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The Licensing (Northern Ireland) Order 1990

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Article 90(3).

SCHEDULE 12TRANSITIONAL PROVISIONS AND SAVINGS

1.—(1) Where, immediately before 3rd May 1971, the authority conferred by a licence was limited to the sale of intoxicating liquor of a particular kind or kinds, and that licence was, by virtue of paragraph 2(1) of Schedule 11 to the Licensing Act (Northern Ireland) 1971(1) on and after that date, authority for the sale of intoxicating liquor of any kind, then, notwithstanding the repeal of that paragraph 2(1) by Article 90(4) and Schedule 13, that licence shall continue to be authority for the sale of intoxicating liquor of any kind.

(2) Where, immediately before 3rd May 1971, more than one licence limited as mentioned in sub-paragraph (1) was in force for any premises, and those licences were, by virtue of paragraph 2(2) of Schedule 11 to that Act of 1971 on and after that date, deemed to be a single licence, then, notwithstanding the repeal of that paragraph 2(2) by Article 90(4) and Schedule 13, those licences shall continue to be deemed to be a single licence.

(3) Where a court of summary jurisdiction has granted a licence by virtue of paragraph 3(2) of Schedule 11 to that Act of 1971 and that licence has been signed by the presiding resident magistrate under paragraph 3(3) of that Schedule, Article 43(1) shall have effect accordingly.

2.  Where, in respect of the licensing year in which this Order comes into operation, a licence has been renewed under Article 3(2) of the Licensing (Northern Ireland) Order 1978(2), Articles 6(3)(a) and 50, and Article 62 in so far as it relates to Article 6(3)(a) of this Order shall not apply to the conduct of the licensed business in the licensed premises during that licensing year.

3.  The provisions in this Schedule shall have effect without prejudice to section 29 of the Interpretation Act (Northern Ireland) 1954(3).

4.  Until Article 381(2) of, and paragraph 83 of Schedule 9 to, the Insolvency (Northern Ireland) Order 1989(4) comes into operation—

(a)Article 90(4) of, and Schedule 13 to, this Order in so far as they relate to paragraph 83 of Schedule 9 to that Order of 1989, shall not come into operation by virtue of Article 1(2); and

(b)Article 30(1) shall have effect as if—ifor the words from “a compensation” to “creditors” there were substituted “his business becomes vested in the official assignee (whether before or after his death) without his being so adjudgedor becomes vested in a trustee under a deed of arrangement with his creditors”;

(ii)for the words from “person” to “or scheme” there were substituted “assignees or trustee in bankruptcy, official assignee”.

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