80Conditions for Part 3 licences
(1)The 1982 Act is amended as follows.
(2)After section 45D (as inserted by section 77 of this Act) insert—
“Conditions of licences granted under this Part
45EMandatory licence conditions
(1)The Scottish Ministers may by order prescribe conditions to which licences granted by local authorities under this Part are to be subject.
(2)Different conditions may be prescribed under subsection (1)—
(a)in respect of different licences or different types of licence,
(b)otherwise for different purposes, circumstances or cases.
(3)An order under subsection (1) is subject to the affirmative procedure.
(4)Subsection (1) does not affect any other power of the Scottish Ministers under this Act or any other enactment to prescribe conditions—
(a)to which licences granted by local authorities under this Part are to be subject, or
(b)to be imposed by local authorities in granting or renewing licences under this Part.
(5)The following conditions are referred to in this Part as “mandatory conditions”—
(a)conditions prescribed under subsection (1),
(b)conditions prescribed under any power referred to in subsection (4), and
(c)conditions imposed, or required to be imposed, by any provision of this Part.
(6)In this section and section 45F, references to licences granted by local authorities include references to—
(a)licences renewed by local authorities, and
(b)licences deemed by virtue of section 45D to have been granted or renewed by local authorities.
45FStandard licence conditions
(1)A local authority may determine conditions to which licences granted by them under this Part are to be subject.
(2)Conditions determined under subsection (1) are referred to in this Part as “standard conditions”.
(3)Different conditions may be determined under subsection (1)—
(a)in respect of different licences or different types of licence,
(b)otherwise for different purposes, circumstances or cases.
(4)A local authority must publish, in such manner as they think appropriate, any standard conditions determined by them.
(5)Standard conditions have no effect—
(a)unless they are published, and
(b)so far as they are inconsistent with any mandatory conditions.
(6)Subsection (1) is subject to paragraph 9(1A) of Schedule 2.”.
(3)In paragraph 9 of Schedule 2 (disposal of applications for licences)—
(a)in sub-paragraph (1)—
(i)in paragraph (a), the word “unconditionally” is repealed,
(ii)paragraph (b) is repealed,
(b)after sub-paragraph (1) insert—
“(1A)In granting or renewing a licence under sub-paragraph (1)(a), a local authority may (either or both)—
(a)disapply or vary any standard conditions,
(b)impose conditions in addition to any mandatory or standard conditions to which the licence is subject.”,
(c)in sub-paragraph (2)—
(i)for “sub-paragraph” where first occurring substitute “sub-paragraphs (2ZA) and”,
(ii)for “(1)” substitute “(1A)(b)”,
(d)after sub-paragraph (2) insert—
“(2ZA)A variation made under sub-paragraph (1A)(a) or a condition imposed under sub-paragraph (1A)(b) has no effect in so far as it is inconsistent with any mandatory condition to which the licence is subject.”,
(e)in sub-paragraph (2A), for “(1)” substitute “(1A)(b)”.