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