The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 5 and Saving Provisions) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the following provisions of the Air Weapons and Licensing (Scotland) Act 2015 (“the 2015 Act”): sections 63, 64, 71, 75, 77, 78, 80, 81, 82 and 83 (article 2).

The Schedule to the Order appoints the 1st November 2016 for the commencement of section 64, 71, 75, 78, 80, 81, and 83 of the 2015 Act. The remaining provisions are brought into force on 1st May 2017.

Articles 3 to 5 contain saving provisions.

Article 3 makes a saving provision that has the effect that the commencement of section 75 of the 2015 Act, amending the exemption from holding a public entertainment licence for those in possession of an occasional licence, under section 56 of the Licensing (Scotland) Act 2005, has no effect where an application for an occasional licence is made or such a licence is granted prior to 1st November 2016. This saving provision will only apply for the duration of the occasional licence.

Article 4 makes a saving provision that has the effect that despite the commencement of section 77 of the 2015 Act, the amendments therein, which require a licensing authority to consider and decide applications within a set time period, otherwise the applications will be deemed to have been granted, have no effect in relation to an application made prior to 1st May 2017.

Article 5 makes a saving provision that has the effect that despite the commencement of section 78 of the 2015 Act, the amendments therein, permitting a licensing authority to revoke a licence, have no effect where a licensing authority has issued notification of a hearing to determine whether to vary or suspend a licence prior to 1st November 2016.

The Bill for the 2015 Act received Royal Assent on 4th August 2015. Sections 60(1) and (2), 84, 85, 86, 88 and 89 of the 2015 Act came into force on the following day.