The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 5 and Saving Provisions) Order 2016

Made: 29th September 2016

Laid before the Scottish Parliament: 3rd October 2016

Coming into force: 1st November 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 88(2) and (3) of the Air Weapons and Licensing (Scotland) Act 2015[^f00001].

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 5 and Saving Provisions) Order 2016 and comes into force on 1st November 2016.

• (2) In this Order, “the 2015 Act” means the Air Weapons and Licensing (Scotland) Act 2015.

Appointed day

2

The day appointed for the coming into force of the provisions of the 2015 Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table) is specified in column 3 of that table.

Saving provision: section 75 of the 2015 Act

3

• (1) Paragraph (2) applies in relation to premises in respect of which an application for an occasional licence is made to the Licensing Board, or an occasional licence is granted by the Licensing Board, prior to 1st November 2016.

• (2) Where this paragraph applies, the amendment made by section 75 of the 2015 Act has no effect until the date on which the occasional licence referred to in paragraph (1) ceases to have effect.

• (3) In this article—

• “Licensing Board” means a Board continued in existence by or established under section 5 of the 2005 Act; and

• “occasional licence” means a licence granted under section 56 of the 2005 Act.

Saving provision: section 77 of the 2015 Act

4

Despite the commencement of section 77 of the 2015 Act, the amendments made by that section to the 1982 Act have no effect in relation to an application made prior to 1st May 2017.

Saving provision: section 78 of the 2015 Act

5

• (1) Despite the commencement of section 78 of the 2015 Act, the amendments made by that section to the 1982 Act have no effect in relation to proceedings to vary or suspend a licence where the date of notification by the licensing authority of their proposal to hold a hearing in accordance with paragraph 11(8) of schedule 1 of the 1982 Act is prior to 1st November 2016.

• (2) In this article “licensing authority” has the same meaning given in section 2 of the 1982 Act.

SCHEDULE

Signed

MICHAEL MATHESON — A member of the Scottish Government — 29th September 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force the following provisions of the Air Weapons and Licensing (Scotland) Act 2015 (“the 2015 Act”): sections 63, 64, 71, 75, 77, 78, 80, 81, 82 and 83 (article 2).

The Schedule to the Order appoints the 1st November 2016 for the commencement of section 64, 71, 75, 78, 80, 81, and 83 of the 2015 Act. The remaining provisions are brought into force on 1st May 2017.

Articles 3 to 5 contain saving provisions.

Article 3 makes a saving provision that has the effect that the commencement of section 75 of the 2015 Act, amending the exemption from holding a public entertainment licence for those in possession of an occasional licence, under section 56 of the Licensing (Scotland) Act 2005, has no effect where an application for an occasional licence is made or such a licence is granted prior to 1st November 2016. This saving provision will only apply for the duration of the occasional licence.

Article 4 makes a saving provision that has the effect that despite the commencement of section 77 of the 2015 Act, the amendments therein, which require a licensing authority to consider and decide applications within a set time period, otherwise the applications will be deemed to have been granted, have no effect in relation to an application made prior to 1st May 2017.

Article 5 makes a saving provision that has the effect that despite the commencement of section 78 of the 2015 Act, the amendments therein, permitting a licensing authority to revoke a licence, have no effect where a licensing authority has issued notification of a hearing to determine whether to vary or suspend a licence prior to 1st November 2016.

The Bill for the 2015 Act received Royal Assent on 4th August 2015. Sections 60(1) and (2), 84, 85, 86, 88 and 89 of the 2015 Act came into force on the following day.

Footnotes

[^f00001]: 2015 asp 10.