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Licensing (Scotland) Act 2005
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- 2005 asp 16
- Part 9
- Relevant and foreign offences
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- Act applied (with modifications) by S.S.I. 2009/277 art. 7
- Act power to modify conferred by 2010 asp 18 s. 15(1)(c)(i)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12A inserted by 2010 asp 18 s. 12
- s. 24A inserted by 2010 asp 13 s. 183(3)
- s. 27A inserted by 2010 asp 18 s. 10(1)
- s. 39A inserted by 2010 asp 13 s. 182(2)
- s. 40A inserted by 2010 asp 13 s. 184(2)
- s. 70A inserted by 2010 asp 13 s. 191
- s. 84A inserted by 2010 asp 13 Sch. 6 para. 16
- s. 134A inserted by 2010 asp 13 s. 196
- s. 141A 141B inserted by 2010 asp 13 s. 195(3)
- specified purposes Appointed Day(s) by S.S.I. 2007/128 art. 2 (Day appointed for purposes of s. 6(7)(a))
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Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2008/292 art. 2 commences (2005 asp 16)
- S.S.I. 2006/239 art. 2 commences (2005 asp 16)
- S.S.I. 2006/286 art. 2 commences (2005 asp 16)
- S.S.I. 2007/129 art. 2 3 Sch. commences (2005 asp 16)
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/149 art. 2(1) commences (2010 asp 8)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
- S.S.I. 2011/354 art. 3 commences (2010 asp 13)
- S.S.I. 2011/366 art. 2 amendment to earlier commencing SSI 2011/354
Prospective
Relevant and foreign offencesS
129Relevant offences and foreign offencesS
(1)In this Act, “relevant offence” means—
(a)such offence, or
(b)an offence of such description,
as may be prescribed.
(2)In this Act, “foreign offence” means any offence—
(a)under the law of any place other than Scotland, and
(b)which is similar in nature to any relevant offence.
(3)Regulations under subsection (1) may provide, in relation to any offence or description of offence prescribed in them, that a person is to be treated, for the purposes of such provisions of this Act as may be specified in the regulations, as having been convicted of the offence only if the person—
(a)accumulates such number of separate convictions for the offence, or
(b)is convicted of committing the offence on such number of separate occasions,
as may be so specified.
(4)For the purposes of this Act, a conviction for a relevant offence or a foreign offence is to be disregarded if it is spent for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53).
130Effect of appeal against conviction for relevant or foreign offenceS
(1)The fact that any conviction of any person for a relevant offence or foreign offence is subject to appeal does not affect the taking of any action by a Licensing Board which the Board is entitled or required to take in connection with the conviction by virtue of any provision of this Act.
(2)The Licensing Board may, however, postpone the taking of the action for such period as the Board considers appropriate pending the appeal.
(3)Where the conviction is overturned on appeal—
(a)any action taken by the Licensing Board in reliance on the conviction is to be treated as having no effect, and
(b)accordingly, the Licensing Board must take such steps as are necessary to return any applicant or licence holder adversely affected by the action to the position the applicant or licence holder would have been in had the action not been taken.
(4)A conviction is subject to appeal for the purposes of subsection (1) if—
(a)the period during which an appeal may be taken against the conviction has not yet expired, or
(b)an appeal is taken against the conviction and the appeal has not yet been determined.
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