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Gambling(RemoteGamblingDisasterRecovery)Regulations2008_RevisedEdition_1January2009

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GAMBLING (REMOTE GAMBLING DISASTER RECOVERY) (JERSEY) REGULATIONS 2008

Revised Edition

11.300.80

Showing the law as at 1 January 2009 This is a revised edition of the law

Regulations 2008  Arrangement

GAMBLING (REMOTE GAMBLING DISASTER RECOVERY) (JERSEY) REGULATIONS 2008

Arrangement

Regulation

PART 1  7 INTRODUCTORY PROVISIONS  7

1 Interpretation ...................................................................................................7 2 Meaning of "conducts remote gambling" .......................................................9 3 Meaning of "activating disaster" .....................................................................9

PART 2  10 REMOTE GAMBLING OPERATOR'S LICENCES  10

Grant of remote gambling operator's licences  10 4 Remote gambling under licence lawful .........................................................10 5 Application for remote gambling operator's licence .....................................11 6 Fees for application and further investigation ...............................................11 7 Grant of remote gambling operator's licence ................................................12 8 Circumstances in which Minister may grant remote gambling

operator's licence ..........................................................................................12 9 Form of remote gambling operator's licence ................................................14

  1. Annual fees....................................................................................................14

Conditions of remote gambling operator's licence  15

  1. Licence may be made subject to conditions ..................................................15
  2. Condition of licence – use of premises provided by facilities provider ........15
  3. Condition of licence – access to and provision of information .....................15
  4. Condition of licence – regulatory compliance ..............................................16
  5. Condition of licence – notifications ..............................................................16
  6. Condition of licence – no hosting of source codes etc. .................................17
  7. Condition of licence – gambling sites ...........................................................18

PART 3  18 REMOTE GAMBLING FACILITY PROVIDER'S LICENCES  18

Gambling (Remote Gambling Disaster Recovery) (Jersey) Arrangement  Regulations 2008

Grant of remote gambling facility provider's licences18

  1. Application for remote gambling facility provider's licence ........................ 18
  2. Fees for application and further investigation............................................... 18
  3. Grant of remote gambling facility provider's licence ................................... 19
  4. Form of remote gambling facility provider's licence ................................... 19

Conditions of remote gambling facility provider's licence  19

  1. Licence may be made subject to conditions.................................................. 19
  2. Condition of licence – use of premises ......................................................... 20
  3. Condition of licence – provision of information to Minister ........................ 20
  4. Condition of licence – regulatory compliance .............................................. 21
  5. Condition of licence – notifications .............................................................. 21
  6. Condition of licence – no hosting of source codes etc. ................................. 22

PART 4  23 ALTERATION OF CONDITIONS AND SPECIFICATIONS  23

Alternation of conditions of licence and specifications23

  1. Alteration at request of licensee of conditions of licence ............................. 23
  2. Alteration, at request of licensee, of specified persons and premises ........... 23
  3. Alteration of conditions of licence or specification by the Minister's

own motion ................................................................................................... 24

PART 5  25 BREACH OF CONDITION AND SUSPENSION AND REVOCATION OF

LICENCE  25

  1. Breach of condition ....................................................................................... 25
  2. Suspension of licence .................................................................................... 25
  3. Revocation of licence .................................................................................... 26

PART 6  27 CONDUCT OF REMOTE GAMBLING UNDER REMOTE GAMBLING

OPERATOR'S LICENCE  27

  1. Operator to notify Minister when remote gambling from Jersey begins ...... 27
  2. Facility provider to notify Minister when premises begin to be used

for conduct of remote gambling .................................................................... 28

  1. Daily operation fee........................................................................................ 29
  2. Extension of active licence period ................................................................ 29
  3. Remote gambling restricted where related licences or foreign

authorization suspended or revoked.............................................................. 30

  1. Operator to notify Minister when remote gambling from Jersey ceases....... 30
  2. Facility provider to notify Minister when premises cease to be used

for conduct of remote gambling .................................................................... 31

PART 7  31

REGULATION OF REMOTE GAMBLING  31

  1. Remote gambling during activation period ................................................... 31

Page - 4  Revised Edition – 1 January 2009

11.300.80

Regulations 2008  Arrangement

  1. Minister may issue compliance directions ....................................................31 PART 8  32 APPEALS AGAINST DECISIONS  32
  1. Right of appeal to Royal Court .....................................................................32
  2. Appeals ..........................................................................................................32
  3. Appeal to Court of Appeal against decision of Royal Court on appeal ........33

PART 9  33 CONCLUDING PROVISIONS  33

  1. False information...........................................................................................33
  2. Citation ..........................................................................................................33

SCHEDULE 1  34 FORM OF APPLICATION FOR REMOTE GAMBLING OPERATOR'S

LICENCE  34 SCHEDULE 2  35

FORM OF APPLICATION FOR REMOTE FACILITY PROVIDER'S

LICENCE  35

Supporting Documents

ENDNOTES  36

Table of Legislation History .........................................................................................36 Table of Renumbered Provisions..................................................................................36 Table of Endnote References ........................................................................................36

GAMBLING (REMOTE GAMBLING DISASTER RECOVERY) (JERSEY) REGULATIONS 2008

THE STATES, in pursuance of Articles 3, 9 and 10 of the Gambling (Jersey) Law 19641, have made the following Regulations –

Commencement [see endnotes]

PART 1

INTRODUCTORY PROVISIONS

1  Interpretation

  1. In these Regulations, unless the context otherwise requires – "activating disaster" has the meaning assigned by Regulation 3;

"compliance  direction"  means  a  compliance  direction  issued  under Regulation 42;

"drug trafficking" has the meaning assigned by the Drug Trafficking (Jersey) Law 19882;

"electronic device" includes a computer server;

"foreign authorization", in respect of a person, means a licence, permit, registration, or other authority, that is in force and that is granted to the person by the relevant supervisory authority of a country or territory other than Jersey, under which authority remote gambling may lawfully be conducted by the person;

"foreign gambling corporation" in relation to a person to whom a remote gambling  operator's  licence  has  been  granted  in  accordance  with Regulation 7(4), means the person who applied for the remote gambling operator's licence under Regulation 5;

"gambling site" means –

  1. an internet site;
  1. an email address;
  2. a television broadcasting site; and
  3. any other device or location, including an electronic location, that is prescribed under paragraph (2);

"holding company", in relation to a person, has the same meaning as it has in Article 4 of the Banking Business (Jersey) Law 19913 and includes, in respect of a person to whom a licence has been granted in accordance with Regulation 7(4), the foreign gambling corporation in relation to that person;

"home country or territory", in relation to –

  1. a  person  to  whom  a  Jersey  remote  gambling  licence  has been granted, means Jersey; or
  2. a person to whom a remote gambling operator's licence has been granted in accordance with Regulation 7(4), means the country or territory in which is situated the relevant supervisory authority that issued the foreign authorization in respect of the foreign gambling corporation in relation to the person;

"internet site" means a site on the internet that is uniquely identified by a name  in  accordance  with  the  W3C  World  Wide  Web  Consortium RFC3986, or another body in substitution for that body;

