Civic Government (Scotland) Act 1982

Part II E+W+S Licensing and Regulation—Particular Activities

9 Application of sections 10 to 27 and 38 to 44. S

(1) Sections 10 to 27 (except section 20), any regulations made under the said section 20, and sections 38 to 43 [F1 (except section 41A)] of this Act and any order made under section 44(1)(a) of this Act (which sections regulations and order are in this section called the “optional provisions”) shall have effect in the area of a licensing authority only if and insofar as the authority have so resolved in accordance with subsections (2) to (8) below.

(2) A licensing authority may, in accordance with this section, resolve that, as from a day specified in the resolution (which must not be before the expiration of the period of nine months beginning with the day on which the resolution was made) any activity provision for the licensing and regulation of which is made by the optional provisions shall require to be licensed in accordance with the provisions of this Act relating to that activity and shall be regulated by those provisions.

(3) Subject to subsections (4) and (5) below, a resolution under this section may be made—

(a) in relation to all or any of the activities referred to in subsection (2) above;

(b) in relation to the whole or any part of the area of the licensing authority;

(c) in relation to—

(i) all classes of an activity referred to in any of the optional provisions; or

(ii) all such classes subject to exceptions; or

(iii) any particular such class or classes.

(4) A licensing authority may not make a resolution under this section relating to any of the activities provision for the licensing and regulation of which is made in sections 10 to 23 of this Act (that is to say the operation of a vehicle as a taxi, the operation of a vehicle as a hire car, the driving of a taxi and the driving of a hire car) unless it relates to all these activities.

(5) A resolution made under this section by the licensing authority relating to—

(a) the activity provision for the licensing and regulation of which is made in sections 24 to 27 of this Act (that is to say the carrying on of business as a second-hand dealer) shall specify the particular class or classes of that activity which shall thereby fall to be licensed and regulated;

(b) the activity provision for the licensing of which is made in section 41 of this Act (that is to say the use of premises as a place of public entertainment) shall specify the place or places, or class or classes thereof, which shall thereby fall to be licensed.

(6) A licensing authority shall not make a resolution under this section unless they have—

(a) published in a newspaper or newspapers circulating in their area the terms of the proposed resolution together with a notice stating—

(i) that they intend to make the resolution; and

(ii) that representations about the resolution may be made in writing to the authority within 28 days of the first publication of the notice; and

(b) considered any representations so made.

(7) A licensing authority, before proceeding to make a resolution under this section, may make such modifications to the proposed resolution as they think fit in the light of representations made to them about it provided such modifications do not extend its scope.

(8) The licensing authority shall, as soon as they have made a resolution under subsection (2) above, publish in a newspaper or newspapers circulating in their area—

(a) the terms of the resolution so made; together with

(b) a notice stating—

(i) that with effect from the date specified as that on which the resolution comes into effect it will be an offence under section 7(1) of this Act to do without a licence whatever the resolution specifies as being an activity requiring to be licensed; and

(ii) that applications for licences in respect of the activity will be considered by the authority after the expiry of one month after the date of the making of the resolution.

(9) A resolution under this section may be varied or rescinded by a subsequent resolution made in like manner except that, in relation to the time when it takes effect, a resolution under this subsection—

(a) varying a resolution under this section so as to reduce its scope; or

(b) rescinding a resolution under this section

shall take effect on such date as may be specified in it being any date subsequent to the making of the resolution.

(10) Anything which must or may be done under or by virtue of Part I or this Part of this Act may, at any time after the making by the licensing authority of the resolution, be done so far as may be necessary or expedient for the purpose of giving full effect to the resolution at or after the time it takes effect but no application for a licence in respect of an activity requiring to be licensed in consequence of the resolution shall be considered by the authority until the expiry of one month after the making of the resolution.

Textual Amendments

F1 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:2), s. 44(4)

Modifications etc. (not altering text)

C1 S. 9 applied (until 1.4.1996) by S.I. 1995/1878, art. 3

C2 S. 9(9) modified (until 1.4.1996) by S.I. 1995/1878, art. 3

Licensing and regulation of taxis and private hire cars E+W+S

10 Taxi and private hire car licences. S

(1) A licence, to be known as a “taxi licence” or, as the case may be, a “private hire car licence”, shall be required for the operation of a vehicle as—

(a) a taxi; or

(b) a private hire car.

(2) A licensing authority shall not grant or renew a taxi licence or private hire car licence unless they are satisfied that the vehicle to which the licence is to relate is suitable in type, size and design for use as a taxi or private hire car, as the case may be, and is safe for that use, and that there is in force in relation to the vehicle such a policy of insurance or such security as complies with Part VI of the M1 Road Traffic Act 1972.

[F2 (3) Without prejudice to paragraph 5 of Schedule 1 to this Act, the grant of a taxi licence may be refused by a licensing authority for the purpose of limiting the number of taxis in respect of which licences are granted by them if, but only if, they are satisfied that there is no significant demand for the services of taxis in their area which is unmet.]

(4) A vehicle shall, for the purposes of subsection (2) above, be treated by a licensing authority [F3 —

(a)] as being suitable in type, size and design if it complies with regulations in that regard made by the Secretary of State under section 20(2) of this Act in respect of their area[F4 ; and

(b) as not being so suitable if it does not so comply.]

(5) A taxi licence or private hire car licence shall extend to the operation of a vehicle substituted for the vehicle in respect of which the licence was granted or, as the case may be, last renewed if the licensing authority are as respects the substitute vehicle satisfied as to the matters specified in subsection (2) above, and where a taxi licence or private hire car licence extends under this subsection to a substitute vehicle, subsection (6) below shall not apply in respect of the vehicle replaced by the substitute vehicle.

(6) Subject to subsection (5) above, the holder of a taxi or private hire car licence shall within 28 days of his selling or otherwise disposing of the vehicle to which the licence relates deliver to the licensing authority his licence and any licence plate or other thing which has been issued by the licensing authority for the purpose of indicating that the vehicle is a taxi or, as the case may be, private hire car, and if without reasonable excuse he fails to do so he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F5 level 2 on the standard scale].

Textual Amendments

F2 S. 10(3) substituted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 23(5)

F3 Words in s. 10(4) renumbered as s. 10(4)(a) (5.2.2003) by Disability Discrimination Act 1995 (c. 50), ss. 39(2)(a), 70(3) (with ss. 59, 64, 65); S.I. 2003/215, art. 2

F4 S. 10(4)(b) and word added (5.2.2003) by Disability Discrimination Act 1995 (c. 50), ss. 39(2)(b), 70(3) (with ss. 59, 64, 65); S.I. 2003/215, art. 2

F5 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

Marginal Citations

M1 1972 c. 20.

11 Inspection and testing of vehicles. S

(1) The holder of a taxi or private hire car licence shall present the taxi or private hire car for inspection and testing by or on behalf of the licensing authority within such period and at such place as they may by notice reasonably require.

(2) An authorised officer of a licensing authority (as respects a taxi or private hire car licensed for the area of the authority) [F6 , an authorised civilian employee] or a constable shall have power at any reasonable time to inspect and test, for the purpose of ascertaining its fitness, a licensed taxi or private hire car or, for the purpose of testing its fitness or accuracy, any taximeter and if he is not satisfied as to the safety of the taxi or private hire car for the carriage of passengers or as to the fitness or accuracy of the taximeter he may by notice in writing—

(a) require the holder of the taxi or private hire car licence to make the taxi, private hire car or taximeter, as the case may be, available for further inspection at such reasonable time and place as may be specified in the notice;

(b) suspend the licence until such time as an authorised officer of the licensing authority [F7 , an authorised civilian employee] or a constable is so satisfied:

Provided that, if an authorised officer [F8 , employee] or constable is not so satisfied before the expiration of a period of 28 days from the date of the suspension of the licence, the said licence shall, by virtue of this subsection, be deemed to have been suspended by the licensing authority under paragraph 11 of Schedule 1 to this Act.

Textual Amendments

F6 Words in s. 11(2) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 173(4)(a), 206(1); S.S.I. 2010/413, art. 2, sch.

F7 Words in s. 11(2)(b) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 173(4)(b), 206(1); S.S.I. 2010/413, art. 2, sch.

F8 Word in s. 11(2) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 173(4)(c), 206(1); S.S.I. 2010/413, art. 2, sch.

12 Fees for taxi and private hire car licences. S

A licensing authority shall charge such fees in respect of taxi and private hire car licences and applications for such licences as may be resolved by them from time to time and shall seek to ensure that the total amount of such fees is sufficient to meet the expenses incurred by them in carrying out their functions under sections 10 to 23 (other than section 19) of this Act in relation to such licences.

13 Taxi and private hire car driving licences. S

(1) A licence, to be known as a “taxi driver’s licence” or, as the case may be, a “private hire car driver’s licence”, shall, subject to subsection (2) below, be required for driving or otherwise having charge of a taxi or private hire car.

(2) A private hire car driver’s licence shall not be required by the holder of a taxi driver’s licence for driving or otherwise having charge of a private hire car whilst in operation as such.

(3) A licensing authority shall not grant a licence to any person under this section unless that person has held, [F9 throughout the period of 12 months immediately] prior to the date of his application, a licence authorising him to drive a motor car issued under Part III of the M2 Road Traffic Act 1972 or a licence which would at the time of his application entitle him to such a licence without taking a test, not being a provisional licence.

[F10 (3A) A licensing authority shall not grant a licence to any person under this section unless the authority is satisfied that the person is not disqualified by reason of the person's immigration status from driving a taxi or private hire car.

(3B) Section 13A makes provision for the purposes of subsection (3A) about the circumstances in which a person is disqualified by reason of the person's immigration status from driving a taxi or private hire car.

(3C) In determining for the purposes of subsection (3A) whether a person is disqualified by reason of the person's immigration status from driving a taxi or private hire car, a licensing authority must have regard to any guidance issued by the Secretary of State.]

(4) A licensing authority may, at any time, for the purposes of satisfying themselves that he is physically fit to drive a taxi or, as the case may be, private hire car, require an applicant for or holder of a taxi driver’s licence or private hire car driver’s licence to submit to medical examination, at their expense, by a medical practitioner nominated by them.

(5) A licensing authority may require an applicant for a taxi driver’s licence [F11 or a private hire car driver's licence] to take a test of his knowledge of the area to which the licence is to relate, of the layout of roads in that area and such other matters relating to the operation of a taxi [F12 or, as the case may be, private hire car] as the authority consider desirable, and the authority may refuse to grant a licence to a person who does not satisfy them that he has adequate knowledge of any of these matters.

