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Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021

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This is the original version (as it was originally enacted).

PART 3GENERAL

Guidance

Explanatory NotesShow EN

42.—(1) The Department for Communities must issue guidance about—

(a)the effect of the Licensing Order,

(b)the effect of Part 1 of this Act on that Order and the practical implementation of Part 1 of this Act, and

(c)such other matters as the Department considers appropriate in connection with licensing premises for the sale of intoxicating liquor (within the meaning of the Licensing Order).

(2) The Department for Communities must issue guidance about—

(a)the effect of the Registration of Clubs Order,

(b)the effect of Part 2 of this Act on that Order, and

(c)such other matters as the Department considers appropriate in connection with the registration of clubs.

(3) The Department for Communities must—

(a)keep any guidance issued under this section under review, and

(b)revise any guidance issued under this section if the Department considers revision to be necessary in light of review.

(4) The Department for Communities must publish any guidance issued or revised under this section.

Review

Explanatory NotesShow EN

43.—(1) The Department for Communities must review and make a report on the implementation and effectiveness of each provision of Part 1 and of each provision of Part 2—

(a)as soon as practicable after the third anniversary of the commencement of that provision, and

(b)at least once in every five years after the making of the previous report on the implementation and effectiveness of that provision.

(2) The Department for Communities must—

(a)lay a copy of each report under this section before the Assembly, and

(b)having done that, publish the report.

(3) The Department for Communities may by regulations provide that subsections (1) and (2) are to cease to have effect on the date specified; but the regulations may not specify a date which is earlier than the tenth anniversary of this Act receiving Royal Assent.

(4) Regulations under this section are not to be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

Interpretation

44.  In this Act—

“the Licensing Order” means the Licensing (Northern Ireland) Order 1996,

“the Registration of Clubs Order” means the Registration of Clubs (Northern Ireland) Order 1996, and

“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954.

Minor and consequential amendments

Explanatory NotesShow EN

45.—(1) Schedule 1, which contains minor amendments and amendments consequential on provision made by this Act, has effect.

(2) The Department for Communities may by regulations make provision in consequence of this Act.

(3) Regulations under this section may—

(a)amend, repeal, revoke or otherwise modify a statutory provision;

(b)include transitional, transitory or saving provision in connection with the coming into operation of provision made by the regulations.

(4) Regulations under this section are subject to negative resolution, except as mentioned in subsection (5).

(5) Regulations under this section which contain (whether alone or with other provision) provision that amends the text of Northern Ireland legislation or an Act of Parliament are not to be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(6) The power conferred by this section is not restricted by any other provision of this Act.

Repeals

46.  The statutory provisions specified in Schedule 2 are repealed to the extent specified.

Commencement and short title

47.—(1) The following provisions of this Act come into operation on the day after Royal Assent—

(a)section 44,

(b)section 45(2) to (6),

(c)this section, and

(d)in Schedule 1, paragraphs 1, 7(1) and (3), 11, 14 and 16 and section 45(1) so far as relating to those provisions.

(2) The other provisions of this Act come into operation on such day or days as the Department for Communities may by order appoint.

(3) An order under this section may make such transitional or saving provision, or such transitory modifications of this Act, as the Department considers appropriate in connection with the coming into operation of a provision of this Act.

(4) This Act may be cited as the Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021.

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