Alcohol etc. (Scotland) Act 2010

11 Consultation etc. of health boards

(1) The 2005 Act is amended as follows.

(2) In section 6 (statements of licensing policy)—

(a) in subsection (3)(b)—

(i) omit the word “and” following sub-paragraph (ii), and

(ii) after that sub-paragraph insert—

“(iia) the relevant health board, and”,

(b) in subsection (5)—

(i) omit the word “or” following paragraph (a), and

(ii) after that paragraph insert—

“(aa) the relevant health board, or”.

(3) In section 7(4) (overprovision), after paragraph (a) insert—

“(aa) the relevant health board,”.

(4) In section 21(1) (notification of application), after paragraph (c) insert—

“(ca) the relevant health board,”.

(5) In section 147(1) (interpretation), at the appropriate places insert—

• ““Health Board” means a board constituted by an order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c.29);”, and

• ““relevant health board”, in relation to a Licensing Board, means—

  (a)

  the Health Board for the Licensing Board’s area, or

  (b)

  if the Licensing Board’s area forms part of the area of more than one Health Board, each such Health Board;”.

(6) In section 148 (index of defined expressions), in the table, at the appropriate place insert—

“relevant health board

section 147(1)”.

(7) In schedule 2 (local licensing forums), in paragraph 2, after sub-paragraph (3) insert—

“(3A) At least one of the members must be a person nominated by—

(a) the Health Board for the Forum’s area, or

(b) if the Forum’s area forms part of the area of more than one Health Board, the Health Board whose area contains the larger or, as the case may be, largest part of the Forum’s area.”.