# 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 · revised to 1 November 2011 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. Made under: Criminal Justice and Licensing (Scotland) Act 2010 (Section 201, Section 206) PDFs: Printed copy https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010-commencement-no-9-transitional-and-savings-provisions-order-2011/pdf/ssi_20110354_en.pdf ## Introductory text 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 2010. ## 1 Citation, commencement and interpretation (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 1982; “the 2005 Act” means the Licensing (Scotland) Act 2005; “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. ## 2 Commencement of provisions (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. ## 3 Savings provision and transitional provision - section 174 (licensing of taxis and private hire cars) (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. ## 4 Transitional provision - section 184 (premises licences: connected persons and interested parties) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 5 Savings provision – schedule 6 (further modifications of the 2005 Act) 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 ## Column 1 (provisions of the Act) Column 2 (subject matter) Column 3 (date of commencement) Column 4 (purpose) Section 100 Sexual offences protection orders 1st November 2011 Section 103 Risk of sexual harm orders 1st November 2011 Section 109(1) and (2) Spent alternatives to prosecution: Rehabilitation of Offenders Act 1974 1st November 2011 Section 109(3) Spent alternatives to prosecution: Rehabilitation of Offenders Act 1974 1st November 2011 For 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 1974 1st November 2011 Section 110(1) Medical services in prisons 1st November 2011 Section 110(2) Medical services in prisons 1st November 2011 For all purposes in respect of offences committed under section 41D of the Prisons (Scotland) Act 1989 on or after the date specified in column 3. Section 110(3), (4) and (5) Medical services in prisons 1st November 2011 Section 174 Licensing of taxis and private hire cars 1st November 2011 . . . . . . . . . . . . Section 195 Liability for offences 1st November 2011 For 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 6 Further modifications of the 2005 Act 1st November 2011 Paragraphs 9 and 10 of schedule 6 Further modifications of the 2005 Act 1st November 2011 For the purposes of occasional licence applications received by a Licensing Board on or after the date specified in column 3. Paragraph 17 of schedule 6 Further modifications of the 2005 Act 1st November 2011 Paragraphs 7, 9 and 10 of schedule 7 Modifications of enactments 1st 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. --- Source: https://www.legislation.gov.uk/ssi/2011/354 (the official version) Page: https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010-commencement-no-9-transitional-and-savings-provisions-order-2011 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.