"Jersey remote gambling licence" means a licence that is in force, that is granted under the Law (otherwise than under these Regulations) and that authorizes a person to conduct remote gambling;

"Jersey resident" means a person who is ordinarily resident in Jersey; "Law" means the Gambling (Jersey) Law 19644;

"law  enforcement  agency"  means  a  person,  or  a  body  of  persons, authorized under a law of Jersey, or of another country or territory, for the purposes of enforcing a law of Jersey or of the country or territory, and includes a relevant supervisory authority;

"licence" means a licence, granted under these Regulations, that is in force;

"money laundering" has the meaning assigned by Regulation 2 of the Community Provisions (Wire Transfers) (Jersey) Regulations 20075;

"relevant supervisory authority", in relation to a person, means a person or body who or which, under a law of a country or territory, may issue a foreign authorization to the person;

"remote gambling" means any betting, gaming, wagering or entering into a lottery, which takes place by way of an electronic communication at or from a gambling site;

"remote gambling facility provider's licence" means a licence, granted under Regulation 20, that is in force;

"remote gambling operator's licence" means a licence, granted under Regulation 7, that is in force;

"subsidiary company", in relation to a person, has the same meaning as it has in Article 4 of the Banking Business (Jersey) Law 19916;

"terrorist financing" has the meaning assigned by Regulation 3 of the Community Provisions (Wire Transfers) (Jersey) Regulations 20077.

  1. The Minister may, by Order, prescribe –
  1. a device; or
  2. a  location,  which  may  be an  electronic  location  and  may  be identifiable only by an electronic designation,

to be a gambling site for the purposes of these Regulations.

2  Meaning of "conducts remote gambling"

  1. In these Regulations, a person conducts remote gambling if –
  1. the person, or a foreign gambling corporation in relation to the person, offers prizes, at a gambling site, that may induce, or are intended  to  induce,  another  person  to  provide,  directly  or indirectly, a consideration to engage in remote gambling with the person; and
  2. the  person  operates  any  electronic  device  connected  to  that gambling site, by means of which, in whole or in part, the remote gambling may be conducted.
  1. In these Regulations, a person conducts remote gambling from Jersey if one or more of the electronic devices by means of which, directly or indirectly, the remote gambling is conducted by the person in accordance with paragraph (1) are situated in Jersey.
  2. A person who holds a remote gambling facility provider's licence and who provides, in Jersey, premises –
  1. that are specified on a remote gambling operator's licence; and
  2. on  which  is  situated  an  electronic  device  by  means  of  which remote gambling is conducted,

shall not be taken to offer prizes or conduct remote gambling by reason only of operating that device, in relation to that data, on behalf of the holder of the remote gambling operator's licence.

3  Meaning of "activating disaster"

  1. In  these  Regulations,  an  activating  disaster,  in  relation  to  a  remote gambling operator's licence, means –
  1. major disruption to the conduct of remote gambling by the holder of the licence or a foreign gambling corporation in relation to the holder of the licence, caused by damage, whether by humans or by natural forces, to –
  1. the  wireless,  satellite,  telecommunication,  electronic  or electrical systems, or
  1. the computer servers, hardware or software,

by means of which remote gambling may be conducted;

  1. an event that renders the gambling site from which the services may be accessed by players, unable to be accessed by players; and
  2. any natural or man-made disaster that affects or may affect any of the systems or objects referred to in sub-paragraph (a), which is of a sufficient scale to cause actual damage to those objects or that renders the objects unable to be accessed or used by the employees or agents of the holder of the licence, or of the foreign gambling corporation in relation to the holder of the licence, for the purposes of conducting remote gambling.
  1. For the purposes of paragraph (1), a major disruption, event, or man- made disaster shall not constitute an activating disaster if it has been intentionally caused for the purpose of enabling activities under a remote gambling operator's licence to be activated.

PART 2

REMOTE GAMBLING OPERATOR'S LICENCES Grant of remote gambling operator's licences

4  Remote gambling under licence lawful

  1. Remote gambling shall be lawful if it is conducted by a person –
  1. under and in accordance with a remote gambling operator's licence granted to the person; and
  2. at any time during the period beginning from the day on which an activating disaster in relation to the licence occurs until the end of the  period  specified  by  the  person  in  a  notice  under Regulation 34(5)(b) or of the period extended by the Minister by notice to the person under Regulation 37.
  1. A person may, whether as principal or as a servant or agent of any other person –
  1. conduct business in the course of which a gambling transaction is negotiated or entered into with, or on behalf of, a person (whether or  not  present  in  Jersey),  in  the  course  of  conducting  remote gambling that is lawful under paragraph (1); and
  2. permit a person (whether or not present in Jersey), to participate in a form of gambling lawfully conducted, organized or promoted by that person or that other person, as the case may be, in accordance with these Regulations.

5  Application for remote gambling operator's licence

  1. A person may apply to the Minister for a remote gambling operator's licence.
  2. An  application  under  paragraph (1)  shall  be  in  the  form  set  out  in Schedule 1.
  3. An  application  under  paragraph (1) for  a  remote  gambling  operator's licence by a person shall be accompanied by either –
  1. proof that there is a Jersey remote gambling licence in relation to the person and that the licence has not been suspended; or
  2. proof that there is a foreign authorization in respect of the person.
  1. If an application under paragraph (1) is accompanied by proof of the kind referred to in paragraph (3)(b), the application shall be accompanied by –
  1. a statement whether, to the best of the person's knowledge and belief, the person, or any holding company or subsidiary company in  relation  to  the  person,  is  being  investigated  by  a  law enforcement agency of any other country or territory, and if so, the reasons why he, she or it is being investigated; and
  2. details of all laws of the person's home country or territory that relate to data protection and to the prohibition or regulation of gambling,  money  laundering,  drug  trafficking  and  terrorist financing.
  1. The Minister may –
  1. request a person who has made an application under paragraph (1) to provide to the Minister further information or documents in relation to the application; and
  2. refuse to grant a remote gambling operator's licence to the person unless and until the information or documents are provided.

6  Fees for application and further investigation

  1. An application under Regulation 5 shall be accompanied by a first stage application fee of £5,000.
  2. The Minister may, by notice in writing to a person who has made an application  under  Regulation 5,  require  the  person  to  pay  a  further investigation fee of £5,000.
  3. The Minister may only issue a notice to a person under paragraph (2) if the Minister is of the opinion that the amount of the first stage fee paid by the  person  will  not  cover  the  costs  of  making  all  the  investigations necessary to determine whether to grant a remote gambling licence in accordance with the application by the person.
  4. The  Minister  may  issue  as  many  further  notices  to  a  person  under paragraph (2) as the Minister thinks necessary to cover the costs referred to in paragraph (3) in relation to the application by the person.

7  Grant of remote gambling operator's licence

  1. The Minister may, after receiving an application under Regulation 5 from a person, grant, or, by notice in writing to the person, refuse to grant, a remote gambling operator's licence to the person.
  2. If the applicant for a licence under Regulation 5 is not –
  1. a natural person who is a Jersey resident; or
  2. a body corporate that is incorporated under the Companies (Jersey) Law 19918,

the  Minister  may  determine  that  he  or  she  shall,  if  the  applicant nominates a body corporate that complies with paragraph (3) and if he or she is  satisfied that the requirements  of  Regulation 8 are or shall be complied with, grant the licence to that body corporate.

