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The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 14 and Saving Provision) Order 2017

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Scottish Statutory Instruments

2017 No. 445 (C. 33)

Criminal Law

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 14 and Saving Provision) Order 2017

Made

13th December 2017

Laid before the Scottish Parliament

15th December 2017

Coming into force

30th March 2018

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. 14 and Saving Provision) Order 2017 and comes into force on 30th March 2018.

(2) In this Order—

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

Commencement of section 179 (Premises licence applications: statements about disabled access etc) of the 2010 Act

2.  Section 179 of the 2010 Act comes into force on 30th March 2018.

Saving provision

3.  Notwithstanding the commencement of section 179 of the 2010 Act, an application for a premises licence received by a Licensing Board on or before 30th March 2018 and which has not been determined at that date shall proceed as if that section has not been commenced.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

13th December 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 179 of Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”). It also makes a related saving provision.

Article 2 brings section 179 of the 2010 Act into force on 30th March 2018. Section 179 of the 2010 Act amends section 20 of the Licensing (Scotland) Act 2005 (“the 2005 Act”), relating to applications for premises licences. The amendments make provision in relation to the requirement that an application for a premises licence must also be accompanied by a disabled access and facilities statement (as well as an operating plan , a layout plan and any required certificates). The said statement is to be in a prescribed form and contain information about provisions for access to the subject premises by disabled persons, facilities provided therein for the use by disabled persons and any other provision made on or in connection with the subject premises for disabled persons.

Article 3 makes a saving provision in relation to applications for premises licences received by Licensing Boards on or before 30th March 2018 and which have not yet been determined. It provides that such applications do not require to be accompanied by a disabled access and facilities statement.

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

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Section 1(1)7th May 20152015/177
Section 1(2) (partially)7th May 20152015/177
Section 1 (in so far as not already in force )19th October 20152015/336
Sections 2 to 1319th October 20152015/336
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
Sections 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
Section 631st December 20102010/357
Section 6413th December 20102010/413
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) (in so far 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 (in so far 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 1001st November 20112011/354
Section 10113th December 20102010/413
Section 102(1) (in part), (2) (in part) and (3) to (6)28th March 20112011/178
Section 102(1) and (2) ( in so far as not already in force)8th July 20132013/214
Section 1031st November 20112011/354
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 (in so far as not already in force)28th February 20112011/157
Section 1091st November 20112011/354
Section 1101st November 20112011/354
Sections 111 to 11413th December 20102010/413
Section 11528th March 20112011/178
Sections 116 to 1676th June 20112011/178
Sections 168 to 17125th June 20122012/160
Section 172(1) to (3), (4)(a), (5) and (6)28th March 20112011/178
Section 17313th December 20102010/413
Section 1741st November 20112011/354
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), (2) (in part) and (3) (in part)13th December 20102010/413
Section 184 (in so far as not already in force)1st November 20112011/354
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 March 20112011/178
Sections 192 to 19413th December 20102010/413
Section 195(1), (2) and (3) (in part)13th December 20102010/413
Section 195 (in so far as not already in force)1st November 20112011/354
Section 19613th December 20102010/413
Sections 198 and 19913th December 20102010/413
Section 20328th March 20112011/178
Schedule 1 (partially) paragraph 27th May 20152015/177
Schedule 1 (in so far as not already in force )19th October 20152015/336
Schedule 2 (with the exception of paragraph 38)1st February 20112010/413
Schedule 2, paragraph 38The 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 6, paragraphs 2, 9, 10 and 171st November 20112011/354
Schedule 7, paragraphs—
1 to 328th March 20112011/178
4 and 513th December 20102010/413
628th March 20112011/178
71st November 20112011/354
825th June 20122012/160
9 and 101st November 20112011/354
11 and 1228th March 20112011/178
1313th December 20102010/413
14 and 1528th March 20112011/178
1625th June 20122012/160
17 to 2528th March 20112011/178
27 to 3128th March 20112011/178
3225th June 20122012/160
331st August 20112011/178
34 to 3628th March 20112011/178
37 to 4325th June 20122012/160
44 and 4528th March 20112011/178
4625th June 20122012/160
4728th March 20112011/178
4810th January 20112010/413
4913th December 20102010/413
5028th March 20112011/178
5125th June 20122012/160
52 to 5628th March 20112011/178
57 and 5825th June 20122012/160
59 to 6128th March 20112011/178
6225th June 20122012/160
63 to 6528th March 20112011/178
6625th June 20122012/160
67 to 6928th March 20112011/178
7125th June 20122012/160
7228th March 20112011/178
7325th June 20122012/160
7428th March 20112011/178
75 and 7625th June 20122012/160
77 to 8328th March 20112011/178
84 and 8525th June 20122012/160
8613th December 20102010/413
8725th June 20122012/160

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