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Licensing (Scotland) Act 2005
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- 2005 asp 16
- SCHEDULE 2
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This version of this schedule contains provisions that are prospective.
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- Sch. 2 para. 2(3) excluded by S.S.I. 2007/128 art. 5(1)
- Sch. 2 para. 5(1) excluded by S.S.I. 2007/128 art. 5(2)
- sch. 2 para. 2(3A) inserted by 2010 asp 18 s. 11(7)
- sch. 2 para. 2(6)(ba) substituted for sch. 2 para. 2(6)(b) by 2012 asp 8 sch. 7 para. 29(10)
- sch. 2 para. 2(1) word substituted by S.S.I. 2011/130 art. 2
- specified purposes Appointed Day(s) by S.S.I. 2007/128 art. 2 (Day appointed for purposes of s. 6(7)(a))
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this 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.
- 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 and cross-heading inserted by 2010 asp 18 s. 12
- s. 12A title substituted by 2012 asp 8 sch. 7 para. 29(5)
- s. 12A(1) word substituted by 2012 asp 8 sch. 7 para. 29(4)(a)
- s. 12A(1) words repealed by 2012 asp 8 sch. 7 para. 29(4)(b)
- s. 24A inserted by 2010 asp 13 s. 183(3)
- s. 24A(1)(2) words substituted by 2012 asp 8 sch. 7 para. 29(2)(3)
- s. 27A inserted by 2010 asp 18 s. 10(1)
- s. 27A(9)(b)(i) words substituted by 2012 asp 8 sch. 7 para. 29(2)(3)
- s. 39A inserted by 2010 asp 13 s. 182(2)
- s. 40A inserted by 2010 asp 13 s. 184(2)
- s. 40A(3) words substituted by 2012 asp 8 sch. 7 para. 29(2)(3)
- s. 70A inserted by 2010 asp 13 s. 191
- s. 84A inserted by 2010 asp 13 Sch. 6 para. 16
- s. 84A(1) words substituted by 2012 asp 8 sch. 7 para. 29(6)(a)
- s. 84A(2) words substituted by 2012 asp 8 sch. 7 para. 29(6)(b)
- s. 134A inserted by 2010 asp 13 s. 196
- s. 141A 141B inserted by 2010 asp 13 s. 195(3)
Commencement Orders yet to be applied to the Licensing (Scotland) Act 2005:
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 Sch. commences (2010 asp 18)
- 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
SCHEDULE 2SLocal Licensing Forums
(introduced by section 10(4))
This schedule has no associated Explanatory Notes
IntroductoryS
1In this schedule, “Forum” means a Local Licensing Forum established under section 10.S
MembershipS
2(1)A Forum is to consist of such number (being not fewer than 5 and not more than 20) of members as the relevant council may determine.S
(2)The Scottish Ministers may by order substitute another number for the minimum or maximum number of members for the time being specified in sub-paragraph (1).
(3)At least one of the members must be a Licensing Standards Officer for the council's area.
(4)The other members are to be individuals appointed by the relevant council on such terms and conditions as the relevant council may determine.
(5)In appointing members of a Forum, the relevant council must seek to ensure so far as possible that the membership of the Forum is representative of the interests of persons or descriptions of persons who have an interest which is relevant to the Forum's general functions.
(6)Those persons include—
(a)holders of premises licences and personal licences,
(b)the chief constable for the police area in which the Forum's area is situated,
(c)persons having functions relating to health, education or social work,
(d)young people,
(e)persons resident within the Forum's area.
ConvenerS
3(1)At their first meeting in each calendar year, a Forum must elect one of the members of the Forum to be the convener of the Forum.S
(2)The convener holds office, on such terms and conditions as the relevant council may determine, until the next election under sub-paragraph (1).
(3)Meetings of the Forum are to be chaired by the convener.
(4)If the office of convener is vacant or the convener is for any reason unable to act, a meeting of the Forum may be chaired by any other member present.
Administrative supportS
4A council must provide each Forum established by them, or ensure each such Forum is provided, with such staff, property and services as the council considers are required for the Forum's purposes.S
Meetings and proceedingsS
5(1)Each Forum must, in each calendar year, hold at least 4 meetings.S
(2)The quorum for a meeting of a Forum is one half of the number of members (but in any case not fewer than 3).
(3)Meetings of a Forum must be held in public.
(4)Otherwise, the arrangements for meetings of a Forum and other matters relating to proceedings of the Forum, are to be such as the Forum may determine.
(5)The proceedings of a Forum are not affected by—
(a)any vacancy in the membership of the Forum, or
(b)any defect in the appointment of a member of the Forum.
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