The Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010

Repeal and saving of section 12 of the 1986 Act and provisions of Schedule 3 to the 1982 Act

2.—(1) Subject as follows, the following provisions are repealed—

(a) section 12 of the 1986 Act (amendment of law relating to sex establishments), and

(b) any provisions of Schedule 3 to the 1982 Act (control of sex establishments) so far as they have effect by virtue of section 12 of the 1986 Act.

(2) Section 12 of the 1986 Act and any such provisions of Schedule 3 to the 1982 Act continue to apply on and after the commencement date in a relevant area until the amendments to Schedule 3 to the 1982 Act made by section 27 of the 2009 Act come into force in that area.

(3) Anything done or omitted to be done in relation to any sex encounter establishment under or in connection with any provision of Schedule 3 to the 1982 Act so far as it has effect in a relevant area by virtue of section 12 of the 1986 Act is, if in force or effective immediately before the operative date, to be treated as if done or omitted to be done in relation to the premises as a sexual entertainment venue under or in connection with the corresponding provision of Schedule 3 to the 1982 Act as amended by section 27 of the 2009 Act so far as that is required for continuing its effect on or after the operative date and so far as the use of the premises is of a kind for which a licence for a sexual entertainment venue is required.

(4) In particular and to this extent, a licence for a sex encounter establishment which is in force immediately before the operative date under Schedule 3 to the 1982 Act as it has effect by virtue of section 12 of the 1986 Act is to be treated, on and after the operative date, as a licence for a sexual entertainment venue under Schedule 3 to the 1982 Act as amended by section 27 of the 2009 Act (and the licence is to be read as modified accordingly).

(5) Paragraphs (3) and (4) are without prejudice to section 16 of the Interpretation Act 1978(1) (general provisions) (and, in particular, the continued operation in relation to any offence committed before the operative date of Schedule 3 to the 1982 Act so far as it has effect in a relevant area by virtue of section 12 of the 1986 Act).

(6) In this article—

“the commencement date” means 6th April 2010,

“the operative date”, in relation to a relevant area, means the day on which the amendments to Schedule 3 to the 1982 Act made by section 27 of the 2009 Act come into force in that area,

“relevant area” means an area in relation to which the local authority have, before the commencement date, resolved that the amendments to Schedule 3 to the 1982 Act as set out in section 12(4) of the 1986 Act shall apply,

“premises” has the meaning given by paragraph 2A(14) of Schedule 3 to the 1982 Act,

“sex encounter establishment” has the meaning given by paragraph 3A of Schedule 3 to the 1982 Act as it has effect by virtue of section 12 of the 1986 Act,

“sexual entertainment venue” has the meaning given by paragraph 2A of Schedule 3 to the 1982 Act.

(1)

1978 c. 30.