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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
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- 1990 c. 40
- SCHEDULE 5
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Changes and effects yet to be applied to Schedule 5:
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- s. 34(9) para. (d)(g) text amended by 2003 asp 4 Sch. 4 para. 12(13)(b)(ii)(iii)
- Sch. 5 repealed by 2005 asp 16 Sch. 7
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 20A(2)(a)(iii) text amended by 2007 asp 5 Sch. 5 para. 3(5)
- s. 20A(2)(a)(iii) text amended by S.S.I. 2011/235 art. 6(3)
- s. 20B-20E inserted by 2007 asp 5 s. 54(3)
- s. 20ZA-20ZC inserted by 2007 asp 5 s. 54(2)
- s. 20ZD 20ZE inserted by 2007 asp 5 s. 55(2)
- s. 21A-21C inserted by 2003 asp 4 Sch. 4 para. 12(9)
- s. 21A(1) text amended by 2007 asp 5 Sch. 5 para. 3(7)(a)(i)
- s. 21A(1)(a)(b) and word repealed by 2007 asp 5 Sch. 5 para. 3(7)(a)(ii)
- s. 21A(1)(c) text amended by 2007 asp 5 Sch. 5 para. 3(7)(a)(iii)
- s. 21A(2) text amended by 2007 asp 5 Sch. 5 para. 3(7)(b)(i)
- s. 21A(2)(b) text amended by 2007 asp 5 Sch. 5 para. 3(7)(b)(ii)
- s. 21B heading text amended by 2007 asp 5 Sch. 5 para. 3(8)(a)
- s. 21B(1) text amended by 2007 asp 5 Sch. 5 para. 3(8)(b)(i)
- s. 21B(1)(a) substituted by 2007 asp 5 Sch. 5 para. 3(8)(b)(ii)
- s. 21B(2) text amended by 2007 asp 5 Sch. 5 para. 3(8)(c)(i)(ii)
- s. 21B(2)(a) text amended by 2007 asp 5 Sch. 5 para. 3(8)(c)(iii)
- s. 21B(2)(b) text amended by 2007 asp 5 Sch. 5 para. 3(8)(c)(iv)
- s. 21B(3) text amended by 2007 asp 5 Sch. 5 para. 3(8)(d)(i)
- s. 21B(3)(b) text amended by 2007 asp 5 Sch. 5 para. 3(8)(d)(ii)
- s. 21B(4) text amended by 2007 asp 5 Sch. 5 para. 3(8)(e)(i)
- s. 21B(4)(a) text amended by 2007 asp 5 Sch. 5 para. 3(8)(e)(ii)
- s. 21C repealed by 2010 asp 16 s. 128(3)
- s. 41A-41B inserted by S.I. 2003/1398 Sch. para. 12(3)
Commencement Orders yet to be applied to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990:
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Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2004/382 art. 2 commences (1990 c. 40)
- S.S.I. 2007/141 art. 2 commences (1990 c. 40)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2008/1436 art. 2 3 commences (2007 c. 29)
- S.S.I. 2003/384 art. 2 Commencement Order
- S.S.I. 2004/420 art. 2 3 commences (2004 asp 8)
- S.S.I. 2005/553 art. 2 amendment to earlier commencing SSI 2004/420
- S.S.I. 2005/644 art. 2 Sch. commences (2005 asp 10)
- S.S.I. 2006/104 art. 2 amendment to earlier commencing SSI 2004/420 art. 2
- S.S.I. 2006/189 art. 2 Sch. commences (2005 asp 10)
- S.S.I. 2007/84 art. 3 commences (2006 asp 10)
- S.S.I. 2007/129 art. 2 3 Sch. commences (2005 asp 16)
- S.S.I. 2007/140 art. 2 commences (2007 asp 5)
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
- S.S.I. 2008/311 art. 2 commences (2007 asp 5)
- S.S.I. 2009/192 art. 2 Sch. commences (2008 asp 6)
- S.S.I. 2010/39 art. 2 Sch. commences (2008 asp 6)
- S.S.I. 2010/195 art. 2 commences (2010 asp 1)
- S.S.I. 2011/180 art. 3 4 5 6 7 commences (2010 asp 16)
Section 49.
SCHEDULE 5S Applications for Children’s Certificates
1Applications may be made to a licensing board in accordance with the provisions of this Schedule for a children’s certificate within the meaning of section 49 of this Act.S
2The holder of a public house licence or hotel licence in respect of any premises or the applicant for a new public house or hotel licence or for the renewal of such a licence may make an application for a children’s certificate in respect of those premises, and any such application shall be in such form as may be prescribed, shall be completed and signed by the applicant or his agent and shall be lodged with the clerk of the licensing board within whose area the premises are situated not later than five weeks before the first day of the meeting of the board at which the application is to be considered.S
3(1)On any application for the grant of a children’s certificate in respect of only part of any premises, the licensing board may require a plan of the premises to which the application relates to be produced to it and lodged with the clerk.S
(2)A plan produced and lodged in accordance with this paragraph shall be such as will enable the board to ascertain to which part of the premises it is proposed the certificate should relate.
4A copy of every application made under this Schedule shall be sent by the applicant to the chief constable, and if the chief constable desires to object to the grant of a children’s certificate he shall, not later than seven days before the meeting of the licensing board at which the application is to be considered—S
(a)lodge with the clerk of the board a written notice of his objection specifying the grounds of his objection to the grant of the certificate; and
(b)intimate such objection and grounds to the applicant,
and the chief constable shall be entitled to appear at the meeting of the licensing board which considers the application and make objection to the grant of the certificate.
5A licensing board shall not, within two years of its refusal of an application made under paragraph 2 above in respect of any premises, entertain another such application in respect of those premises unless it has made a direction to the contrary in respect of that refusal.S
6An application for a new public house licence or hotel licence or for the renewal of such a licence under section 10 of the principal Act shall state whether the applicant is making an application for a children’s certificate.S
7The grant of an application for a children’s certificate shall come into effect on the making of the grant or, in the case of such an application made with an application for a new public house or hotel licence, on the day on which such licence comes into effect.S
8The grant of an application for a children’s certificate made at the time of an application for the renewal of a licence shall come into effect on the renewal of the licence to which the application relates.S
9If an application for a children’s certificate is made at the same time as an application for the renewal of a licence, any existing grant of such an application for a children’s certificate shall continue to have effect until the first mentioned application is granted or, as the case may be, refused by the board.S
10The grant of an application for a children’s certificate shall cease to have effect when the licence to which it relates ceases to have effect.S
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