The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009

PART 2 Amendment of statutory instruments

The Controlled Waste Regulations 1992

13.  In Schedule 4 (waste to be treated as commercial waste) to the Controlled Waste Regulations 1992(1)–

(a) omit paragraph 2(b);

(b) after paragraph 2 insert–

“2A.   In Scotland, waste from–

(a) in towns and suburbs, a house containing at least four apartments set apart exclusively for the sleeping accommodation of travellers;

(b) in rural districts and populous places not exceeding 1,000 inhabitants according to the census for the time being last taken, a house containing at least two such apartments.”.

The Town and Country Planning (Use Classes)(Scotland) Order 1997

14.  In the class 7 entry of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997(2), for “licensed for the sale of alcoholic liquor” substitute “where alcohol (within the meaning given by section 2 of the Licensing (Scotland) Act 2005) is sold, pursuant to a premises licence issued under that Act,”.

The Visiting Forces and International Headquarters (Application of Law) Order 1999

15.  In Schedule 6 to the Visiting Forces and International Headquarters (Application of Law) Order 1999(3) after the entry relating to the Public Health (Scotland) Act 1897 insert–

“The Licensing (Scotland) Act 2005 (asp 16)

In sections 63(2)(f) and 124(1)(e) the reference to the armed forces of the Crown shall include a reference to members of a visiting force or military members of a headquarters”

The Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005

16.  In Part 1 of Schedule 1 to the Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005(4), for the entry “A licensing board constituted under section 1 of the Licensing (Scotland) Act 1976” substitute “A licensing board continued in existence or established under section 5 of the Licensing (Scotland) Act 2005”.

The Prisons and Young Offenders Institutions (Scotland) Rules 2006

17.  In the Prisons and Young Offenders Institutions (Scotland) Rules 2006(5), in rule 5(1) (interpretation) in paragraph (e) of the definition of “prohibited article”(6) for “alcoholic liquor” substitute “alcohol, within the meaning given by section 2 of the Licensing (Scotland) Act 2005”.

The Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland) Order 2007

18.  In the Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland) Order 2007(7), in Schedule 1 Part 1, for the entry “A licensing board constituted under section 1 of the Licensing (Scotland) Act 1976” substitute “A licensing board continued in existence or established under section 5 of the Licensing (Scotland) Act 2005”.

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007

19.  In the Producer Responsibility Obligations (Packaging Waste) Regulations 2007(8), in regulation 38 (packaging handled by licensors and pub operating businesses)–

(a) for paragraph (4)(b)(ii) substitute–

“(ii) in Scotland, are used by the tenant for the sale by retail or supply of alcohol for consumption on the premises or both on and off the premises, and in respect of which a premises licence is in force.”.

(b) for paragraph 6 substitute–

“(6) In Scotland, in the definition of pub operating business–

(i) “alcohol” has the meaning given in section 2 of the Licensing (Scotland) Act 2005;

(ii) “premises licence” has the meaning given in section 17 of that Act.”.

(1)

S.I. 1992/588.

(2)

S.I. 1997/3061.

(3)

S.I. 1999/1736.

(4)

S.S.I. 2005/565.

(5)

S.S.I. 2006/94.

(6)

The definition of prohibited article was amended by S.S.I. 2008/377.

(7)

S.S.I. 2007/32.

(8)

S.I. 2007/871.