  1. A body corporate complies with this paragraph if –
  1. it is incorporated under the Companies (Jersey) Law 1991 for the purposes of conducting remote gambling operations under a remote gambling operator's licence; and
  2. it is a subsidiary company that is wholly owned by the person who has made the application for the licence.
  1. If the Minister has made a determination under paragraph (2) in relation to a body corporate that complies with paragraph (3) and the Minister is satisfied that the requirements of Regulation 8 are or shall be complied with, the Minister shall grant a remote gambling operator's licence to that body corporate.

8  Circumstances in which Minister may grant remote gambling operator's

licence

  1. The Minister may only grant a remote gambling operator's licence to a person under Regulation 7 if the Minister is satisfied that –
  1. the person, and the foreign gambling corporation, if any, in relation to  the  person,  is  a  fit  and  proper  person  to  conduct  remote gambling;
  2. the person shall ensure that remote gambling is conducted fairly and that appropriate protection shall be provided by the person to players who may participate in remote gambling with the person;
  3. the  Minister  is  satisfied  that  the  person  shall  establish  and maintain,  during  any  period  in  which  remote  gambling  is conducted from the premises specified in the licence, a system for monitoring the conduct of remote gambling from the premises;
  4. the  grant  of  the  licence  to  the  person  shall  not  be  harmful  to Jersey's reputation as a financial centre;
  5. there is either a Jersey remote gambling licence in relation to the person,  or  a  foreign  authorization  in  respect  of  the  foreign gambling corporation in relation to the person, and the licence or authorization has not been suspended;
  1. where the Minister has sent a notice in writing to the person under Regulation 6(2), the person has, within 30 days of the Minister sending the notice, paid the further investigation fee; and
  2. a  licence  grant fee  of  £5,000  has been  paid in relation  to the application.
  1. Without limiting the matters that the Minister may take into account in determining whether to grant a remote gambling operator's licence to a person under Regulation 7, the Minister shall take into account –
  1. the financial standing of –
  1. the person,
  2. if the person is a company, any director of the company, and
  3. any holding company, or subsidiary company, in respect of the person,

including the financial stability of, and the adequacy of the capital base  of,  the  person,  director,  holding  company  and  subsidiary company;

  1. whether  the  person,  and  any  holding  company,  or  subsidiary company,  in  respect  of  the  person,  conducts  remote  gambling operations and associated operations in a fair manner;
  2. the adequacy of the systems of the person that are in place in relation  to  remote  gambling  to  ensure  that  the  gambling  is conducted fairly and  securely by the  person, including but not limited to whether the systems are adequate to ensure that –
  1. each player's funds are separately recorded from each other player's funds and from the funds of the person,
  2. players' winnings are paid out accurately and promptly,
  3. accurate recording of deposits and wagers are kept,
  4. the data provided by players is protected from use by the company or use by other persons (whether or not under the authority of the person) for purposes that are not authorized by  the  player  or  that  are  not  authorized  under  the  Data Protection (Jersey) Law 20059,
  5. persons may, at their own request or otherwise, be excluded from remote gambling on the gambling site,
  6. any funds of a player that are held by the person and that have not been used by the player are kept separately from the funds of the person, may not be used by the person, any creditors of the person or any holding company or subsidiary company in relation to the person, and are refundable to the player at the player's request,
  7. whether the requirements, under any laws of Jersey, or of the person's home country or territory, for measures to be taken to ensure data protection or to prevent money laundering, drug trafficking or terrorist financing are, or are likely to be, fulfilled;
  1. whether  the  person,  or  any  holding  company,  or subsidiary company, in respect of the person, has been subject to adverse findings by a law enforcement agency situated in another country or territory or has been found guilty of an offence against the laws of Jersey or that country or territory relating to the regulation of gambling, data protection, money laundering, drug trafficking or terrorist financing;
  2. if there is a foreign gambling corporation in relation to the person, the  extent to which the  laws of the  person's  home  country or territory  are  adequate  to  ensure  that  the  foreign  gambling corporation is regulated in its remote gambling operations in that country or territory in a manner that ensures that the reputation of Jersey as a financial centre would not be harmed by authorizing the person to conduct remote gambling operations from Jersey; and
  3. whether the imposition of conditions by the Minister may ensure that  the  purposes  of  any  of  sub-paragraphs (a)  to  (e)  may  be fulfilled.

9  Form of remote gambling operator's licence

  1. A remote gambling operator's licence shall be in the form approved by the Minister.
  2. A remote gambling operator's licence shall specify –
  1. the unique identifier of the gambling site and, if it has a name, the name of the gambling site;
  2. the  address  of  the  premises  from  which  remote  gambling  is authorized to be conducted under the licence; and
  3. the  name  of  the  person  who  holds  a  remote  gambling  facility provider's licence in relation to those premises.
  1. A  remote  gambling  operator's  licence  that  is  issued  to  a  person  in accordance with Regulation 7(4) shall specify the name of the foreign gambling corporation, if any, in relation to the person.

10  Annual fees

  1. A person to whom a remote gambling operator's licence is granted shall, within 30 days of the grant of the licence, pay to the Minister an annual fee of £5,000 in relation to the licence.
  2. A person to whom a remote gambling operator's licence is granted shall pay to the Minister the annual fee in relation to the licence within 30 days after the end of each 12 month period for which the licence is in force.
  3. If the annual fee is not paid by the holder of a remote gambling operator's licence within the period specified in paragraph (1) or (2) the licence shall, if it is still in force, be revoked by virtue of this paragraph.

Conditions of remote gambling operator's licence

11  Licence may be made subject to conditions

  1. A remote gambling operator's licence that is granted to a person who holds a Jersey remote gambling licence shall be subject to –
  1. the conditions specified in Regulations 12 to 17;
  2. the conditions, if any, specified under paragraph (3); and
  3. the conditions, if any, specified on the Jersey remote gambling licence, to the extent that they are not inconsistent with the Law, these  Regulations  or  the  conditions  referred  to  in  sub- paragraphs (a) and (b).
  1. A  remote  gambling  operator's  licence  that  is  granted  to  a  person  in accordance with Article 7(4) shall be subject to –
  1. the conditions specified in Regulations 12 to 17;
  2. the conditions, if any, specified under paragraph (3); and
  3. the conditions, if any, specified on the foreign authorization in respect  of  the  foreign  gambling  corporation  in  relation  to  the person, to the extent that they are not inconsistent with the Law, these  Regulations  or  the  conditions  referred  to in  sub- paragraphs (a) and (b).
  1. The Minister may specify on a remote gambling operator's the conditions to which the licence shall, in addition to the conditions referred to in paragraph (1)(a) or (c) or (2)(a) or (c), as the case may be, be subject.
  2. The Minister may, in granting a licence, impose a condition that varies a condition  that  is  specified  on  a  licence  in  accordance  with paragraph (1)(c) or (2)(c).
  3. The  Minister  shall  not  impose  a  condition  on  a  licence  under paragraph (3), or impose a condition on a licence under paragraph (4) that varies a condition on a licence, if the condition, or the condition as so varied,  would  be  inconsistent  with  a  provision  of  the  Law  or  these Regulations or a condition of the licence specified in Regulation 12 to 17.

