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Criminal Justice and Licensing (Scotland) Act 2010

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173Licensing: powers of entry and inspection for civilian employeesS

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(1)The 1982 Act is amended as follows.

(2)In section 5 (rights of entry and inspection)—

(a)in subsection (1), after “licensing authority” insert “ , an authorised civilian employee ”,

(b)in subsection (3)(a) and (b)—

(i)after “constable” where it first occurs insert “ , an authorised civilian employee ”, and

(ii)after “such an” insert “ employee or ”,

(c)in subsection (3)(c), after “constable” insert “ , an authorised civilian employee ”,

(d)in subsection (4)—

(i)after “licensing authority” insert “ , an authorised civilian employee ”, and

(ii)after “the officer” insert “ , employee ”, and

(e)in subsection (6), after “licensing authority” insert “ or authorised civilian employee ”.

(3)In section 8 (interpretation of Parts 1 and 2), after the definition of “appropriate relevant authority” insert—

authorised civilian employee” means a person—

(a)employed by a police authority under section 9(1)(a) of the Police (Scotland) Act 1967 (c.77), and

(b)authorised by the chief constable for the purposes of sections 5 and 11 of this Act;.

(4)In section 11 (inspection and testing of vehicles), in subsection (2)—

(a)after “the authority)” insert “ , an authorised civilian employee ”,

(b)in paragraph (b), after “licensing authority” insert “ , an authorised civilian employee ”, and

(c)after “authorised officer” where it last occurs, insert “ , employee ”.

(5)In paragraph 3 (miscellaneous definitions) of Schedule 2 (control of sex shops), after the definition of “appropriate relevant authority” insert—

authorised civilian employee” means a person—

(a)employed by a police authority under section 9(1)(a) of the Police (Scotland) Act 1967 (c.77), and

(b)authorised by the chief constable for the purposes of paragraph 20 of this Schedule;.

(6)In paragraph 20 of that Schedule (rights of entry and inspection)—

(a)in sub-paragraph (1), after “local authority” insert “ , an authorised civilian employee ”,

(b)in sub-paragraph (3), after “local authority” insert “ or an authorised civilian employee ”, and

(c)in sub-paragraph (5)—

(i)after “constable” where it first occurs insert “ , an authorised civilian employee ”, and

(ii)after “such” insert “ employee or ”.

Commencement Information

I1S. 173 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

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