Licensing (Scotland) Act 2005

16Training of Licensing Standards OfficersS

This section has no associated Explanatory Notes

(1)A Licensing Standards Officer must comply with such requirements as to the training of Licensing Standards Officers as may be prescribed.

[F1(1A)Subsections (1B) and (1C) apply if a Licensing Standards Officer is, for a reason relating to coronavirus, unable to comply with a requirement prescribed by regulations under subsection (1) to undertake a course of training within a particular period.

(1B)The period within which the course is to be undertaken—

(a)may be extended, on one or more than one occasion, by the (or each) council which appointed the Officer, but

(b)must not be extended beyond the date that is 12 months after the date by which the course would have had to be undertaken were it not for this subsection.

(1C)If a council extends the period—

(a)during the period of the extension, the Officer is not to be treated by that council as failing to comply with subsection (1) on the basis of having failed to undertake a course within a particular period, but

(b)at the end of the period of the extension, the Officer is to be treated by that council as failing to comply with subsection (1) if the Officer has not undertaken the course.]

(2)[F2Subject to subsection (1C),] if a Licensing Standards Officer fails to comply with subsection (1), the (or each) council which appointed the Officer must terminate the Officer's appointment.

(3)Regulations under subsection (1) prescribing training requirements may, in particular—

(a)provide for accreditation by the Scottish Ministers of—

(i)courses of training, and

(ii)persons providing such courses,

for the purposes of the regulations,

(b)prescribe different requirements in relation to different descriptions of Licensing Standards Officers, and

(c)require that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be prescribed in the regulations.

Textual Amendments

F1S. 16(1A)-(1C) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 5(2)(a) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))

F2Words in s. 16(2) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 5(2)(b) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))

Commencement Information

I1S. 16 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.