(6) If a person holding a licence under this section ceases for any reason to be authorised by law to drive on a road . . . F13 the vehicle to which the licence relates, the licence shall cease to have effect.

Textual Amendments

F9 Words in s. 13(3) substituted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 174(2), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)

F10 S. 13(3A)-(3C) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 30 (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i)

F11 Words in s. 13(5) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 64(a), 88(2); S.S.I. 2016/307, art. 2, sch.

F12 Words in s. 13(5) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 64(b), 88(2); S.S.I. 2016/307, art. 2, sch.

F13 Words repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

Modifications etc. (not altering text)

C3 S. 13(3A)-(3C) applied (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 56(9); S.I. 2016/1037, reg. 5(i)

Marginal Citations

M2 1972 c. 20.

[F14 13A Persons disqualified by reason of immigration status E+W+S

(1) For the purposes of section 13(3A) a person is disqualified by reason of the person's immigration status from driving a taxi or private hire car if the person is subject to immigration control and—

(a) the person has not been granted leave to enter or remain in the United Kingdom, or

(b) the person's leave to enter or remain in the United Kingdom—

(i) is invalid,

(ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or

(iii) is subject to a condition preventing the person from driving a taxi or private hire car.

(2) Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—

(a) the person is to be treated for the purposes of this section as if the person had been granted leave to enter the United Kingdom, but

(b) any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.

(3) For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.]

Textual Amendments

F14 S. 13A inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 31; S.I. 2016/1037, reg. 5(i) (with reg. 6)

14 Signs on vehicles other than taxis. S

(1) Subject to subsection (2) below, there shall not be displayed on or in a private hire car any word, sign, notice, mark, illumination or other feature which may suggest that the vehicle is available for hire as a taxi.

(2) Subsection (1) above does not apply in relation to any licence plate or other thing issued by the licensing authority for the purpose of indicating that the vehicle to which it relates is a private hire car or in relation to any sign required by virtue of section 21 of the M3 Vehicles (Excise) Act 1971.

(3) Any person who—

(a) drives a vehicle in respect of which subsection (1) is contravened; or

(b) causes or knowingly permits that subsection to be contravened in respect of any vehicle,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F15 level 3 on the standard scale].

Textual Amendments

F15 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

Marginal Citations

M3 1971 c. 10.

15 Operation of taxis outside licensing areas. S

(1) A licensing authority, with the agreement of another licensing authority, may name destinations or classes of destinations in the area of the other authority and, with the agreement aforesaid, fix scales under section 17 of this Act for journeys from their area by taxis licensed by them to such destinations or classes thereof.

(2) The conditions to which a taxi or taxi driver’s licence are subject shall continue to apply while the taxi or its driver is engaged in such a journey.

(3) Nothing in this section or in Part I of this Act enables a condition to be imposed in a taxi driver’s licence requiring him to make any journey to a destination outside the area in respect of which he is licensed.

16 Journeys in England and Wales by vehicles and drivers licensed under this Act. E+W+S

In section 75 of the M4 Local Government (Miscellaneous Provisions) Act 1976 (saving for certain vehicles from requirements of Part II of that Act as to private hire vehicles), after subsection (2) there shall be inserted—

“(2A) Where a vehicle is being used as a taxi or private hire car, paragraphs (a), (b) and (c) of section 46(1) of this Act shall not apply to the use or driving of the vehicle or the employment of a person to drive it if—

(a) a licence issued under section 10 of the Civic Government (Scotland) Act 1982 for its use as a taxi or, as the case may be, private hire car is then in force, and

(b) the driver holds a licence issued under section 13 of that Act for the driving of taxis or, as the case may be, private hire cars.

In this subsection, “private hire car” and “taxi” have the same meaning as in sections 10 to 22 of the Civic Government (Scotland) Act 1982”

Modifications etc. (not altering text)

C4 The text of ss. 16, 18(11), 51(7) and 52(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M4 1976 c. 57.

17 Taxi fares. S

(1) The fares for the hire of taxis in any area and all other charges in connection with the hire of a taxi or with the arrangements for its hire shall be not greater than those fixed for that area under this section and section 18 of this Act.

[F16 (2) The licensing authority must fix scales for the fares and other charges mentioned in subsection (1) within 18 months beginning with the date on which the scales came into effect.

(3) In fixing scales under subsection (2), the licensing authority may—

(a) alter fares or other charges,

(b) fix fares or other charges at the same rates.

(4) Before fixing scales under subsection (2), the licensing authority must review the scales in accordance with subsection (4A).

(4A) In carrying out a review, the licensing authority must—

(a) consult with persons or organisations appearing to it to be, or to be representative of, the operators of taxis operating within its area,

(b) following such consultation—

(i) review the existing scales, and

(ii) propose new scales (whether at altered rates or the same rates),

(c) publish those proposed scales in a newspaper circulating in its area—

(i) setting out the proposed scales,

(ii) explaining the effect of the proposed scales,

(iii) proposing a date on which the proposed scales are to come into effect, and

(iv) stating that any person may make representations in writing until the relevant date, and

(d) consider any such representations.

(4B) In subsection (4A)(c)(iv) “the relevant date” is a date specified by the licensing authority falling at least one month after the first publication by the authority of the proposed scales.

(4C) After fixing scales under subsection (2), the licensing authority must give notice in accordance with subsection (4D).

(4D) The licensing authority must—

(a) set out, and explain the effect of, the scales as fixed,

(b) notify the persons mentioned in subsection (4E) of—

(i) the date on which the scales as fixed are to come into effect, and

(ii) the rights of appeal under section 18.

(4E) Those persons are—

(a) all operators of taxis operating within their area, and

(b) the persons and organisations consulted under subsection (4A)(a).]

(5) Notice shall be given for the purposes of subsection [F17 (4D)(b)] above by—

(a) its being sent by recorded delivery letter to the last known addresses of the persons and organisations referred to in subsection [F18 (4E)] above so as to arrive there, in the normal course of post, not later than [F19 seven days after the scales are fixed under subsection (2)] above; or

(b) personal service of the notice upon those persons within that time.

Textual Amendments

F16 S. 17(2)-(4E) substituted for s. 17(2)-(4) (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 174(3)(a), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)

F17 Word in s. 17(5) substituted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 174(3)(b)(i), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)

F18 Word in s. 17(5)(a) substituted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 174(3)(b)(ii)(A), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)

F19 Words in s. 17(5)(a) substituted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 174(3)(b)(ii)(B), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)

18 Appeals in respect of taxi fares. S

[F20 (1) Any person mentioned in subsection (1A) may, within 14 days of notice being given under section 17(4C), appeal against those scales to the traffic commissioner for the Scottish Traffic Area as constituted for the purpose of the Public Passenger Vehicles Act 1981.]

[F21 (1A) Those persons are—

(a) any person who operates a taxi in an area for which scales have been fixed under section 17(2), and

(b) any person or organisation appearing to the traffic commissioner to be representative of such taxi operators.]

(2) The traffic [F22 commissioner] may hear an appeal under this section notwithstanding that it was not lodged with [F23 him] within the time mentioned in subsection (1) above.

(3) On an appeal F24 ... under subsection (1) above, the traffic [F22 commissioner] may—

(a) confirm or alter the scales; or

(b) F25 ... decline to proceed—

(i) at any stage in the appeal, [F26 if] [F27 he considers] the case for the appellant is not representative of the view of a substantial proportion of the operators of taxis operating in the area of the licensing authority;

(ii) if less than two years have elapsed since [F27 he decided] an appeal against a decision of the same authority in respect of the same scale, and [F27 he considers] it inappropriate that [F27 he should consider] the matter again.

(4) An appeal under this section shall have the effect of suspending the decision referred to in subsection (1) above until the date when the appeal is abandoned or, as the case may be, when notice is given to the appellant advising him of its disposal.

(5) Where [F28 he alters] scales under subsection (3)(a) above, the traffic [F22 commissioner] may substitute a different date for the coming into effect of these scales.

(6) The Secretary of State may [F29 by order made by statutory instrument] make rules as to procedure in relation to appeals under this section.

(7) The decision of the traffic [F22 commissioner] on an appeal under this section shall be final.

(8) The traffic [F22 commissioner] shall give notice of [F30 his] decision in writing to the appellant and to the licensing authority and notice shall be given to the appellant by—

(a) its being sent by recorded delivery letter to his last known address or, as the case may be, to them so as to arrive, in the normal course of post, not later than five days after [F30 his] decision; or

(b) personal service of the notice on the appellant within that time.

F31 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) A licensing authority shall pay the expenses incurred under this section by the traffic commissioners in relation to appeals under this section.

F32 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 S. 18(1) substituted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 174(4)(a), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)

F21 S. 18(1A) inserted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 174(4)(b), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)

F22 Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 Pt. II para. 5(a)

F23 Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 Pt. II para. 5(b)

F24 Words in s. 18(3) repealed (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 174(4)(c)(i), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)

F25 Word in s. 18(3)(b) repealed (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 174(4)(c)(ii), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)

F26 Word in s. 18(3)(b)(i) substituted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 174(4)(c)(iii), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)

F27 Words substituted as provided by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 para. 5(c)

F28 Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 para. 5(d)

F29 Words inserted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 23(2)

F30 Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 Pt. II para. 5(e)

F31 S. 18(9) repealed (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 174(4)(d), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)

F32 S. 18(11) repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 PtI.

[F33 18A Publication and coming into effect of taxi fares E+W+S

(1) Following the fixing of scales by a licensing authority under section 17(2), the licensing authority must—

(a) determine the date on which the scales are to come into effect, and

(b) publish the scales in accordance with subsections (3) to (5).

(2) The scales may come into effect no earlier than seven days after the date on which they are published.

(3) The licensing authority must—

(a) give notice of the scales by advertisement in a newspaper circulating in its area, and

(b) specify in that advertisement the date on which the scales are to come into effect.

(4) The authority must give notice of the scales—

(a) where no appeal has been lodged under subsection (1) of section 18, as soon as practicable after the expiry of the period of 14 days mentioned in that subsection,

(b) where such an appeal has been lodged, as soon as practicable after the determination of the appeal.

(5) For the purposes of subsection (4), an appeal is determined on the date on which the appeal is abandoned or notice is given to the appellant of its disposal.]

