The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006

Scottish Statutory Instruments

2006 No. 43

LICENCES AND LICENSING

PUBLIC HEALTH

The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006

Made

1st February 2006

Coming into force in accordance with article 1

The Scottish Ministers, in exercise of the powers conferred by section 44(1)(b) and (2) of the Civic Government (Scotland) Act 1982 M1 and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 44(3) of that Act, been laid before and approved by a resolution of the Scottish Parliament:

Marginal Citations

M1 1982 c. 45; the functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Citation, commencement and interpretation S

1.—(1) This Order may be cited as the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 and shall come into force on the day after the day on which it is made.

(2) In this Order–

“the 1982 Act” means the Civic Government (Scotland) Act 1982;

“acupuncture” means the insertion of needles into living tissue for remedial or therapeutic purposes;

“cosmetic body piercing” means the perforation of the skin and underlying tissue in order to create a tunnel in the skin through which jewellery may be inserted;

“electrolysis” means the removal of body hair by electrocution of the hair roots with an electrified needle;

[F1 “regulated health care professional” means a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;]

F2 ...

F2 ...

“skin piercing” includes any of the following–

(a)

acupuncture;

(b)

cosmetic body piercing; or

(c)

electrolysis; and

“tattooing” means the insertion into the skin of any colouring material designed to leave a semi-permanent or permanent mark including micro pigmentation.

Textual Amendments

F1 Words in art. 1(2) inserted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(2)(b) (with art. 3)

F2 Words in art. 1(2) omitted (12.12.2006) by virtue of The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(2)(a) (with art. 3)

Licensing of activity S

2.—(1) The activity specified in paragraph (2) is hereby designated as an activity for which a licence under Part I of the 1982 Act shall be required, but no such licence shall be required–

(a) in respect of the carrying on of that activity before 1st April 2006; or

[F3 (b) for the carrying on of that activity by a regulated health care professional.]

(2) The activity referred to in paragraph (1) is the carrying on of a business which provides skin piercing or tattooing.

Textual Amendments

F3 Art. 2(1)(b) substituted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(3) (with art. 3)

Application of Part I of the 1982 Act S

3.  Part I of the 1982 Act shall have effect, subject to the modifications specified in the Schedule, for the purposes of the licensing of the activity designated by article 2.

Transitional provision S

4.—(1) A person who on or after 1st April 2006 carries on the activity designated by article 2 without a licence under Part I of the 1982 Act shall not be guilty of an offence under section 7(1) of that Act M2 if–

(a) that person made application to the licensing authority before that date for the grant of a licence under Part I of that Act in respect of the activity being carried on by the person; and

(b) that application has not yet been finally determined.

(2) For the purposes of paragraph (1)(b), an application is finally determined–

(a) when it is withdrawn by the applicant;

(b) when it is refused by the licensing authority and the period of 28 days specified in paragraph 18(4) of Schedule 1 to the 1982 Act expires without an appeal against the refusal being made to the sheriff;

(c) in a case where an appeal is made against a refusal by the licensing authority, when that appeal is disposed of.

(3) For the purposes of paragraph (2)(c), an appeal is disposed of–

(a) when it is abandoned by the appellant;

(b) when a decision on it is made by the sheriff or a higher court and any period for making a subsequent appeal to a higher court expires without such a subsequent appeal being made.

Marginal Citations

M2 Section 7(1) was amended by the Entertainments (Increased Penalties) Act 1990 (c. 20), section 2(1); the reference in section 7(1) to a fine not exceeding £500 became a reference to a fine not exceeding level 4 on the standard scale by virtue of section 289G of the Criminal Procedure (Scotland) Act 1975 (c. 21), which section by consolidation became section 225 of the Criminal Procedure (Scotland) Act 1995 (c. 46).

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

Article 3

SCHEDULE S APPLICATION OF PART I OF THE 1982 ACT

1.  Part I of the 1982 Act shall have effect subject to the modifications in paragraphs 2 to 7 of this Schedule. S

2.  In section 3 (discharge of functions of licensing authorities)– S

(a) in subsection (1), for “[F4 6] [F4 9] months” substitute “ 12 months ”; and

(b) in subsections (2) and (4), for “[F4 6] [F4 9] month” substitute in each place “ 12 month ”.