12  Condition of licence – use of premises provided by facilities provider

It shall be a condition of a remote gambling operator's licence that remote gambling conducted under the licence shall only take place in Jersey from premises specified in the licence, which are premises in relation to which a person specified on the licence holds a remote gambling facility provider's licence.

13  Condition of licence – access to and provision of information

  1. It shall be a condition of a remote gambling operator's licence that a holder of the licence shall, at all reasonable times, at the request of the

Minister, provide the Minister with the information that the Minister may reasonably require in relation to –

  1. the control, by its owners, executive officers and directors, of any company  constituting  the  person,  or  any  holding  company,  or subsidiary company, in relation to the person;
  2. the conduct of remote gambling operations, from Jersey or from any  other  country  or  territory,  by  the  person  or  any  foreign gambling corporation, or subsidiary company, in relation to the person;
  3. the conduct of any other businesses also owned by the person or any holding corporation, or subsidiary company, in relation to the person; and
  4. the  regulation,  by  the  relevant  supervisory  authorities  of  the person's home country or territory, of remote gambling conducted by any foreign gambling corporation in relation to the person.
  1. It shall be a condition of a remote gambling operator's licence that the holder of the licence shall permit the Minister –
  1. to inspect, at any time, the premises specified in the licence;
  2. while on the premises in accordance with sub-paragraph (a), to inspect  and  make,  free  of  charge,  records  of  any  documents situated  on  the premises,  and  to  open  (including  by  force,  if necessary) any container on the premises and to search its contents; and
  3. to access any electronic information stored on an electronic device, or by any other means, on the premises and to make, and take away, copies of such information.

14  Condition of licence – regulatory compliance

It shall be a condition of a remote gambling operator's licence that the holder of the licence and his or her employees or agents shall, in conducting remote gambling from Jersey and associated operations, comply with the laws of Jersey relating to money laundering, drug trafficking, data protection and terrorist financing.

15  Condition of licence – notifications

  1. It shall be a condition of a remote gambling operator's licence that a holder of the licence which is a company shall notify the Minister of –
  1. any change to the structure of the company;
  2. any significant changes to the class of the shares in the company or the rights that attach to them;
  3. the identity of each shareholder in the company who holds 5% or more of the shares in the company;
  4. any change to the shareholdings in the company, which changes relate to 5% or more of the issued share capital of the company; and
  1. any appointments, dismissals, resignations or deaths of directors of the holding company.
  1. It shall be a condition of a remote gambling operator's licence that a holder of the licence which is a company shall notify the Minister of –
  1. any change to the company structure of any holding company, or subsidiary company, in relation to the person;
  2. any significant changes to the class of the shares in the holding company, or subsidiary company, or the rights that attach to them;
  3. the identity of each shareholder in the holding company who holds 5% or more of the shares in the holding company or subsidiary company;
  4. any change to the shareholdings, which changes relate to 5% or more  of  the  issued  share  capital  of  the  holding  company  or subsidiary company; and
  5. any appointments, dismissals, resignations or deaths of directors of the holding company or subsidiary company.
  1. It shall be a condition of a remote gambling operator's licence that the holder of the licence shall, if there was, when the licence was granted, a foreign authorization in respect of a  foreign gambling corporation in relation to the person, notify the Minister of –
  1. any investigation, being conducted by any law enforcement agency situated in another country or territory, into the conduct by the person,  or  any  foreign  gambling  corporation  in  relation  to  the person,  of  remote  gambling  operations  from  the  country  or territory; and
  2. any changes to the laws of the person's home country or territory that relate to the conduct of remote gambling operations from the person's home country or territory.

16  Condition of licence – no hosting of source codes etc.

  1. It shall be a condition of a remote gambling operator's licence that the holder of the licence shall not –
  1. in Jersey, store or host, on any electronic device by means of which remote gambling is conducted by the holder of the licence; or
  2. permit any person in Jersey to store, or host, on any electronic device by means of which remote gambling is conducted by the holder of the licence,

any source code  that generates, or affects, the results  of any remote gambling conducted by the holder of the licence.

  1. In  paragraph (1),  "source  code"  includes,  but  is  not  restricted  to including, any modules, functions, algorithms, sub-routines or any third- party source code.

17  Condition of licence – gambling sites

  1. It shall be a condition of a remote gambling operator's licence that the gambling site from which a player may engage in remote gambling with the holder of the licence specifies that any disaster recovery operation in relation to the remote gambling shall be conducted from Jersey.
  2. It  shall  be  a  condition  of  a  remote  gambling  operator's  licence  that remote gambling shall only be conducted under the licence from the unique  identifier  of  the  gambling  site  specified  in  the  licence  under Regulation 9.

PART 3

REMOTE GAMBLING FACILITY PROVIDER'S LICENCES Grant of remote gambling facility provider's licences

18  Application for remote gambling facility provider's licence

  1. A natural person who is a Jersey resident, or a body corporate that is incorporated under the Companies (Jersey) Law 1991, may apply to the Minister for a remote gambling facility provider's licence.
  2. An  application  under  paragraph (1)  shall  be  in  the  form  set  out  in Schedule 2.
  3. An  application  under  paragraph (1)  for  a  remote  gambling  facility provider's licence shall be accompanied by –
  1. proof that the person is entitled to occupy, for a period of not less than 7 years, the premises specified in the application as the place from which, under the licence, remote gambling may be conducted by the holder of a remote gambling operator's licence; and
  2. proof that the person shall have access to appropriate technology and telecommunications infrastructure.
  1. The Minister may –
  1. request a person who has made an application under paragraph (1) to provide to the Minister further information or documents in relation to the application; and
  2. refuse to grant a remote gambling facility provider's licence to the person unless and until the information or documents are provided.

19  Fees for application and further investigation

  1. An application under Regulation 18 shall be accompanied by a first stage application fee of £5,000.
  2. The Minister may, by notice in writing to a person who has made an application  under  Regulation 18,  require  the  person  to  pay  a  further investigation fee of £5,000.
  1. The Minister may only issue a notice to a person under paragraph (2) if the Minister is of the opinion that the first stage application fee paid by the  person  will  not  cover  the  costs  of  making  all  the  investigations necessary  to  determine  whether  to  grant  a  remote  gambling  facility provider's licence in accordance with the application by the person.
  2. The  Minister  may  issue  as  many  further  notices  to  a  person  under paragraph (2) as the Minister thinks necessary to cover the cost of making all  the  investigations  necessary  to  cover  the  costs  referred  to  in paragraph (3) in relation to the application by the person.

