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Licensing (Scotland) Act 2005

Schedule 1

298.This schedule sets out procedural matters relating to the membership and other administrative matters for Licensing Boards provided for by section 5 of the Act.

299.Paragraph 1 provides for the maximum and minimum numbers of members of Licensing Boards and that they should be councillors and provides for the membership of Boards for Licensing Divisions.

300.Paragraph 2 sets out the arrangements for the election of Licensing Boards by local councils and includes provision on elections to fill vacancies.

301.Paragraph 3 provides the circumstances in which councillors will be disqualified from membership of Licensing Boards.

302.Paragraph 4 establishes the duration for membership of Licensing Boards and also provides that a member may seek re-election, or resign at any time, and also sets out the circumstances when a member would cease to hold office. Paragraph 5provides for the removal of members.

303.Paragraph 6 makes provision for the election of a convener for each Licensing Board. It establishes the duration of office of the convenor, including eligibility for re-election. It provides that the convener may resign at any time and also provides when he or she would cease to hold office.Paragraph 7 makes provision for the removal of the convener.

304.Paragraph 8 requires the local councils to appoint clerks for the Licensing Boards and to provide other staff, property and services that are required to enable the Boards to carry out their functions. Paragraph 9enables the Board to establish committees.

305.Paragraph 10 provides a power for Licensing Boards to delegate their functions under this Act, apart from those functions set out paragraph 10(2), to any of those persons listed in paragraph 10(1).

306.Paragraph 11 makes it mandatory under this Act for all members of Licensing Boards to undertake the required training within 3 months of appointment and that they cannot take part in any Board proceedings until they have undertaken the required training. Failure to do so will result in the member of the Board having to leave office. It also provides a power for the Scottish Ministers to make regulations prescribing the training requirements.

307.Paragraph 12 establishes the procedure that Licensing Boards have to operate when conducting meetings of the Boards including the required quorums for meetings. A power is provided for the Scottish Ministers to make regulations that would set out further provisions relating to proceedings of Licensing Boards. Any other matters not so provided for would be determined by Licensing Boards themselves by way of rules.

308.Paragraph 14 makes transitional provision. It provides that existing members of Licensing Boards elected under the provisions of the Licensing (Scotland) Act 1976 would continue to hold office until the new elections are held. This would ensure continuity of membership until such time as this Act comes into force and new members are elected following the first local government elections held whilst this Act is in force.

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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