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The Licensing (Scotland) Act 2005 (Commencement No. 4) Order 2007

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Scottish Statutory Instruments

2007 No. 472 (C. 39)

LICENSING (LIQUOR)

The Licensing (Scotland) Act 2005 (Commencement No. 4) Order 2007

Made

18th October 2007

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 146(2) and 150(2) of the Licensing (Scotland) Act 2005(1) and all other powers enabling them to do so.

Citation

1.  This Order may be cited as the Licensing (Scotland) Act 2005 (Commencement No. 4) Order 2007.

Commencement

2.  The provisions of the Licensing (Scotland) Act 2005 specified in Schedule 1 come into force on 1st February 2008.

3.  So far as not already in force, the Licensing (Scotland) Act 2005 comes into force at 5.00 a.m on 1st September 2009.

KENNY MacASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

18th October 2007

Article 2

SCHEDULE 1PROVISIONS OF THE LICENSING (SCOTLAND) ACT 2005 COMING INTO FORCE ON 1ST FEBRUARY 2008

  • Section 9

  • Section 18

  • Section 19(2)

  • Sections 20 to 51

  • Section 53

  • Sections 55 to 61

  • Sections 64 and 65

  • Sections 67 to 70

  • Sections 72 to 83

  • Sections 85 to 89

  • Section 92

  • Sections 94 to 96

  • Sections 125 and 126

  • Sections 130 to 133

  • Section 135

  • Section 137

  • Section 149, so far as relating to the repeals in schedule 7 specified in Schedule 2 to this Order

Schedule 1

SCHEDULE 2REPEALS IN SCHEDULE 7 TO THE LICENSING (SCOTLAND) ACT 2005 COMING INTO FORCE ON 1ST FEBRUARY 2008

EnactmentExtent of repeal
The Licensing (Scotland) Act 1976 (c. 66)

Section 4

In section 5, in subsection (2), the words “, including the provisional grant,” in paragraph (a), and paragraphs (b) to (e) and (m); and subsection (6)

Section 9(5)

In section 10(1), the words from “not later” to the end

Section 12

Section 13(1)

Section 25(4B)

In section 26, paragraph (b) of subsection (2) and the word “but” immediately before it; and subsections (3), (8) and (9)

In section 30, subsections (2) to (5)

In section 35(1), the words from “at a” to “by the board”

In section 39(7), the words from “and any” to the end

The Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)The whole Act
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

Section 46(3)

Section 51(1)

Paragraph 3 of Schedule 8

The Access to Justice Act 1999 (c. 22)Paragraph 94 of Schedule 13
The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)Paragraph 60 of Schedule 9
The Licensing Act 2003 (c. 17)Paragraph 74 of Schedule 6
The Courts Act 2003 (c. 39)The unnumbered paragraph (which amends the Licensed Premises (Exclusion of Certain Persons) Act 1980) immediately following paragraph 200 of Schedule 8

Explanatory Note

(This note is not part of the Order)

This Order brings certain specified provisions of the Licensing (Scotland) Act 2005 into force on 1st February 2008 (article 2 and Schedules 1 and 2). So far as not already in force, that Act is brought into force at 5.00 a.m. on 1st September 2009 (article 3).

Provisions of the Licensing (Scotland) Act 2005 have previously been brought into force by S.S.I. 2006/286 and

2007/129.

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