Textual Amendments

F4 Word in sch. para. 2 substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 6 para. 1(10) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1) (with saving in S.S.I. 2022/261, regs. 1, 16))

3.  In section 6 (powers of entry to and search of unlicensed premises)– S

(a) in subsections (1) and (2), after “constable” in each place insert “ (or any authorised officer of the licensing authority) ”;

(b) in subsection (3)–

(i) after “uniform” insert “ (and where the person executing the warrant is an authorised officer of a licensing authority, that officer) ”; and

(ii) after “constable” where it second occurs insert “ (or such authorised officer of the licensing authority) ”; and

(c) in subsection (4) M3 –

(i) after “constable” where it first occurs insert “ (or authorised officer of the licensing authority) ”; and

(ii) after “constable” where it second occurs insert “ (or such authorised officer) ”.

Marginal Citations

M3 The reference in section 6(4) to a fine not exceeding £200 became a reference to a fine not exceeding level 3 on the standard scale by virtue of section 289G of the Criminal Procedure (Scotland) Act 1975 (c. 21), which section by consolidation became section 225 of the Criminal Procedure (Scotland) Act 1995 (c. 46).

4.  In paragraph 4 of Schedule 1– S

(a) before sub paragraph (1) insert–

“(A1) Where the application for the grant or renewal of a licence which is made for the carrying on of a business which provides skin piercing or tattooing specifies the address of the premises from which the activity is to be carried on as required by paragraph 1(2)(d) above, the licensing authority shall not make a final decision upon the application unless an authorised officer of the licensing authority has visited and inspected the premises.”; and

(b) in sub paragraph (1) at the beginning insert “ Without prejudice to the requirement at sub paragraph (A1) above, ”.

5.  In paragraph 5 of Schedule 1– S

(a) in sub–paragraph (1)(a) at the beginning insert “ subject to sub–paragraphs (2C) and (2D) below, ”;

(b) after sub–paragraph (2) insert–

“(2A) Where the licensing authority is considering an application for the grant or renewal of a licence–

(a) for the carrying on of a business which provides skin piercing or tattooing; and

(b) where the activity is to be carried out wholly or mainly in premises,

the licensing authority shall not grant the licence unless it is [F5 satisfied that–

(i) in the case where the business provides only ear piercing and no other kind of skin piercing or tattooing the conditions in sub-paragraph (2BA) below are met; and

(ii) in all other cases the conditions in sub-paragraph (2B) below are met.]

(2B) The conditions [F6 referred to in sub-paragraph (2A) (ii) above] are that–

(a) separate rooms are provided for–

(i) the waiting area; and

(ii) the carrying out of skin piercing or tattooing;

(b) the waiting area has displayed a notice advising–

(i) that skin piercing and tattooing will not be carried out on any person under the influence of alcohol or drugs;

(ii) that skin piercing will not be carried out on any child under the age of 16 unless accompanied by a person who has parental rights and responsibilities in respect of that child and who has also given their consent in writing to the skin piercing; and

(iii) that tattooing will not be carried out on any person under the age of 18;

(c) the room to be used for the purposes of carrying out the skin piercing or tattooing has the following facilities–

(i) a [F7 wash-hand basin] with hot and cold running water and which uses non-hand operated taps;

(ii) a paper towel holder containing paper towels;

(iii) a soap dispenser containing soap;

(iv) a washable bench or chair with disposable paper sheet;

(v) a dispenser containing alcohol solution;

(vi) a waste bucket with a pedal operated lid;

(vii) a sharps container for storage of needles after use; and

(viii) a first aid kit;

[F8 (ca) there is a general purpose sink with hot and cold running water on the premises separate from the wash-hand basin required under sub-paragraph (2B)(c)(i) above;]

(d) [F9 unless only disposable instruments are used within the premises for skin piercing or tattooing,] the following equipment is stored and properly maintained for use on the premises–

(i) ultrasonic cleaners;

(ii) instrument baths; and

(iii) autoclaves and autoclaves pouches; and

(e) the premises are well ventilated and illuminated for the purposes of skin piercing and tattooing.