20  Grant of remote gambling facility provider's licence

  1. The Minister may, after receiving an application under Regulation 18 from a person, grant, or, by notice in writing to the person, refuse to grant, a remote gambling facility provider's licence to the person.
  2. The  Minister  may  only  grant  a  remote  gambling  facility  provider's licence to a person under paragraph (1) if –
  1. the Minister is satisfied that the applicant is a fit and proper person to hold a licence;
  2. the Minister is satisfied that the person is a resident of Jersey or a company incorporated under the Companies (Jersey) Law 1991;
  3. where the Minister has sent a notice in writing to the person under Regulation 19(2), the person has, within 30 days of the Minister sending the notice, paid the further investigation fee; and
  4. a licence grant fee of £5,000 has been paid.

21  Form of remote gambling facility provider's licence

  1. A  remote  gambling  facility  provider's  licence  shall  be  in  the  form approved by the Minister.
  2. A remote gambling facility provider's licence shall specify the premises, owned  or  leased  by  the  holder  of  the  licence,  from  which remote gambling by the holder of a remote gambling operator's licence may be conducted.

Conditions of remote gambling facility provider's licence

22  Licence may be made subject to conditions

  1. The  Minister  may  specify  on  a  remote  gambling  facility  provider's licence  the  conditions  to  which  the  licence  shall,  in  addition  to  the conditions specified in Regulations 23 to 27, be subject.
  2. The Minister shall not, under paragraph (1), impose a condition imposed on a licence if the condition would be inconsistent with a provision of the

Law  or  these  Regulations  or  a  condition  of  the  licence  specified  in Regulations 23 to 27.

  1. Without limiting the type of conditions that the Minister may specify on a licence,  he  or  she  may  specify  the  type  of  gambling  that  may  be conducted under the licence.

23  Condition of licence – use of premises

  1. It shall be a condition of a remote gambling facility provider's licence that the holder of the licence shall notify the Minister of the name of each holder of a remote gambling operator's licence who intends to conduct remote gambling from the premises specified on the remote gambling facility provider's licence.
  2. It shall be a condition of a remote gambling facility provider's licence that the holder of the licence shall not permit the conduct of remote gambling from the premises specified on the licence unless the remote gambling  is  conducted  by  a  person  who  holds  a  remote  gambling operator's licence.
  3. It shall be a condition of a remote gambling facility provider's licence that the holder of the licence shall permit the Minister –
  1. to inspect, at any time, the premises specified in the licence;
  2. while on the premises in accordance with sub-paragraph (a), to inspect and make, free of charge, any records of any documents situated  on  the  premises,  and  to  open  (including  by  force,  if necessary) any container on the premises and to search its contents; and
  3. to access any electronic information stored on an electronic device, or by any other means, on the premises and to make, and take away, copies of such information.

24  Condition of licence – provision of information to Minister

It shall be a condition of a remote gambling facility provider's licence that a holder of the licence and his or her employees or agents shall, at all reasonable times, at the request of the Minister, take all reasonable steps to provide to the Minister the information that the Minister may reasonably require in relation to –

  1. the  control,  by  its  owners,  executive  officers  and  directors,  of  any company constituting the person or any holding company, or subsidiary company, in relation to the person;
  2. the conduct of remote gambling from Jersey, or from any other country or territory by a person specified on the remote gambling facility provider's licence; and
  3. the conduct of any other businesses also owned by the person or any holding company, or subsidiary company, in relation to the person.

25  Condition of licence – regulatory compliance

It shall be a condition of a remote gambling facility provider's licence that the holder of the licence and his or her employees or agents shall comply with the laws of Jersey relating to money laundering, drug trafficking, data protection and terrorist financing.

26  Condition of licence – notifications

  1. It shall be a condition of a remote gambling facility provider's licence that a holder of the licence who is a body corporate shall notify the Minister of –
  1. any change to the company structure;
  2. any significant changes to the class of the shares in the company or the rights that attach to them;
  3. the identity of each shareholder in the company who holds 5% or more of the shares in the company;
  4. any change to the shareholdings of the company, which changes relate to 5% or more of the issued share capital; and
  5. any  appointments,  dismissals,  resignations  or  deaths  of  the directors of the company.
  1. It shall be a condition of a remote gambling facility provider's licence that a holder of the licence which is a company shall notify the Minister of –
  1. any change to the company structure of any holding company, or subsidiary company, in relation to the person;
  2. any significant changes to the class of the shares in the holding company or subsidiary company or the rights that attach to them;
  3. the  identity  of  each  shareholder  in  the  holding  company,  or subsidiary company, who holds 5% or more of the shares in the holding company or subsidiary company;
  4. any change to the shareholdings, which changes relate to 5% or more  of  the  issued  share  capital  of  the  holding  company  or subsidiary company; and
  5. any appointments, dismissals, resignations or deaths of directors of the holding company or subsidiary company.
  1. It shall be a condition of a remote gambling facility provider's licence that the holder of the licence shall notify the Minister –
  1. if he or she suspects that remote gambling is being conducted, by the holder of a remote gambling operator's licence specified on the remote  gambling  facility  provider's  licence,  otherwise  than  in accordance with the conditions of the remote gambling operator's licence;
  2. if he or she suspects that money laundering, drug trafficking, or terrorist financing, is being facilitated by remote gambling from the premises; and
  1. if  he  or  she  becomes  aware  of  any  events,  or  any  actions,  or failures  to  take  action,  by  the  holder  of  the  remote  gambling operator's licence that, in the opinion of a reasonable person with knowledge of remote gambling –
  1. ought to be notified to a person regulating remote gambling, and
  2. may effect the perception of the probity or integrity of the person  or  the  holder  of  the  remote  gambling  operator's licence specified on the person's licence.
  1. It shall be a condition of a remote gambling facility provider's licence that the holder of the licence shall –
  1. establish  and  maintain,  during  any  period  in  which  remote gambling is conducted from the premises specified in the licence, a system for monitoring the conduct of remote gambling from the premises; and
  2. provide  to  the  Minister,  within  each  28 day  period  that  the premises are used for the conduct of remote gambling, reports as to the information obtained by the operation of that system.

27  Condition of licence – no hosting of source codes etc.

  1. It shall be a condition of a remote gambling facility provider's licence that the holder of the licence shall not –
  1. in Jersey, store or host, on any electronic device by means of which remote gambling is conducted by the holder of a remote gambling operator's licence; or
  2. permit any person in Jersey to store, or host, on any electronic device by means of which remote gambling is conducted by the holder of a remote gambling operator's licence,

any source code  that generates, or affects, the results  of any remote gambling  conducted  by  the  holder  of  a  remote  gambling  operator's licence.

  1. In  paragraph (1),  "source  code"  includes,  but  is  not  restricted  to including, any modules, functions, algorithms, sub-routines or any third- party source code.

PART 4

ALTERATION OF CONDITIONS AND SPECIFICATIONS Alternation of conditions of licence and specifications

28  Alteration at request of licensee of conditions of licence

  1. The holder of a licence may apply to the Minister for the alteration or revocation of a condition to which the licence is subject in accordance with Regulation 11(1)(b) or (c), 11(2)(b) or (c) or 22(1).
  2. An application under paragraph (1) shall be accompanied by a condition alteration fee of £250.
  3. The Minister may, by notice in writing to the holder of a licence who has made an application under paragraph (1) –
  1. alter or revoke a condition of the licence in accordance with the application; or
  2. refuse to alter or revoke a condition of the licence in accordance with the application.
  1. The  Minister  shall  not  alter  a  condition  under  paragraph (3)  if  the condition, as so altered, would be inconsistent with a provision of the Law  or  these  Regulations  or  a  condition  of  the  licence  specified  in Regulations 12 to 17 or 23 to 27.

