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

S.S.I. 2019/6 · made 15 January 2019 · revised to 31 December 2020

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.

PDFs: Printed copy https://openlegislation.uk/licensing-amendment-eu-exit-scotland-regulations-2019/pdf/ssi_20190006_en.pdf; Policy Note https://openlegislation.uk/licensing-amendment-eu-exit-scotland-regulations-2019/pdf/ssipn_20190006_en.pdf

## Introductory text

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 and all other powers enabling them to do so.

## Part 1: Preliminary

## 1 Citation and commencement

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

## Part 2: Amendment of primary legislation

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

(1) Schedule 2 (control of sex shops) of the Civic Government (Scotland) Act 1982 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 ”.

## 3 Amendment of the Crossbows Act 1987

(1) The Crossbows Act 1987 is amended as follows.
(2) In section 1A (defences), in subsection (3), after paragraph (a) insert—
“(aa) a UK driving licence,”.

## 4 Amendment of the Criminal Justice Act 1988

(1) The Criminal Justice Act 1988 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,”.

## 5 Amendment of the Licensing (Scotland) Act 2005

(1) The Licensing (Scotland) Act 2005 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,”.

## Part 3: Amendment of subordinate legislation

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

(1) The Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007 are amended as follows.
(2) In regulation 2(2)(c), omit “(other than the United Kingdom)”.

## Part 4: Saving provision

## 7 Saving provision

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 IP 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.

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Source: https://www.legislation.gov.uk/ssi/2019/6 (the official version)
Page: https://openlegislation.uk/licensing-amendment-eu-exit-scotland-regulations-2019
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

