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The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 6 and Saving Provisions) Order 2017

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Citation, commencement and interpretation

1.—(1) This Order may be cited as the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 6 and Saving Provisions) Order 2017 and comes into force on 15th May 2017.

(2) In this Order—

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

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

Appointed day

2.—(1) 15th May 2017 is the day appointed for the coming into force of the provisions of the 2015 Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table).

(2) Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 15th May 2017 for that purpose only.

Saving provisions: section 43, 44, 45, 46, 47 and 48 of the 2015 Act

3.—(1) Despite the commencement of sections 43, 44, 45, 46, 47 and 48 of the 2015 Act, the amendments made by those sections have no effect in relation to—

(a)an application for a premises licence received by a Licensing Board before 15th May 2017;

(b)an application for the transfer of a premises licence received by a Licensing Board before 15th May 2017;

(c)a premises licence review application received by a Licensing Board before 15th May 2017;

(d)a premises licence review proposal initiated by a Licensing Board before 15th May 2017;

(e)an application for a personal licence received by a Licensing Board before 15th May 2017;

(f)an application for a renewal of a personal licence received by a Licensing Board before 15th May 2017; and

(g)a hearing under sections 83 or 84 of the 2005 Act where the date of the hearing has been scheduled before 15th May 2017.

(2) In this article—

“premises licence review application” has the same meaning given in section 36 of the 2005 Act;

“premises licence review proposal” has the same meaning given in section 37 of the 2005 Act.

4.—(1) Where a Licensing Board makes a relevant decision prior to 15th May 2017, the amendments made by section 43, 44, 45, 46, 47 and 48 of the 2015 Act have no effect in relation to an appeal against that decision under section 131 of, and schedule 5 to, the 2005 Act.

(2) In this article a “relevant decision” is a decision to—

(a)refuse a premises licence application;

(b)refuse an application for the transfer of a premises licence;

(c)revoke a premises licence upon review;

(d)refuse a personal licence application; and

(e)revoke a personal licence under sections 83 or 84 of the 2005 Act.

Saving provision: section 50 and 51 of the 2015 Act

5.  Despite the commencement of section 50 and 51 of the 2015 Act, the amendments made by those sections to the 2005 Act have no effect in relation to a notice received by the Licensing Board from the chief constable, under section 44 or section 83 of the 2005 Act, prior to 15th May 2017.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

18th April 2017

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