or more of the
following –
(a) an
electronic operator service, being a service falling within paragraph (2);
(b) an
overseas operator service, being a service falling within paragraph (3);
(c) an
electronic equipment service, being a service falling within paragraph (4);
or
(d) a
physical hosting service, being a service falling within paragraph (5).
(2) A service falls within
this paragraph, as an electronic operator service, if –
(a) it is
a gambling-specific service, other than a service consisting solely of any one
or more of the following –
(i) legal advice or
representation, or advice as to a requirement of a code of practice or of a
condition on a licence or permit,
(ii) a
service provided by way of exempt finance business within the meaning of
Article 5(3) of the Law, or
(iii) a
service that is or could be funded, coordinated or promoted by the Commission
under its social responsibility function, within the meaning of the Gambling Commission (Jersey)
Law 2010;
(b) it is
provided to a commercial operator (irrespective of whether that operator
requires a licence); and
(c) it is
provided in relation to gambling that is effected by means of –
(i) electronic
communication, or
(ii) gambling-specific
electronic equipment.
(3) A service falls within
this paragraph, as an overseas operator service, if –
(a) it
consists wholly or mainly of facilitating gambling by the person to whom it is
provided (“the recipient”);
(b) it is
provided by a person who is an associate of the recipient, or a principal
person in relation to the recipient (or would be such a person if the recipient
were to apply for a licence); and
(c) the
recipient is a commercial operator who provides a gambling service otherwise
than wholly in or from within Jersey.
(4) A service falls within
this paragraph, as an electronic equipment service, if it consists
of –
(a) the
design or manufacture of gambling-specific electronic equipment;
(b) the
import into Jersey of such equipment; or
(c) the
sale or hire of such equipment.
(5) A service falls within
this paragraph, as a physical hosting service, if one or more of the conditions
in paragraph (6) is met and the service consists of –
(a) providing
use of premises in Jersey that are designed or adapted, or held out as designed
or adapted, wholly or mainly –
(i) to house
electronic equipment, and
(ii) to
enable electronic communication between that equipment and persons or other
equipment not present on those premises; or
(b) providing
use of such equipment housed on such premises.
(6) The conditions are that
the person providing the service –
(a) holds
the service out as being able to be used for gambling or for the provision of a
gambling service;
(b) knows
that a user of the service is using or intends to use it to provide a gambling
service; or
(c) requires
users of the service to provide, or allow access to, information as to the use
to which the user puts the service, and does not –
(i) prohibit the use
of the service for provision of gambling services, or
(ii) take
reasonable steps to render such use impracticable.
4 Application
to permits of provisions relating to licences
(1) In this Regulation
“relevant provision” means any of the following provisions of the
Law –
(a) Article 11;
(b) Article 12,
modified so that the Commission may grant a permit in exceptional circumstances
notwithstanding anything in that Article;
(c) Articles 13
to 15;
(d) Articles 16
and 17, modified so that the conditions set out in them are not mandatory
but may be imposed by the Commission;
(e) Article 18,
other than paragraphs (3)(a)(ii) and (3)(c)(ii), and with paragraph (1)
modified so that the Commission may impose supplementary conditions in addition
to any imposed under the modified Articles 16 and 17;
(f) Article 19;
(g) Article 20,
modified so that the matters set out in sub-paragraphs (b) to (k) of that
Article are not compulsory but may be the subject of conditions imposed by the
Commission;
(h) Article 21;
(i) Article 22,
modified so that gambling yield in a relevant period is the amount received in
that period as payment for the provision of ancillary services under the
permit; and
(j) each
provision of Part 4 that otherwise applies only to licences.
(2) A relevant provision
applies in respect of a permit as it applies in respect of a
licence –
(a) with
the substitution of references to a permit for references to a licence;
(b) with
the substitution of references to ancillary services for references to
commercial gambling services; and
(c) with
the substitution of references to Article 24 of the Law for references to
Article 8 and Article 10 of the Law.