Textual Amendments

F33 S. 18A inserted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 174(5), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)

19 Taxi stances. S

(1) A licensing authority may, after consultation with persons or organisations appearing to them to be, or be representative of, the operators of taxis operating in their area, appoint stances for taxis for the whole or any part of a day in any road within their area or on any land owned by the authority, or, with the consent of the owner, on any land owned by him.

(2) A licensing authority may—

(a) erect and illuminate signs;

(b) cause lines or marks to be made on roads;

indicating the limits of taxi stances.

(3) A licensing authority may from time to time, after consultation as mentioned in subsection (1) above, vary the number of taxis permitted to be at each stance and alter the position of such stances or revoke the appointment thereof.

(4) Before appointing any stance for taxis or varying the number of taxis permitted to be at each stance, the licensing authority shall give notice to the chief constable of the area in which the stance is situated and shall also give public notice of the proposal by advertisement in at least one newspaper circulating in their area and shall take into consideration any objections or representations in respect of such proposal which may be made to them in writing within 28 days of the first publication of such notice.

(5) Nothing in this section shall empower a licensing authority to appoint any taxi stance so as unreasonably to prevent access to any premises or, without the consent of the [F34 roads authority], to appoint any taxi stance on any [F35 road] or erect or illuminate any sign there or cause any line or mark to be made on any road . . . F36

Textual Amendments

F34 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 87(2)(a)

F35 Word by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 87(2)(b)

F36 Words repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 87(2)(c), Sch. 11

20 Regulations relating to taxis and private hire cars and their drivers. S

(1) Notwithstanding paragraph 5(2) of Schedule 1 to this Act, the Secretary of State may by regulations provide that licensing authorities shall, in relation to taxi, private hire car, taxi drivers’ or private hire car drivers’ licences, impose such conditions or classes of conditions as may be prescribed in the regulations and shall not impose such other conditions or classes of conditions as may be so prescribed [F37 and may provide that such conditions shall be imposed or, as the case may be, shall not be imposed for different areas or classes of areas; and different conditions or classes of conditions may be prescribed in relation to different categories of taxi or private hire car.]

(2) The Secretary of State may by regulations F38 ... prescribe types, sizes and designs of vehicles for the purposes of section 10(4) of this Act and, in doing so, may prescribe different types, sizes or designs of vehicles in respect of different areas.

[F39 (2A) Without prejudice to the generality of subsections (1) and (2) above, regulations under those subsections may make such provision as appears to the Secretary of State to be necessary or expedient in relation to the carrying in taxis of disabled persons (within the meaning of [F40 section 6 of the Equality Act 2010] ) and such provision may in particular prescribe—

(a) requirements as to the carriage of wheelchairs, guide dogs, hearing dogs and other categories of dog;

(b) a date from which any such provision is to apply and the extent to which it is to apply; and

(c) the circumstances in which an exemption from such provision may be granted in respect of any taxi or taxi driver,

and in this subsection—

• “guide dog” means a dog which has been trained to guide a blind person;

• “hearing dog” means a dog which has been trained to assist a deaf person; and

• “other categories of dog” means such other categories of dog as the Secretary of State may prescribe, trained to assist disabled persons who have disabilities of such kinds as he may prescribe.]

[F41 (2AA) The Scottish Ministers may by regulations make such provision as appears to them to be necessary or expedient in relation to the carrying in private hire cars of disabled persons (within the meaning of [F42 section 6 of the Equality Act 2010] ) and such provision may in particular prescribe—

(a) requirements as to the carriage of guide dogs, hearing dogs and other categories of dogs;

(b) a date from which any such provision is to apply and the extent to which it is to apply; and

(c) the circumstances in which an exemption from such provision may be granted in respect of any private hire car or private hire car driver,

and in this subsection “guide dog”, “hearing dog” and “other categories of dog” have the same meaning as in subsection (2A) above.

(2AB) Regulations under subsection (2AA) above may provide for the creation of offences and for making offenders liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2AC) Regulations under subsection (2AA) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.]

(3) Regulations under [F43 subsection (1) or (2) above] shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F37 Words added by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 23(3)

F38 Words in s. 20(2) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 49(a), 62(2); S.S.I. 2003/134, art. 2(1), sch.

F39 S. 20(2A) inserted (5.2.2003) by Disability Discrimination Act 1995 (c. 50), ss. 39(3), 70(3) (with ss. 59, 64, 65); S.I. 2003/215, art. 2

F40 Words in s. 20(2A) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 7(2) (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 2 (see S.I. 2010/2317, art. 2)

F41 S. 20(2AA)-(2AC) inserted (31.3.2004) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37), ss. 2, 6(2); S.S.I. 2004/57, art. 2

F42 Words in s. 20(2AA) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 7(3) (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 2 (see S.I. 2010/2317, art. 2)

F43 Words in s. 20(3) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 49(b), 62(2); S.S.I. 2003/134, art. 2(1), sch.

Modifications etc. (not altering text)

C5 S. 20: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

21 Offences. S

(1) If any person—

(a) operates, or permits the operation of, a taxi within an area in respect of which its operation requires to be but is not licensed or the driver requires to be but is not licensed, or

(b) picks up passengers in, or permits passengers to be picked up by, a private hire car within an area in respect of which its operation requires to be but is not licensed or the driver requires to be but is not licensed,

that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F44 level 4 on the standard scale].

(2) Subsection (1) above does not apply to the operation of a taxi or private hire car within an area in respect of which its operation or its driver is not licensed if the request for its hiring was received by its driver [F45 (otherwise than in a public place from the person to be conveyed in it, or a person acting on his behalf, for a journey beginning there and then)] whilst—

(a) in the area or in that part thereof in respect of which its operation and its driver are licensed;

(b) engaged on hire on a journey which began in that area or part or will end there; or

(c) returning to that area or part immediately following completion of a journey on hire.

(3) Subsection (1)(b) above does not apply to the operation of a vehicle within an area in respect of which its operation or its driver is not licensed if there are in force—

(i) in respect of the vehicle, a licence under section 37 of the M5 Town Police Clauses Act 1847 (licensing of hackney carriages) or section 48 of the M6 Local Government (Miscellaneous Provisions) Act 1976 (licensing of private hire vehicles); and

(ii) in respect of its driver, a licence under section 46 of the said Act of 1847 (licensing of hackney carriage drivers) or, as the case may be, section 51 of the said Act of 1976 (licensing of drivers of private hire vehicles).

[F46 (3A) Subsection (1)(b) above does not apply to the operation of a vehicle within an area in respect of which its operation or its driver is not licensed if there are in force—

(a) in respect of the vehicle, a licence under section 7 of the Private Hire Vehicles (London) Act 1998; and

(b) in respect of its driver, a licence under section 13 of that Act.]

(4) If any person, being the holder of a taxi licence or private hire car licence in respect of a vehicle, permits another person who does not have a current taxi driver’s licence or private hire car driver’s licence, as the case may be, to operate the vehicle as a taxi or, as the case may be, a private hire car he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F44 level 4 on the standard scale].

(5) If any person demands fares or other charges in respect of the hire of a taxi or for the hire of a private hire car which is fitted with a taximeter in excess of the scales established under sections 17 and 18 of this Act, he shall be guilty of an offence and liable on summary conviction, to a fine not exceeding [F44 level 4 on the standard scale].

(6) If any person without good cause breaks the seal on a taximeter or operates or drives a taxi or private hire car knowing that the seal on its meter has been broken, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F44 level 4 on the standard scale] or to imprisonment for a period not exceeding 60 days or to both.

(7) If any person, without reasonable excuse, causes or permits any vehicle other than a taxi to wait on any stance for taxis during any period for which that stance has been appointed by a licensing authority under section 19 of this Act, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F44 level 2 on the standard scale].

(8) Notice of the effect of subsection (7) above shall be indicated by such traffic signs as may be prescribed as authorised for the purpose by the Secretary of State in pursuance of his powers under section 54 of the M7 Road Traffic Regulation Act 1967.

Textual Amendments

F44 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F45 Words inserted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 23(4)

F46 S. 21(3A) inserted (8.6.2004) by Private Hire Vehicles (London) Act 1998 (c. 34), s. 40(2), Sch. 1 para. 3 (with s. 29); S.I. 2004/241, art. 2(2)

Marginal Citations

M5 1847 c. 89.

M6 1976 c. 57.

M7 1967 c. 76.

22 [F47 Exemptions] S

[F48 (1)] Nothing in sections 10 to 21 (with the exception of subsection (7) of section 21) of this Act shall—

(a) apply to a vehicle used for bringing passengers or goods within and taking them out of an area in respect of which the vehicle is not licensed as a taxi or a private hire car in pursuance of a contract for the hire of the vehicle made outside the area if the vehicle is not made available for hire within the area;

(b) apply to a vehicle while it is being used in connection with a funeral or wedding;

(c) apply to any vehicle while it is being used for carrying passengers under a contract for its exclusive hire for a period of not less than 24 hours.

[F49 (2) The Scottish Ministers may by regulations specify further circumstances in which sections 10 to 21 (with the exception of subsection (7) of section 21) are not to apply.

(3) Regulations under subsection (2)—

(a) may make transitional, transitory and saving provision,

(b) are subject to the negative procedure.]

Textual Amendments

F47 S. 22 title substituted (1.12.2015) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 65(5), 88(2); S.S.I. 2015/382, art. 2, sch.

F48 S. 22(1): s. 22 renumbered as s. 22(1) (1.12.2015) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 65(2), 88(2); S.S.I. 2015/382, art. 2, sch.

F49 S. 22(2)(3) inserted (1.12.2015) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 65(4), 88(2); S.S.I. 2015/382, art. 2, sch.

23 Interpretation of sections 10 to 22. S

(1) In sections 10 to 22 of this Act—

• “taxi” means a hire car which is engaged, by arrangements made in a public place between the person to be conveyed in it (or a person acting on his behalf) and its driver for a journey beginning there and then; and

• “private hire car” means a hire car other than a taxi within the meaning of this subsection.

(2) In subsection (1) above, “hire car” means a motor vehicle with a driver (other than a vehicle being a public service vehicle within the meaning of section 1(1)(a) of the M8 Public Passenger Vehicles Act 1981) which is, with a view to profit, available for hire by the public for personal conveyance.