29  Alteration, at request of licensee, of specified persons and premises

  1. The holder of a remote gambling operator's licence may apply to the Minister for the alteration or revocation of any matter specified on the licence under Regulation 9.
  2. An  application  under  paragraph (1)  shall  be  accompanied  by  a specification alteration fee of £250.
  3. The  Minister  may,  by notice  in  writing  to  the  holder  of  a  remote gambling  operator's  licence  who  has  made  an  application  under paragraph (2) –
  1. alter or revoke; or
  2. refuse to alter or revoke,

any matter specified on the licence under Regulation 9.

  1. The holder of a remote gambling facility provider's licence may apply to the Minister for the alteration or revocation of the specification on the licence,  under  Regulation 21,  of  the  premises  from  which  remote gambling may take place under the licence.
  2. An  application  under  paragraph (4)  shall  be  accompanied  by  a specification alteration fee of £250.
  1. The  Minister  may,  by notice  in  writing  to  the  holder  of  a  remote gambling facility provider's licence who has made an application under paragraph (4) –
  1. alter or revoke; or
  2. refuse to alter or revoke,

the  specification  on  the  licence  of  the  premises  from  which  remote gambling may take place under the licence.

30  Alteration of conditions of licence or specification by the Minister's own

motion

  1. The Minister may, of his or her own motion, by notice in writing to the holder of a licence, alter, add to, or revoke, the conditions of the licence, other than the conditions imposed under Regulations 12 to 17 or 23 to 27.
  2. The Minister shall not, under paragraph (1), alter or add to the conditions of a licence if the condition as so altered, or that is added, would be inconsistent  with  a  provision  of  the  Law  or  these  Regulations  or  a condition of the licence specified in Regulations 12 to 17 or 23 to 27.
  3. The Minister may not, under paragraph (1), alter a condition of a licence, or add a condition to a licence, unless –
  1. the holder of the licence has been notified of the intended alteration or addition;
  2. the holder of the licence has been invited to show cause to the Minister why the condition should not be altered as intended or added to the licence; and
  3. 14 days  have  expired  since  the  notice  was  given  under  sub- paragraph (a)  and  the  holder  of  the  licence  has  been  given  an opportunity to show cause to the Minister why the condition should not be altered as intended or added to the licence.
  1. The  Minister  may,  by notice  in  writing  to  the  holder  of  a  remote gambling operator's licence, revoke –
  1. the specification on the licence under Regulation 9 of the name of the holder of the remote gambling facility provider's licence under which remote gambling may be conducted by the holder of the remote gambling operator's licence; and
  2. the specification on the licence of the premises from which remote gambling may be conducted by the holder of the licence,

if the remote gambling facility provider's licence has been revoked.

PART 5

BREACH OF CONDITION AND SUSPENSION AND REVOCATION OF LICENCE

31  Breach of condition

  1. The holder of a licence shall not contravene a condition of the licence.
  2. A person who contravenes paragraph (1) commits an offence and shall be liable to a fine of level 4 on the standard scale.

32  Suspension of licence

  1. The Minister may, by notice in writing to the holder of a licence, suspend the licence for a period, or until the occurrence of an event, specified in the notice.
  2. The Minister may under paragraph (1) only suspend a licence granted to a person if the Minister is satisfied that –
  1. the person, a foreign gambling corporation in relation to the person or a person acting on behalf of or under the general supervision of the  person  or  foreign  gambling  corporation,  has  committed  an offence against –
  1. the Law or these Regulations, or
  2. the law of Jersey, or of another country or territory, relating to money laundering, drug trafficking, terrorist financing or data  protection,  or  an  offence  of  which  dishonesty  is  a component;
  1. a condition of the licence has been breached;
  2. a compliance direction has not been complied with;
  3. there is evidence that the person has ceased to be a fit and proper person to hold the licence; or
  4. the continued conduct of operations under the licence threatens to harm the reputation of Jersey in relation to financial matters.
  1. If  a  remote  gambling  operator's  licence  has  been  suspended  under paragraph (1), the Minister shall, as soon as practicable, notify the holder of  the  remote  gambling  facility  provider's  licence  whose  name  is specified on the remote gambling operator's licence that –
  1. the licence has been suspended and the period of the suspension; and
  2. the holder of the remote gambling facility provider's licence is not authorized, during the period of the suspension, to permit or enable the holder of the remote gambling operator's licence to conduct remote gambling.
  1. If a remote gambling facility provider's licence has been suspended under paragraph (1), the Minister shall, as soon as practicable, notify the holder

of any remote gambling operator's licence on which is specified the name of the holder of the remote gambling facility provider's licence that –

  1. the licence has been suspended and the period of the suspension; and
  2. the  holder  of  the  remote  gambling  operator's  licence  is  not authorized, during the period of the suspension, to conduct remote gambling from any premises owned or leased by the holder of the remote gambling facility provider's licence.

33  Revocation of licence

  1. The Minister may, by notice in writing to the holder of a licence, revoke the licence.
  2. The Minister may under paragraph (1) only revoke a licence granted to a person if the Minister is satisfied that –
  1. a  person  provided  false  or  misleading  information  in  the application for the licence;
  2. the licence was granted in error;
  3. the person, a foreign gambling corporation in relation to the person or a person acting on behalf of or under the general supervision of the  person  or  foreign  gambling  corporation,  has  committed  an offence against –
  1. the Law or these Regulations, or
  2. the law of Jersey, or of another country or territory, relating to money laundering, drug trafficking, terrorist financing or data  protection,  or  an  offence  of  which  dishonesty  is  a component;
  1. a condition of the licence has been breached;
  2. a compliance direction has not been complied with;
  3. there is evidence that the person has ceased to be a fit and proper person to hold the licence; or
  4. the continued conduct of operations under the licence threatens to harm the reputation of Jersey in relation to financial matters.
  1. If the holder of a licence under these Regulations is convicted of an offence under the Law or any Regulations or Orders made under the Law, the court shall order that the licence shall be revoked.
  2. An order made under paragraph (3) –
  1. shall not have effect until the end of the period within which notice of the appeal against the conviction which gave rise to the order may be given;
  2. if notice of appeal against that conviction is duly given, shall not have effect until the appeal has been determined or abandoned; and
  3. shall not have effect if, on such appeal, the appeal is allowed.
  1. If a licence is revoked by an order under paragraph (3), the court shall send a copy of the order to the Minister and the Minister may, despite

anything in these Regulations, refuse any application by that person for the grant of a licence under these Regulations.

