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The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 15 and Saving Provision) and the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 8) Order 2018

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Scottish Statutory Instruments

2018 No. 102 (C. 10)

Criminal Law

Licensing (liquor)

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 15 and Saving Provision) and the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 8) Order 2018

Made

21st March 2018

Laid before the Scottish Parliament

23rd March 2018

Coming into force

29th June 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) and section 88 (2) of the Air Weapons and Licensing (Scotland) Act 2015(2).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 15 and Saving Provision) and the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 8) Order 2018 and comes into force on the 29th June 2018.

(2) In this Order—

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

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

Commencement of the 2010 Act provisions

2.  On 29th June 2018 the following provisions of the 2010 Act come into force:—

(a)Section 184 (Premises licences: connected persons and interested parties), in so far as not already in force;

(b)Section 197 (Powers of Licensing Standards Officers).

Commencement of the 2015 Act provisions

3.  29th June 2018 is the day appointed for section 59 (Interested parties) of the 2015 Act to come into force.

Saving Provision – Powers of Licensing Standards Officers

4.  Notwithstanding the commencement of section 197 of the 2010 Act, inspections and investigations commenced by Licensing Standards Officers prior to 29th June 2018 and which have not concluded as 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

21st March 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 29th June 2018 certain provisions of the Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”) and the Air Weapons and Licensing (Scotland) Act 2015 (“the 2015 Act”).

Article 2 of this Order commences section 184 of the 2010 Act in so far as it is not already in force. Section 184 amends certain sections of the Licensing (Scotland) Act 2005 (“the 2005 Act”) and also inserts section 40A into the 2005 Act. Section 40A requires premises licence holders to notify Licensing Boards of changes to connected persons and interested parties. Section 184 was partially commenced by S.S.I. 2010/413. This was generally in respect of connected person and not interested parties. Article 2 now commences section 184 in its entirety. Section 59 of the 2015 Act amends section 184 by removing references to interested parties. Article 3 commences section 59 of the 2015 Act on the same day as the remainder of section 184.

Section 197 of the 2010 Act, which amends the 2005 Act by increasing the powers of Licensing Standard Officers, is also commenced in Article 2.

Article 4 of this Order makes a saving provision in relation to inspections and investigations by Licensing Standards Officers commenced prior to 29th June 2018 and which have not yet concluded. It provides that any such inspection and investigation shall proceed as if section 197 had not been commenced.

The Bill for the 2010 Act received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 came into force on the day after Royal Assent. The Bill for the 2015 Act received Royal Assent on 4th August 2015. Sections 60(1) and (2), 84, 85, 86, 88 and 89 came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ORDERS UNDER THE CRIMINAL JUSTICE AND LICENSING (SCOTLAND) ACT 2010

The following provisions of the 2010 Act have been, or are due to be, brought into force by commencement orders made before the date of this Order.

