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The Licensing Act 2003 (Commencement No. 7 and Transitional Provisions) Order 2005

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Citation and interpretation

1.  (1)  This Order may be cited as the Licensing Act 2003 (Commencement No.7 and Transitional Provisions) Order 2005.

(2) In this Order –

“the Act” means the Licensing Act 2003;

“the 1968 Act” means the Gaming Act 1968(1);

“the 1976 Act” means the Lotteries and Amusements Act 1976(2);

“the 1985 Act” means the Sporting Events (Control of Alcohol etc.) Act 1985(3);

“the second appointed day” means 24th November 2005(4).

Commencement

2.  (1)  Part 5 (Permitted Temporary Activities) of the Act, so far as it is not already in force, comes into force on 10th November 2005.

(2) With the exception of paragraphs 98 and 99(c) of Schedule 6 to the Act and the repeal of section 2(1A) and section 5A of the 1985 Act, the remaining provisions of the Act, so far as they are not already in force, come into force on the second appointed day.

Transitional provisions

3.  The Schedule to this Order shall have effect for the purposes of making transitional provisions and savings in connection with the commencement on the second appointed day of paragraphs 49, 52 and 62 to 66 of Schedule 6 to the Act (which respectively amend section 6 of the 1968 Act, Schedule 9 to that Act and Schedule 3 to the 1976 Act).

Saving

4.  (1)  The repeal of an enactment by section 199 of, and Schedule 7 to, the Act does not affect–

(a)an entitlement to bring an appeal pursuant to the enactment, if the entitlement existed immediately before the second appointed day;

(b)the conduct and determination of an appeal brought before that day pursuant to the enactment.

(2) In connection with an appeal brought or continued in reliance on paragraph (1)–

(a)the court to which the appeal is brought has the same jurisdiction, powers and obligations as it would have had before the second appointed day; and

(b)the parties to the appeal have the same rights and obligations as they would have had before that day.

James Purnell

Minister of State

Department for Culture, Media and Sport

2nd November 2005

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