2018 No. 102 (C. 10)

Criminal Law
Licensing (liquor)

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 15 and Saving Provision) and the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 8) Order 2018

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 and section 88 (2) of the Air Weapons and Licensing (Scotland) Act 20152.

Citation, commencement and interpretation1

1

This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 15 and Saving Provision) and the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 8) Order 2018 and comes into force on the 29th June 2018.

2

In this Order—

  • “the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010;

  • “the 2015 Act” means the Air Weapons and Licensing (Scotland) Act 2015.

Commencement of the 2010 Act provisions2

On 29th June 2018 the following provisions of the 2010 Act come into force:—

a

Section 184 (Premises licences: connected persons and interested parties), in so far as not already in force;

b

Section 197 (Powers of Licensing Standards Officers).

Commencement of the 2015 Act provisions3

29th June 2018 is the day appointed for section 59 (Interested parties) of the 2015 Act to come into force.

Saving Provision – Powers of Licensing Standards Officers4

Notwithstanding the commencement of section 197 of the 2010 Act, inspections and investigations commenced by Licensing Standards Officers prior to 29th June 2018 and which have not concluded as at that date shall proceed as if that section has not been commenced.

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

(This note is not part of the Order)

This Order brings into force on 29th June 2018 certain provisions of the Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”) and the Air Weapons and Licensing (Scotland) Act 2015 (“the 2015 Act”).

Article 2 of this Order commences section 184 of the 2010 Act in so far as it is not already in force. Section 184 amends certain sections of the Licensing (Scotland) Act 2005 (“the 2005 Act”) and also inserts section 40A into the 2005 Act. Section 40A requires premises licence holders to notify Licensing Boards of changes to connected persons and interested parties. Section 184 was partially commenced by S.S.I. 2010/413. This was generally in respect of connected person and not interested parties. Article 2 now commences section 184 in its entirety. Section 59 of the 2015 Act amends section 184 by removing references to interested parties. Article 3 commences section 59 of the 2015 Act on the same day as the remainder of section 184.

Section 197 of the 2010 Act, which amends the 2005 Act by increasing the powers of Licensing Standard Officers, is also commenced in Article 2.

Article 4 of this Order makes a saving provision in relation to inspections and investigations by Licensing Standards Officers commenced prior to 29th June 2018 and which have not yet concluded. It provides that any such inspection and investigation shall proceed as if section 197 had not been commenced.

The Bill for the 2010 Act received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 came into force on the day after Royal Assent. The Bill for the 2015 Act received Royal Assent on 4th August 2015. Sections 60(1) and (2), 84, 85, 86, 88 and 89 came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ORDERS UNDER THE CRIMINAL JUSTICE AND LICENSING (SCOTLAND) ACT 2010

The following provisions of the 2010 Act have been, or are due to be, brought into force by commencement orders made before the date of this Order.

Provision

Date of Commencement

Instrument No.

Section 1(1)

7th May 2015

S.S.I. 2015/177

Section 1(2) (partially)

7th May 2015

S.S.I. 2015/177

Section 1 (insofar as not already in force)

19th October 2015

S.S.I. 2015/336

Section 2 to 13

19th October 2015

S.S.I. 2015/336

Section 14(1) (partially)

1st February 2011

S.S.I. 2010/413

Section 14(1) (for all remaining purposes)

1st April 2011

S.S.I. 2010/413

Section 14(2)