(3) Notwithstanding that a vehicle in respect of which there is a licence for its operation as a taxi is, on any occasion, engaged as a hire car otherwise than in the manner referred to in subsection (1) above, the enactments relating to its operation as a taxi, and to the driving of it as such (including any such enactments in this Act) shall nonetheless apply in relation to it; and that other manner of engagement on that occasion shall not of itself cause the operation or driving of the licensed taxi to be regarded for the purposes of this Act as the operation or driving of a private hire car within the meaning of subsection (1) above.

Marginal Citations

M8 1981 c. 14.

Licensing and regulation of second-hand dealers S

24 Second-hand dealers’ licences. S

(1) Subject to subsection (3) below, a licence, to be known as a “second-hand dealer’s licence”, shall be required for carrying on business as a second-hand dealer.

(2) In this section and in sections 25 to 27 and 36 of this Act “second-hand dealer” means a person carrying on a business as a dealer in second-hand goods or articles of any description.

(3) A second-hand dealer’s licence shall not be required for carrying on—

(a) the business of a pawnbroker (that is to say, a person who, under a regulated agreement under the M9 Consumer Credit Act 1974, takes an article in pawn);

(b) a business as a wholesale dealer purchasing exclusively from second-hand dealers licensed under this Act;

[F50 (c) the business of a charity (that is to say, a body which is entered in the Scottish Charity Register);]

(d) a business as a dealer in second-hand goods or articles incidentally to another business not being that of a dealer in such goods or articles;

(e) a business either of financing the acquisition of goods by means of hire-purchase agreements, conditional sale agreements or credit sale agreements (as defined in section 189(1) of the M10 Consumer Credit Act 1974) or of financing the use of goods by means of hiring agreements.

(4) Without prejudice to paragraph 5 of Schedule 1 to this Act, a licensing authority may, after consultation with the chief constable, attach conditions to a second-hand dealer’s licence requiring the keeping of records in relation to the dealer’s stock-in-trade; and conditions so attached may, without prejudice to the authority’s power under this subsection, include provision as to—

(a) the information to be included in these records;

(b) their form;

(c) the premises where they are to be kept; and

(d) the period for which they are to be kept.

(5) A second-hand dealer acquiring a second-hand motor vehicle for the purpose of its re-sale in the course of his business shall keep a record of the mileage reading on the vehicle’s odometer when he acquired it.

(6) Any person who contravenes subsection (5) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F51 level 3 on the standard scale].

(7) It shall be a defence for a person charged with an offence under subsection (6) above to prove that he used all due diligence to prevent the commission of the offence.

Textual Amendments

F50 S. 24(3)(c) substituted (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), s. 107(2), sch. 4 para. 5(a); S.S.I. 2006/189, art. 2(1), sch. Pt. 1

F51 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

Marginal Citations

M9 1974 c. 39.

M10 1974 c. 39.

25 Disposal of stock-in-trade. S

(1) Subject to subsections (2) and (3) below and section 27 of this Act, a second-hand dealer shall not dispose of any item of his stock-in-trade until the expiry of 48 hours (excluding any time on Saturdays or Sundays) after he acquired it.

(2) Subsection (1) above shall not apply to any article acquired by the dealer in a public roup and disposed of by him without being brought to his place of business.

(3) A licensing authority may, on granting a second-hand dealer’s licence or at any time thereafter, on application by the dealer and after consultation with the chief constable, order that subsection (1) above shall not apply to the disposal by the dealer of any item, or any specified item or class of items, of his stock-in-trade or any specified part of it.

(4) An order under subsection (3) above may—

(a) be made subject to such conditions as the authority think fit;

(b) relate to stock-in-trade or items thereof still to be acquired by the dealer to whom the order relates; or

(c) be varied or revoked at any time by the licensing authority.

(5) In subsection (3) above, “specified” means specified in an order under that subsection.

(6) A holder of a second-hand dealer’s licence may appeal to the sheriff against a decision of the licensing authority under this section and paragraph 24(3) to (9) and (11) and (12) of Schedule 1 to this Act shall, with any necessary modifications, apply to an appeal under this subsection.

(7) Any person who contravenes subsection (1) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F52 level 3 on the standard scale].

Textual Amendments

F52 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

26 Sellers of second-hand goods: offences etc. S

(1) Any person who, when selling anything to a second-hand dealer, gives the dealer a false name or address shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F53 level 3 on the standard scale].

(2) If anything is offered to a second-hand dealer in the course of his business and he has reason to believe that it has been stolen or otherwise unlawfully obtained he may, subject to subsection (3) below, detain the person offering it and a constable may arrest that person and take possession of it.

(3) Nothing in subsection (2) above authorises a second-hand dealer to detain a person longer than is reasonably necessary for obtaining the attendance of a constable.

(4) No civil liability shall arise as a result only of the detention in good faith of a person under subsection (2) above.

Textual Amendments

F53 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

27 Functions of the court in relation to second-hand dealers convicted of offences. S

(1) Where a second-hand dealer is convicted of an offence relating to second-hand dealing, the court by which he is convicted may make any order which it is competent to make under section 7(6) of this Act and an extract of such conviction and sentence (if any) shall, within 6 days after the date of the conviction, be transmitted by the clerk of the court to the licensing authority which granted the licence.

(2) Where a second-hand dealer is convicted—

(a) of an offence relating to second-hand dealing; or

(b) of an offence which in the opinion of the court is an offence involving dishonesty,

the court may, in addition to any other order which it is competent to make, order that he shall not dispose of any second-hand goods acquired by him until the expiry of a period of 7 days after their acquisition.

(3) In making an order under subsection (2) above, the court shall specify a period not exceeding 2 years for which it is to remain in force, but the court may revoke such an order at any time on the application of the person to whom it relates.

(4) Any person who fails to comply with an order made in relation to him under subsection (2) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F54 level 4 on the standard scale] or to imprisonment for a period not exceeding 60 days or to both.

Textual Amendments

F54 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

[F55 Licensing and regulation of knife dealers E+W+S

Textual Amendments

F55 Ss. 27A-27S and cross-heading inserted (1.11.2007 for specified purposes, 1.6.2009 for specified purposes, 1.9.2009 for specififed purposes, 1.6.2010 in so far as not already in force) by Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), ss. 58, 67(2); S.S.I. 2007/431, art. 3, sch., S.S.I. 2009/197, art. 2, Sch.

27A Knife dealers' licences E+W+S

(1) A licence, to be known as a “knife dealer's licence”, is required for carrying on business as a dealer in any article mentioned in subsection (2).

(2) Those articles are—

(a) knives (other than [F56 folding pocket knives whose blades do not exceed 3.5 inches (8.91 centimetres) in length or knives] designed for domestic use);

[F57 (aa) daggers (other than kirpans or skean dhus whose blades do not exceed exceed 3.5 inches (8.91 centimetres) in length);]

(b) knife blades (other than those designed for domestic use);

(c) swords;

(d) any other article—

(i) which has a blade; or

(ii) which is sharply pointed,

and which is made or adapted for use for causing injury to the person.

(3) A knife dealer's licence shall, in addition to specifying the activity which the dealer engages in, specify the premises in or from which the activity is to be carried on.

(4) In subsections (1) and (3), “dealer” means a person carrying on a business which consists wholly or partly of—

(a) selling;

(b) hiring;

(c) offering for sale or hire;

(d) exposing for sale or hire;

(e) lending; or

(f) giving,

to persons not acting in the course of a business or profession any article mentioned in subsection (2) (whether or not the activities mentioned in paragraphs (a) to (f) are carried out incidentally to a business which would not, apart from this section, require a knife dealer's licence).

(5) In subsection (4), “selling”, in relation to an article mentioned in subsection (2)—

(a) includes—

(i) selling such an article by auction;

(ii) accepting goods or services in payment (whether in part or in full) for such an article; but

(b) does not include selling (by auction or otherwise) such an article by one person on behalf of another;

and “sale” is to be construed accordingly.

(6) For the purposes of subsection (4), an article is not to be treated as being exposed for sale if it is exposed for sale (by auction or otherwise) by a person other than the owner.

(7) The Scottish Ministers may by order modify subsection (2) so as to—

(a) add articles or classes of article;

(b) amend descriptions of articles or classes of article;

(c) remove articles or classes of article.

(8) The Scottish Ministers may by order—

(a) modify subsection (4) so as to modify the definition of “dealer”;

(b) specify descriptions of activity which are not to be taken to be businesses for the purposes of that subsection (or that subsection as modified).

(9) The power in subsection (8)(a) includes in particular power to add descriptions of business.

Textual Amendments

F56 Words in s. 27A(2)(a) substituted (1.9.2009) by The Knife Dealers (Exceptions) Order 2009 (S.S.I. 2009/218), arts. 1, 2(a)

F57 S. 27A(2)(aa) inserted (1.9.2009) by The Knife Dealers (Exceptions) Order 2009 (S.S.I. 2009/218), arts. 1, 2(b)

Modifications etc. (not altering text)

C6 S. 27A(4) modified (1.9.2009) by The Knife Dealers (Exceptions) Order 2009 (S.S.I. 2009/218), arts. 1, 3

27B Applications for knife dealers' licences: notice E+W+S

(1) A licensing authority must cause public notice to be given of every application made to them for the grant or renewal of a knife dealer's licence.

(2) Sub-paragraph (8) of paragraph 2 of Schedule 1 applies to the giving of public notice under subsection (1) as it applies to the giving of public notice under sub-paragraph (7) of that paragraph.

27C Knife dealers' licences: conditions E+W+S

(1) In granting or renewing a knife dealer's licence, a licensing authority—

(a) must attach to the licence such conditions as are specified (in particular or in general) by order by the Scottish Ministers;

(b) may, without prejudice to [F58 section 3B and ] paragraph 5 of Schedule 1, attach to the licence different conditions in relation to different articles or different classes of article;

(c) may, without prejudice to that [F59 section and ] paragraph, attach to the licence conditions for or in connection with—

(i) the keeping of records by the holder of the licence;

(ii) the storage of articles mentioned in section 27A(2); and

(iii) the display of such articles.

(2) An order under subsection (1)(a) may provide for different conditions to apply to different articles or different classes of article.

Textual Amendments

F58 Words in s. 27C(1)(b) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 172(4)(a)(i), 206(1); S.S.I. 2011/178, art. 2, sch. (with sch.)

F59 Words in s. 27C(1)(c) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 172(4)(a)(ii), 206(1); S.S.I. 2011/178, art. 2, sch. (with sch.)

