87Licence holder's duty to undertake trainingS
(1)The holder of a personal licence must, no later than 3 months after the expiry of—
(a)the period of 5 years beginning with the date on which the licence holder's licence was issued, and
(b)each subsequent period of 5 years during which the licence has effect,
produce to the Licensing Board which issued the licence evidence in the prescribed form of the licence holder's having complied, during that period, with such requirements as to the training of personal licence holders as may be prescribed.
(2)A Licensing Board must—
(a)in relation to each personal licence issued by it, and
(b)no later than 3 months before the expiry of each period mentioned in subsection (1),
give to the holder of the licence notice of the requirement imposed by that subsection.
(3)If a personal licence holder fails to comply with subsection (1), the Licensing Board which issued the licence held by the licence holder must revoke the licence.
[F1(3A)For the purposes of subsection (3), a personal licence holder who fails to comply with subsection (1) for a reason relating to coronavirus is to be treated as having complied with subsection (1) if—
(a)the Licensing Board which issued the licence extends the period within which the licence holder is to—
(i)comply with any training requirements mentioned in subsection (1), and
(ii)produce evidence of having so complied, and
(b)the licence holder complies with such requirements and produces evidence of having so complied within that extended period.
(3B)For the purposes of subsection (3A), the Board may extend the period on more than one occasion if this is necessary for a reason relating to coronavirus.]
(4)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 personal licence holder, 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. 87(3A)(3B) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 3(4) (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. 87 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1