[F10 (2BA) The conditions referred to in sub-paragraph (2A) (i) above are that–

(a) a separate area with a washable chair with disposable paper sheet has been designated for the carrying out of ear piercing;

(b) the designated area has displayed a notice advising–

(i) that ear piercing will not be carried out on any person under the influence of alcohol or drugs;

(ii) that ear piercing will not be carried out on any child under the age of 16 unless accompanied by a person who has parental rights and responsibilities in respect of that child and who has also given their consent in writing to the ear piercing;

(c) the premises to be used for the purposes of carrying out ear piercing has the following facilities–

(i) a wash-hand basin with hot and cold running water;

(ii) a paper towel holder containing paper towels;

(iii) a soap dispenser containing soap;

(v) a dispenser containing alcohol solution; and

(vi) a waste bucket with a pedal operated lid; and

(d) the premises are well ventilated and illuminated.]

(2C) [F11 Without prejudice to the generality of sub paragraph (2) above or the requirements of sub-paragraphs (2A), (2B) and (2BA) above], where a licensing authority grants or renews a licence for the carrying on of a business which provides skin piercing or tattooing and the activity is to be carried out wholly or mainly in premises, the following conditions shall be imposed–

(a) the accommodation and facilities within the premises are to be maintained in good repair and in a good state of cleanliness;

(b) only sterile single use disposable needles may be used for skin piercing or tattooing;

(c) for the purposes of tattooing, only sterile pigment [F12 dispensed into single use pots] or ink pre–packed in single use vials may be used;

(d) the activity of tattooing or skin piercing [F13 (other than acupuncture)] must be carried out by an operator wearing disposable [F14 non latex gloves], which must be changed for each client;

[F15 (da) subject to paragraph (db), the activity of acupuncture must be carried out by an operator who has washed their hands immediately before carrying out the activity of acupuncture on each client;

(db) the activity of acupuncture must be carried out by an operator wearing disposable non latex gloves that have not previously been used with another client where–

(a) the operator has an open lesion on their hands;

(b) the operator is handling items that may be contaminated with blood or other body fluids;

(c) the client is bleeding or has an open lesion on an exposed part of the client’s body; or

(d) the client is known by the operator to be infected with a blood-borne virus;]

[F16 (e) a supply of the following must be maintained–

(i) disposable non latex gloves;

(ii) sterile single-use disposable needles; and

(iii) where tattooing is provided within the premises, disposable razors;]

(f) any equipment which is not disposable shall be [F17 sterilised, if practicable, or] thoroughly cleaned with fresh disinfectant after each use;

(g) skin piercing shall not be carried out on a child under the age of 16 unless accompanied by a person who has parental rights and responsibilities in respect of that child and who has also given their consent in writing to the skin piercing;

(h) any equipment which is disposable must be disposed of immediately after use in an appropriate waste receptacle;

[F18 (i) for ear piercing–

(i) a sterile cartridge for ear piercing; and

(ii) pre-sterilised jewellery supplied in packaging which indicates the part of the body for which it is intended,

must be used];

(j) for tongue piercing, a sterilised clamp must be used; and

(k) information, in an easy to understand format, must be provided to prospective clients to explain–

(i) the process of the skin piercing or tattooing;

(ii) the risks of the procedure; and

(iii) the after care requirements of the procedure.

