Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

21 Liability for offences committed by clubs. S

(1) In section 103 of the M1 Licensing (Scotland) Act 1976 (application for certificate of registration in respect of any club)—

(a) for subsection (5) there shall be substituted the following subsections—

“(5) Subject to subsection (5A) below, any change—

(a) made in the rules of the club; or

(b) which renders the information contained in the list lodged under subsection (3)(b) above, or as the case may be, the new list last lodged under this or the following subsection, inaccurate or incomplete.

shall be intimated to the registrar forthwith; and where the intimation is under paragraph (b) of this subsection there shall be lodged therewith a new list containing the name and address of each official and each member of the committee of management or governing body of the club after the change.

(5A) Where a change such as is mentioned in subsection (5)(b) above was made before the date on which section 21 of the Law Reform (Miscellaneous) Provisions (Scotland) Act 1980 came into force and the change was duly intimated to the registrar under the provisions of this Act applying before that date, no further intimation of the change shall be required but a new list containing the name and address of each official and each member of the committee of management or governing body of the club at that date shall forthwith be lodged with the registrar.”.

(b) in subsection (6), for the words “accompanying documents specified in subsection (3)” there shall be substituted the words “ documents specified in subsection (3), (5) or (5A) ”; and

(c) in subsection (7), for the words from “entered” to “that subsection” there shall be substituted the words “ whose name is, at the time of the contravention, contained in the list lodged under subsection (3)(b) above, or as the case may be in the new list last lodged under subsection (5) or (5A) above, in respect of that club shall be guilty of an offence under subsection (6) above ”.

(2) In each of sections 33(5), 64(6)(b), 95(2), 112(2) and 113(2) (provisions relating to offences committed by clubs) of the said Act of 1976, for the words from “entered” to “contravention” there shall be substituted the words “ whose name is, at the time of the contravention, contained in the list lodged under subsection (3)(b) of section 103 of this Act, or as the case may be in the new list last lodged under subsection (5) or (5A) of that section, in respect of that club ”; and in the said section 95(2) for the words “that subsection” there shall be substituted the words “ subsection (1) above ”.

(3) In section 111(1) (offence in relation to the management of a club) of the said Act of 1976, for the words from “entered” to “existed” there shall be substituted the words “ whose name is, at the time when the situation which gave rise to the ground of objection mentioned in any of the said paragraphs existed, contained in the list lodged under subsection (3)(b) of section 103 of this Act, or as the case may be in the new list last lodged under subsection (5) or (5A) of the said section 103, in respect of that club ”.

Modifications etc. (not altering text)

C1 The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1976 c. 66.