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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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Commencement Orders bringing legislation that affects this Act into force:
(1)In this Chapter—
“alcohol disorder zone” means a locality designated as such a zone under section 16;
a district council;
a county council for an area for which there are no district councils;
a London borough council;
the Common Council of the City of London in its capacity as a local authority;
the Council of the Isles of Scilly;
a county council or a county borough council in Wales;
“local chief officer of police”, in relation to the designation of a locality as an alcohol disorder zone, means the chief of police of the police force for the police area in which that locality is situated;
“locality” includes a part of a locality.
(2)Expressions used in this Chapter and in the Licensing Act 2003 (c. 17) or in a Part of that Act have the same meanings in this Chapter as in that Act or Part.
(3)References in this Chapter to premises' being in a locality (however described) include references to their being partly in that locality.
(4)The powers of the Secretary of State to make regulations under this Chapter shall be exercisable by statutory instrument.
(5)Those powers all include power—
(a)to make different provision for different cases;
(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
(c)to make such incidental, supplemental, consequential and transitional provision as he thinks fit.
(6)The Secretary of State must not make regulations containing (with or without other provision) any provision that he is authorised to make by this Chapter unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
(7)Subsection (5)(b) is subject to the restriction on exemptions contained in section 15(6).
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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