The bill for the new Gambling Act 2025 ("the New Act") was published in June and amends the existing Gambling Act 2005 ("Old Act").
The Gibraltar Parliament is expected to approve the New Act this September, with the New Act to take effect on the 1st October 2025 ("the Effective Date").
Schedule 8 of the New Act contains transitional provisions for the existing and new framework, as summarised below:
1. EXISTING LICENCE HOLDERS
A licence holder of a regulated activity under the Old Act is automatically treated as licenced under the New Act until a new licence is issued.
There is no need for current licensed operators to reapply for a licence under the New Act.
2. PENDING APPLICATIONS
Applications made for a licence under the Old Act but not yet determined by the Effective Date of the New Act will be treated as if the licence application is made under the New Act.
3. ACTIVITIES THAT BECOME LICENSABLE UNDER THE NEW ACT
Businesses conducting activities that did not require a licence under the Old Act but do under the New Act, shall be granted a temporary "transitional licence", valid for up to six (6) months. This may be extended until the licence application is determined provided a full and complete application is made. The transitional licence remains valid until a decision is made.
4. OFFENCES AND ENFORCEMENT
The Old Act continues to apply to:
- Investigations or proceedings in respect of offences committed or allegedly committed prior to the New Act; and
- Ongoing enforcement actions by the Gambling Commissioner before the Effective Date.
5. APPEALS
Appeals that are connected to decisions made under the Old Act must be decided in accordance with the provisions of the Old Act, regardless of whether the appeal is filed after the Effective Date of the New Act.
6. LICENCE HOLDERS WITHOUT A REGULATED INDIVIDUAL
A Regulated Individuals regime will be introduced by the New Act.
Individuals performing regulated functions for a licence holder have twelve (12) months from the Effective Date to become "Regulated Individuals".
If the licence holder applies for Regulated Individual approval within this period, the deadline is extended until the application (and any appeal) is decided.
7. PREVIOUSLY APPROVED REGULATED INDIVIDUALS
Individuals already performing regulated functions and previously approved or vetted by the Gambling Commissioner under the Old Act are automatically approved on the Effective Date of the New Act.
Approval of Regulated Individuals is subject to the same conditions as the Old Act and does not exempt any past liabilities and breaches of the Old Act.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