ProvisionDate of CommencementInstrument No.
Section 1(1)7th May 2015S.S.I. 2015/177
Section 1(2) (partially)7th May 2015S.S.I. 2015/177
Section 1 (insofar as not already in force)19th October 2015S.S.I. 2015/336
Section 2 to 1319th October 2015S.S.I. 2015/336
Section 14(1) (partially)1st February 2011S.S.I. 2010/413
Section 14(1) (for all remaining purposes)1st April 2011S.S.I. 2010/413
Section 14(2)1st February 2011S.S.I. 2010/413
Section 1528th March 2011S.S.I. 2011/178
Section 1613th December 2010S.S.I. 2010/413
Section 171st February 2011S.S.I. 2010/413
Section 1928th March 2011S.S.I. 2011/178
Sections 20 and 211st February 2011S.S.I. 2010/413
Section 2228th March 2011S.S.I. 2011/178
Section 2313th December 2010S.S.I. 2010/413
Section 2428th March 2011S.S.I. 2011/178
Sections 25 and 2613th December 2010S.S.I. 2010/413
Section 2728th March 2011S.S.I. 2011/178
Sections 28 to 3113th December 2010S.S.I. 2010/413
Sections 32 and 3328th March 2011S.S.I. 2011/178
Section 3413th December 2010S.S.I. 2010/413
Section 3528th March 2011S.S.I. 2011/178
Section 3628th March 2011S.S.I. 2011/178
Section 3713th December 2010S.S.I. 2010/413
Section 386th October 2010S.S.I. 2010/339
Sections 39 to 4113th December 2010S.S.I. 2010/413
Section 4228th March 2011S.S.I. 2011/178
Sections 43 and 441st December 2010S.S.I. 2010/357
Section 4513th December 2010S.S.I. 2010/413
Sections 46 to 5328th March 2011S.S.I. 2011/178
Section 546th June 2011S.S.I. 2011/178
Section 5528th March 2011S.S.I. 2011/178
Section 5613th December 2010S.S.I. 2010/413
Sections 57 and 5828th March 2011S.S.I. 2011/178
Sections 59 and 6013th December 2010S.S.I. 2010/413
Sections 61 and 6228th March 2011S.S.I. 2011/178
Section 631st December 2010S.S.I. 2010/357
Section 6413th December 2010S.S.I. 2010/413
Sections 65 to 7028th March 2011S.S.I. 2011/178
Section 7113th December 2010S.S.I. 2010/413
Sections 72 to 7628th March 2011S.S.I. 2011/178
Section 77(1) (partially)28th March 2011S.S.I. 2011/178
Section 77(1) (for all remaining purposes)1st August 2011S.S.I. 2011/178
Section 77(2)(a)28th March 2011S.S.I. 2011/178
Section 77(2)(b) and (c)1st August 2011S.S.I. 2011/178
Section 77(3)28th March 2011S.S.I. 2011/178
Sections 78 and 7928th March 2011S.S.I. 2011/178
Section 80 (partially)13th December 2010S.S.I. 2010/413
Section 80 (for all remaining purposes)15th April 2011S.S.I. 2011/178
Section 8128th March 2011S.S.I. 2011/178
Section 821st August 2011S.S.I. 2011/178
Section 835th November 2010S.S.I. 2010/385
Section 8428th March 2011S.S.I. 2011/178
Section 856th June 2011S.S.I. 2011/178
Sections 86 to 9128th March 2011S.S.I. 2011/178
Section 9313th December 2010S.S.I. 2010/413
Sections 94 to 9610th January 2011S.S.I. 2010/413
Section 976th October 2010S.S.I. 2010/339
Section 9913th December 2010S.S.I. 2010/413
Section 1001st November 2011S.S.I. 2011/354
Section 10113th December 2010S.S.I. 2010/413
Section 102(1) (partially), (2) (partially) and (3) to (6)28th March 2011S.S.I. 2011/178
Section 102 (1) and (2) insofar as not already in force8th July 2013S.S.I. 2013/214
Section 1031st November 2011S.S.I. 2011/354
Sections 104 and 10513th December 2010S.S.I. 2010/413
Sections 106 and 10728th March 2011S.S.I. 2011/178
Section 108(1) (partially) and (4)12th October 2010S.S.I. 2010/344
Section 108 (for all remaining purposes)28th February 2011S.S.I. 2011/157
Section 1091st November 2011S.S.I. 2011/354
Section 1101st November 2011S.S.I. 2011/354
Sections 111 to 11413th December 2010S.S.I. 2010/413
