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The Licensing (Amendment of Various Rules) Rules 2001

S.I. 2001/1096 · Made 20 March 2001

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LICENSING (LIQUOR)

Made 20th March 2001

Coming into force 1st April 2001

The Secretary of State, in exercise of the powers conferred on him by sections 61(1), 91 and 198(2) of the Licensing Act 1964f1, hereby makes the following Rules:

Annotations to the whole text

Footnotes

f1

1964 c. 26; section 61(1) was amended by section 1(7) of, and paragraph 3 of Schedule 1 to, the Licensing Act 1988 (c. 17) and section 91 was amended by section 19(1) of, and paragraph 11 of Schedule 3 to, that Act and article 5(1) and (6) of the Deregulation (Special Hours Certificates) Order 1996 (S.I. 1996/977). The 1964 Act is also amended by section 90 of, and paragraphs 36 to 56 of Schedule 13 to, the Access to Justice Act 1999 (c. 22).

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

1

This Order may be cited as the Licensing (Amendment of Various Rules) Rules 2001 and shall come into force on 1st April 2001.

2

In —

(a)

rules 1 and 3(1) of, and Form 1 in Schedule 1 to, the Licensing Rules 1961f1,

(b)

rule 2(1) of the Licensing (Extended Hours Orders) Rules 1962f2, and

(c)

rules 3(1), 3A, 4(1) and 5(1) of the Licensing (Special Hours Certificates) Rules 1982f3,

for the word “clerk” there shall be substituted the words “chief executive”.

Signature

Mike O'Brien

Parliamentary Under-Secretary of State

Home Office

20th March 2001

Explanatory note

(This note is not part of the Rules)

These Rules amend the Licensing Rules 1961, the Licensing (Extended Hours Orders) Rules 1962, and the Licensing (Special Hours Certificates) Rules 1982, to transfer the administrative functions of justices' clerks under those Rules to justices' chief executives in line with section 90 of, and Schedule 13 to, the Access to Justice Act 1999 (which implement corresponding transfers in primary legislation).

Subsection (5) of section 90 provides that for the purposes of that section the administrative functions of justices' clerks are all of their functions apart from those which are legal functions within the meaning given by section 48(2) of the Justices of the Peace Act 1997 (c. 25), as substituted by section 89(1) of the 1999 Act.