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The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 9, Transitional and Savings Provisions) Order 2011

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Scottish Statutory Instruments

2011 No. 354 (C. 33)

Criminal Law

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 9, Transitional and Savings Provisions) Order 2011

Made

6th October 2011

Laid before the Scottish Parliament

10th October 2011

Coming into force

1st November 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 201(1) and (2) and 206(1) of the Criminal Justice and Licensing (Scotland) Act 2010(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 9, Transitional and Savings Provisions) Order 2011 and comes into force on 1st November 2011.

(2) In this Order—

the Act” means the Criminal Justice and Licensing (Scotland) Act 2010;

“the 1982 Act” means the Civic Government (Scotland) Act 1982(2);

“the 2005 Act” means the Licensing (Scotland) Act 2005(3);

“occasional licence application” has the meaning given in section 56(4) of the 2005 Act; and

“premises licence” has the meaning given in section 17 of the 2005 Act.

Commencement of provisions

2.—(1) The provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2 of the Schedule) come into force on the corresponding date specified in column 3 of the Schedule.

(2) Where a purpose is specified in column 4 of the Schedule, the corresponding provision specified in column 1 of the Schedule comes into force only for that purpose.

Savings provision and transitional provision - section 174 (licensing of taxis and private hire cars)

3.—(1) The commencement of section 174 of the Act has no effect as regards—

(a)an application for a licence under section 13 of the 1982 Act made before 1st November 2011; or

(b)a review under section 17(2) of the 1982 Act commenced before that date.

(2) The duty specified in section 17(2) of the 1982 Act (as substituted by section 174(3)(a) of the Act) does not apply in relation to scales which are in effect on 1st November 2011 and are the subject of a review commenced before that date.

Transitional provision - section 184 (premises licences: connected persons and interested parties)

4.—(1) For the purposes of section 40A of the 2005 Act (as inserted by section 184(2) of the Act) a premises licence holder who is an interested party in relation to licensed premises on 1st November 2011 is to be treated as having become an interested party on that date.

(2) Notwithstanding the commencement of section 184 of the Act, where a premises licence holder becomes or ceases to be an interested party in relation to the licensed premises on or after 1st November 2011 but before 1st April 2012 then notice of that fact must be given by the premises licence holder to the Licensing Board no later than 1st May 2012.

Savings provision – schedule 6 (further modifications of the 2005 Act)

5.  The commencement of paragraphs 2 and 17 of schedule 6 to the Act is of no effect in relation to—

(a)an occasional licence application received by a Licensing Board before 1st November 2011;

(b)an application for a premises licence made to a Licensing Board before 13th December 2011;

(c)an application for the transfer of a premises licence made to a Licensing Board before 13th December 2011; and

(d)an application for a personal licence under section 72 of the 2005 Act made before 13th December 2011.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

6th October 2011

Article 2

SCHEDULE

Column 1

(provisions of the Act)

Column 2

(subject matter)

Column 3

(date of

commencement)

Column 4

(purpose)

Section 100Sexual offences protection orders1st November 2011
Section 103Risk of sexual harm orders1st November 2011
Section 109(1) and (2)Spent alternatives to prosecution: Rehabilitation of Offenders Act 19741st November 2011
Section 109(3)Spent alternatives to prosecution: Rehabilitation of Offenders Act 19741st November 2011For all purposes in respect of offences committed on or after the date specified in column 3.
Section 109(4)Spent alternatives to prosecution: Rehabilitation of Offenders Act 19741st November 2011
Section 110(1)Medical services in prisons1st November 2011
Section 110(2)Medical services in prisons1st November 2011For all purposes in respect of offences committed under section 41D of the Prisons (Scotland) Act 1989(4) on or after the date specified in column 3.
Section 110(3), (4) and (5)Medical services in prisons1st November 2011
Section 174Licensing of taxis and private hire cars1st November 2011
Section 184Premises licences: connected persons and interested parties1st November 2011For all purposes insofar as not already in force.
Section 195Liability for offences1st November 2011For all purposes insofar as not already in force in respect of offences committed on or after the date specified in column 3.
Paragraph 2 of schedule 6Further modifications of the 2005 Act1st November 2011
Paragraphs 9 and 10 of schedule 6Further modifications of the 2005 Act1st November 2011For the purposes of occasional licence applications received by a Licensing Board on or after the date specified in column 3.
Paragraph 17 of schedule 6Further modifications of the 2005 Act1st November 2011
Paragraphs 7, 9 and 10 of schedule 7Modifications of enactments1st November 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain provisions of the Criminal Justice and Licensing (Scotland) Act 2010. Article 2 provides that the provisions specified in column 1 of the Schedule come into force on the date specified in column 3. Those provisions come into force for all purposes unless otherwise specified in column 4 of the Schedule.

Articles 3 and 4 make transitional and savings provision.

The Bill for the Act received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the Act came into force on Royal Assent.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order.

