Search Legislation

Air Weapons and Licensing (Scotland) Act 2015

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Air Weapons and Licensing (Scotland) Act 2015, Section 46. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

46Personal licence applications and renewals: ground for refusalS

This section has no associated Explanatory Notes

(1)The 2005 Act is amended as follows.

(2)In section 73 (notification of application to the chief constable), after subsection (4) insert—

(5)On giving a notice under subsection (3)(a) or (b), the chief constable may also provide to the Licensing Board any information in relation to the applicant that the chief constable considers may be relevant to consideration by the Board of the application..

(3)After section 73 of the 2005 Act insert—

73ANotification of application to Licensing Standards Officer

(1)Where a Licensing Board receive a personal licence application, the Board must give notice of it, together with a copy of the application, to a Licensing Standards Officer for the Board's area.

(2)A Licensing Standards Officer may, within 21 days of the date of receipt of a notice under subsection (1), respond to the notice by giving the Licensing Board any information in relation to the applicant that the Officer considers may be relevant to consideration by the Board of the application..

(4)In section 74 (determination of personal licence application)—

(a)in subsection (2), after paragraph (c) insert—

(ca)no information has been provided under section 73(5) or 73A(2),,

(b)after subsection (5A) insert—

(5AA)If—

(a)all of those conditions are met in relation to the applicant,

(b)the notice received from the chief constable under subsection (3)(a) or (b) of section 73 does not include a recommendation under subsection (4) of that section, and

(c)information has been provided under subsection (5) of that section or under section 73A(2),

the Board may hold a hearing for the purpose of considering and determining the application.,

(c)in subsection (5B), after “(5A)” insert “ or (5AA) ”,

(d)in subsection (6)—

(i)for “(5) or (5A)” substitute “ (5), (5A) or (5AA) ”,

(ii)after “notice” insert “ and any information provided under section 73(5) or 73A(2) ”,

(iii)in paragraph (a), for the words from “it” to “objectives” substitute “ a ground for refusal applies ”,

(e)after subsection (6) insert—

(6A)The grounds for refusal are—

(a)that, having regard to the licensing objectives, the applicant is not a fit and proper person to be the holder of a personal licence,

(b)that it is otherwise necessary to refuse the application for the purposes of any of the licensing objectives..

(5)In section 78 (renewal of personal licence), in subsection (5), for “73 and 74” substitute “ 73, 73A and 74 ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 46 in force at 15.5.2017 by S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources