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Civic Government (Scotland) Act 1982

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Changes over time for: Cross Heading: Notification of the decisions and giving of reasons

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Version Superseded: 07/04/2020

Status:

Point in time view as at 01/11/2016.

Changes to legislation:

Civic Government (Scotland) Act 1982, Cross Heading: Notification of the decisions and giving of reasons is up to date with all changes known to be in force on or before 02 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Notification of the decisions and giving of reasonsS

17(1)A licensing authority shall, within 10 days of being required to do so under sub-paragraph (2) below, give reasons in writing for arriving at any decision of theirs under this Schedule—S

(a)to grant or renew a licence or to refuse to do so;

(b)to consent or to refuse to consent to a material change in any premises, vehicle or vessel;

(c)to vary or refuse to vary the terms of a licence;

(d)in relation to paragraph 11 above—

[F1(ai)to revoke a licence or to refuse to do so,]

(i)to suspend a licence or to refuse to do so;

(ii)as to the period of suspension;

(iii)ordering immediate suspension;

(e)to suspend a licence under paragraph 12 above or to refuse to do so.

(2)Reasons for a decision referred to in sub-paragraph (1) above shall be given by the licensing authority on a request being made to the authority by a relevant person within [F221] days of the date of the decision.

(3)Nothing in this paragraph affects the power of the sheriff under paragraph 18 below to require a licensing authority to give reasons for a decision of the authority—

(a)which is being appealed to the sheriff under that paragraph; and

(b)for which reasons have not been given under this paragraph.

(4)In this paragraph, “relevant person” means—

(a)in respect of a decision specified in sub-paragraph (1)(a) above, the applicant or any person who made a relevant objection or representation (within the meaning of paragraph 19 below) in relation to the application to which the decision relates;

(b)in respect of a decision specified in sub-paragraphs (1)(b) to (e) above , the holder of the licence or the chief constable;

(c)in respect of a decision specified in sub-paragraphs (1)(b) to (e) above which relates to an activity wholly or mainly carried on

[F3(i)in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(ii)in any other premises] , the [F4Scottish Fire and Rescue Service] ;

(d)in respect of a decision to consent or to refuse to consent to a material change

[F5(i)in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(ii)in any other premises] , the [F6Scottish Fire and Rescue Service] ; and

(e)in respect of a decision specified in sub-paragraph (1)(d) above, any person who, in pursuance of paragraph 11(7)(b) above, was heard by the licensing authority.

Textual Amendments

F4Words in Sch. 1 para. 17(4)(c)(ii) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F6Words in Sch. 1 para. 17(4)(d)(ii) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

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