35Change in state of affairs of operator

#### 35 Change in state of affairs of operator 35 Change in state of affairs of operator > > (1) In this section— > > > > major change in the state of affairs existing in relation to a casino operator means— > > > > > (a) any change in that state of affairs which results in a person becoming a close associate of the casino operator, or > > > > > (b) any other change in that state of affairs which is of a class or description prescribed as major for the purposes of this section. > > > > minor change in the state of affairs existing in relation to a casino operator means any change in that state of affairs that is prescribed as a minor change for the purposes of this section. > > > (2) It is a condition of a casino licence that the casino operator must— > > > > > (a) ensure a major change in the state of affairs existing in relation to the casino operator that is within the operator’s power to prevent does not occur other than with the prior written approval of the NICC, and > > > > > (b) notify the NICC in writing of the likelihood of any major change in the state of affairs existing in relation to the operator to which paragraph (a) does not apply as soon as practicable after the operator becomes aware of the likelihood of the change, and > > > > > (c) notify the NICC in writing of any major change in the state of affairs existing in relation to the operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred, and > > > > > (d) notify the NICC in writing of any minor change in the state of affairs existing in relation to the operator within 14 days after becoming aware that the change has occurred. > > > (2A) For subsection (2)(a), if the major change in the state of affairs can be prevented by a holding company of the casino operator, the major change is taken to be within the operator’s power to prevent. > > > (3) If a major change involves a person becoming a close associate of a casino operator, the NICC must not grant approval for the major change unless the NICC is satisfied— > > > > > (a) the person is a suitable person to be associated with the management of a casino, or > > > > > (b) the person holds an exemption under section 42A(2)(a) or would be eligible for the grant of an exemption under that paragraph. > > > (4) Sections 14, 15, 17 and 18 apply to and in respect of an application for approval under this section in the same way that they apply to and in respect of an application for a licence. > > > (5) If a major change is proposed or has occurred involving a person becoming a close associate of a casino operator and the approval of the NICC to the change is not required— > > > > > (a) the NICC must inquire into the change to determine whether the NICC is satisfied the person— > > > > > > > (i) is a suitable person to be associated with the management of a casino, or > > > > > > > (ii) holds an exemption under section 42A(2)(a) or would be eligible for the grant of an exemption under that paragraph, and > > > > > (b) if it is not so satisfied, is to take such action as it considers appropriate. > > **s 35:** Am 2022 No 36, Sch 1\[31\]–\[33\]; 2023 No 46, Sch 1\[1\] \[2\].