Criminal Justice and Licensing (Scotland) Act 2010

173 Licensing: powers of entry and inspection for civilian employees

(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”.