PART 8LICENSING UNDER CIVIC GOVERNMENT (SCOTLAND) ACT 1982

I1173Licensing: powers of entry and inspection for civilian employees

1

The 1982 Act is amended as follows.

2

In section 5 (rights of entry and inspection)—

a

in subsection (1), after “licensing authority” insert “ , an authorised civilian employee ”,

b

in subsection (3)(a) and (b)—

i

after “constable” where it first occurs insert “ , an authorised civilian employee ”, and

ii

after “such an” insert “ employee or ”,

c

in subsection (3)(c), after “constable” insert “ , an authorised civilian employee ”,

d

in subsection (4)—

i

after “licensing authority” insert “ , an authorised civilian employee ”, and

ii

after “the officer” insert “ , employee ”, and

e

in subsection (6), after “licensing authority” insert “ or authorised civilian employee ”.

3

In section 8 (interpretation of Parts 1 and 2), after the definition of “appropriate relevant authority” insert—

“authorised civilian employee” means a person—

a

employed by a police authority under section 9(1)(a) of the Police (Scotland) Act 1967 (c.77), and

b

authorised by the chief constable for the purposes of sections 5 and 11 of this Act;

4

In section 11 (inspection and testing of vehicles), in subsection (2)—

a

after “the authority)” insert “ , an authorised civilian employee ”,

b

in paragraph (b), after “licensing authority” insert “ , an authorised civilian employee ”, and

c

after “authorised officer” where it last occurs, insert “ , employee ”.

5

In paragraph 3 (miscellaneous definitions) of Schedule 2 (control of sex shops), after the definition of “appropriate relevant authority” insert—

“authorised civilian employee” means a person—

a

employed by a police authority under section 9(1)(a) of the Police (Scotland) Act 1967 (c.77), and

b

authorised by the chief constable for the purposes of paragraph 20 of this Schedule;

6

In paragraph 20 of that Schedule (rights of entry and inspection)—

a

in sub-paragraph (1), after “local authority” insert “ , an authorised civilian employee ”,

b

in sub-paragraph (3), after “local authority” insert “ or an authorised civilian employee ”, and

c

in sub-paragraph (5)—

i

after “constable” where it first occurs insert “ , an authorised civilian employee ”, and

ii

after “such” insert “ employee or ”.