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The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 4, Transitional and Saving Provisions) Order 2016

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Scottish Statutory Instruments

2016 No. 132 (C. 14)

Licensing (liquor)

The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 4, Transitional and Saving Provisions) Order 2016

Made

25th February 2016

Laid before the Scottish Parliament

29th February 2016

Coming into force

30th September 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 88(2) and (3) of the Air Weapons and Licensing (Scotland) Act 2015(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 4, Transitional and Saving Provisions) Order 2016 and comes into force on 30th September 2016.

(2) In this Order—

“the 2015 Act” means the Air Weapons and Licensing (Scotland) Act 2015;

Licensing Board” means a Board continued in existence by or established under section 5 of the 2005 Act.

Appointed day

2.  30th September 2016 is the day appointed for the coming into force of the following provisions of the 2015 Act—

(a)section 42 (statements of licensing policy licensing policy periods);

(b)section 55 (overprovision).

Transitional provisions

3.  Despite the commencement of section 42 of the 2015 Act—

(a)a licensing policy statement published under section 6(1) of the 2005 Act before 30th September 2016 continues to have effect on or after that date as it had before that date until a new licensing policy statement is published under section 6(1) of the 2005 Act; and

(b)a Licensing Board may continue to publish a supplementary licensing policy statement, within the meaning of section 6(2) of the 2005 Act, to any existing licensing policy statement mentioned in paragraph (a).

Saving provision

4.  Where a decision of a Licensing Board under either section 23 or 30 of the 2005 Act is made prior to 30th September 2016, the amendments made by section 55 of the 2015 Act have no effect in relation to an appeal against that decision under section 131 of the 2005 Act.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

25th February 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force sections 42 and 55 of the Air Weapons and Licensing (Scotland) Act 2015 (“the 2015 Act”). The provisions are brought into force on 30th September 2016 (article 2).

Article 3 contains transitional provisions. Article 4 contains a saving provision.

Article 3 of the Order makes transitional provisions that have the effect that despite the commencement of section 42 of the 2015 Act, (a) any licensing policy statement already in existence prior to 30th September 2016 shall continue to have effect until a new licensing policy statement is published as per section 6(1) of the 2005 Act, and (b) a Licensing Board may continue to publish a supplementary licensing policy statement to their existing policy statement until a new licensing policy statement is published as aforementioned.

Article 4 of the Order makes a saving provision that has the effect that despite the commencement of section 55 of the 2015 Act the amendments therein shall not apply to the consideration of certain appeals of a determination of refusal of an application made under either sections 23 or 30, where the determination was made prior to 30th September 2016.

The Bill for the 2015 Act received Royal Assent on 4th August 2015. Sections 60(1) and (2), 84, 85, 86, 88 and 89 of the 2015 Act came into force on the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the 2015 Act have been, or are due to be, brought into force by commencement orders made before the date of this Order.

ProvisionDate of CommencementS.S.I. No.
Section 11st December 20152015/382
Section 2 (partially)1st December 20152015/382
Section 2 in so far as not already in force31st December 20162016/130
Sections 3 – 51st July 20162016/130
Section 6 (1) to (3)1st July 20162016/130
Section 6 in so far as not already in force31st December 20162016/130
Sections 7, 8(1), 9(1) and (2),10 and 11(1) to (4) and (7)1st July 20162016/130
Sections 8,9 and 11 in so far not already in force31st December 20162016/130
Sections 12,13,14,15(1) to (3), 16(1) to (5) and (8) and 17(1),(2) ,(6) and (7)1st July 20162016/130
Sections 15,16 and 17 in so far as not already in force31st December 20162016/130
Sections 18- 221st July 20162016/130
Sections 23- 2731st December 20162016/130
Section 281st July 20162016/130
Sections 29 and 3031st December 20162016/130
Sections 31(1) and (3)1st July 20162016/130
Section 31 in so far as not already in force31st December 20162016/130
Sections 32, 33 and 34 (other than subsection(2)(n))1st July 20162016/130
Section 34 in so far as not already in force31st December 20162016/130
Section 35(1), (2), and (4)1st December 20152015/382
Section 35(3)1st July 20162016/130
Section 361st December 20152015/382
Section 371st July 20162016/130
Section 3831st December 20162016/130
Section 39(1)1st July 20162016/130
Section 39(2) and (3)1st December 20152015/382
Section 401st December 20152015/382
Section 56 (partially)1st December 20152015/382
Section 65(1), (2), (4) and (5)1st December 20152015/382
Sections 66-691st September 20162016/85
Section 70(1) and (3) (partially)1st December 20152015/382
Section 70 in so far as not already in force1st September 20162016/85
Section 72(partially)16th March 20162016/85
Section 72 in so far as not already in force1st September 20162016/85
Section 731st December 20152015/382
Section 76(1) and (3) (partially)1st December 20152015/382
Section 791st December 20152015/382
Section 80(1) and (2) (partially)1st December 20152015/382
Section 87 (partially)31st December 20162016/130
Schedule 131st December 20162016/130
Schedule 2 part 131st December 20162016/130

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