27D Provision of information to holder of knife dealer's licence E+W+S

(1) Subsection (2) applies where the holder of a knife dealer's licence (“the dealer”)—

(a) is required by the licence to obtain information of a type specified in the licence from a person; and

(b) the dealer requests (whether orally, in writing or otherwise) the information from the person.

(2) A person, or any person acting on behalf of the person, who knowingly or recklessly provides false information in response to a request under subsection (1)(b) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

27E Knife dealers' licences: warrants to enter, search and seize articles E+W+S

(1) Subsection (2) applies if a justice of the peace or sheriff is satisfied by evidence on oath that—

(a) subsection (3) applies; and

(b) subsection (4) or (5) applies.

(2) The justice of the peace or sheriff may grant a warrant authorising a constable or an authorised officer—

(a) to enter and search the premises specified in the warrant; and

(b) to seize and remove any relevant article.

(3) This subsection applies if there are reasonable grounds for suspecting that a person (the “suspect”) is carrying on in any premises an activity in respect of which a knife dealer's licence is required under section 27A.

(4) This subsection applies if no knife dealer's licence is in force in respect of the activity.

(5) This subsection applies if a knife dealer's licence is in force in respect of the activity but there are reasonable grounds for suspecting that the suspect has failed, or is failing, to comply with a condition of the licence.

27F Powers of constables and authorised officers E+W+S

(1) A constable or an authorised officer may use reasonable force in executing a warrant granted under section 27E(2).

(2) Where a constable who is not in uniform is about to enter, is entering or has entered any premises under the powers conferred under section 27E(2) he must, if required to do so by a person in or upon the premises, produce his identification.

(3) Where an authorised officer is about to enter, is entering or has entered any premises under the powers conferred under section 27E(2) he must, if required to do so by a person in or upon the premises, produce his authorisation.

(4) If a constable has been required to produce his identification under subsection (2) he is not entitled to enter or search the premises or, as the case may be, remain there or continue to search the premises until he has produced it.

(5) If an authorised officer has been required to produce his authority under subsection (3), he is not entitled to enter or search the premises or, as the case may be, remain there or continue to search the premises until he has produced it.

(6) Any person who—

(a) fails without reasonable excuse to permit a constable, or an authorised officer, acting in pursuance of a warrant granted under section 27E(2) to enter and search any premises; or

(b) obstructs the entry to, or search of, any premises by a constable or an authorised officer so acting,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) Any relevant article which has been seized and removed under a warrant granted under section 27E(2) may be retained until the conclusion of proceedings against the suspect.

(8) For the purposes of subsection (7), proceedings in relation to a suspect are concluded if—

(a) he is found guilty and sentenced or otherwise dealt with for the offence;

(b) he is acquitted;

(c) proceedings for the offence are discontinued;

(d) it is decided not to prosecute him.

(9) In this section, “suspect” is to be construed in accordance with section 27E(3).

27G Power to inspect documents E+W+S

(1) Subsection (2) applies where—

(a) a constable or an authorised officer has reasonable grounds for suspecting that an activity in respect of which a knife dealer's licence is required under section 27A is being carried on; and

(b) no such licence is in force in respect of the activity.

(2) The constable or authorised officer may—

(a) require a relevant person to produce any records or other documents connected with the activity,

(b) inspect any such records or documents, and

(c) take copies of, or extracts from, any such records or documents.

(3) A relevant person who—

(a) is required under subsection (2) to produce records or documents; and

(b) fails without reasonable excuse to do so,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Before exercising the power conferred by subsection (2)—

(a) a constable who is not in uniform must produce his identification to the relevant person;

(b) an authorised officer must produce his authorisation to the relevant person.

(5) For the purposes of this section, a person is “relevant” if the constable or authorised officer has reasonable grounds for believing that the person has access to the records or documents.

27H Sections 27E to 27G: interpretation E+W+S

(1) In sections 27E and 27F—

• “premises” includes a vehicle or vessel;

• “relevant article” means an article mentioned in any of paragraphs (a) to (d) of subsection (2) of section 27A.

(2) In sections 27E to 27G, “authorised officer” means an officer of a licensing authority authorised by the authority for the purposes of section 27E, 27F or, as the case may be, 27G.

27J Forfeiture orders E+W+S

(1) Subsection (2) applies where a person (“the offender”) is convicted of an offence under subsection (A1) or (2) of section 7 in relation to a relevant article—

(a) seized by virtue of a warrant granted under section 27E(2); or

(b) in the offender's possession or control at the relevant time.

(2) The court by which the offender is convicted may make an order for forfeiture (a “forfeiture order”) in respect of the relevant article.

(3) The court may make a forfeiture order—

(a) whether or not it also deals with the offender in respect of the offence in any other way; and

(b) without regard to any restrictions on forfeiture in any enactment.

(4) In considering whether to make a forfeiture order, the court must have regard to—

(a) the value of the relevant article; and

(b) the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).

(5) In this section—

• “relevant article” means an article mentioned in any of paragraphs (a) to (d) of subsection (2) of section 27A;

• “relevant time” means—

  (a)

  the time of the offender's arrest for the offence; or

  (b)

  the time of his being cited as an accused in respect of the offence.

27K Effect of forfeiture order E+W+S

(1) A forfeiture order under section 27J(2) operates to deprive the offender of any rights he has in the property to which it relates.

(2) The property to which a forfeiture order relates must be taken into the possession of the police.

(3) The court by which the offender is convicted may, on the application of a person who—

(a) claims property to which a forfeiture order relates; but

(b) is not the offender from whom it was forfeited,

make an order (a “recovery order”) for delivery of the property to the applicant if it appears to the court that he owns it.

(4) An application under subsection (3) must be made—

(a) in such manner as may be prescribed by Act of Adjournal; and

(b) before the end of the period of 6 months beginning with the date on which the forfeiture order was made.

(5) An application may be granted only if the applicant satisfies the court that—

(a) he had not consented to the offender's having possession of the property; or

(b) he did not know, and had no reason to suspect, that the offence was likely to be committed.

(6) If a person has a right to recover property which, by virtue of a recovery order, is in the possession of another, that right—

(a) is not affected by the making of the recovery order at any time before the end of the period of 6 months beginning with the day on which the order is made;

(b) is lost at the end of that period.

(7) The Scottish Ministers may by order make provision for or in connection with the disposal of property forfeited under a forfeiture order in cases where—

(a) no application under subsection (3) has been made before the end of the 6 month period beginning with the day on which the forfeiture order was made; or

(b) no such application has succeeded.

(8) An order under subsection (7) may in particular make provision for—

(a) dealing with any proceeds from the disposal;

(b) investing money; and

(c) auditing accounts.

27L Offences by partnerships E+W+S

Where an offence committed by a partnership under—

(a) section 5 (in so far as the offence relates to a knife dealer's licence);

(b) section 7 (in so far as the offence so relates);

(c) section 27D;

(d) section 27F; or

(e) section 27G,

is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.

27M Appropriate licence required E+W+S

Where a person carries on a business which—

(a) by virtue of section 24 requires a second-hand dealer's licence; and

(b) by virtue of section 27A requires a knife dealer's licence,

the person requires the appropriate licence in respect of each activity.

27N Remote sales of knives etc. E+W+S

(1) This section applies where, in connection with the sale of an article mentioned in section 27A(2)—

(a) the premises (the “relevant premises”) from which the article is dispatched in pursuance of the sale are not the same as those where the order for the article is taken (the “sale premises”),

(b) the relevant premises are in Scotland, and

(c) the sale premises are not in Scotland.

(2) For the purposes of this Act the sale of the article is to be treated as taking place on the relevant premises.

27P Sales and dispatches in different local authority areas E+W+S

(1) Subsection (2) applies where, in connection with the sale of an article mentioned in section 27A(2)—

(a) the relevant premises are situated in the area of a local authority, and

(b) the sale premises are situated in the area of another local authority which, by virtue of section 2(2), is the licensing authority in respect of the taking of the order for the article.

(2) For the purposes of this Act, the sale of the article is to be treated as taking place—

(a) on the relevant premises, and

(b) on the sale premises.

(3) In this section, “relevant premises” and “sale premises” have the same meanings as in section 27N.

27Q Duty to avoid conflict between conditions of licences E+W+S

(1) Subsection (2) applies where an application is made to a licensing authority for the grant or renewal of a second-hand dealer's licence by the holder of a knife dealer's licence issued by that authority.

(2) In granting the application, the licensing authority must not impose any condition which conflicts, or is inconsistent, with a condition of the knife dealer's licence.

(3) Subsection (4) applies where an application is made to a licensing authority for the grant or renewal of a knife dealer's licence by the holder of a second-hand dealer's licence issued by that authority.

(4) In granting the application, the licensing authority must, in accordance with paragraph 10 of Schedule 1, vary the terms and conditions of the second-hand dealer's licence to avoid any conflict or inconsistency with the terms or conditions of the knife-dealer's licence.

27R Offences in relation to knife dealers' licences: exceptions E+W+S

The Scottish Ministers may by order provide that an offence under—

(a) section 5 (in so far as the offence relates to a knife dealer's licence);

(b) section 7 (in so far as the offence so relates);

(c) section 27D;

(d) section 27F; or

(e) section 27G,

is subject to such exceptions as may be specified in the order.

27S Orders under sections 27A to 27R E+W+S

(1) Any power conferred by section 27A(7), 27A(8), 27C(1)(a), 27K(7) or 27R to make orders is exercisable by statutory instrument.

(2) Subject to subsection (3), a statutory instrument containing an order under any of those sections is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(3) A statutory instrument containing an order under section 27R may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.]

Licensing and regulation of metal dealers S

28 Metal dealers: licensing and regulation. S

(1) [F60 A] “metal dealer’s licence”, shall be required for carrying on business as a metal dealer.

F61 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A metal dealer’s licence shall, in addition to specifying the activity which he engages in, specify the premises in or from which the activity is to be carried on.

Textual Amendments

F60 Word in s. 28(1) substituted (1.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 67(2)(a), 88(2); S.S.I. 2016/85, art. 2, sch. (with arts. 4, 5)

F61 S. 28(2)(3) repealed (1.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 67(2)(b), 88(2); S.S.I. 2016/85, art. 2, sch. (with arts. 4, 5)

F62 29 Metal dealers’ exemption warrants. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62 S. 29 repealed (1.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 67(3), 88(2); S.S.I. 2016/85, art. 2, sch. (with arts. 4, 5)

F63 30 Keeping of records. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63 S. 30 repealed (1.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 70(2), 88(2); S.S.I. 2016/85, art. 2, sch.

