Coronavirus (Scotland) Act 2020

Modifications of the Licensing (Procedure) (Scotland) Regulations 2007

8 (1) The Licensing (Procedure) (Scotland) Regulations 2007 (S.S.I. 2007/453) apply in accordance with the modifications in this paragraph.

(2) The Regulations have effect as if after regulation 12 (timetable for hearings under sections 23(2) and 30(3)) there were inserted—

“12A. Timetable for hearings under sections 23(2) and 30(3): further provision

(1) If, for a reason relating to coronavirus, a Board is unable to hold a hearing under section 23(2) or 30(3) within the period required by regulation 12, the Board must hold the hearing as soon as reasonably practicable after the end of that period.

(2) If a Board determines under section 133(3A) that a hearing cannot be held in person, the Board is to be treated as having held a hearing if the Board complies with section 133(3C).”.

(3) The Regulations have effect as if after regulation 13 (timetable for other hearings) there were inserted—

“13A. Timetable for other hearings: further provision

(1) If, for a reason relating to coronavirus, a Board is unable to hold a hearing under section 33(9), 38(1), 59(4), 70(2) or 83(7) within the period required by regulation 13, the Board must hold the hearing as soon as reasonably practicable after the end of that period.

(2) If a Board determines under section 133(3A) that a hearing cannot be held in person, the Board is to be treated as having held a hearing if the Board complies with section 133(3C).”.

(4) Regulation 15 (statement of reasons) has effect as if after paragraph (3) there were inserted—

“(4) Where a clerk of the Board cannot issue a statement of reasons within the period required by paragraph (3) because of a reason relating to coronavirus, the clerk of the Board must—

(a) notify the person who required the statement to be given that there will be a delay, and

(b) issue the statement as soon as reasonably practicable after the end of that period.”.

(5) Regulation 20 (issuing and updating licences) has effect as if after paragraph (4) there were inserted—

“(5) If, for a reason relating to coronavirus, a Board is unable to comply with paragraph (2), (3) or (4) within the period required, the Board must comply with the paragraph as soon as reasonably practicable afterwards.”.