Article 6 Transitional provision

(1)

A person who carries on the activity designated by article 3 without a licence under Part I of the 1982 Act, does not commit an offence under section 7(1) of that Act if—

(a)

that person carried on the activity before 1 April 2022,

(b)

before 1 April 2023, that person makes an application to the licensing authority for the grant of a licence under Part I of that Act in respect of the activity being carried on by the person, and

(c)

that application has not yet been finally determined.

(2)

Where a licensing authority determines an application by a person mentioned in paragraph (1), section 3 of the 1982 Act^f1 is to be read as if—

(a)

for subsection (1), there were substituted—

“(1)
For the purpose of the discharge of their functions under this Part of this Act, every licensing authority must, subject to the following provisions of this section, reach a final decision on the application within the period of 12 months beginning on the day on which the application was made.”,

(b)

in subsection (2), for “6 month” there were substituted “12 month”, and

(c)

in subsection (4)(a), for “6 month” there were substituted “12 month”.

(3)

For the purpose of paragraph (1)(c), an application is finally determined when—

(a)

the application is granted,

(b)

it is withdrawn by the applicant, or

(c)

it is refused by the licensing authority and the period of 28 days specified in paragraph 18(4) of schedule 1 of the 1982 Act expires without an appeal against the refusal being made to the sheriff, or

(d)

in a case where an appeal is made against a refusal by a licensing authority, that appeal is disposed of.

(4)

For the purposes of paragraph (3)(d), an appeal is disposed of when—

(a)

it is abandoned by the appellant, or

(b)

a decision in it is made by the sheriff or a higher court and any period for making a subsequent appeal to a higher court expires without such a subsequent appeal being made.

Annotations

Footnotes

f1: Section 3 was amended by section 172(2) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) and section 77(2) of the Air Weapons and Licensing (Scotland) Act 2015 (asp 10).