OpenLegislation

Section 155 Delegation of functions under Part 8: ScotlandI1C1C2

England, Wales and Scotland

F1(1)

Subject to subsection (2), a licensing authority in Scotland may arrange for the discharge of any of its functions under this Part by–

(a)

any member of the authority,

(b)

any committee established by the authority,

(c)

the clerk of the authority, or

(d)

any member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005 (asp 16).

(2)

A licensing authority are not to make any arrangements under subsection (1)—

(a)

in relation to their power under section 166 or their function under section 349, or

(b)

for the discharge by the clerk of the authority or any F2member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005 of any of the authority's functions mentioned in paragraphs (a) to (e) of section 154(4).

(3)

The procedures applicable to the proceedings of licensing boards in the exercise or their functions under the Licensing (Scotland) Act F32005 apply to the proceedings of those boards in the exercise of their functions under this Part: and for that purpose regulations made by the Scottish Ministers may, in particular, make provision which applies—

(a)

only in relation to functions under that Act,

(b)

only in relation to functions under this Part, or

(c)

differently in relation to functions under that Act and functions under this Part.

Annotations

Textual amendments

F1

S. 155(1) substituted (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), sch. 1 para. 12(4)(a) (with art. 3)

F2

Words in s. 155(2)(b) substituted (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), sch. 1 para. 12(4)(b) (with art. 3)

F3

Word in s. 155(3) substituted (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), sch. 1 para. 12(4)(c) (with art. 3)

Modifications

C1

S. 155 applied (S.) (2.11.2007) by Licensed Premises Gaming Machine Permits (Scotland) Regulations 2007 (S.S.I. 2007/505), regs. 1(1), 5

C2

S. 155 applied (S.) (2.11.2007) by Club Gaming and Club Machine Permits (Scotland) Regulations 2007 (S.S.I. 2007/504), regs. 1(1), 23(2)

Commencement

I1

S. 155 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

Notes on Part 8

Modifications

C1

Pt. 8 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 54-66 (as amended (16.8.2007) by S.I. 2007/2169, art. 11)

C2

Pt. 8 modified by S.I. 2006/3272, art. 8(1)(3) (as inserted (16.8.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007 (S.I. 2007/2169), arts. 1(1), 5)