- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
5.—(1) The Gaming Act 1968 is amended as follows.
(2) In section 43 (rights of entry and related rights), in subsection (9)(1) for the words from “relevant authority” to “(asp 5))” substitute “appropriate fire and rescue authority”.
(3) In section 52, in subsection (1), after the definition of “the Act of 1963” insert–
“the appropriate fire and rescue authority”, in relation to premises, means–
where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the premises, the enforcing authority (as defined in section 61(9) of that Act of 2005);
in any other case, the relevant authority (as defined in section 6 of that Act of 2005) for the area where the premises are (or are to be) situated;”.
(4) In Schedule 2 (grant, renewal, cancellation and transfer of licences)–
(a)for the words “the appropriate authority” wherever they appear, substitute “the appropriate fire and rescue authority”;
(b)in paragraph 20–
(i)in sub-paragraph (1), after paragraph (a) insert–
“(aa)where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the relevant premises, that any requirements or prohibitions imposed by virtue of that Part have not been complied with in respect of the relevant premises;”;
(ii)after sub-paragraph (2) insert–
“(2A) For the purposes of sub-paragraph (1), a person shall be taken not to be a fit and proper person to be the holder of a licence under this Act if he has been convicted of an offence by virtue of any provision of Part 3 of the Fire (Scotland) Act 2005 (asp 5) in respect of the relevant premises.”; and
(c)in paragraph 65(2)(d), for the words “appropriate fire authority” substitute “appropriate fire and rescue authority”.
Subsection (9) was amended by the Gaming (Amendment) Act 1990 (c. 26), section 1 and the Schedule by S.S.I. 2005/383.
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.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: