LegalizeThe Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 6 and Saving Provisions) Order 2017
Made: 18th April 2017
Laid before the Scottish Parliament: 20th April 2017
Coming into force: 15th May 2017
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. 6 and Saving Provisions) Order 2017 and comes into force on 15th May 2017.
- (2) In this Order—
- “the 2015 Act” means the Air Weapons and Licensing (Scotland) Act 2015; and
- “Licensing Board” means a Board continued in existence by or established under section 5 of the 2005 Act.
Appointed day
2
- (1) 15th May 2017 is 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).
- (2) Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 15th May 2017 for that purpose only.
Saving provisions: section 43, 44, 45, 46, 47 and 48 of the 2015 Act
3
- (1) Despite the commencement of sections 43, 44, 45, 46, 47 and 48 of the 2015 Act, the amendments made by those sections have no effect in relation to—
- (a) an application for a premises licence received by a Licensing Board before 15th May 2017;
- (b) an application for the transfer of a premises licence received by a Licensing Board before 15th May 2017;
- (c) a premises licence review application received by a Licensing Board before 15th May 2017;
- (d) a premises licence review proposal initiated by a Licensing Board before 15th May 2017;
- (e) an application for a personal licence received by a Licensing Board before 15th May 2017;
- (f) an application for a renewal of a personal licence received by a Licensing Board before 15th May 2017; and
- (g) a hearing under sections 83 or 84 of the 2005 Act where the date of the hearing has been scheduled before 15th May 2017.
- (2) In this article—
- “premises licence review application” has the same meaning given in section 36 of the 2005 Act;
- “premises licence review proposal” has the same meaning given in section 37 of the 2005 Act.
4
- (1) Where a Licensing Board makes a relevant decision prior to 15th May 2017, the amendments made by section 43, 44, 45, 46, 47 and 48 of the 2015 Act have no effect in relation to an appeal against that decision under section 131 of, and schedule 5 to, the 2005 Act.
- (2) In this article a “relevant decision” is a decision to—
- (a) refuse a premises licence application;
- (b) refuse an application for the transfer of a premises licence;
- (c) revoke a premises licence upon review;
- (d) refuse a personal licence application; and
- (e) revoke a personal licence under sections 83 or 84 of the 2005 Act.
Saving provision: section 50 and 51 of the 2015 Act
5
Despite the commencement of section 50 and 51 of the 2015 Act, the amendments made by those sections to the 2005 Act have no effect in relation to a notice received by the Licensing Board from the chief constable, under section 44 or section 83 of the 2005 Act, prior to 15th May 2017.
SCHEDULE — PROVISIONS OF THE 2015 ACT WHICH COME INTO FORCE ON 15TH MAY 2017
| Column 1 Provisions of the 2015 Act | Column 2 Subject matter | Column 3 Purpose |
|---|---|---|
| Section 41 | Licensing objectives: protecting young persons from harm | |
| Section 43, 44, 45, 46, 47 and 48 | Fit and proper person test | |
| Section 50 and 51 | Relevant offences and foreign offences | |
| Section 53 | Offence of supplying alcohol to a child or young person | |
| Section 54 | Meaning of “alcohol”: inclusion of angostura bitters | |
| Section 56 | Duties of Licensing Boards to produce annual reports | For the purposes of inserting section 9B into the 2005 Act and amending s.146 of the 2005 Act |
| Section 57 | Licensing Standards Officers; general function in relation to personal licences | |
| Section 58 | Powers of Licensing Standards Officers | |
| Section 60 | Personal licences: grant, duration and renewal | For all remaining purposes |
| Section 62 | Forms etc. of communications under the 2005 Act | |
| Section 87 | Minor and consequential amendments and repeals | For the purposes of giving effect to Part 2 of schedule 2 |
| Part 2 of schedule 2, paragraph 4(1), (3), (5) and (7) | Amendments relating to Part 2 |
Signed
MICHAEL MATHESON — A member of the Scottish Government — 18th April 2017
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 Act”): sections 41, 43-48, 50, 51, 53, 54, 56 (for limited purposes), 57, 58, 60 (for all remaining purposes), 62, 87 (for limited purposes) and Part 2 of schedule 2, paragraph 4(1), (3), (5) and (7). The provisions are brought into force on 15th May 2017 (article 2).
Articles 3 and 5 contain savings provisions.
Article 3 of the Order makes a saving provision that has the effect that, despite the commencement of sections 43 to 48 of the 2015 Act, the amendments therein shall not apply to the consideration of certain applications or hearings received, initiated or scheduled prior to 15th May 2017.
This includes an application for a premises licence (under section 20 of the 2005 Act); an application for the transfer of a premises licence (under section 33 or 34 of the 2005 Act); a premises licence review application (under section 36 of the 2005 Act); a premises licence review proposal initiated by a Licensing Board (under section 37 of the 2005 Act); an application for a personal licence (under section 72 of the 2005 Act); and an application for a renewal of a personal licence (under section 78 of the 2005 Act). Finally, this article provides that a hearing under sections 83 or 84 of the 2005 Act is unaffected where the date of the hearing has been scheduled before 15th May 2017.
Article 4 of the Order makes a saving provision that has the effect that despite the commencement of sections 43 to 48 of the 2015 Act, the amendments therein shall not apply to the consideration of certain appeals to decisions made by Licensing Boards, where those decisions were made prior to 15th May 2017.
This includes a decision to refuse a premises licence application (under section 23 of the 2005 Act); a decision to refuse an application for the transfer of a premises licence (under section 33 of the 2005 Act); a decision to revoke a premises licence upon review (under section 39 of the 2005 Act); a decision to refuse a personal licence application (under section 74 of the 2005 Act); and a decision to revoke a personal licence (under section 83 or 84 of the 2005 Act).
Article 5 of the Order makes a saving provision that has the effect that despite the commencement of sections 50 and 51 of the 2015 Act, the amendments therein shall not apply where the Licensing Board has received a notice from the chief constable in relation to a premises or personal licence, prior to 15th May 2017.
The Bill for the Act received Royal Assent on 4th August 2015. Sections 60(1) and (2), 84, 85, 86, 88 and 89 of the Act came into force on the following day.
Footnotes
[^f00001]: 2015 asp 10.
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