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The Licence Transfer (Prescribed Persons) (Scotland) Regulations 2007
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- Scottish Statutory Instruments
- 2007 No. 34
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Citation and commencement
1. These Regulations may be cited as the Licence Transfer (Prescribed Persons) (Scotland) Regulations 2007 and shall come into force on 1st February 2008.
Provision made by regulations 3 to 7
2.—(1) Regulations 3 to 7 make provision as to who may apply to a Licensing Board as referred to in subsection (1) of section 34 of the Licensing (Scotland) Act 2005 following the occurrence of an event specified in subsection (3) of that section.
(2) In regulations 3 to 7, any reference to a paragraph is a reference to the appropriate paragraph in section 34(3) of the Licensing (Scotland) Act 2005.
Death
3. In respect of the occurrence of an event specified in paragraph (a)(i), the person who may apply is any executor or personal representative of the licence holder.
Incapacity
4. In respect of the occurrence of an event specified in paragraph (a)(ii), the person who may apply is–
(a)any person who has been granted a power of attorney by the licence holder; or
(b)any person authorised to act on behalf of the licence holder by virtue of the Adults with Incapacity (Scotland) Act 2000(1).
Insolvency
5. In respect of the occurrence of an event specified in paragraph (b), the person who may apply is any person acting as insolvency practitioner (within the meaning of section 388 of the Insolvency Act 1986(2)) in relation to the licence holder.
Dissolution
6. In respect of the occurrence of an event specified in paragraph (c), the person who may apply is any person responsible for administering the dissolution of the licence holder.
Transfer of business
7. In respect of the occurrence of an event specified in paragraph (d), the person who may apply is any person to whom the business in question is transferred.
GEORGE LYON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
31st January 2007
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