The Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019

Made15th January 2019

Laid before the Scottish Parliament17th January 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraphs 1(1) and (3) of schedule 2, and paragraph 21(b) of schedule 7, of the European Union (Withdrawal) Act 2018 F1 and all other powers enabling them to do so.

Annotations:

Amendments (Textual)

2018 c.16.

PART 1Preliminary

Citation and commencementI11

These Regulations may be cited as the Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019 and come into force on exit day.

PART 2Amendment of primary legislation

Amendment of the Civic Government (Scotland) Act 1982I22

1

Schedule 2 (control of sex shops) of the Civic Government (Scotland) Act 1982 F2 is amended as follows.

2

In paragraph 9(3), in both sub-paragraphs (e) and (f), for “a member state of the European Union” substitute “ the United Kingdom ”.

Amendment of the Crossbows Act 1987I33

1

The Crossbows Act 1987 F3 is amended as follows.

2

In section 1A (defences), in subsection (3), after paragraph (a) insert—

aa
a UK driving licence,

Amendment of the Criminal Justice Act 1988I44

1

The Criminal Justice Act 1988 F4 is amended as follows.

2

In section 141A (sale of knives and certain articles with blade or point to persons under eighteen), in subsection (4B), after paragraph (a) insert—

aa
a UK driving licence,

Amendment of the Licensing (Scotland) Act 2005I55

1

The Licensing (Scotland) Act 2005 F5 is amended as follows.

2

In section 102 (sale of alcohol to a child or young person), in subsection (4), after paragraph (a) insert—

aa
a UK driving licence,

3

In section 108 (delivery of alcohol by or to a child or young person), in subsection (7), after paragraph (a) insert—

aa
a UK driving licence,

PART 3Amendment of subordinate legislation

Amendment of the Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007I66

1

The Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007 F6 are amended as follows.

2

In regulation 2(2)(c), omit “(other than the United Kingdom)”.

PART 4Saving provision

Saving provisionI77

The amendments made by regulation 2 do not apply in respect of an application for the grant or renewal of a licence under paragraph 6 of schedule 2 of the Civic Government (Scotland) Act 1982 received by the local authority before F7IP completion day.

ASH DENHAM Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in paragraphs 1(1) and (3) of schedule 2, and paragraph 21(b) of schedule 7, of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), 8(2)(d) and 8(3)(a) of that Act) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation relating to licensing. Part 2 amends primary legislation and Part 3 amends subordinate legislation. Part 4 provides that amendments made by regulation 2 do not apply to matters arising before exit day.

An impact assessment has not been produced for this instrument as it has no or minimal impact on business, charities or voluntary bodies.