(2D) Without prejudice to the generality of sub–paragraph (2) above F19 ..., where a licensing authority grants or renews a licence for the carrying on of a business which provides skin piercing or tattooing and the activity is not to be carried out wholly or mainly in premises, the following conditions shall be imposed–

(a) disposable [F20 non latex gloves] must [F21 , except for the activity of acupuncture,] be worn and changed for each client;

[F22 (aa) subject to paragraph (ab), the activity of acupuncture must be carried out by an operator who has washed their hands immediately before carrying out the activity of acupuncture on each client;

(ab) the activity of acupuncture must be carried out by an operator wearing disposable non latex gloves that have not previously been used with another client where–

(a) the operator has an open lesion on their hands;

(b) the operator is handling items that may be contaminated with blood or other body fluids;

(c) the client is bleeding or has open lesions on an exposed part of the client’s body; or

(d) the client is known by the operator to be infected with a blood-borne virus;]

(b) the skin piercing or tattooing may only be carried out through use of disposable razors or [F23 sterile single use disposable needles];

[F24 (ba) for the purposes of tattooing, only sterile pigment dispensed into single use pots or ink pre-packed in single use vials may be used;]

(c) any seating used for the skin piercing or tattooing must be washable and covered with a disposable paper sheet which shall be renewed after each use;

(d) any equipment which is not disposable shall be [F25 sterilised, if practicable, or] thoroughly cleaned with fresh disinfectant after each use;

(e) any equipment which is disposable must be disposed of immediately after use in an appropriate waste receptacle;

(f) for tongue piercing, a sterilised clamp must be used;

[F26 (g) for ear piercing–

(i) a sterile cartridge for ear piercing, and

(ii) pre-sterilised jewellery supplied in packaging which indicates the part of the body for which it is intended,

must be used;]

(h) skin piercing shall not be carried out on a child under the age of 16 unless accompanied by a person who has parental rights and responsibilities in respect of that child and who has also given their consent in writing to the skin piercing; and

(i) information, in an easy to understand format, must be provided to prospective clients to explain–

(i) the process of the skin piercing or tattooing;

(ii) the risks of the procedure; and

(iii) the after care requirements of the procedure.”;

(c) at the beginning of sub–paragraph (3) insert “ Subject to sub–paragraph (3A) below, ”;

(d) after sub–paragraph (3) insert–

“(3A) For the purposes of sub–paragraph (3)(a)(ii) above, where the licence applied for is for the carrying on of a business which provides skin piercing or tattooing, the licensing authority, when determining whether the applicant is a fit and proper person to be the holder of the licence, shall have regard to the knowledge, skill, training and experience which the applicant (or, where the applicant is not a natural person, those individuals who will be carrying on the activity or activities) can demonstrate in relation to the activity or activities which are to be carried on.”;

(e) after sub–paragraph (7) insert–

“(7A) Where a licensing authority makes out a licence under sub–paragraph (7) above for the carrying on of a business which provides skin piercing or tattooing, the licence shall specify–

(a) the name and address of the person to whom the licence is granted;

(b) the address of the premises (if any) in which the activity is to be carried out; and

(c) where the premises are used for the carrying on of any trade or business, the name of that business.”.

Textual Amendments

F5 Words in sch. para. 5(b) substituted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(a) (with art. 3)

F6 Words in sch. para. 5(b) substituted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(b) (with art. 3)

F7 Words in sch. para. 5(b) substituted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(c) (with art. 3)

F8 Words in sch. para. 5(b) inserted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(d) (with art. 3)

F9 Words in sch. para. 5(b) inserted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(e) (with art. 3)

F10 Words in sch. para. 5(b) inserted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(f) (with art. 3)

F11 Words in sch. para. 5(b) substituted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(g) (with art. 3)

F12 Words in sch. para. 5(b) inserted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(h) (with art. 3)

F13 Words in sch. para. 5(b) inserted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(i)(i) (with art. 3)

F14 Words in sch. para. 5(b) substituted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(i)(ii) (with art. 3)

F15 Words in sch. para. 5(b) inserted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(j) (with art. 3)

F16 Words in sch. para. 5(b) substituted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(k) (with art. 3)

F17 Words in sch. para. 5(b) inserted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(l) (with art. 3)

F18 Words in sch. para. 5(b) substituted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(m) (with art. 3)

F19 Words in sch. para. 5(b) omitted (12.12.2006) by virtue of The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(n) (with art. 3)

