{
  "url": "https://openlegislation.uk/licensing-transitional-and-saving-provisions-scotland-order-2007/article-3",
  "json_url": "https://openlegislation.uk/licensing-transitional-and-saving-provisions-scotland-order-2007/article-3.json",
  "legislation": "ssi/2007/454",
  "legislation_title": "The Licensing (Transitional and Saving Provisions) (Scotland) Order 2007",
  "legislation_url": "https://openlegislation.uk/licensing-transitional-and-saving-provisions-scotland-order-2007",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Delegation",
  "text": "(1) Each Board is to make arrangements so that, during the transitional period, the functions specified in paragraph (3) are (subject to paragraph (2)) discharged by that Board’s clerk or a member of staff appointed to assist the clerk.\n(2) Where during the transitional period it appears to the clerk of a Board that, as regards a particular case, it is appropriate that a function specified in paragraph (3) be discharged by the Board or by a member or particular members of the Board, that officer is to remit the case appropriately.\n(3) The functions referred to in paragraph (1) are–\n(a) making a decision under section 25 of the 1976 Act;\n(b) making a decision under section 26 of that Act;\n(c) granting or refusing an occasional licence or permission under section 33 or 34 of that Act;\n(d) giving or refusing a consent under section 35 of that Act;\n(e) deciding that the Board is or is not satisfied as described in paragraph (i) of section 59(1) of that Act;\n(f) dealing with an application for an occasional extension of permitted hours under section 64 of that Act;\n(g) dealing with an application under section 29 of the 2005 Act for a minor variation such as is described in subsection (6)(c) of that section; and\n(h) determining an application under section 33 or 34 of that Act (other than such an application as is described in paragraph 10(2)(e) of schedule 1 to that Act).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 25 was amended by the 1990 Act, section 51 and the Licensing (Amendment) (Scotland) Act 1992 (c. 18), section 1(1)(c)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 34 was amended by the 1990 Act, Schedule 8, paragraph 10."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 35 was amended by the Fire (Scotland) Act 2005 (asp 5), schedule 3, paragraph 8."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 59(1) was amended by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Schedule 4."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Section 64 was amended by the 1990 Act, sections 21(2), 46(7) and 51(5) and (6) and Schedule 8, paragraph 12."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2007/454/article/3",
    "retrieved_at": "2026-10-28T22:11:00.480958+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}