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Civic Government (Scotland) Act 1982, Section 44 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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 [F1level 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
P1S. 44: s. 44 power exercised by S.I. 1991/1253. For previous exercise of power see Index to Government Orders.
Textual Amendments
F1Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Modifications etc. (not altering text)
C1S. 44(1) extended by Salmon Act 1986 (c. 62, SIF 52:2), ss. 20(1), 43(1)
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