Guidance

Regulatory decisions: Procedures and guidance for regulatory hearings

Guidance to assist Directors or the Regulatory Panel to carry out their regulatory functions in accordance with our policies and procedures and to comply with the law.

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Published
16 May 2022

Last updated
16 May 2022 - Changes

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Contents

• Regulatory decisions: Procedures and guidance for regulatory hearings

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• 1 - Introduction
• - The purpose of this guidance
• - Scheme of delegations
• - Referral of case to a regulatory hearing
• - The legal framework for decision making
• - Conflicts of interest
• 2 - Preparing for the hearing
• - Introduction
• - Documentary and other evidence
• - Case management hearings
• 3 - The hearing
• 4 - The decision making process for regulatory decisions
• - Determining the facts
• - Deciding what should be done in the light of the facts found

Introduction

Regulatory reviews are those conducted under the provisions of section 116 of the Gambling Act 2005. The Gambling Commission has produced a Statement of principles on licensing and regulation, setting out the principles which the Commission will apply when exercising its functions. Further details about how licence reviews will be conducted can be found in the Licensing, compliance and enforcement policy statement.

The purpose of a hearing is to allow the Regulatory Panel or Director to consider whether the Commission should exercise its regulatory powers under sections 117, 118 or 119 of the Act.

Adherence to time limits

It is in everyone’s interests for the time limits set out below to be adhered to. Adhering to the time limits supports proper case preparation, which in turn enhances the fairness and transparency of the process and avoids the possibility of postponement and delay. Officials should therefore seek to ensure that time limits are met.

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Documentary and other evidence

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Last updated: 16 May 2022

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