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The Licensing (Amendment) (Scotland) Act 1992 (Commencement and Savings) Order 1992

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Statutory Instruments

1992 No. 819 (C.30) (S.89)

LICENSING (LIQUOR)

The Licensing (Amendment) (Scotland) Act 1992 (Commencement and Savings) Order 1992

Made

13th March 1992

The Secretary of State, in exercise of the powers conferred on him by section 2(2) of the Licensing (Amendment) (Scotland) Act 1992(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation

1.  This Order may be cited as the Licensing (Amendment) (Scotland) Act 1992 (Commencement and Savings) Order 1992.

Interpretation

2.  In this Order—

“the 1976 Act” means the Licensing (Scotland) Act 1976(2); and

“the 1992 Act” means the Licensing (Amendment) (Scotland) Act 1992.

Commencement

3.  Section 1 of the Licensing (Amendment) (Scotland) Act 1992 shall come into force on 15th April 1992.

Savings

4.  Notwithstanding the coming into force of section 1 of the 1992 Act on 15th April 1992, subsections (1A), (1B) and (1C) of section 25 of the 1976 Act, as originally enacted(3), shall continue to apply in relation to any licence temporarily transferred, before that date, under section 25(1) of the 1976 Act.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

13th March 1992

Explanatory Note

(This note is not part of the Order)

This Order commences, on 15th April 1992, section 1 of the Licensing (Amendment) (Scotland) Act 1992. That section amends section 25 of the Licensing (Scotland) Act 1976 to enable licensing boards to transfer liquor licences by a one stage procedure, in addition to the existing two stage procedure; and also amends section 19 of the 1976 Act which makes it a criminal offence in certain circumstances to canvas licensing board members.

The Order contains a savings provision to ensure that licensing boards should continue to deal with any licence temporarily transferred before 15th April 1992 under the provisions of the old section 25(1A), (1B) and (1C) of the 1976 Act.

(3)

Section 25(1A), (1B) and (1C) were originally inserted by section 51(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).

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