Scottish Statutory Instruments
2019 No. 6
Exiting The European Union
Criminal Law
Licenses And Licensing
The Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019
Made
15th January 2019
Laid before the Scottish Parliament
17th January 2019
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraphs 1(1) and (3) of schedule 2, and paragraph 21(b) of schedule 7, of the European Union (Withdrawal) Act 2018 M1 and all other powers enabling them to do so.
PART 1SPreliminary
Citation and commencementS
1. These Regulations may be cited as the Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019 and come into force on exit day.
Commencement Information
I1Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
PART 2SAmendment of primary legislation
Amendment of the Civic Government (Scotland) Act 1982S
2.—(1) Schedule 2 (control of sex shops) of the Civic Government (Scotland) Act 1982 M2 is amended as follows.
(2) In paragraph 9(3), in both sub-paragraphs (e) and (f), for “a member state of the European Union” substitute “ the United Kingdom ”.
Commencement Information
I2Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
M21982 c.45; paragraph 9(3) of schedule 2 was relevantly amended by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 178(3)(e).
Amendment of the Crossbows Act 1987S
3.—(1) The Crossbows Act 1987 M3 is amended as follows.
(2) In section 1A (defences), in subsection (3), after paragraph (a) insert—
“(aa)a UK driving licence,”.
Commencement Information
I3Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
M31987 c.32; section 1A was inserted by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 35(3).
Amendment of the Criminal Justice Act 1988S
4.—(1) The Criminal Justice Act 1988 M4 is amended as follows.
(2) In section 141A (sale of knives and certain articles with blade or point to persons under eighteen), in subsection (4B), after paragraph (a) insert—
“(aa)a UK driving licence,”.
Commencement Information
I4Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
M41988 c.33; section 141A was substituted by the Police, Public Order and Criminal Justice Act 2006 (asp 10), section 75(5) and amended by the Criminal Justice (Scotland) Act 2010 (asp 13), section 36(4).
Amendment of the Licensing (Scotland) Act 2005S
5.—(1) The Licensing (Scotland) Act 2005 M5 is amended as follows.
(2) In section 102 (sale of alcohol to a child or young person), in subsection (4), after paragraph (a) insert—
“(aa)a UK driving licence,”.
(3) In section 108 (delivery of alcohol by or to a child or young person), in subsection (7), after paragraph (a) insert—
“(aa)a UK driving licence,”.
Commencement Information
I5Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
PART 3SAmendment of subordinate legislation
Amendment of the Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007S
6.—(1) The Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007 M6 are amended as follows.
(2) In regulation 2(2)(c), omit “(other than the United Kingdom)”.
Commencement Information
I6Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
M6S.S.I. 2007/93, as relevantly amended by S.S.I. 2013/199.
PART 4SSaving provision
Saving provisionS
7. The amendments made by regulation 2 do not apply in respect of an application for the grant or renewal of a licence under paragraph 6 of schedule 2 of the Civic Government (Scotland) Act 1982 received by the local authority before [F1IP completion day].
Textual Amendments
F1Words in reg. 7 substituted (31.12.2020 immediately before IP completion day) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(2), 20(2)
Commencement Information
I7Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
ASH DENHAM
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
Explanatory Note
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers in paragraphs 1(1) and (3) of schedule 2, and paragraph 21(b) of schedule 7, of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), 8(2)(d) and 8(3)(a) of that Act) arising from the withdrawal of the UK from the European Union.
These Regulations make amendments to legislation relating to licensing. Part 2 amends primary legislation and Part 3 amends subordinate legislation. Part 4 provides that amendments made by regulation 2 do not apply to matters arising before exit day.
An impact assessment has not been produced for this instrument as it has no or minimal impact on business, charities or voluntary bodies.