2017 No. 445 (C. 33)

Criminal Law

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 14 and Saving Provision) Order 2017
Made
13th December 2017
Laid before the Scottish Parliament
15th December 2017
Coming into force
30th March 2018
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 201(1) and (2) and 206(1) of the Criminal Justice and Licensing (Scotland) Act 2010 .

Citation, commencement and interpretation
1
1
This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 14 and Saving Provision) Order 2017 and comes into force on 30th March 2018.
2
In this Order—
- “the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010.

Commencement of section 179 (Premises licence applications: statements about disabled access etc) of the 2010 Act
2
Section 179 of the 2010 Act comes into force on 30th March 2018.

Saving provision
3
Notwithstanding the commencement of section 179 of the 2010 Act, an application for a premises licence received by a Licensing Board on or before 30th March 2018 and which has not been determined at that date shall proceed as if that section has not been commenced.
MICHAEL MATHESON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
13th December 2017

EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force section 179 of Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”). It also makes a related saving provision.
Article 2 brings section 179 of the 2010 Act into force on 30th March 2018. Section 179 of the 2010 Act amends section 20 of the Licensing (Scotland) Act 2005 (“the 2005 Act”), relating to applications for premises licences. The amendments make provision in relation to the requirement that an application for a premises licence must also be accompanied by a disabled access and facilities statement (as well as an operating plan , a layout plan and any required certificates). The said statement is to be in a prescribed form and contain information about provisions for access to the subject premises by disabled persons, facilities provided therein for the use by disabled persons and any other provision made on or in connection with the subject premises for disabled persons.
Article 3 makes a saving provision in relation to applications for premises licences received by Licensing Boards on or before 30th March 2018 and which have not yet been determined. It provides that such applications do not require to be accompanied by a disabled access and facilities statement.
The Bill for the 2010 Act received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the 2010 Act came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
Provision | Date of Commencement | S.I. No.
Section 1(1) | 7th May 2015 | 2015/177
Section 1(2) (partially) | 7th May 2015 | 2015/177
Section 1 (in so far as not already in force ) | 19th October 2015 | 2015/336
Sections 2 to 13 | 19th October 2015 | 2015/336
Section 14(1) (in part) | 1st February 2011 | 2010/413
Section 14(1) (in so far as not already in force) | 1st April 2011 | 2010/413
Section 14(2) | 1st February 2011 | 2010/413
Section 15 | 28th March 2011 | 2011/178
Section 16 | 13th December 2010 | 2010/413
Section 17 | 1st February 2011 | 2010/413
Section 19 | 28th March 2011 | 2011/178
Sections 20 and 21 | 1st February 2011 | 2010/413
Section 22 | 28th March 2011 | 2011/178
Section 23 | 13th December 2010 | 2010/413
Section 24 | 28th March 2011 | 2011/178
Sections 25 and 26 | 13th December 2010 | 2010/413
Section 27 | 28th March 2011 | 2011/178
Sections 28 to 31 | 13th December 2010 | 2010/413
Sections 32 and 33 | 28th March 2011 | 2011/178
Section 34 | 13th December 2010 | 2010/413
Section 35 | 28th March 2011 | 2011/178
Section 36 | 28th March 2011 | 2011/178
Section 37 | 13th December 2010 | 2010/413
Section 38 | 6th October 2010 | 2010/339
Sections 39 to 41 | 13th December 2010 | 2010/413
Section 42 | 28th March 2011 | 2011/178
Sections 43 and 44 | 1st December 2010 | 2010/357
Section 45 | 13th December 2010 | 2010/413
Sections 46 to 53 | 28th March 2011 | 2011/178
Section 54 | 6th June 2011 | 2011/178
Section 55 | 28th March 2011 | 2011/178
Section 56 | 13th December 2010 | 2010/413
Sections 57 and 58 | 28th March 2011 | 2011/178
Sections 59 and 60 | 13th December 2010 | 2010/413
Sections 61 and 62 | 28th March 2011 | 2011/178
Section 63 | 1st December 2010 | 2010/357
Section 64 | 13th December 2010 | 2010/413
Sections 65 to 70 | 28th March 2011 | 2011/178
Section 71 | 13th December 2010 | 2010/413
Sections 72 to 76 | 28th March 2011 | 2011/178
Section 77(1) (in part) | 28th March 2011 | 2011/178
Section 77(1) (in so far as not already in force) | 1st August 2011 | 2011/178
Section 77(2)(a) | 28th March 2011 | 2011/178
Section 77(2)(b) and (c) | 1st August 2011 | 2011/178
Section 77(3) | 28th March 2011 | 2011/178
Sections 78 and 79 | 28th March 2011 | 2011/178
Section 80 (in part) | 13th December 2010 | 2010/413
