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The Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019

S.S.I. 2019/6 · Made 15 January 2019 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Criminal Law

Licenses And Licensing

Made 15th January 2019

Laid before the Scottish Parliament 17th January 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraphs 1(1) and (3) of schedule 2, and paragraph 21(b) of schedule 7, of the European Union (Withdrawal) Act 2018 M1 and all other powers enabling them to do so.

Annotations to the whole text

Marginal citations

M1

2018 c.16.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. Part 2: Amendment of primary legislation
  4. 2Amendment of the Civic Government (Scotland) Act 1982
  5. 3Amendment of the Crossbows Act 1987
  6. 4Amendment of the Criminal Justice Act 1988
  7. 5Amendment of the Licensing (Scotland) Act 2005
  8. Part 3: Amendment of subordinate legislation
  9. 6Amendment of the Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007
  10. Part 4: Saving provision
  11. 7Saving provision
  12. Signature
  13. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019 and come into force on exit day.

2Amendment of the Civic Government (Scotland) Act 1982I1

(1)

Schedule 2 (control of sex shops) of the Civic Government (Scotland) Act 1982 M1 is amended as follows.

(2)

In paragraph 9(3), in both sub-paragraphs (e) and (f), for “a member state of the European Union” substitute “ the United Kingdom ”.

3Amendment of the Crossbows Act 1987I1

(1)

The Crossbows Act 1987 M1 is amended as follows.

(2)

In section 1A (defences), in subsection (3), after paragraph (a) insert—

“(aa)

a UK driving licence,”.

4Amendment of the Criminal Justice Act 1988I1

(1)

The Criminal Justice Act 1988 M1 is amended as follows.

(2)

In section 141A (sale of knives and certain articles with blade or point to persons under eighteen), in subsection (4B), after paragraph (a) insert—

“(aa)

a UK driving licence,”.

5Amendment of the Licensing (Scotland) Act 2005I1

(1)

The Licensing (Scotland) Act 2005 M1 is amended as follows.

(2)

In section 102 (sale of alcohol to a child or young person), in subsection (4), after paragraph (a) insert—

“(aa)

a UK driving licence,”.

(3)

In section 108 (delivery of alcohol by or to a child or young person), in subsection (7), after paragraph (a) insert—

“(aa)

a UK driving licence,”.

6Amendment of the Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007I1

(1)

The Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007 M1 are amended as follows.

(2)

In regulation 2(2)(c), omit “(other than the United Kingdom)”.

7Saving provisionI1

The amendments made by regulation 2 do not apply in respect of an application for the grant or renewal of a licence under paragraph 6 of schedule 2 of the Civic Government (Scotland) Act 1982 received by the local authority before F1IP completion day.

Signature

ASH DENHAM

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in paragraphs 1(1) and (3) of schedule 2, and paragraph 21(b) of schedule 7, of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), 8(2)(d) and 8(3)(a) of that Act) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation relating to licensing. Part 2 amends primary legislation and Part 3 amends subordinate legislation. Part 4 provides that amendments made by regulation 2 do not apply to matters arising before exit day.

An impact assessment has not been produced for this instrument as it has no or minimal impact on business, charities or voluntary bodies.