The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 15 and Saving Provision) and the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 8) Order 2018

Made: 21st March 2018

Laid before the Scottish Parliament: 23rd March 2018

Coming into force: 29th June 2018

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 201(1) and (2) and 206(1) of the Criminal Justice and Licensing (Scotland) Act 2010[^f00001] and section 88 (2) of the Air Weapons and Licensing (Scotland) Act 2015[^f00002].

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 15 and Saving Provision) and the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 8) Order 2018 and comes into force on the 29th June 2018.

• (2) In this Order—

• “the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010;

• “the 2015 Act” means the Air Weapons and Licensing (Scotland) Act 2015.

Commencement of the 2010 Act provisions

2

On 29th June 2018 the following provisions of the 2010 Act come into force:—

• (a) Section 184 (Premises licences: connected persons and interested parties), in so far as not already in force;

• (b) Section 197 (Powers of Licensing Standards Officers).

Commencement of the 2015 Act provisions

3

29th June 2018 is the day appointed for section 59 (Interested parties) of the 2015 Act to come into force.

Saving Provision – Powers of Licensing Standards Officers

4

Notwithstanding the commencement of section 197 of the 2010 Act, inspections and investigations commenced by Licensing Standards Officers prior to 29th June 2018 and which have not concluded as at that date shall proceed as if that section has not been commenced.

Signed

MICHAEL MATHESON — A member of the Scottish Government — 21st March 2018

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force on 29th June 2018 certain provisions of the Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”) and the Air Weapons and Licensing (Scotland) Act 2015 (“the 2015 Act”).

Article 2 of this Order commences section 184 of the 2010 Act in so far as it is not already in force. Section 184 amends certain sections of the Licensing (Scotland) Act 2005 (“the 2005 Act”) and also inserts section 40A into the 2005 Act. Section 40A requires premises licence holders to notify Licensing Boards of changes to connected persons and interested parties. Section 184 was partially commenced by [S.S.I. 2010/413](https://www.legislation.gov.uk/ssi/2010/413). This was generally in respect of connected person and not interested parties. Article 2 now commences section 184 in its entirety. Section 59 of the 2015 Act amends section 184 by removing references to interested parties. Article 3 commences section 59 of the 2015 Act on the same day as the remainder of section 184.

Section 197 of the 2010 Act, which amends the 2005 Act by increasing the powers of Licensing Standard Officers, is also commenced in Article 2.

Article 4 of this Order makes a saving provision in relation to inspections and investigations by Licensing Standards Officers commenced prior to 29th June 2018 and which have not yet concluded. It provides that any such inspection and investigation shall proceed as if section 197 had not been commenced.

The Bill for the 2010 Act received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 came into force on the day after Royal Assent. The Bill for the 2015 Act received Royal Assent on 4th August 2015. Sections 60(1) and (2), 84, 85, 86, 88 and 89 came into force the following day.

Footnotes

[^f00001]: 2010 asp 13.

[^f00002]: 2015 asp 10.