Criminal Law (Consolidation) (Scotland) Act 1995

23 Interpretation of Part II. S

In this Part of this Act, unless the context otherwise requires—

• “advertised” means announced in any written or printed document or in any broadcast announcement;

• [F1 “alcohol” has the meaning given in section 2 of the Licensing (Scotland) Act 2005 (asp 16);]

• “designated” means designated by the Secretary of State by order under section 18 of this Act, and “designated sporting event” includes a sporting event designated under section 9(3)(a) of the M1 Sporting Events (Control of Alcohol) Etc. Act 1985;

• “keeper”, in relation to a vehicle, means the person having the duty to take out a licence for it under section 1(1) of the M2 Vehicles Excise and Registration Act 1994;

• [F2 “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;]

• “period of a designated sporting event” means the period commencing two hours before the start and ending one hour after the end of a designated sporting event, except that where the event is advertised as to start at a particular time but is delayed or postponed [F3 it] includes, and where for any reason an event does not take place it means, the period commencing two hours before and ending one hour after, that particular time;

• “public service vehicle” has the same meaning as in the M3 Public Passenger Vehicles Act 1981 and “operator” in relation to such a vehicle means—

  (a)

  the driver if he owns the vehicle; and

  (b)

  in any other case the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work);

• [F4 “railway vehicle” means a railway vehicle within the meaning of section 83 of the Railways Act 1993 (c.43) that is used in the provision of a railway service within the meaning of section 82 of that Act (excluding the wider meaning of “railway” given by section 81(2) of that Act);]

• “relevant area” means any part of a sports ground—

  (a)

  to which spectators attending a designated sporting event are granted access on payment; or

  (b)

  from which a designated sporting event may be viewed directly;

• “sporting event” means any physical competitive activity at a sports ground, and includes any such activity which has been advertised as to, but does not, take place; and

• “sports ground” means any place whatsoever which is designed, or is capable of being adapted, for the holding of sporting events in respect of which spectators are accommodated.

Textual Amendments

F1 S. 23: definition of "alcohol" substituted (1.9.2009 at 5.00 am) by Licensing (Scotland) Act 2005 (asp 16), ss. 144, 150, sch. 6 para. 7(3); S.S.I. 2007/472, art. 3 and the same definition substituted (1.9.2009 at 5:00 am) by virtue of The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 2(1), {Sch. 1 para. 5(3)}

F2 Definition inserted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 18(6); S.I. 1997/1712, art. 3, Sch.

F3 Word in s. 23 substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 23; S.S.I. 2011/178, art. 2, sch.

F4 S. 23: definition of "railway vehicle" substituted (1.9.2009 at 5:00 am) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 2(1), {Sch. 1 para. 5(3)}

Marginal Citations

M1 1985 c.57.

M2 1994 c.22.

M3 1981 c.14.