Section 11528th March 2011S.S.I. 2011/178
Sections 116 to 1676th June 2011S.S.I. 2011/178
Sections 168 to 17125th June 2012S.S.I. 2012/160
Section 172(1) to (3), (4)(a), (5) and (6)28th March 2011S.S.I. 2011/178
Section 17313th December 2010S.S.I. 2010/413
Section 1741st November 2011S.S.I. 2011/354
Section 17528th March 2011S.S.I. 2011/178
Section 1761st April 2012S.S.I. 2011/178
Section 1771st October 2012S.S.I. 2011/178
Section 178(3)(e)16th August 2010S.S.I. 2010/297
Section 178 (for all remaining purposes)28th February 2011S.S.I. 2010/413
Section 17930th March 2018S.S.I. 2017/445
Sections 180 and 18113th December 2010S.S.I. 2010/413
Section 18228th February 2011S.S.I. 2010/413
Section 18313th December 2010S.S.I. 2010/413
Section 184(1), (2) (partially) and (3) (partially)13th December 2010S.S.I. 2010/413
Section 18513th December 2010S.S.I. 2010/413
Section 18628th March 2011S.S.I. 2011/178
Section 18713th December 2010S.S.I. 2010/413
Section 188(1)13th December 2010S.S.I. 2010/413
Section 188(2)28th March 2011S.S.I. 2011/178
Section 188(3)13th December 2010S.S.I. 2010/413
Sections 189 and 1901st October 2011S.S.I. 2011/178
Section 19128th March 2011S.S.I. 2011/178
Sections 192 to 19413th December 2010S.S.I. 2010/413
Section 195(1), (2) and (3) (partially)13th December 2010S.S.I. 2010/413
Section 195 (for all remaining purposes)1st November 2011S.S.I. 2011/354
Section 19613th December 2010S.S.I. 2010/413
Sections 198 and 19913th December 2010S.S.I. 2010/413
Section 20328th March 2011S.S.I. 2011/178
Schedule 1 (partially), paragraph 27th May 2015S.S.I. 2015/177
Schedule 1 (insofar as not already in force)19th October 2015S.S.I. 2015/336
Schedule 2 (with the exception of paragraph 38)1st February 2011S.S.I. 2010/413
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 forceS.S.I. 2010/413
Schedule 4 (with the exception of paragraph 12)13th December 2010S.S.I. 2010/413
Schedule 528th March 2011S.S.I. 2011/178
Schedule 6 (with the exception of paragraphs 2, 9, 10 and 17)13th December 2010S.S.I. 2010/413
Schedule 6, paragraphs 2, 9, 10 and 171st November 2011S.S.I. 2011/354
Schedule 7, paragraphs—
1 to 328th March 2011S.S.I. 2011/178
4 and 513th December 2010S.S.I. 2010/413
628th March 2011S.S.I. 2011/178
71st November 2011S.S.I. 2011/354
825th June 2012S.S.I. 2012/160
9 and 101st November 2011S.S.I. 2011/354
11 and 1228th March 2011S.S.I. 2011/178
1313th December 2010S.S.I. 2010/413
14 and 1528th March 2011S.S.I. 2011/178
1625th June 2012S.S.I. 2012/160
17 to 2528th March 2011S.S.I. 2011/178
27 to 3128th March 2011S.S.I. 2011/178
3225th June 2012S.S.I. 2012/160
331st August 2011S.S.I. 2011/178
34 to 3628th March 2011S.S.I. 2011/178
37 to 4325th June 2012S.S.I. 2012/160
44 and 4528th March 2011S.S.I. 2011/178
4625th June 2012S.S.I. 2012/160
4728th March 2011S.S.I. 2011/178
4810th January 2011S.S.I. 2010/413
4913th December 2010S.S.I. 2010/413
5028th March 2011S.S.I. 2011/178
5125th June 2012S.S.I. 2012/160
52 to 5628th March 2011S.S.I. 2011/178
57 and 5825th June 2012S.S.I. 2012/160
59 to 6128th March 2011S.S.I. 2011/178
6225th June 2012S.S.I. 2012/160
63 to 6528th March 2011S.S.I. 2011/178
6625th June 2012S.S.I. 2012/160
67 to 6928th March 2011S.S.I. 2011/178
7125th June 2012S.S.I. 2012/160
7228th March 2011S.S.I. 2011/178
7325th June 2012S.S.I. 2012/160
7428th March 2011S.S.I. 2011/178
75 and 7625th June 2012S.S.I. 2012/160
77 to 8328th March 2011S.S.I. 2011/178
84 and 8525th June 2012S.S.I. 2012/160
8613th December 2010S.S.I. 2010/413
8725th June 2012S.S.I. 2012/160