ProvisionDate of CommencementS.S.I. No.
Section 14(1) (in part)1st February 20112010/413
Section 14(1) (in so far as not already in force)1st April 20112010/413
Section 14(2)1st February 20112010/413
Section 1528th March 20112011/178
Section 1613th December 20102010/413
Section 171st February 20112010/413
Section 1928th March 20112011/178
Sections 20 and 211st February 20112010/413
Section 2228th March 20112011/178
Section 2313th December 20102010/413
Section 2428th March 20112011/178
Sections 25 and 2613th December 20102010/413
Section 2728th March 20112011/178
Sections 28 to 3113th December 20102010/413
Sections 32 and 3328th March 20112011/178
Section 3413th December 20102010/413
Section 3528th March 20112011/178
Section 3628th March 20112011/178
Section 3713th December 20102010/413
Section 386th October 20102010/339
Sections 39 to 4113th December 20102010/413
Section 4228th March 20112011/178
Sections 43 and 441st December 20102010/357
Section 4513th December 20102010/413
Section 46 to 5328th March 20112011/178
Section 546th June 20112011/178
Section 5528th March 20112011/178
Section 5613th December 20102010/413
Sections 57 and 5828th March 20112011/178
Sections 59 and 6013th December 20102010/413
Sections 61 and 6228th March 20112011/178
Sections 65 to 7028th March 20112011/178
Section 7113th December 20102010/413
Sections 72 to 7628th March 20112011/178
Section 77(1) (in part)28th March 20112011/178
Section 77(1) (insofar as not already in force)1st August 20112011/178
Section 77(2)(a)28th March 20112011/178
Section 77(2)(b) and (c)1st August 20112011/178
Section 77(3)28th March 20112011/178
Sections 78 and 7928th March 20112011/178
Section 80 (in part)13th December 20102010/413
Section 80 (insofar as not already in force)15th April 20112011/178
Section 8128th March 20112011/178
Section 821st August 20112011/178
Section 835th November 20102010/385
Section 8428th March 20112011/178
Section 856th June 20112011/178
Sections 86 to 9128th March 20112011/178
Section 9313th December 20102010/413
Sections 94 to 9610th January 20112010/413
Section 976th October 20102010/339
Section 9913th December 20102010/413
Section 10113th December 20102010/413
Section 10228th March 20112011/178
Sections 104 and 10513th December 20102010/413
Sections 106 and 10728th March 20112011/178
Section 108(1)(in part) and (4)12th October 20102010/344
Section 108(1) to (3) and (4) (insofar as not already in force)28th February 20112011/157
Sections 111 to 11413th December 20102010/413
Section 11528th March 20112011/178
Sections 116 to 1676th June 20112011/178
Section 172(1) to (3), (4)(a), (5) and (6)28th March 20112011/178
Section 17313th December 20102010/413
Section 17528th March 20112011/178
Section 1761st April 20122011/178
Section 1771st October 20122011/178
Section 178(3)(e)16th August 20102010/297
Section 178 (in so far as not already in force)28th February 20112010/413
Sections 180 and 18113th December 20102010/413
Section 18228th February 20112010/413
Section 18313th December 20102010/413
Section 184(1) and (2) and (3) (both partially)13th December 20102010/413
Section 18513th December 20102010/413
Section 18628th March 20112011/178
Section 18713th December 20102010/413
Section 188(1)13th December 20102010/413
Section 188(2)28th March 20112011/178
Section 188(3)13th December 20102010/413
Sections 189 and 1901st October 20112011/178
Section 19128th December 20112011/178
Section 192 to 19413th December 20102010/413
Section 195(1),(2) and (3) (partially)13th December 20102010/413
Section 19613th December 20102010/413
Sections 198 and 19913th December 20102010/413
Section 20328th March 20112011/178
Schedule 2 (with the exception of paragraph 38)1st February 20102010/413
Schedule 2 (insofar as not already in force)The day that section 25(2) of the Welfare Reform Act 2009 (c.24) (jobseekers allowance: sanctions for violent conduct etc. in connection with claim) comes into force2010/413
Schedule 4 (with the exception of paragraph 12)13th December 20102010/413
Schedule 528th March 20112011/178
Schedule 6 (with the exception of paragraphs 2, 9, 10 and 17)13th December 20102010/413
Schedule 7, paragraphs—
1 to 328th March 20112011/178
413th December 20102010/413
513th December 20102010/413
628th March 20112011/178
11 and 1228th March 20112011/178
1313th December 20102010/413
14 and 1528th March 20112011/178
17 to 2528th March 20112011/178
27 to 3128th March 20112011/178
331st August 20112011/178
34 to 3628th March 20112011/178
44 and 4528th March 20112011/178
4728th March 20112011/178
4810th January 20112010/413
4913th December 20102010/413
5028th March 20112011/178
52 to 5628th March 20112011/178
59 to 6128th March 20112011/178
63 to 6528th March 20112011/178
67 to 6928th March 20112011/178
7228th March 20112011/178
7428th March 20112011/178
77 to 8328th March 20112011/178
8613th December 20102010/413

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