# Criminal Justice and Licensing (Scotland) Act 2010, Section 173: Licensing: powers of entry and inspection for civilian employees


(1) The 1982 Act is amended as follows.
(2) In section 5 (rights of entry and inspection)—
(a) in subsection (1), after “licensing authority” insert “ , an authorised civilian employee ”,
(b) in subsection (3)(a) and (b)—
(i) after “constable” where it first occurs insert “ , an authorised civilian employee ”, and
(ii) after “such an” insert “ employee or ”,
(c) in subsection (3)(c), after “constable” insert “ , an authorised civilian employee ”,
(d) in subsection (4)—
(i) after “licensing authority” insert “ , an authorised civilian employee ”, and
(ii) after “the officer” insert “ , employee ”, and
(e) in subsection (6), after “licensing authority” insert “ or authorised civilian employee ”.
(3) In section 8 (interpretation of Parts 1 and 2), after the definition of “appropriate relevant authority” insert—
““authorised civilian employee” means a person—
(a) employed by a police authority under section 9(1)(a) of the Police (Scotland) Act 1967 (c.77), and
(b) authorised by the chief constable for the purposes of sections 5 and 11 of this Act;”.
(4) In section 11 (inspection and testing of vehicles), in subsection (2)—
(a) after “the authority)” insert “ , an authorised civilian employee ”,
(b) in paragraph (b), after “licensing authority” insert “ , an authorised civilian employee ”, and
(c) after “authorised officer” where it last occurs, insert “ , employee ”.
(5) In paragraph 3 (miscellaneous definitions) of Schedule 2 (control of sex shops), after the definition of “appropriate relevant authority” insert—
““authorised civilian employee” means a person—
(a) employed by a police authority under section 9(1)(a) of the Police (Scotland) Act 1967 (c.77), and
(b) authorised by the chief constable for the purposes of paragraph 20 of this Schedule;”.
(6) In paragraph 20 of that Schedule (rights of entry and inspection)—
(a) in sub-paragraph (1), after “local authority” insert “ , an authorised civilian employee ”,
(b) in sub-paragraph (3), after “local authority” insert “ or an authorised civilian employee ”, and
(c) in sub-paragraph (5)—
(i) after “constable” where it first occurs insert “ , an authorised civilian employee ”, and
(ii) after “such” insert “ employee or ”.

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Source: https://www.legislation.gov.uk/asp/2010/13/section/173 (the official version)
Page: https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010/section-173
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

