The Custodial Sentences and Weapons (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2009

Citation and interpretation

1.—(1) This Order may be cited as the Custodial Sentences and Weapons (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2009.

(2) In this Order, “the Act” means the Custodial Sentences and Weapons (Scotland) Act 2007.

Appointed day

2.  The appointed day for the coming into force of the provisions of the Act mentioned in column 1 of the Schedule to this Order is the day specified in column 2 of the Schedule, but where a purpose is specified in relation to a provision in column 1, that provision only comes into force for the specified purpose.

Transitional provisions

3.—(1) A person who on or after 1st June 2010 does anything for which a licence is required under section 27A(1) of the Civic Government (Scotland) Act 1982(1) is not to be guilty of an offence under section 7(A1) of that Act for failure to have such a licence if–

(a) that person made an application to the licensing authority before 2nd December 2009 for the grant of a knife dealer’s licence; and

(b) the application has, through no failure on the part of that person, 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(a) when it is withdrawn by the applicant;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 Civic Government (Scotland) Act 1982 expires without an appeal against the refusal being made to the sheriff; or

(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; or

(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.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

21st May 2009