1st February 2011

S.S.I. 2010/413

Section 15

28th March 2011

S.S.I. 2011/178

Section 16

13th December 2010

S.S.I. 2010/413

Section 17

1st February 2011

S.S.I. 2010/413

Section 19

28th March 2011

S.S.I. 2011/178

Sections 20 and 21

1st February 2011

S.S.I. 2010/413

Section 22

28th March 2011

S.S.I. 2011/178

Section 23

13th December 2010

S.S.I. 2010/413

Section 24

28th March 2011

S.S.I. 2011/178

Sections 25 and 26

13th December 2010

S.S.I. 2010/413

Section 27

28th March 2011

S.S.I. 2011/178

Sections 28 to 31

13th December 2010

S.S.I. 2010/413

Sections 32 and 33

28th March 2011

S.S.I. 2011/178

Section 34

13th December 2010

S.S.I. 2010/413

Section 35

28th March 2011

S.S.I. 2011/178

Section 36

28th March 2011

S.S.I. 2011/178

Section 37

13th December 2010

S.S.I. 2010/413

Section 38

6th October 2010

S.S.I. 2010/339

Sections 39 to 41

13th December 2010

S.S.I. 2010/413

Section 42

28th March 2011

S.S.I. 2011/178

Sections 43 and 44

1st December 2010

S.S.I. 2010/357

Section 45

13th December 2010

S.S.I. 2010/413

Sections 46 to 53

28th March 2011

S.S.I. 2011/178

Section 54

6th June 2011

S.S.I. 2011/178

Section 55

28th March 2011

S.S.I. 2011/178

Section 56

13th December 2010

S.S.I. 2010/413

Sections 57 and 58

28th March 2011

S.S.I. 2011/178

Sections 59 and 60

13th December 2010

S.S.I. 2010/413

Sections 61 and 62

28th March 2011

S.S.I. 2011/178

Section 63

1st December 2010

S.S.I. 2010/357

Section 64

13th December 2010

S.S.I. 2010/413

Sections 65 to 70

28th March 2011

S.S.I. 2011/178

Section 71

13th December 2010

S.S.I. 2010/413

Sections 72 to 76

28th March 2011

S.S.I. 2011/178

Section 77(1) (partially)

28th March 2011

S.S.I. 2011/178

Section 77(1) (for all remaining purposes)

1st August 2011

S.S.I. 2011/178

Section 77(2)(a)

28th March 2011

S.S.I. 2011/178

Section 77(2)(b) and (c)

1st August 2011

S.S.I. 2011/178

Section 77(3)

28th March 2011

S.S.I. 2011/178

Sections 78 and 79

28th March 2011

S.S.I. 2011/178

Section 80 (partially)

13th December 2010

S.S.I. 2010/413

Section 80 (for all remaining purposes)

15th April 2011

S.S.I. 2011/178

Section 81

28th March 2011

S.S.I. 2011/178

Section 82

1st August 2011

S.S.I. 2011/178

Section 83

5th November 2010

S.S.I. 2010/385

Section 84

28th March 2011

S.S.I. 2011/178

Section 85

6th June 2011

S.S.I. 2011/178

Sections 86 to 91

28th March 2011

S.S.I. 2011/178

Section 93

13th December 2010

S.S.I. 2010/413

Sections 94 to 96

10th January 2011

S.S.I. 2010/413

Section 97

6th October 2010

S.S.I. 2010/339

Section 99

13th December 2010

S.S.I. 2010/413

Section 100

1st November 2011

S.S.I. 2011/354

Section 101

13th December 2010

S.S.I. 2010/413

Section 102(1) (partially), (2) (partially) and (3) to (6)

28th March 2011

S.S.I. 2011/178

Section 102 (1) and (2) insofar as not already in force

8th July 2013

S.S.I. 2013/214

Section 103

1st November 2011

S.S.I. 2011/354

Sections 104 and 105

13th December 2010

S.S.I. 2010/413

Sections 106 and 107

28th March 2011

S.S.I. 2011/178

Section 108(1) (partially) and (4)

12th October 2010

S.S.I. 2010/344

Section 108 (for all remaining purposes)

28th February 2011

S.S.I. 2011/157

Section 109

1st November 2011

S.S.I. 2011/354

Section 110

1st November 2011

S.S.I. 2011/354

Sections 111 to 114

13th December 2010

S.S.I. 2010/413

Section 115

28th March 2011

S.S.I. 2011/178

Sections 116 to 167

6th June 2011

S.S.I. 2011/178

Sections 168 to 171

25th June 2012

S.S.I. 2012/160

Section 172(1) to (3), (4)(a), (5) and (6)

28th March 2011

S.S.I. 2011/178

Section 173

13th December 2010

S.S.I. 2010/413

Section 174

1st November 2011

S.S.I. 2011/354

Section 175

28th March 2011

S.S.I. 2011/178

Section 176

1st April 2012

S.S.I. 2011/178

Section 177

1st October 2012

S.S.I. 2011/178

Section 178(3)(e)

16th August 2010

S.S.I. 2010/297

Section 178 (for all remaining purposes)

28th February 2011

S.S.I. 2010/413

Section 179

30th March 2018

S.S.I. 2017/445

Sections 180 and 181

13th December 2010

S.S.I. 2010/413

Section 182

28th February 2011

S.S.I. 2010/413

Section 183

13th December 2010

S.S.I. 2010/413

Section 184(1), (2) (partially) and (3) (partially)

13th December 2010

S.S.I. 2010/413

Section 185

13th December 2010

S.S.I. 2010/413

Section 186

28th March 2011

S.S.I. 2011/178

Section 187

13th December 2010

S.S.I. 2010/413

Section 188(1)