F64 31 Retention of metal. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64 S. 31 repealed (1.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 68, 88(2); S.S.I. 2016/85, art. 2, sch.

32 Itinerant metal dealers. S

(1) A licence, to be known as an “itinerant metal dealer’s licence” shall be required for carrying on business as an itinerant metal dealer.

(2) An itinerant metal dealer’s licence shall have effect so as to permit the licence holder to carry on business as an itinerant metal dealer anywhere in Scotland.

F65 33 Receipts and invoices: itinerant metal dealers. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65 S. 33 repealed (1.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 70(2), 88(2); S.S.I. 2016/85, art. 2, sch.

[F66 33A Acceptable forms of payment for metal S

(1) A metal dealer or an itinerant metal dealer may pay for metal only by a method of payment specified in subsection (2).

(2) The methods of payment are—

(a) by means of a cheque which under section 81A of the Bills of Exchange Act 1882 is not transferable, or

(b) by electronic transfer of funds to a bank or building society account in the name of the payee.

(3) If a metal dealer or an itinerant metal dealer pays for metal otherwise than in accordance with subsection (1), the dealer and each of the persons listed in subsection (4) (if any) commit an offence.

(4) The persons are—

(a) in a case of payment being made by a metal dealer at a place of business of the dealer, the person with day to day management of the place,

(b) in any case, any person who, acting on behalf of the metal dealer or the itinerant metal dealer, makes the payment.

(5) It is a defence for a metal dealer, an itinerant metal dealer or a person described in subsection (4)(a) who is charged with an offence under this section to prove that the dealer or, as the case may be, person—

(a) made arrangements to ensure that the payment was to be made only in accordance with subsection (1), and

(b) took all reasonable steps to ensure that those arrangements were complied with.

(6) A person who commits an offence under this section is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

(7) The Scottish Ministers may by regulations—

(a) amend subsection (2) so as to add, amend or remove methods of payment, and

(b) make such consequential modification of section 33B or 33C(3) as they consider appropriate.

(8) Regulations under subsection (7) are subject to the affirmative procedure.

(9) In this section, “place of business” means a place of business operated by a metal dealer in the ordinary course of that dealer's business as a metal dealer.

Textual Amendments

F66 S. 33A - S. 33B inserted (1.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 69, 88(2); S.S.I. 2016/85, art. 2, sch.

33B Acceptable forms of payment: meaning of “bank or building society account” S

(1) In section 33A(2)(b), “bank or building society account” means an account held with a bank or a building society.

(2) For the purposes of subsections (1) and (4)—

(a) “bank” means an authorised deposit-taker that has its head office or a branch in the United Kingdom, and

(b) “building society” has the same meaning as in the Building Societies Act 1986.

(3) In subsection (2)(a), “authorised deposit-taker” means—

(a) a person who has permission to accept deposits under Part 4A of the Financial Services and Markets Act 2000 (but see subsection (4) for exclusions),

(b) an EEA firm of the kind mention in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule).

(4) The reference in subsection (3)(a) to a person who has permission to accept deposits under Part 4A of the Financial Services and Markets Act 2000 does not include—

(a) a building society,

(b) a society registered as a credit union under the Co-operative and Community Benefit Societies Act 2014 or the Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12)),

(c) a friendly society within the meaning given by section 116 of the Friendly Societies Act 1992, or

(d) an insurance company within the meaning of section 275 of the Finance Act 2004.]

Textual Amendments

F66 S. 33A - S. 33B inserted (1.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 69, 88(2); S.S.I. 2016/85, art. 2, sch.

[F67 33C Requirement to keep records S

(1) This section applies where a metal dealer or an itinerant metal dealer (“the dealer”), in the course of the dealer's business—

(a) acquires any metal (whether or not for value), or

(b) processes or disposes of any metal (by any means).

(2) In respect of any metal acquired, the dealer must record the following information—

(a) the description and weight of the metal,

(b) the date and time of the acquisition of the metal,

(c) if the metal is acquired from another person—

(i) the name and address of the person,

(ii) the means by which the person's name and address was verified,

(d) the price, if any, payable in respect of the acquisition of the metal, if that price has been ascertained at the time when the entry in the record relating to that metal is to be made,

(e) the method of payment of the price (if applicable),

(f) where no price is payable for the metal, the value of the metal at the time when the entry is to be made as estimated by the dealer,

(g) in the case of metal delivered to the dealer by means of a vehicle, the registration mark (within the meaning of section 23 of the Vehicle Excise and Registration Act 1994) borne by the vehicle.

(3) Where the dealer has paid for metal, the dealer must keep a copy of—

(a) the cheque, or

(b) the document evidencing the electronic transfer of funds.

(4) In respect of any metal processed or disposed of, the dealer must record the following information—

(a) the description and weight of the metal immediately before its processing or disposal,

(b) in the case of metal which is processed, the process applied,

(c) in the case of metal disposed of by sale or exchange—

(i) the consideration for which it is sold or exchanged,

(ii) the name and address of the person to whom the metal is sold or with whom it is exchanged, and

(iii) the means by which the person's name and address was verified,

(d) in the case of metal disposed of otherwise than by sale or exchange, its value immediately before its disposal as estimated by the dealer.

(5) The dealer must—

(a) keep separate records in relation to—

(i) metal acquired, and

(ii) metal processed or disposed of,

(b) record the information immediately after the metal is acquired, processed or disposed of,

(c) keep a copy of any document produced by a person to verify that person's name or address, and

(d) retain information recorded or documents kept under this section for a period of not less than 3 years beginning with the date on which the information was recorded or document obtained.

(6) The Scottish Ministers may by regulations––

(a) specify the means by which a person's name and address may be verified for the purposes of this section,

(b) require further information to be recorded about any metal acquired, processed or disposed of by metal dealers or itinerant metal dealers.

(7) Regulations under subsection (6)—

(a) may make different provision for different purposes, and

(b) are subject to the negative procedure.

Textual Amendments

F67 Ss. 33C-33E inserted (1.12.2015 for the insertion of s. 33C for specified purposes) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 70(3), 88(2); S.S.I. 2015/382, art. 2, sch.

33D Form of records S

(1) A metal dealer or an itinerant metal dealer (“a dealer”) must record the required information—

(a) in books with serially numbered pages, or

(b) by means of a device for storing and processing information.

(2) Where a dealer records the required information in books, the dealer must use separate books for recording the required information about—

(a) metal acquired, and

(b) metal processed or disposed of.

(3) Where a dealer uses a device for storing and processing information, the dealer must, by means of the device or otherwise, keep details of all modifications made in the records kept by the device.

(4) Where a dealer is required to keep a copy of a document under section 33C, it is sufficient for the dealer—

(a) to keep an electronic copy of the document, and

(b) in relation to a document verifying a person's name or address, keep only one copy of the document.

(5) In this section, “required information” means the information about metal acquired, processed or disposed of that a dealer is required to record under or by virtue of section 33C(2), (4) or (6).

Textual Amendments

F67 Ss. 33C-33E inserted (1.12.2015 for the insertion of s. 33C for specified purposes) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 70(3), 88(2); S.S.I. 2015/382, art. 2, sch.

33E Metal dealer to keep records for each place of business S

(1) A metal dealer must keep separate records of the required information in relation to—

(a) each place of business operated by the dealer, and

(b) any metal acquired, processed or disposed of otherwise than at such a place of business.

(2) Where a metal dealer records the required information in books, the dealer must not, at any time at a place of business, use more than—

(a) one book for recording the required information about metal acquired, and

(b) one book for recording the required information about metal processed or disposed of.

(3) In this section—

• “place of business” means a place of business operated by a metal dealer in the ordinary course of that dealer's business as a metal dealer,

• “required information” means the information about metal acquired, processed or disposed of that a dealer is required to record under or by virtue of section 33C(2), (4) or (6).]

Textual Amendments

F67 Ss. 33C-33E inserted (1.12.2015 for the insertion of s. 33C for specified purposes) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 70(3), 88(2); S.S.I. 2015/382, art. 2, sch.

34 Offences relating to metal dealing. S

(1) Any metal dealer or itinerant metal dealer who disposes of metal to a person apparently under the age of 16 or who acquires metal from such a person, whether that person is acting on his own behalf or on behalf of another person, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F68 level 3 on the standard scale].

(2) In any proceedings for an offence under subsection (1) above, it shall be a defence to prove that the person to whom it is alleged the metal was disposed of or from whom it is alleged it was acquired was 16 years of age or over at the time.

[F69 (2A) Any metal dealer or itinerant metal dealer who fails to comply with a requirement of section 33C, 33D or 33E commits an offence and is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.]

(3) Any metal dealer or itinerant metal dealer who knowingly or recklessly [F70 produces any information or document which the dealer is required to record or keep under section 33C which is false or misleading in a material particular] shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F68 level 4 on the standard scale].

(4) Any person who, when selling metal to or purchasing metal from a metal dealer or itinerant metal dealer, gives the dealer a false name or address shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F68 level 3 on the standard scale].

Textual Amendments

F68 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F69 S. 34(2A) inserted (1.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 70(4)(a), 88(2); S.S.I. 2016/85, art. 2, sch.

F70 Words in s. 34(3) substituted (1.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 70(4)(b), 88(2); S.S.I. 2016/85, art. 2, sch.

35 Functions of the court in relation to metal dealers convicted of offences. S

(1) Where a metal dealer or itinerant metal dealer is convicted of an offence relating to his business as such, the court by which he is convicted may make any order which it is competent to make under section 7(6) of this Act and an extract of such conviction and sentence (if any) shall, within 6 days after the date of the conviction, be transmitted by the clerk of the court to the licensing authority which granted the licence.

(2) Where a metal dealer is convicted—

(a) of an offence relating to his business as such; or

(b) of any offence which in the opinion of the court is an offence involving dishonesty,

the court may, in addition to any other order which it is competent to make, order that he shall not dispose of or process any metal acquired by him until the expiry of a period of 7 days after its acquisition.

(3) In making an order under subsection (2) above, the court shall specify a period not exceeding 2 years for which it is to remain in force, but the court may revoke such an order at any time on the application of the person to whom it relates.

(4) Any person who fails to comply with an order made in relation to him under subsection (2) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F71 level 4 on the standard scale] or to imprisonment for a period not exceeding 60 days or to both.