F20 Words in sch. para. 5(b) substituted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(o)(i) (with art. 3)

F21 Words in sch. para. 5(b) inserted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(o)(ii) (with art. 3)

F22 Words in sch. para. 5(b) inserted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(p) (with art. 3)

F23 Words in sch. para. 5(b) substituted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(q) (with art. 3)

F24 Words in sch. para. 5(b) inserted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(r) (with art. 3)

F25 Words in sch. para. 5(b) inserted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(s) (with art. 3)

F26 Words in sch. para. 5(b) substituted (12.12.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 (S.S.I. 2006/604), arts. 1(1), 2(4)(t) (with art. 3)

6.  In paragraph 8(3) of Schedule 1 after “Act” insert “ or in the case where a licence has been granted for the carrying on of a business which provides skin piercing or tattooing ”. S

7.  After paragraph 19 of Schedule 1 insert– S

“20.   In this Schedule, “parental responsibilities” in relation to a child has the meaning given by section 1(3) of the Children (Scotland) Act 1995 M4 and “parental rights” in relation to a child has the meaning given by section 2(4) of that Act.

21.   In this Schedule–

“autoclave” means a pressure vessel in which the lid is sealed by the internal pressure in the vessel and which is used to steam sterilise equipment used for skin piercing or tattooing;

“sharps container” means a container used for holding medical waste and devices which can cause physical injury;

“skin piercing” and “tattooing” have the same meanings as in the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006; and

“ultrasonic cleaner” means a cleaning device which uses sound waves propagated through an aqueous medium at frequencies higher than the audible range.”.

Marginal Citations

M4 1995 c. 36.

Explanatory Note

(This note is not part of the Order)

This Order designates the activity of the carrying on of a business which provides skin piercing or tattooing as an activity for which a licence under the Civic Government (Scotland) Act 1982 (“the 1982 Act”) shall be required in terms of section 44(1)(b) of that Act (article 2). Skin piercing and tattooing are defined in article 1(2). An exemption from the licensing regime is provided where a registered medical practitioner carries out the activity in certain circumstances (article 2).

The licensing provisions at Part I of the 1982 Act (including Schedule 1) will apply to such licences with the following modifications as set out in the Schedule to the Order–

(a)

allowing local authorities 12 months (rather than 6) to determine licence applications (paragraph 2 of the Schedule);

(b)

granting a power of search of unlicensed premises to officers of the licensing authority (paragraph 3 of the Schedule);

(c)

requiring the licensing authority to inspect the premises prior to making a final decision on the application (paragraph 4 of the Schedule);

(d)

allowing a licence to be granted where the activity is to be carried out wholly or mainly in premises but also where the activity is not restricted to premises. Paragraph 5 of the Schedule sets certain pre-conditions which must be met before the licensing authority grant the application where the activity is to be carried out wholly or mainly in premises. Paragraph 5 further provides that certain mandatory conditions will attach to the grant or renewal of a licence, stipulating the conditions which will be imposed in each case where the activity is to be carried out wholly or mainly in premises (new paragraph 5(2C) of Schedule 1 to the 1982 Act) or otherwise for all other licences for the activity (new paragraph 5(2D)). One of the conditions attaching to the grant of any licence is that skin piercing should not be carried out on a person under the age of 16 years unless the consent of a person with parental rights and responsibilities is obtained;

(e)

disapplying paragraph 8(3) of Schedule 1 to the 1982 Act which provides that, on the death of a licence holder, the licence shall be deemed to have been granted to his executor and will remain in force for 3 months from the death of the licence holder (paragraph 6 of the Schedule); and

(f)

providing additional definitions in Schedule 1 to the 1982 Act (paragraph 7 of the Schedule).

The Order requires the designated activity to be licensed as from 1st April 2006 but transitional provision is made where an application is made before that date for the grant of an appropriate licence (article 4). In such a case, the activity may be carried on (without a licence) until the licensing authority has made a decision on the licence and, where a decision to refuse an application is then appealed to the sheriff, until that appeal has been disposed of.