13th December 2010

S.S.I. 2010/413

Section 188(2)

28th March 2011

S.S.I. 2011/178

Section 188(3)

13th December 2010

S.S.I. 2010/413

Sections 189 and 190

1st October 2011

S.S.I. 2011/178

Section 191

28th March 2011

S.S.I. 2011/178

Sections 192 to 194

13th December 2010

S.S.I. 2010/413

Section 195(1), (2) and (3) (partially)

13th December 2010

S.S.I. 2010/413

Section 195 (for all remaining purposes)

1st November 2011

S.S.I. 2011/354

Section 196

13th December 2010

S.S.I. 2010/413

Sections 198 and 199

13th December 2010

S.S.I. 2010/413

Section 203

28th March 2011

S.S.I. 2011/178

Schedule 1 (partially), paragraph 2

7th May 2015

S.S.I. 2015/177

Schedule 1 (insofar as not already in force)

19th October 2015

S.S.I. 2015/336

Schedule 2 (with the exception of paragraph 38)

1st February 2011

S.S.I. 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

S.S.I. 2010/413

Schedule 4 (with the exception of paragraph 12)

13th December 2010

S.S.I. 2010/413

Schedule 5

28th March 2011

S.S.I. 2011/178

Schedule 6 (with the exception of paragraphs 2, 9, 10 and 17)

13th December 2010

S.S.I. 2010/413

Schedule 6, paragraphs 2, 9, 10 and 17

1st November 2011

S.S.I. 2011/354

Schedule 7, paragraphs—

1 to 3

28th March 2011

S.S.I. 2011/178

4 and 5

13th December 2010

S.S.I. 2010/413

6

28th March 2011

S.S.I. 2011/178

7

1st November 2011

S.S.I. 2011/354

8

25th June 2012

S.S.I. 2012/160

9 and 10

1st November 2011

S.S.I. 2011/354

11 and 12

28th March 2011

S.S.I. 2011/178

13

13th December 2010

S.S.I. 2010/413

14 and 15

28th March 2011

S.S.I. 2011/178

16

25th June 2012

S.S.I. 2012/160

17 to 25

28th March 2011

S.S.I. 2011/178

27 to 31

28th March 2011

S.S.I. 2011/178

32

25th June 2012

S.S.I. 2012/160

33

1st August 2011

S.S.I. 2011/178

34 to 36

28th March 2011

S.S.I. 2011/178

37 to 43

25th June 2012

S.S.I. 2012/160

44 and 45

28th March 2011

S.S.I. 2011/178

46

25th June 2012

S.S.I. 2012/160

47

28th March 2011

S.S.I. 2011/178

48

10th January 2011

S.S.I. 2010/413

49

13th December 2010

S.S.I. 2010/413

50

28th March 2011

S.S.I. 2011/178

51

25th June 2012

S.S.I. 2012/160

52 to 56

28th March 2011

S.S.I. 2011/178

57 and 58

25th June 2012

S.S.I. 2012/160

59 to 61

28th March 2011

S.S.I. 2011/178

62

25th June 2012

S.S.I. 2012/160

63 to 65

28th March 2011

S.S.I. 2011/178

66

25th June 2012

S.S.I. 2012/160

67 to 69

28th March 2011

S.S.I. 2011/178

71

25th June 2012

S.S.I. 2012/160

72

28th March 2011

S.S.I. 2011/178

73

25th June 2012

S.S.I. 2012/160

74

28th March 2011

S.S.I. 2011/178

75 and 76

25th June 2012

S.S.I. 2012/160

77 to 83

28th March 2011

S.S.I. 2011/178

84 and 85

25th June 2012

S.S.I. 2012/160

86

13th December 2010

S.S.I. 2010/413

87

25th June 2012

S.S.I. 2012/160

ORDERS UNDER AIR WEAPONS AND LICENSING (SCOTLAND) ACT 2015

The following provisions of the 2015 Act have been brought into force by commencement orders made before the date of this Order.

Provision

Date of Commencement

Instrument. No.