(5) A licensing authority receiving, by virtue of subsection (1) above, an extract of conviction and sentence (if any) of an itinerant metal dealer shall notify all other licensing authorities of the particulars of the conviction.

Textual Amendments

F71 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

[F72 35A Register of metal dealers and itinerant metal dealers S

(1) The Scottish Ministers may by regulations make provision for and about the establishment, keeping and maintaining of a register of metal dealers and itinerant metal dealers.

(2) Regulations under subsection (1) may, in particular, make provision—

(a) about who is to keep and maintain the register,

(b) requiring the provision of information to the person who keeps the register,

(c) specifying the information to be included in the register in relation to each person who holds a licence as a metal dealer or itinerant metal dealer,

(d) about the form and publication of the register,

(e) for the charging of fees in such circumstances as may be specified in the regulations.

(3) Regulations under subsection (1) may—

(a) make incidental, supplementary, consequential, transitional, transitory or saving provision,

(b) modify this or any other enactment.

(4) Regulations under subsection (1) which contain provision which adds to, replaces, or omits any part of an Act are subject to the affirmative procedure.

(5) Otherwise, regulations under subsection (1) are subject to the negative procedure.]

Textual Amendments

F72 S. 35A inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 71, 88(2); S.S.I. 2016/307, art. 2, sch.

36 Appropriate licence required. S

Where a person carries on business as a second-hand dealer and as a metal dealer and as an itinerant metal dealer or as any two of these kinds of dealer he shall require the appropriate licence in respect of each activity.

37 Interpretation of sections 28 to 36. S

(1) In sections 28 to 36 of this Act—

• [F73 “itinerant metal dealer” means a person who—

  • (a)

    carries on a business which consists wholly or substantially of buying or selling for scrap—

    (i)

    metal articles that are old, broken, worn out or defaced, or

    (ii)

    partly manufactured articles that are made wholly or partly from metal,

    (b)

    collects articles of the kind described in paragraph (a)(i) and (ii) by means of visits from place to place, and

    (c)

    disposes of such articles without causing them to be kept in a metal store or other premises (including by disposing or giving custody of the articles to a person who keeps a metal store),]

• “metal” means any metal (including any precious metal) and any alloy of any metals, whether old or new and includes manufactured articles, whether old or new, made wholly or partly of metal, of any of the materials commonly known as hard metal or of cemented or sintered metallic carbides;

• “metal dealer” means a person carrying on business in terms of subsection (2) below but does not include an itinerant metal dealer within the meaning of this subsection;

• “metal store” means a place where metal is received or kept in the course of a metal dealer’s business;

• “processing”, in relation to metal, includes melting down and any process whereby the composition or form of the metal or of any article which is made of the metal is altered so as to make it substantially less identifiable than before the process, and “process” and “processed” shall be construed accordingly.

(2) [F74 For the purposes of sections 28 to 36, a person carries on business as a metal dealer if the person—

(a) carries on a business which consists wholly or substantially of buying or selling for scrap—

(i) metal articles that are old, broken, worn out or defaced, or

(ii) partly manufactured articles that are made wholly or partly from metal, or

(b) carries on business as a motor salvage operator (so far as that does not fall within paragraph (a)).

(3) For the purposes of subsection (2)(b), a person carries on business as a motor salvage operator if the person carries on a business which consists wholly or substantially of—

(a) recovering salvageable parts from motor vehicles for re-use or sale and selling or disposing of the rest of the vehicle for scrap,

(b) buying significantly damaged motor vehicles and subsequently repairing and reselling them, or

(c) buying or selling motor vehicles which are to be the subject (whether immediately or upon a subsequent resale) of any of the activities mentioned in paragraphs (a) and (b).]

Textual Amendments

F73 Words in s. 37(1) substituted (16.3.2016 for specified purposes) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 72(2), 88(2); S.S.I. 2016/85, art. 2, sch. (with arts. 4, 6)

F74 S. 37(2)(3) substituted for s. 37(2) (16.3.2016 for specified purposes) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 72(3), 88(2); S.S.I. 2016/85, art. 2, sch. (with arts. 4, 6)

[F75 37A Exemptions S

(1) The Scottish Ministers may by regulations make provision specifying circumstances in which the provisions of sections 28 to 37 are not to apply.

(2) Regulations under subsection (1)—

(a) may make transitional, transitory or saving provision,

(b) are subject to the negative procedure.]

Textual Amendments

F75 S. 37A inserted (1.12.2015) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 73, 88(2); S.S.I. 2015/382, art. 2, sch.

Miscellaneous licences S

38 Boat hire licences. S

(1) Subject to the provisions of this section, a licence under this Act, to be known as a “boat hire licence”, shall be required for the use of a vessel, in the course of a trade or business carried on in or from any place within the area of a licensing authority, for the purpose of—

(a) letting it on hire; or

(b) carrying for reward 12 or fewer passengers,

for pleasure, recreational, educational or sporting purposes.

(2) A boat hire licence may relate to one or more vessels or classes of vessel and shall specify—

(a) the vessels or the classes of vessels to which it relates; and

(b) the maximum number of vessels or of each class of vessel which may be used under the licence.

(3) A boat hire licence shall extend to the use of any vessel added to or substituted for a vessel to which the licence relates if—

(a) the additional or substitute vessel is of identical type to a vessel of a class to which the licence relates; and

(b) the maximum number referred to in subsection (2)(b) above is not exceeded.

(4) A boat hire licence shall not be required in respect of the use—

(a) of any vessel in respect of which there is in force a passenger certificate, load line certificate or load line exemption certificate under the [F76 Merchant Shipping Act 1995];

(b) for a continuous period of over 24 hours, of any vessel having overnight sleeping accommodation;

(c) of any vessel for the purpose of instruction or training in seamanship;

(d) of any vessel exclusively for fishing in non-tidal waters;

(e) of any vessel—

(i) on any inland waterway; or

(ii) at any harbour

owned or managed by the British Waterways Board; or

(f) of any vessel with the consent of the harbour authority (within the meaning of the M11 Harbours Act 1964) in any harbour owned or managed by them.

(5) Before granting an application to grant or renew a boat hire licence a licensing authority may require the applicant to produce a certificate in respect of each vessel to which the application relates issued by a person appearing to the authority to be suitably qualified for the purpose of issuing such a certificate stating that the vessel is suitably designed, constructed, maintained and equipped and in a safe condition for the purpose for which, and the place or waters in which, it is to be used.

(6) Without prejudice to paragraphs 5(3), 11 and 12 of Schedule 1 to this Act a licensing authority shall—

(a) refuse an application to grant or renew a boat hire licence;

(b) suspend a boat hire licence in accordance with the said paragraph 12,

to the extent that it relates to any vessel which is in their opinion not in a safe condition for the purpose for which, and the place or waters in which, it is to be or, as the case may be, is being used.

(7) Without prejudice to paragraph 5 of Schedule 1 to this Act, a licensing authority, on granting an application for the grant or renewal of a boat hire licence, shall attach conditions—

(a) fixing the maximum number of persons which may be carried in the vessel;

(b) specifying inland waters in their area, the inland waters adjacent to inland waters in their area and the tidal waters within which each vessel or class of vessel to which the application relates may be used.

(8) The holder of a boat hire licence shall effect and maintain in force in relation to every vessel to which the licence relates a policy of insurance to the satisfaction of the licensing authority and complying with subsection (9) below, and shall not reduce the amount or extent of the cover specified in the policy without the prior approval of the authority.

(9) A policy of insurance complies with this subsection if it insures such person, persons, or classes of persons as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of or bodily injury to any person caused by, or arising out of, the use of the vessel.

(10) Any person who, being the holder of a boat hire licence, uses or causes or permits any other person to use a vessel to which the licence relates without having in force in relation to that vessel a policy of insurance in accordance with subsection (8) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F77 level 4 on the standard scale].

(11) Where—

(a) a vessel in respect of which a boat hire licence is in force is used—

(i) within the territorial waters of the United Kingdom adjacent to Scotland; and

(ii) within any inland waters or waters specified in the licence under subsection (7)(b) above; but

(iii) outwith the area of the licensing authority which granted or last renewed the licence; and

(b) all persons carried in the vessel embark initially from places within the area of the authority,

it shall not be necessary to have in force in respect of that use of the vessel a boat hire licence granted by any other licensing authority and the conditions subject to which the licence is held shall continue to apply to such use.

Textual Amendments

F76 Words in s. 38(4)(a) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 67 (with s. 312(1))

F77 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

Marginal Citations

M11 1964 c. 40.

39 Street traders’ licences. S

(1) Subject to subsection (3) below, a licence, to be known as a “street trader’s licence”, shall be required for street trading by a person, whether on his own account or as an employee.

(2) In this section “street trading” means doing any of the following things in a public place—

(a) hawking, selling or offering or exposing for sale any article;

(b) offering to carry out or carrying out for money or money’s worth any service,

to any person in the public place and includes doing any of these things there in or from a vehicle or in or from a kiosk or moveable stall not entered in the valuation roll except where it is done in conjunction with or as part of a retail business being carried on in premises abutting the public place.

(3) A street trader’s licence shall not be required for—

(a) the sale of newspapers only;

(b) the sale of milk by or on behalf of a person registered under [F78 regulations made under section 19 of the Food Safety Act 1990];

(c) the sale of coal, coke or any solid fuel derived from coal or of which coal or coke is a constituent;

(d) any activity in respect of which a certificate under the M12 Pedlars Act 1871 has been granted;

(e) any activity in respect of which a licence is required under this Act apart from this section; or

(f) organising or participating in a public charitable collection within the meaning of subsection (16) of section 119 of this Act in accordance with permission granted under that section.

(4) Where an application for a street trader’s licence is made in respect of an activity which—

(a) consists of or includes food business within the meaning of [F79 sections 1(3) of the Food Safety Act 1990]; and

(b) involves the use of a vehicle, kiosk or moveable stall,

the licensing authority shall, without prejudice to paragraph 5(3) of Schedule 1 to this Act, refuse the application unless there is produced to them a certificate by [F80 a food] authority (for the purposes of section 5 of the Food Safety Act 1990) [F81 mentioned in subsection (4A)] stating that the vehicle, kiosk or moveable stall complies with [F82 such requirements as the Scottish Ministers may by order made by statutory instrument specify].

