OpenLegislation

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 9, Transitional and Savings Provisions) Order 2011

S.S.I. 2011/354 · Made 6 October 2011 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 November 2011.

Criminal Law

Made 6th October 2011

Laid before the Scottish Parliament 10th October 2011

Coming into force 1st November 2011

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 2010f1.

Annotations to the whole text

Footnotes

f1

2010 asp 13.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Commencement of provisions
  3. 3Savings provision and transitional provision - section 174 (licensing of taxis and private hire cars)
  4. 4Transitional provision - section 184 (premises licences: connected persons and interested parties) Repealed
  5. 5Savings provision – schedule 6 (further modifications of the 2005 Act)
  6. Signature
  7. Schedule Schedule
  8. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 9, Transitional and Savings Provisions) Order 2011 and comes into force on 1st November 2011.

(2)

In this Order—

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

  • “the 1982 Act” means the Civic Government (Scotland) Act 1982f1;

  • “the 2005 Act” means the Licensing (Scotland) Act 2005f2;

  • “occasional licence application” has the meaning given in section 56(4) of the 2005 Act; and

  • “premises licence” has the meaning given in section 17 of the 2005 Act.

2Commencement of provisionsI1

(1)

The provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2 of the Schedule) come into force on the corresponding date specified in column 3 of the Schedule.

(2)

Where a purpose is specified in column 4 of the Schedule, the corresponding provision specified in column 1 of the Schedule comes into force only for that purpose.

3Savings provision and transitional provision - section 174 (licensing of taxis and private hire cars)I1

(1)

The commencement of section 174 of the Act has no effect as regards—

(a)

an application for a licence under section 13 of the 1982 Act made before 1st November 2011; or

(b)

a review under section 17(2) of the 1982 Act commenced before that date.

(2)

The duty specified in section 17(2) of the 1982 Act (as substituted by section 174(3)(a) of the Act) does not apply in relation to scales which are in effect on 1st November 2011 and are the subject of a review commenced before that date.

4Transitional provision - section 184 (premises licences: connected persons and interested parties)F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Savings provision – schedule 6 (further modifications of the 2005 Act)I1

The commencement of paragraphs 2 and 17 of schedule 6 to the Act is of no effect in relation to—

(a)

an occasional licence application received by a Licensing Board before 1st November 2011;

(b)

an application for a premises licence made to a Licensing Board before 13th December 2011;

(c)

an application for the transfer of a premises licence made to a Licensing Board before 13th December 2011; and

(d)

an application for a personal licence under section 72 of the 2005 Act made before 13th December 2011.

Signature

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

6th October 2011

I1

Column 1

(provisions of the Act)

Column 2

(subject matter)

Column 3

(date of

commencement)

Column 4

(purpose)

Section 100Sexual offences protection orders1st November 2011
Section 103Risk of sexual harm orders1st November 2011
Section 109(1) and (2)Spent alternatives to prosecution: Rehabilitation of Offenders Act 19741st November 2011
Section 109(3)Spent alternatives to prosecution: Rehabilitation of Offenders Act 19741st November 2011For all purposes in respect of offences committed on or after the date specified in column 3.
Section 109(4)Spent alternatives to prosecution: Rehabilitation of Offenders Act 19741st November 2011
Section 110(1)Medical services in prisons1st November 2011
Section 110(2)Medical services in prisons1st November 2011For all purposes in respect of offences committed under section 41D of the Prisons (Scotland) Act 1989f1 on or after the date specified in column 3.
Section 110(3), (4) and (5)Medical services in prisons1st November 2011
Section 174Licensing of taxis and private hire cars1st November 2011
F1. . .. . .. . .. . .
Section 195Liability for offences1st November 2011For all purposes insofar as not already in force in respect of offences committed on or after the date specified in column 3.
Paragraph 2 of schedule 6Further modifications of the 2005 Act1st November 2011
Paragraphs 9 and 10 of schedule 6Further modifications of the 2005 Act1st November 2011For the purposes of occasional licence applications received by a Licensing Board on or after the date specified in column 3.
Paragraph 17 of schedule 6Further modifications of the 2005 Act1st November 2011
Paragraphs 7, 9 and 10 of schedule 7Modifications of enactments1st November 2011

Explanatory note

(This note is not part of the Order)

This Order brings into force certain provisions of the Criminal Justice and Licensing (Scotland) Act 2010. Article 2 provides that the provisions specified in column 1 of the Schedule come into force on the date specified in column 3. Those provisions come into force for all purposes unless otherwise specified in column 4 of the Schedule.

Articles 3 and 4 make transitional and savings provision.

The Bill for the Act received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the Act came into force on Royal Assent.