2015 No. 382 (C. 48)

Arms And Ammunition
Criminal Law
Licences And Licensing
Licensing (liquor)

The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 1) Order 2015

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the power conferred by section 88(2) of the Air Weapons and Licensing (Scotland) Act 20151.

Citation, commencement and interpretation1

1

This Order may be cited as the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 1) Order 2015 and comes into force on 1st December 2015.

2

In this Order, “the 2015 Act” means the Air Weapons and Licensing (Scotland) Act 2015.

Appointed day2

1

1st December 2015 is the day appointed for the coming into force of the provisions of the 2015 Act specified in column 1 of the table in the Schedule (the subject matter of which is described in column 2 of that table).

2

Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 1st December 2015 for that purpose only.

MICHAEL MATHESONA member of the Scottish GovernmentSt Andrew’s House,Edinburgh

SCHEDULEPROVISIONS OF THE 2015 ACT WHICH COME INTO FORCE ON 1ST DECEMBER 2015

Article 2

Column 1

Provisions of the 2015 Act

Column 2

Subject matter

Column 3

Purpose

Section 1

Meaning of “air weapon”

Section 2(4)

Requirement for air weapon certificate

Section 35(1), (2) and (4)

Fees

Section 36

Power to make further provision

Section 39(2) and (3)

Guidance

Section 40

Interpretation of Part 1

Section 56

Duties of Licensing Boards to produce annual reports

For the purposes of making regulations under sections 9A(6) and 9B(5) of the 2005 Act.

Section 65(1), (2), (4) and (5)

Exemptions from requirements of sections 10 to 21 of the 1982 Act

Section 70(1) and (3)

Metal dealers and itinerant metal dealers: records

For the purpose of inserting section 33C into the 1982 Act, but only for the purpose of making regulations under section 33C(6) of that Act.

Section 73

Exemptions from requirements of sections 28 to 37 of the 1982 Act

Section 76(1) and (3)

Licensing of sexual entertainment venues

For the purpose of inserting section 45A into the 1982 Act, but only for the purposes of making orders under section 45A(7)(b) and (11) of that Act.

Section 79

Procedure for hearings

Section 80(1) and (2)

Conditions for Part 3 licences

For the purpose of inserting section 45E into the 1982 Act, but only for the purpose of making an order under section 45E(1) of that Act.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order commences certain provisions in Parts 1 (air weapons), 2 (alcohol licensing) and 3 (civic licensing) of the Air Weapons and Licensing (Scotland) Act 2015 (“the Act”).

It brings into force, on 1st December 2015, the provisions specified in the Schedule to the Order, some of which are brought partially into force on that date for limited purposes only. They are provisions relating to the interpretation of Part 1 of the Act and provisions which enable subordinate legislation to be made, and guidance to be issued, under that Part. They also include provisions in Parts 2 and 3 of the Act which enable subordinate legislation to be made under the Licensing (Scotland) Act 2005 (asp 16) and the Civic Government (Scotland) Act 1982 (c.45) respectively.

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