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Access to Justice Act 1999

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This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

58(1)Schedule 2 (grant etc. of licences) is amended as follows.

(2)In paragraph 1(1) (licensing authority), at the end insert “and references to the proper officer of a licensing authority shall be construed accordingly”.

(3)In paragraphs 5(2) and 6(2) (procedure for application), for “clerk to” substitute “proper officer of”.

(4)In paragraph 7 (public notice of application)—

(a)in sub-paragraph (1), for “clerk to” substitute “proper officer of”,

(b)in sub-paragraph (2), for “clerk to” substitute “proper officer of” and for “if the clerk” substitute “if the proper officer”, and

(c)in sub-paragraphs (3) and (4), for “clerk to” substitute “proper officer of”.

(5)In paragraph 12(1) (making of application for renewal), for “clerk to” substitute “proper officer of”.

(6)In paragraph 13 (notification of application for renewal)—

(a)in sub-paragraphs (2) and (3), for “clerk to” substitute “proper officer of”,

(b)in sub-paragraph (4), for “clerk to” substitute “proper officer of” and for “clerk”, in the other two places, substitute “proper officer”, and

(c)in sub-paragraph (5), for “clerk to” substitute “proper officer of”.

(7)In paragraph 14(2)(a) (proceedings on application for grant or renewal), for “clerk to” substitute “proper officer of”.

(8)In paragraph 15 (objections)—

(a)for “clerk to” substitute “proper officer of”, and

(b)in paragraph (b), for “clerk” substitute “proper officer”.

(9)In—

(a)paragraph 28 (notification of Board’s advice),

(b)paragraph 29(1) (in both places) and (2) (appeal by applicant),

(c)paragraph 31(1) and (2) (appeal by Board),

(d)paragraph 33(1) (appeal in Scotland),

(e)paragraph 35(5) (revocation of certificate of consent), and

(f)paragraphs 36(1) and (3) and 37 (cancellation),

for “clerk to” substitute “proper officer of”.

(10)In paragraph 46(1) (notice of appeal), for “clerk” substitute “proper officer”.

(11)In paragraph 48 (cancellation of licence where holder convicted of offence)—

(a)in sub-paragraph (4), for “clerk of” and for “clerk to” (in both places) substitute “proper officer of”, and

(b)after that sub-paragraph insert—

(5)In sub-paragraph (4) of this paragraph, “the proper officer of the court” means—

(a)in relation to a magistrates' court, the justices' chief executive for the court, and

(b)in relation to any other court, the clerk of the court.

(12)In paragraphs 57(4) and 58(1) (transfer of licence), for “clerk to” substitute “proper officer of”.

(13)In paragraph 63 (fees)—

(a)in sub-paragraph (1), for “clerk to” substitute “proper officer of”, and

(b)in sub-paragraph (2), for “clerk to” substitute “proper officer of”.

(14)In paragraphs 64(1) and 65(1) and (2) (notification of corporate changes), for “clerk to” substitute “proper officer of”.

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