[F83 (4A) A food authority referred to in subsection (4) is a food authority in Scotland which, in respect of the activity mentioned in that subsection—

(a) has registered the establishment that carries out or intends to carry out the activity for the purposes of Article 6.2 of Regulation ECNo. 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, or

(b) where no such food authority has registered the establishment for those purposes, a food authority which is—

(i) the licensing authority to which the application mentioned in subsection (4) in respect of the activity is made, or

(ii) another licensing authority to which an application for a street trader's licence in respect of the activity is or has been made.]

[F84 (5) An order under subsection (4) may specify requirements by reference to provision contained in another enactment.

(6) A statutory instrument containing an order made under subsection (4) is subject to annulment in pursuance of a resolution of the Scottish Parliament.]

Textual Amendments

F78 Words substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59(10), Sch. 3 para. 25(a)

F79 Words substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59(10), Sch. 3 para. 25(b)(i)

F80 Words in s. 39(4) substituted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 56(a)(i), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch. (with art. 3)

F81 Words in s. 39(4) inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 56(a)(ii), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch. (with art. 3)

F82 Words in s. 39(4) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 175(2), 206(1); S.S.I. 2011/178, art. 2, sch. (with sch.)

F83 S. 39(4A) inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 56(b), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch. (with art. 3)

F84 S. 39(5)(6) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 175(3), 206(1); S.S.I. 2011/178, art. 2, sch. (with sch.)

Marginal Citations

M12 1871 c. 96.

40 Market operators’ licences. S

(1) Subject to subsection (2) below, a licence, to be known as a “market operator’s licence”, shall be required for carrying on a private market.

(2) A market operator’s licence shall not be required for carrying ; on either of the following—

(a) functions held by charitable, religious, youth, recreational, community, political or similar organisations;

(b) markets held only for the sale of livestock, fodder or grain.

(3) In addition to any other condition which may be included, a licence in respect of a private market shall include conditions as to—

(a) the regulation of days and hours of opening;

(b) the provision of adequate toilet facilities;

(c) the layout of the site or premises on which the market is to be held;

(d) the maintenance of order and public safety.

(4) In this section, “private market” means a market, whether covered or not, carried on by any person other than a local or public authority at which goods are offered by more than one seller for sale by retail to the public.

41 Public entertainment licences. S

(1) A licence, to be known as a “public entertainment licence”, shall be required for the use of premises as a place of public entertainment.

(2) In this section, “place of public entertainment” means any place whereF85 ... members of the public are admitted or may use any facilities for the purposes of entertainment or recreation but does not include—

(a) an athletic or sports ground while being used as such;

[F86 (aa) premises in respect of which a licence is required under section 41A of this Act while such premises are being used for the purposes mentioned in that section;]

(b) an educational establishment while being used as such;

(c) premises belonging to or occupied by any religious body while being used wholly or mainly for purposes connected with that body;

(d) premises licensed under the M13 Theatres Act 1968 [F87 or section 1 of the Cinemas Act 1985] ;

[F88 (e) premises in respect of which there is a club gaming permit (within the meaning of section 271 of the Gambling Act 2005 (c.19)) or a prize gaming permit (within the meaning of section 289 of that Act of 2005);]

(f) [F89 premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005 has effect] in which public entertainment is being provided during [F90 licensed] hours within the meaning of that Act; F91 ...

(g) premises in which machines for entertainment or amusement are being provided incidentally to the main purpose or use of the premises where that main purpose or use is not as a place of public entertainment.[F92 , or

(h) such other premises as the Scottish Ministers may by order made by statutory instrument specify.]

[F93 (2A) A statutory instrument containing an order made under subsection (2)(h) is subject to annulment in pursuance of a resolution of the Scottish Parliament.]

(3) Without prejudice to [F94 section 3B of and ] paragraph 5 of Schedule 1 to this Act, a licensing authority may attach conditions to a public entertainment licence—

(a) restricting the use of the premises to a specified kind or specified kinds of entertainment or recreation;

(b) limiting the number of persons to be admitted to the premises;

(c) fixing the days and times when the premises may be open for the purposes of the entertainment or recreation.

(4) In this section, “educational establishment” has the meaning given by paragraphs (i) and (ii) of the definition of that expression in section 135(1) of the M14 Education (Scotland) Act 1980 but includes a university and a theological college.

Textual Amendments

F85 Words in s. 41(2) repealed (1.4.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 176(2)(a), 206(1); S.S.I. 2011/178, art. 2, sch.

F86 S. 41(2)(aa) inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:2), s. 44(5)

F87 Words in s. 41(2)(d) substituted (1.4.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 176(2)(b), 206(1); S.S.I. 2011/178, art. 2, sch.

F88 S. 41(2)(e) substituted (1.4.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 176(2)(c), 206(1); S.S.I. 2011/178, art. 2, sch.

F89 Words in s. 41(2)(f) substituted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 75, 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 3)

F90 Word in s. 41(2)(f) substituted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 6 para. 6(2)(b) (with s. 143); S.S.I. 2007/472, art. 3

F91 Word in s. 41(2) repealed (1.4.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 176(2)(d), 206(1); S.S.I. 2011/178, art. 2, sch.

F92 S. 41(2)(h) and word added (1.4.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 176(2)(e), 206(1); S.S.I. 2011/178, art. 2, sch.

F93 S. 41(2A) inserted (1.4.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 176(3), 206(1); S.S.I. 2011/178, art. 2, sch.

F94 Words in s. 41(3) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 172(5), 206(1); S.S.I. 2011/178, art. 2, sch. (with sch.)

Marginal Citations

M13 1968 c. 54.

M14 1980 c. 44.

[F95 41A Indoor sports entertainment licences. S

(1) Subject to subsection (2) below, a licence to be known as an “indoor sports entertainment licence” shall be required for the use of premises as a place of public sports entertainment.

(2) Subsection (1) above shall not apply to any occasion on which the entertainment of the public by the sport is not the principal purpose for which the premises are used but this provision does not apply in relation to a sports complex.

(3) Without prejudice to paragraph 5 of Schedule 1 to this Act, a licensing authority may attach conditions to an indoor sports entertainment licence—

(a) restricting the use of the premises to a specified kind or specified kinds of public sports entertainment;

(b) limiting the number of persons to be admitted to the premises;

(c) fixing the days and times when the premises may be open for the purposes of public sports entertainment.

(4) In this section—

• “premises” means any permanent or temporary building and any tent or inflatable structure and includes a part of a building where the building is a sports complex but does not include a part of any other building;

• “public sports entertainment” means any sporting event to which the public are invited as spectators;

• “sporting event” means any contest, exhibition or display of any sport;

• “sports complex” means a building—

(a) which provides accommodation and facilities for both those engaging in sport and spectators; and

(b) the parts of which are so arranged that one or more sports can be engaged in simultaneously in different parts of the building; and

“sport” includes any game in which physical skill is the predominant factor and any form of physical recreation which is also engaged in for purposes of competition or display, except dancing (in any form).]

Textual Amendments

F95 S. 41A inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:2), s. 44(1)

42 Late hours catering licences. S

(1) A licence, to be known as a “late hours catering licence”, shall be required for the use of premises between the hours of eleven o’clock in the evening and five o’clock the following morning for the sale to or consumption by the public of [F96 food] .

(2) The reference in subsection (1) above to the sale of [F97 food] is a reference to the sale of [F97 food] for consumption on as well as off the premises in which [F98 it is] sold.

(3) Without prejudice to paragraph 5 of Schedule 1 to this Act, a licensing authority may attach conditions to a late hours catering licence fixing the days and hours during which the premises may be open for business, and different days and hours may be fixed for the sale of [F99 food] for consumption on the premises from those fixed for the sale of [F99 food] for consumption off the premises.

(4) A late hours catering licence shall not be required in respect of—

(a) the use as such of licensed premises within the meaning of the Licensing (Scotland) Act [F100 2005 (asp 16)] ; or

(b) premises being used in accordance with a public entertainment licence.

(5) A licensing authority may, on application made to them, exempt the use of premises requiring a late hours catering licence from the requirement to have such a licence—

(a) in respect of any particular occasion; or

(b) during a specified period not exceeding 2 months in any period of 12 months.

(6) The licensing authority may attach conditions to an exemption granted under subsection (5) above, and the provisions of Part I of this Act relating to the attaching of conditions to licences and subsection (3) above shall apply to the attaching of conditions to exemptions under this subsection.

[F101 (7) In this section “food” has the meaning given in section 1 of the Food Safety Act 1990 (c.16).]

Textual Amendments

F96 Word in s. 42(1) substituted (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(2), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)

F97 Word in s. 42(2) substituted (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(2), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)

F98 Words in s. 42(2) substituted (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(3), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)

F99 Word in s. 42(3) substituted (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(4), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)

F100 Words in s. 42(4)(a) substituted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 6 para. 6(3) (with s. 143); S.S.I. 2007/472, art. 3

F101 S. 42(7) added (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(5), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)

43 Window cleaners’ licences. S

A licence, to be known as a “window cleaner’s licence” shall be required for carrying on the trade of, or being employed as, a window cleaner.

44 Additional activities. S

(1) The Secretary of State may, by order made by statutory instrument, designate any activity other than one of those specified in this Part of this Act—

(a) as an activity for which, subject to a resolution of the licensing authority in relation to it under section 9 of this Act, a licence shall be required and which, subject to such a resolution, shall be regulated in accordance with the provisions specified in the order; or

(b) as an activity for which a licence shall be required and which shall be regulated in accordance with the provisions specified in the order.

(2) An order made under this section may provide—

(a) that Part I of this Act, with such modifications if any as may be specified in the order, shall have effect for the purposes of the licensing of the activity designated by the order;

(b) for the regulation of the activity designated by the order;

(c) for the repeal or modification of any enactment which provides (whether consistently or not) for the same matter as the order;

(d) without prejudice to any provision of Part I of this Act which has effect, with or without modification, by virtue of paragraph (a) above, for the creation of offences and for making offenders liable, on summary conviction, to imprisonment for a period not exceeding 60 days or such lesser maximum period as may be specified in the order or to a fine not exceeding [F102 level 3 on the standard scale] or such lesser maximum fine as may be so specified or to both such fine and such imprisonment.

(3) No order shall be made under this section unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Subordinate Legislation Made

P1 S. 44: s. 44 power exercised by S.I. 1991/1253. For previous exercise of power see Index to Government Orders.

Textual Amendments

F102 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

Modifications etc. (not altering text)

C7 S. 44(1) extended by Salmon Act 1986 (c. 62, SIF 52:2), ss. 20(1), 43(1)