2017 No. 445 (C. 33)
Criminal Law

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 14 and Saving Provision) Order 2017

Made
Laid before the Scottish Parliament
Coming into force
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 20101.

Citation, commencement and interpretation1.

(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 Act2.

Section 179 of the 2010 Act comes into force on 30th March 2018.

Saving provision3.

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

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