  1. If  a  remote  gambling  operator's  licence  has  been  revoked  under paragraph (1) or (3), the Minister shall, as soon as practicable, notify the holder of the remote gambling facility provider's licence on which is specified  the  name  of  the  holder  of  the  remote  gambling  operator's licence, that –
  1. the licence has been revoked; and
  2. the holder of the remote gambling facility provider's licence is not permitted  to  enable  the  former  holder  of  the  remote  gambling operator's licence to conduct remote gambling from any premises owned or leased by the holder of the remote gambling facility provider's licence.
  1. If a remote gambling facility provider's licence has been revoked under paragraph (1) or (3), the Minister shall, as soon as practicable, notify the holder of any remote gambling operator's licence on which is specified the name of the holder of the remote gambling facility provider's licence that –
  1. the licence has been revoked; and
  2. the  holder  of  the  remote  gambling  operator's  licence  is  not authorized to conduct remote gambling from any premises owned or leased by the former holder of the remote gambling facility provider's licence.

PART 6

CONDUCT OF REMOTE GAMBLING UNDER REMOTE GAMBLING OPERATOR'S LICENCE

34  Operator to notify Minister when remote gambling from Jersey begins

  1. The holder of a remote gambling operator's licence is not authorized to conduct remote gambling from Jersey under the licence unless there is an activating disaster in relation to the licence.
  2. If –
  1. there is an activating disaster in relation to a remote gambling operator's licence; and
  2. the  holder  of  the  licence  begins  to  conduct  remote  gambling operations from Jersey under the licence,

the holder of the licence shall, within 3 working days, notify the Minister.

  1. A notice for the purposes of paragraph (2) given by a holder of a licence shall specify –
  1. the nature of the activating disaster; and
  1. the time and date on which the holder of the licence began to conduct remote gambling operations from Jersey under the licence.
  1. A holder of a licence who contravenes paragraph (3) commits an offence and shall be liable to a fine of level 4 on the standard scale.
  2. Within 5 working days after the holder of a remote gambling operator's licence begins to conduct remote gambling operations from Jersey, or a longer period, if any, that the Minister specifies in relation to the person, the person shall –
  1. provide to the Minister, in documentary form, further details and evidence that the activating disaster referred to in the notice the person has given for the purposes of paragraph (2) has occurred; and
  2. notify the Minister, in writing, of the period for which the person intends to conduct remote gambling operations from Jersey under the licence.
  1. The period for the purposes of paragraph (5) shall be a period not more than  3 months  beginning  on  the  day  on  which  the  person  began  to conduct remote gambling operations from Jersey under the licence.
  2. A person who contravenes paragraph (5) commits an offence and shall be liable to a fine of level 4 on the standard scale.
  3. If remote gambling has, under a remote gambling operator's licence, been conducted from Jersey under the licence for a period in a calendar year (including a period that has been extended under Regulation 37), remote gambling may not be conducted under the licence for a further period in that calendar year.

35  Facility provider to notify Minister when premises begin to be used for

conduct of remote gambling

  1. The holder of a remote gambling facility provider's licence shall, within 8 hours after remote gambling begins to be conducted from premises in Jersey specified in his or her licence, notify the Minister.
  2. A notice for the purposes of paragraph (1) –
  1. may be given in writing, or by writing delivered by facsimile, email or other electronic method; and
  2. shall specify the date and exact time at which the remote gambling began to be conducted from the premises.
  1. The holder of a remote gambling facility provider's licence shall, within 72 hours after remote gambling begins to be conducted from premises in Jersey specified in his or her licence, notify the Minister.
  2. A notice for the purposes of paragraph (3) –
  1. shall  be  in  writing,  signed  by  the  holder  of  the  licence  or  an employee or agent of the holder, and shall not be delivered by facsimile, email or other electronic manner; and
  1. shall specify the date and exact time at which the remote gambling from the premises in Jersey began to be conducted.
  1. A person who contravenes paragraph (1) or (3) commits an offence and shall be liable to a fine of level 4 on the standard scale.

36  Daily operation fee

  1. If the holder of a remote gambling operator's licence begins to conduct remote gambling from Jersey under the licence, he or she shall, within 14 days, pay to the Minister, for each day, or part of a day, during which he or she conducts remote gambling from Jersey under the licence, a daily operation fee for the licence of £250.
  2. If the holder of a remote gambling operator's licence does not pay the daily  operation  fee  within  the period  specified  in  paragraph (1),  the licence shall, if it is still in force, be revoked by virtue of this paragraph.

37  Extension of active licence period

  1. A holder of a remote gambling operator's licence who is conducting remote gambling from Jersey under the licence may, in writing, request the Minister to extend the period for which remote gambling may be conducted by him or her from Jersey under the licence.
  2. A request under paragraph (1) shall specify the grounds on which the extension of the period is sought.
  3. The  Minister  shall,  within  30 days  after  receiving  a  request  under paragraph (1) from a holder of a remote gambling operator's licence, by notice in writing to the person –
  1. extend the period for which remote gambling may be conducted from Jersey under the licence; or
  2. refuse to so extend the period.
  1. The  Minister  may,  under  paragraph (3),  extend  the  period  for  which remote gambling may be conducted from Jersey under the licence –
  1. for the same period as the period sought in the request to which the extension relates, or for a shorter or longer period; but
  2. in any case, so that the total period for which remote gambling may be conducted from Jersey under the licence (including under the extension) shall not be more than 9 months.
  1. The Minister shall not, under paragraph (3), extend the period for which remote gambling may be conducted from Jersey under the licence if the Minister is of the opinion that –
  1. the grounds constituting the activating disaster in relation to the licence have ceased to exist or have altered sufficiently for there to no longer be a need for remote gambling to be conducted from Jersey by the person; and
  1. there  are  no  other  grounds  that  are  sufficient  to  constitute  an activating disaster in relation to the licence and that are likely to constitute an activating disaster for the period of the extension.

38  Remote gambling restricted where related licences or foreign authorization

suspended or revoked

  1. If –
  1. there is a Jersey remote gambling licence, or a foreign gambling corporation, in relation to a person to whom a licence has been granted under these Regulations; and
  2. the Jersey remote gambling licence, or the foreign authorization in respect  of  the  foreign  gambling  corporation,  is  subsequently suspended or revoked,

the  licence  granted  under  these  Regulations  is,  by  virtue  of  this paragraph, suspended for the same period, or revoked, as the case may be.

  1. If a notice is given under Regulation 32(3) to the holder of a remote gambling facility provider's licence, he or she is not authorized, during the period of the suspension referred to in the notice, to permit or enable the holder of the remote gambling operator's licence specified in the notice to conduct remote gambling from any premises owned or leased by the holder of the remote gambling facility provider's licence.
  2. If a notice is given under Regulation 32(4) to the holder of a remote gambling operator's licence, he or she is not authorized, during the period of the suspension referred to in the notice, to conduct remote gambling from any premises owned or leased by the holder of the remote gambling facility provider's licence specified in the notice.
  3. If a notice is given under Regulation 33(6) to the holder of a remote gambling facility provider's licence, he or she is not authorized to enable the former holder of the remote gambling operator's licence specified in the  notice to conduct remote  gambling from any premises  owned or leased by the holder of the remote gambling facility provider's licence.
  4. If a notice is given under Regulation 33(7) to the holder of a remote gambling  operator's  licence,  he  or  she  is  not  authorized  to  conduct remote  gambling  from  any  premises  owned  or  leased  by  the  former holder of the remote gambling facility provider's licence specified in the notice.
  5. A  person  who  contravenes  any  of  paragraphs (2)  to  (5)  commits  an offence and shall be liable to a fine of level 4 on the standard scale.

