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The Licensing (Transitional and Saving Provisions) (Scotland) Order 2007

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3.—(1) Each Board is to make arrangements so that, during the transitional period, the functions specified in paragraph (3) are (subject to paragraph (2)) discharged by that Board’s clerk or a member of staff appointed to assist the clerk.

(2) Where during the transitional period it appears to the clerk of a Board that, as regards a particular case, it is appropriate that a function specified in paragraph (3) be discharged by the Board or by a member or particular members of the Board, that officer is to remit the case appropriately.

(3) The functions referred to in paragraph (1) are–

(a)making a decision under section 25 of the 1976 Act(1);

(b)making a decision under section 26 of that Act;

(c)granting or refusing an occasional licence or permission under section 33 or 34 of that Act(2);

(d)giving or refusing a consent under section 35 of that Act(3);

(e)deciding that the Board is or is not satisfied as described in paragraph (i) of section 59(1) of that Act(4);

(f)dealing with an application for an occasional extension of permitted hours under section 64 of that Act(5);

(g)dealing with an application under section 29 of the 2005 Act for a minor variation such as is described in subsection (6)(c) of that section; and

(h)determining an application under section 33 or 34 of that Act (other than such an application as is described in paragraph 10(2)(e) of schedule 1 to that Act).

(1)

Section 25 was amended by the 1990 Act, section 51 and the Licensing (Amendment) (Scotland) Act 1992 (c. 18), section 1(1)(c).

(2)

Section 34 was amended by the 1990 Act, Schedule 8, paragraph 10.

(3)

Section 35 was amended by the Fire (Scotland) Act 2005 (asp 5), schedule 3, paragraph 8.

(4)

Section 59(1) was amended by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Schedule 4.

(5)

Section 64 was amended by the 1990 Act, sections 21(2), 46(7) and 51(5) and (6) and Schedule 8, paragraph 12.

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