Part II

Licensing and Regulation—Particular Activities

Miscellaneous licences

Additional activities.
44
1
The Secretary of State may, by order made by statutory instrument, designate any activity other than one of those specified in this Part of this Act—
a
as an activity for which, subject to a resolution of the licensing authority in relation to it under section 9 of this Act, a licence shall be required and which, subject to such a resolution, shall be regulated in accordance with the provisions specified in the order; or
b
as an activity for which a licence shall be required and which shall be regulated in accordance with the provisions specified in the order.
2
An order made under this section may provide—
a
that Part I of this Act, with such modifications if any as may be specified in the order, shall have effect for the purposes of the licensing of the activity designated by the order;
b
for the regulation of the activity designated by the order;
c
for the repeal or modification of any enactment which provides (whether consistently or not) for the same matter as the order;
d
without prejudice to any provision of Part I of this Act which has effect, with or without modification, by virtue of paragraph (a) above, for the creation of offences and for making offenders liable, on summary conviction, to imprisonment for a period not exceeding 60 days or such lesser maximum period as may be specified in the order or to a fine not exceeding level 3 on the standard scale or such lesser maximum fine as may be so specified or to both such fine and such imprisonment.
3
No order shall be made under this section unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
S. 44: s. 44 power exercised by S.I. 1991/1253. For previous exercise of power see Index to Government Orders.
S. 44(1) extended by Salmon Act 1986 (c. 62, SIF 52:2), ss. 20(1), 43(1)
Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V