Licensing (Scotland) Act 2005

142Guidance

This section has no associated Explanatory Notes

(1)The Scottish Ministers may issue guidance to Licensing Boards as to the exercise of their functions under this Act.

(2)The Scottish Ministers may modify any guidance issued by them under subsection (1).

(3)Each Licensing Board must, in the exercise of their functions under this Act, have regard to any guidance issued to them under subsection (1).

(4)Where a Licensing Board decides not to follow any guidance issued under subsection (1), the Board must give the Scottish Ministers notice of the decision together with a statement of the reasons for it.

(5)The first guidance to Licensing Boards under subsection (1) is not to be issued by the Scottish Ministers unless a draft of the guidance has been laid before, and approved by resolution of, the Scottish Parliament.

(6)The Scottish Ministers must lay any subsequent guidance issued by them under subsection (1) before the Parliament.