5 Statement
of policy as to permits
(1) Article 9 of the
Law applies to the Commission’s policy in respect of permits as it
applies to licences.
(2) The statement of policy
prepared under paragraph (1) may be included in the same document or
documents as the statement prepared under Article 9 of the Law, or in a
separate document or documents.
6 Notification
of and appeal against decisions as to permits
(1) The notification and
appeal provisions apply to decisions in respect of permits as they apply to
decisions in respect of licences.
(2) The notification and
appeal provisions are –
(a) Article 43
of the Law, other than paragraphs (2)(d) and (3) of that Article; and
(b) Article 45
of the Law.
Part 3
Miscellaneous
7 Requirements
not applied to certain individuals in relation to licensees or permit-holders
(1) Article 8(1)
of the Law does not apply, and accordingly a person may provide a commercial
gambling service without himself or herself holding a licence, if that
person –
(a) is a
relevant person in relation to another person who is a licensee; and
(b) provides
the service only in the course of that licensee’s licensed business.
(2) Nothing
in these Regulations requires a person to hold a permit, and accordingly a
person may provide an ancillary service without himself or herself holding a
permit, if that person –
(a) is a
relevant person in relation to another person who holds a permit or a licence;
and
(b) provides
the service only in the course of the business for which that other person
holds the permit or licence.
(3) A
relevant person for the purposes of paragraphs (1) and (2) is, subject to
paragraph (4), an individual who is –
(a) an
employee of the licensee or permit-holder;
(b) a
partner of the licensee or permit-holder, where that licensee or permit-holder
is a limited liability partnership;
(c) a
director, manager, secretary or other similar officer of the licensee or
permit-holder, where that licensee or permit-holder is a body corporate; or
(d) a
member of the licensee or permit-holder, where that licensee or permit-holder
is a body corporate whose affairs are managed by its members and the member
provides the service in connection with his or her functions of management.
(4) A
person is not a relevant person if he or she falls within any of the
sub-paragraphs of paragraph (3) wholly or partly as a result of an
arrangement made by another person by way of carrying on business
that –
(a) is
exempt finance business by virtue of Article 5(3)(c) of the Law; and
(b) is
trust company business within the meaning of the Financial Services (Jersey) Law 1998.
(5) Nothing
in this Regulation is to be read as affecting the operation of Article 53
of the Law.
8 Type
of gambling service treated as provided in or from within Jersey
To the extent that it would
not otherwise be treated as being in or from within Jersey, the provision of a
gambling service is to be so treated if in Jersey there is any equipment, other
than software, that –
(a) is
operated –
(i) by
the person providing the gambling service, or
(ii) on
behalf of that person, by a person other than a customer of that person; and
(b) controls,
wholly or partly –
(i) the
outcome of the gambling in relation to which the gambling service is provided,
or
(ii) the
operation of a website or television channel, through which such a customer may
gamble by means of electronic communication.
9 Transitional
provision for remote gambling facility provider’s licence
(1) For
the purposes of this Regulation, a preserved facility licence is a remote
gambling facility provider’s licence that –
(a) was
granted under the Gambling (Remote Gambling) (Jersey) Regulations 2008;
(b) was
in effect immediately before the commencement of these Regulations; and
(c) permitted
the person to whom it was granted to carry on an activity that requires a permit
under these Regulations.
(2) A
preserved facility licence is to be treated after the commencement of these
Regulations as if it were a permit granted under these Regulations, being a permit
that is subject to a condition that no activity may be carried on under it
other than an activity that could lawfully be carried on under the preserved facility
licence immediately before the commencement of these Regulations.
(3) The
preserved facility licence is to be treated as expiring on whichever is the
sooner of –
(a) the
date on which it would have expired but for the commencement of these
Regulations; and
(b) one
year after that commencement.
10 Citation
These Regulations may be cited as the Gambling (Ancillary Services
and Miscellaneous Provisions) (Jersey) Regulations 2012.