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(1)A Licensing Board may relieve any applicant or other party to proceedings before the Board of any failure to comply with any procedural provision if—
(a)the failure is due to mistake, oversight or other excusable cause, and
(b)the Board considers it appropriate in all the circumstance to relieve the failure.
(2)Where a Board exercises the power under subsection (1), the Board may make such order as appears necessary or expedient to enable the proceedings to continue as if the failure had not occurred.
(3)In subsection (1), “procedural provision” means—
(a)any requirement of regulations under—
(ii)section 134(1), or
(iii)paragraph 12(4) of schedule 1,
(b)any requirement of rules under paragraph 12(5) of that schedule, and
(c)any other requirement imposed by virtue of this Act as respects the procedure to be followed in connection with applications made to, or other proceedings before, a Licensing Board.
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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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