Section 80 (in so far as not already in force) | 15th April 2011 | 2011/178
Section 81 | 28th March 2011 | 2011/178
Section 82 | 1st August 2011 | 2011/178
Section 83 | 5th November 2010 | 2010/385
Section 84 | 28th March 2011 | 2011/178
Section 85 | 6th June 2011 | 2011/178
Sections 86 to 91 | 28th March 2011 | 2011/178
Section 93 | 13th December 2010 | 2010/413
Sections 94 to 96 | 10th January 2011 | 2010/413
Section 97 | 6th October 2010 | 2010/339
Section 99 | 13th December 2010 | 2010/413
Section 100 | 1st November 2011 | 2011/354
Section 101 | 13th December 2010 | 2010/413
Section 102(1) (in part), (2) (in part) and (3) to (6) | 28th March 2011 | 2011/178
Section 102(1) and (2) ( in so far as not already in force) | 8th July 2013 | 2013/214
Section 103 | 1st November 2011 | 2011/354
Sections 104 and 105 | 13th December 2010 | 2010/413
Sections 106 and 107 | 28th March 2011 | 2011/178
Section 108(1) (in part) and (4) | 12th October 2010 | 2010/344
Section 108 (in so far as not already in force) | 28th February 2011 | 2011/157
Section 109 | 1st November 2011 | 2011/354
Section 110 | 1st November 2011 | 2011/354
Sections 111 to 114 | 13th December 2010 | 2010/413
Section 115 | 28th March 2011 | 2011/178
Sections 116 to 167 | 6th June 2011 | 2011/178
Sections 168 to 171 | 25th June 2012 | 2012/160
Section 172(1) to (3), (4)(a), (5) and (6) | 28th March 2011 | 2011/178
Section 173 | 13th December 2010 | 2010/413
Section 174 | 1st November 2011 | 2011/354
Section 175 | 28th March 2011 | 2011/178
Section 176 | 1st April 2012 | 2011/178
Section 177 | 1st October 2012 | 2011/178
Section 178(3)(e) | 16th August 2010 | 2010/297
Section 178 (in so far as not already in force) | 28th February 2011 | 2010/413
Sections 180 and 181 | 13th December 2010 | 2010/413
Section 182 | 28th February 2011 | 2010/413
Section 183 | 13th December 2010 | 2010/413
Section 184(1), (2) (in part) and (3) (in part) | 13th December 2010 | 2010/413
Section 184 (in so far as not already in force) | 1st November 2011 | 2011/354
Section 185 | 13th December 2010 | 2010/413
Section 186 | 28th March 2011 | 2011/178
Section 187 | 13th December 2010 | 2010/413
Section 188(1) | 13th December 2010 | 2010/413
Section 188(2) | 28th March 2011 | 2011/178
Section 188(3) | 13th December 2010 | 2010/413
Sections 189 and 190 | 1st October 2011 | 2011/178
Section 191 | 28th March 2011 | 2011/178
Sections 192 to 194 | 13th December 2010 | 2010/413
Section 195(1), (2) and (3) (in part) | 13th December 2010 | 2010/413
Section 195 (in so far as not already in force) | 1st November 2011 | 2011/354
Section 196 | 13th December 2010 | 2010/413
Sections 198 and 199 | 13th December 2010 | 2010/413
Section 203 | 28th March 2011 | 2011/178
Schedule 1 (partially) paragraph 2 | 7th May 2015 | 2015/177
Schedule 1 (in so far as not already in force ) | 19th October 2015 | 2015/336
Schedule 2 (with the exception of paragraph 38) | 1st February 2011 | 2010/413
Schedule 2, paragraph 38 | The day that section 25(2) of the Welfare Reform Act 2009 (c.24) (jobseekers allowance: sanctions for violent conduct etc. in connection with claim) comes into force | 2010/413
Schedule 4 (with the exception of paragraph 12) | 13th December 2010 | 2010/413
Schedule 5 | 28th March 2011 | 2011/178
Schedule 6 (with the exception of paragraphs 2, 9, 10 and 17) | 13th December 2010 | 2010/413
Schedule 6, paragraphs 2, 9, 10 and 17 | 1st November 2011 | 2011/354
Schedule 7, paragraphs— | |
1 to 3 | 28th March 2011 | 2011/178
4 and 5 | 13th December 2010 | 2010/413
6 | 28th March 2011 | 2011/178
7 | 1st November 2011 | 2011/354
8 | 25th June 2012 | 2012/160
9 and 10 | 1st November 2011 | 2011/354
11 and 12 | 28th March 2011 | 2011/178
13 | 13th December 2010 | 2010/413
14 and 15 | 28th March 2011 | 2011/178
16 | 25th June 2012 | 2012/160
17 to 25 | 28th March 2011 | 2011/178
27 to 31 | 28th March 2011 | 2011/178
32 | 25th June 2012 | 2012/160
33 | 1st August 2011 | 2011/178
34 to 36 | 28th March 2011 | 2011/178
37 to 43 | 25th June 2012 | 2012/160
44 and 45 | 28th March 2011 | 2011/178
46 | 25th June 2012 | 2012/160
47 | 28th March 2011 | 2011/178
48 | 10th January 2011 | 2010/413
49 | 13th December 2010 | 2010/413
50 | 28th March 2011 | 2011/178
51 | 25th June 2012 | 2012/160
52 to 56 | 28th March 2011 | 2011/178
57 and 58 | 25th June 2012 | 2012/160
59 to 61 | 28th March 2011 | 2011/178
62 | 25th June 2012 | 2012/160
63 to 65 | 28th March 2011 | 2011/178
66 | 25th June 2012 | 2012/160
67 to 69 | 28th March 2011 | 2011/178
71 | 25th June 2012 | 2012/160
72 | 28th March 2011 | 2011/178
73 | 25th June 2012 | 2012/160
74 | 28th March 2011 | 2011/178
75 and 76 | 25th June 2012 | 2012/160
77 to 83 | 28th March 2011 | 2011/178
84 and 85 | 25th June 2012 | 2012/160
86 | 13th December 2010 | 2010/413
87 | 25th June 2012 | 2012/160
2010 asp 13.