Section 1

1st December 2015

S.S.I. 2015/382

Section 2 (partially)

1st December 2015

S.S.I. 2015/382

Section 2 in so far as not already in force

31st December 2016

S.S.I. 2016/130

Sections 3 to 5

1st July 2016

S.S.I. 2016/130

Section 6 (1) to (3)

1st July 2016

S.S.I. 2016/130

Section 6 in so far as not already in force

31st December 2016

S.S.I. 2016/130

Sections 7, 8(1), 9(1) and (2), 10 and 11(1) to (4) and (7)

1st July 2016

S.S.I. 2016/130

Sections 8, 9 and 11 in so far not already in force

31st December 2016

S.S.I. 2016/130

Sections 12, 13, 14, 15(1) to (3), 16(1) to (5) and (8) and 17(1), (2), (6) and (7)

1st July 2016

S.S.I. 2016/130

Sections 15, 16 and 17 in so far as not already in force

31st December 2016

S.S.I. 2016/130

Sections 18 to 22

1st July 2016

S.S.I. 2016/130

Sections 23 to 27

31st December 2016

S.S.I. 2016/130

Section 28

1st July 2016

S.S.I. 2016/130

Sections 29 and 30

31st December 2016

S.S.I. 2016/130

Sections 31(1) and (3)

1st July 2016

S.S.I. 2016/130

Section 31 in so far as not already in force

31st December 2016

S.S.I. 2016/130

Sections 32, 33 and 34 (other than subsection(2)(n))

1st July 2016

S.S.I. 2016/130

Section 34 in so far as not already in force

31st December 2016

S.S.I. 2016/130

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

1st December 2015

S.S.I. 2015/382

Section 35(3)

1st July 2016

S.S.I. 2016/130

Section 36

1st December 2015

S.S.I. 2015/382

Section 37

1st July 2016

S.S.I. 2016/130

Section 38

31st December 2016

S.S.I. 2016/130

Section 39(1)

1st July 2016

S.S.I. 2016/130

Section 39(2) and (3)

1st December 2015

S.S.I. 2015/382

Section 40

1st December 2015

S.S.I. 2015/382

Section 41

15th May 2017

S.S.I. 2017/119

Section 42

30th September 2016

S.S.I. 2016/132

Sections 43 to 48

15th May 2017

S.S.I. 2017/119

Sections 50 and 51

15th May 2017

S.S.I. 2017/119

Sections 53 and 54

15th May 2017

S.S.I. 2017/119

Section 55

30th September 2016

S.S.I. 2016/132

Section 56 (partially)

1st December 2015

S.S.I. 2015/382

Section 56 (partially)

15th May 2017

S.S.I. 2017/119

Section 56 in so far as not already in force

20th December 2017

S.S.I. 2017/424

Sections 57 and 58

15th May 2017

S.S.I. 2017/119

Section 60 for all remaining purposes

15th May 2017

S.S.I. 2017/119

Section 62

15th May 2017

S.S.I. 2017/119

Section 63

1st May 2017

S.S.I. 2016/307

Section 64

1st November 2016

S.S.I. 2016/307

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

1st December 2015

S.S.I. 2015/382

Sections 66 to 69

1st September 2016

S.S.I. 2016/85

Section 70(1) and (3) (partially)

1st December 2015

S.S.I. 2015/382

Section 71

1st November 2016

S.S.I. 2016/307

Section 70 in so far as not already in force

1st September 2016

S.S.I. 2016/85

Section 72 (partially)

16th March 2016

S.S.I. 2016/85

Section 72 in so far as not already in force

1st September 2016

S.S.I. 2016/85

Section 73

1st December 2015

S.S.I. 2015/382

Section 75

1st November 2016

S.S.I. 2016/307

Section 76(1) and (3) (partially)

1st December 2015

S.S.I. 2015/382

Section 77

1st May 2017

S.S.I. 2016/307

Section 78

1st November 2016

S.S.I. 2016/307

Section 79

1st December 2015

S.S.I. 2015/382

Section 80(1) and (2) (partially)

1st December 2015

S.S.I. 2015/382

Section 80 for all other purposes

1st November 2016

S.S.I. 2016/307

Section 81

1st November 2016

S.S.I. 2016/307

Section 82

1st May 2017

S.S.I. 2016/307

Section 83

1st November 2016

S.S.I. 2016/307

Section 87 (partially)

31st December 2016

S.S.I. 2016/130

Section 87 (partially)

15th May 2017

S.S.I. 2017/119

Section 87 in so far as not already in force

20th December 2017

S.S.I. 2017/424

Schedule 1

31st December 2016

S.S.I. 2016/130

Schedule 2, Part 1

31st December 2016

S.S.I. 2016/130

Schedule 2, Part 2, paragraph 4(1), (3), (5) and (7)

15th May 2017

S.S.I. 2017/119

Schedule 2, Part 3

20th December 2017

S.S.I. 2017/424