39  Operator to notify Minister when remote gambling from Jersey ceases

  1. The  holder  of  a  remote  gambling  operator's  licence  shall,  at  least 24 hours before ceasing to conduct remote gambling from Jersey under the licence, notify the Minister of the time and date at which the holder of

the licence shall cease to conduct remote gambling from Jersey under the licence.

  1. A person who contravenes paragraph (1) commits an offence and shall be liable to a fine of level 4 on the standard scale.

40  Facility provider to notify Minister when premises cease to be used for

conduct of remote gambling

  1. The holder of a remote gambling facility provider's licence shall notify the  Minister  within  24 hours  after  remote  gambling  ceases  to  be conducted from premises owned or leased by him or her.
  2. The notice for the purposes of paragraph (1) shall be in writing, signed by the  holder  of  the  remote  gambling  facility  provider's  licence  or  an employee or agent of the holder, and specify the date and exact time at which the remote gambling from the premises in Jersey ceased to be conducted.
  3. A person who contravenes paragraph (1) commits an offence and shall be liable to a fine of level 4 on the standard scale.

PART 7

REGULATION OF REMOTE GAMBLING

41  Remote gambling during activation period

  1. The Minister shall supervise the conduct of remote gambling that takes place from premises in Jersey.
  2. Without limiting the generality of paragraph (1), the Minister shall hear promptly any complaint made to him or her in relation to the conduct of remote  gambling  operations  under  a  licence  and  conduct  the  further investigations that he or she thinks fit into the subject matter of the complaint.

42  Minister may issue compliance directions

  1. The Minister may, by notice in writing, issue a compliance direction to –
  1. the  holder  of  a  remote  gambling  operator's  licence  who  is conducting in Jersey remote gambling; or
  2. the holder of a remote gambling facility provider's licence whose name  is  specified  on  a  remote  gambling  operator's  licence,  if remote gambling is being conducted in Jersey by the holder of the remote gambling operator's licence.
  1. A compliance direction may require the holder of a licence to whom the direction is issued to take an action, or not to take an action, specified in the direction.
  1. A compliance direction shall not be inconsistent with a provision of the Law or these Regulations or a condition of the licence.
  2. A holder of a licence who contravenes a compliance direction issued to him or her commits an offence and shall be liable to a fine of level 4 on the standard scale.

PART 8

APPEALS AGAINST DECISIONS

43  Right of appeal to Royal Court

  1. A person who has applied for a licence under these Regulations may appeal  to  the  Royal  Court  against  a  decision  by  the  Minister  under Regulation 7 or 20 to refuse to grant the licence to the person.
  2. A person who has been granted a licence under these Regulations may appeal  to  the  Royal  Court  against  a  decision  by the  Minister  under Regulation 11(3) or 22(1) to impose a condition on a licence granted to the person.
  3. A person who has been granted a licence under these Regulations may appeal to the Royal Court against a decision by the Minister –
  1. under Regulation 28 to refuse to alter the conditions imposed on the licence;
  2. under Regulation 30 to alter a condition imposed on, or to add a condition to, the licence; or
  3. under Regulation 32 or 33 to suspend or revoke the licence.
  1. A person who has been granted a licence under these Regulations may appeal  to  the  Royal  Court  against  a  decision  by the  Minister  under Regulation 29 to refuse to alter any matter specified on the licence under Regulation 9 or 21.
  2. A  person  may  appeal  to  the  Royal  Court  against  a  decision  by  the Minister  under  Regulation 42  to  issue  a  compliance  direction  to  the person.

44  Appeals

  1. An appeal under Regulation 43 shall be brought within 21 days after the appellant receives notice in writing of the decision appealed against or within such further time as the Royal Court may allow.
  2. Unless the Royal Court so orders, the lodging of an appeal shall not operate to stay the effect of a decision pending the determination of the appeal.
  3. On hearing the appeal, the Royal Court may confirm, reverse or vary the decision against which the appeal is brought.

45  Appeal to Court of Appeal against decision of Royal Court on appeal

The Minister and an appellant under this Part shall have a right of appeal to the Court of Appeal against a decision of the Royal Court under Regulation 44.

PART 9

CONCLUDING PROVISIONS

46  False information

  1. A person shall not make a statement that is false or misleading in any material particular in an application made to, or information provided to, the Minister under these Regulations.
  2. A person shall not falsify or alter any document that is issued by the Minister, under these Regulations or provide to the Minister, or a delegate of the Minister, a document that has been falsified or altered by the person or that the person knows to have been falsified or altered.
  3. A person shall not produce to the Minister an invalid document that purports to be a valid document, if he or she knows, or ought reasonably be expected to know, that the document is invalid.
  4. A person who contravenes paragraph (1), (2) or (3) commits an offence and shall be liable to imprisonment for one year and to a fine.

47  Citation

These Regulations may be cited as the Gambling (Remote Gambling Disaster Recovery) (Jersey) Regulations 2008.

SCHEDULE 1  Regulations 2008

SCHEDULE 1 (Regulation 5(2))

FORM OF APPLICATION FOR REMOTE GAMBLING OPERATOR'S LICENCE

  1. Name of applicant.
  2. Residential address or registered office of applicant.
  3. Name, telephone number and email address of principal person who may be contacted in relation to this application.
  4. Name of foreign gambling corporation, if any, in relation to the applicant.
  5. Designation of URL or unique identifier of each gambling site  from which a customer may, under the Jersey remote gambling licence or the foreign authorization in relation to the person, engage in remote gambling conducted by the person.
  6. Address of the premises from which it is intended that remote gambling shall be conducted under the licence.
  7. Name of person who holds a remote gambling facility provider's licence in relation to the premises specified under item 6.
  8. Names  and  registered  offices  of  any  holding  company  or  subsidiary company in relation to applicant.

Regulations 2008  SCHEDULE 2

SCHEDULE 2 (Regulation 18(2))

FORM OF APPLICATION FOR REMOTE FACILITY PROVIDER'S LICENCE

  1. Name of applicant.
  2. Residential address or registered office of applicant.
  3. Name, telephone number and email address of principal person who may be contacted in relation to this application.
  4. Address of the premises from which it is intended that remote gambling shall be conducted by holder of remote gambling operator's licence.
  5. Names  and  registered  offices  of  any  holding  company  or  subsidiary company in relation to applicant.

Endnotes  Regulations 2008

ENDNOTES

Table of Legislation History

 

Legislation

Year and No

Commencement

Gambling (Remote Gambling Disaster Recovery) (Jersey) Regulations 2008

R&O.5/2008

22 January 2008

Table of Renumbered Provisions

 

Original

Current

47(1)

47

47(2)

Spent, omitted

Table of Endnote References

1 chapter 11.300

2 chapter 08.580

3 chapter 13.075

4 chapter 11.300

5 chapter 17.245.57 6 chapter 13.075

7 chapter 17.245.57 8 chapter 13.125

9 chapter 15.240

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