The Legislative Reform (Entertainment Licensing) Order 2014

Amendments to Part 3 of Schedule 1 to the Licensing Act 2003

4.  In Part 3 of Schedule 1 to the Act (provision of regulated entertainment: interpretation), after paragraph 18 insert—

“Health care providers and hospitals

19.— (1) “Health care provider” means a person providing any form of health care services for individuals.

(2) In sub-paragraph (1), “health care” means all forms of health care provided for individuals, whether relating to physical or mental health, and the reference to health care services is to be read accordingly.

(3) “Hospital”—

(a) in England, has the same meaning as in section 275 of the National Health Service Act 2006(1), and

(b) in Wales, has the same meaning as in section 206 of the National Health Service (Wales) Act 2006(2).

Local authorities

20.   “Local authority” means—

(a) a local authority within the meaning of section 270 of the Local Government Act 1972(3);

(b) the Greater London Authority;

(c) the Common Council of the City of London;

(d) the Council of the Isles of Scilly;

(e) a National Park authority established by an order under section 63(1) of the Environment Act 1995(4) for an area in England or Wales;

(f) the Broads Authority; and

(g) the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple.

Schools, school proprietors and school premises

21.— (1) “School” means—

(a) a maintained school as defined by section 20(7) of the School Standards and Framework Act 1998(5);

(b) an independent school as defined by section 463 of the Education Act 1996(6) entered on a register of independent schools kept under section 158 of the Education Act 2002(7);

(c) an independent educational institution within section 92(1)(b) of the Education and Skills Act 2008(8) entered on a register of independent educational institutions kept under section 95 of that Act;

(d) a pupil referral unit as defined by section 19 of the Education Act 1996(9);

(e) an alternative provision Academy within the meaning of section 1C(3) of the Academies Act 2010(10), other than an independent school as defined by section 463 of the Education Act 1996;

(f) a school approved under section 342 of the Education Act 1996(11) (non-maintained special schools);

(g) a 16 to 19 Academy within the meaning of section 1B(3) of the Academies Act 2010(12);

(h) a sixth form college as defined by section 91(3A) of the Further and Higher Education Act 1992(13); and

(i) a maintained nursery school as defined by section 22(9) of the Schools Standards and Framework Act 1998(14).

(2) “School proprietor” means—

(a) in relation to a school (other than a pupil referral unit or a sixth form college), the person or body of persons responsible for the management of the school,

(b) in relation to a pupil referral unit—

(i) the committee which is established to act as the management committee for that unit by virtue of paragraph 15 of Schedule 1 to the Education Act 1996(15), or

(ii) if there is no such committee, the local authority (as defined by section 579(1) of that Act(16)) which maintains that unit,

(c) in relation to a sixth form college, the sixth form college corporation as defined in section 90(1) of the Further and Higher Education Act 1992(17).

(3) In relation to a school, “premises” includes any detached playing fields.”.

(1)

2006 c. 41.

(2)

2006 c. 42.

(3)

1972 c. 70; the definition of “local authority” was amended by the Local Government Act 1985 (c. 51), Schedule 17 and the Local Government (Wales) Act 1994 (c. 19), section 1(4) and (5).

(4)

1995 c. 25.

(5)

1998 c. 31.

(6)

1996 c. 56; section 463 was substituted by the Education Act 2002 (c. 32), section 172, and amended by the Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Schedule 2, paragraph 10(1) and (2).

(7)

2002 c. 32.

(8)

2008 c. 25.

(9)

Subsections (2A) and (2B) were added by the Education Act 1996 (Amendment of Section 19) (England) Regulations 2007 (S.I. 2007/1507), regulation 2; subsections (2), (2A) and (2B) were amended by the Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 (S.I. 2010/1172), article 3.

(10)

2010 c. 32; section 1C was added by the Education Act 2011 (c. 21), section 53(1) and (7).

(11)

Section 342 was substituted by the School Standards and Framework Act 1998 (c. 31), Schedule 30, paragraphs 57 and 82, and amended by the Education and Skills Act 2008 (c. 25), sections 142(2), (3) and (4) and 143, and Schedule 2.

(12)

Section 1B was added by the Education Act 2011 (c. 21), section 53(1) and (7).

(13)

1992 c. 13; section 91(3A) was added by the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), Schedule 8, paragraph 13(1) and (3).

(14)

Section 22(9) was amended by S.I. 2010/1158, Schedule 2, paragraph 10(1) and (2).

(15)

Paragraph 15 was added by the Education Act 1997 (c. 44), section 48, and amended by the School Standards and Framework Act 1998, paragraphs 57 and 184(c) of Schedule 30, and Schedule 31; the Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002 (S.I. 2002/808), articles 2 and 31; S.I. 2010/1158, Schedule 2, paragraph 7(1) and (2); and the Education Act 2011 (c. 21), Schedule 13, paragraphs 1 and 9(19).

(16)

The definition of “local authority” in section 579(1) of that Act was substituted by S.I. 2010/1158, article 3(1) and (2)(b).

(17)

The definition of “sixth form college corporation” was added by the Apprenticeships, Skills, Children and Learning Act 2009, Schedule 8, paragraph 12(1) and (3).