ORDERS UNDER AIR WEAPONS AND LICENSING (SCOTLAND) ACT 2015

The following provisions of the 2015 Act have been brought into force by commencement orders made before the date of this Order.

ProvisionDate of CommencementInstrument. No.
Section 11st December 2015S.S.I. 2015/382
Section 2 (partially)1st December 2015S.S.I. 2015/382
Section 2 in so far as not already in force31st December 2016S.S.I. 2016/130
Sections 3 to 51st July 2016S.S.I. 2016/130
Section 6 (1) to (3)1st July 2016S.S.I. 2016/130
Section 6 in so far as not already in force31st December 2016S.S.I. 2016/130
Sections 7, 8(1), 9(1) and (2), 10 and 11(1) to (4) and (7)1st July 2016S.S.I. 2016/130
Sections 8, 9 and 11 in so far not already in force31st December 2016S.S.I. 2016/130
Sections 12, 13, 14, 15(1) to (3), 16(1) to (5) and (8) and 17(1), (2), (6) and (7)1st July 2016S.S.I. 2016/130
Sections 15, 16 and 17 in so far as not already in force31st December 2016S.S.I. 2016/130
Sections 18 to 221st July 2016S.S.I. 2016/130
Sections 23 to 2731st December 2016S.S.I. 2016/130
Section 281st July 2016S.S.I. 2016/130
Sections 29 and 3031st December 2016S.S.I. 2016/130
Sections 31(1) and (3)1st July 2016S.S.I. 2016/130
Section 31 in so far as not already in force31st December 2016S.S.I. 2016/130
Sections 32, 33 and 34 (other than subsection(2)(n))1st July 2016S.S.I. 2016/130
Section 34 in so far as not already in force31st December 2016S.S.I. 2016/130
Section 35(1), (2), and (4)1st December 2015S.S.I. 2015/382
Section 35(3)1st July 2016S.S.I. 2016/130
Section 361st December 2015S.S.I. 2015/382
Section 371st July 2016S.S.I. 2016/130
Section 3831st December 2016S.S.I. 2016/130
Section 39(1)1st July 2016S.S.I. 2016/130
Section 39(2) and (3)1st December 2015S.S.I. 2015/382
Section 401st December 2015S.S.I. 2015/382
Section 4115th May 2017S.S.I. 2017/119
Section 4230th September 2016S.S.I. 2016/132
Sections 43 to 4815th May 2017S.S.I. 2017/119
Sections 50 and 5115th May 2017S.S.I. 2017/119
Sections 53 and 5415th May 2017S.S.I. 2017/119
Section 5530th September 2016S.S.I. 2016/132
Section 56 (partially)1st December 2015S.S.I. 2015/382
Section 56 (partially)15th May 2017S.S.I. 2017/119
Section 56 in so far as not already in force20th December 2017S.S.I. 2017/424
Sections 57 and 5815th May 2017S.S.I. 2017/119
Section 60 for all remaining purposes15th May 2017S.S.I. 2017/119
Section 6215th May 2017S.S.I. 2017/119
Section 631st May 2017S.S.I. 2016/307
Section 641st November 2016S.S.I. 2016/307
Section 65(1), (2), (4) and (5)1st December 2015S.S.I. 2015/382
Sections 66 to 691st September 2016S.S.I. 2016/85
Section 70(1) and (3) (partially)1st December 2015S.S.I. 2015/382
Section 711st November 2016S.S.I. 2016/307
Section 70 in so far as not already in force1st September 2016S.S.I. 2016/85
Section 72 (partially)16th March 2016S.S.I. 2016/85
Section 72 in so far as not already in force1st September 2016S.S.I. 2016/85
Section 731st December 2015S.S.I. 2015/382
Section 751st November 2016S.S.I. 2016/307
Section 76(1) and (3) (partially)1st December 2015S.S.I. 2015/382
Section 771st May 2017S.S.I. 2016/307
Section 781st November 2016S.S.I. 2016/307
Section 791st December 2015S.S.I. 2015/382
Section 80(1) and (2) (partially)1st December 2015S.S.I. 2015/382
Section 80 for all other purposes1st November 2016S.S.I. 2016/307
Section 811st November 2016S.S.I. 2016/307
Section 821st May 2017S.S.I. 2016/307
Section 831st November 2016S.S.I. 2016/307
Section 87 (partially)31st December 2016S.S.I. 2016/130
Section 87 (partially)15th May 2017S.S.I. 2017/119
Section 87 in so far as not already in force20th December 2017S.S.I. 2017/424
Schedule 131st December 2016S.S.I. 2016/130
Schedule 2, Part 131st December 2016S.S.I. 2016/130
Schedule 2, Part 2, paragraph 4(1), (3), (5) and (7)15th May 2017S.S.I. 2017/119
Schedule 2, Part 320th December 2017S.S.I. 2017/424

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