Back to the Scottish Parliament Business Bulletin No.127/2005: Wednesday 14 September 2005
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Section G – Bills

New amendments to Bills lodged on 13 September 2005

Housing (Scotland) Bill – Stage 2

After section 159

Patrick Harvie

1 After section 159, insert—

<PART

ENERGY EFFICIENCY

Energy efficiency of residential accommodation

(1) The Scottish Ministers must take reasonable steps to ensure that the general level of energy efficiency of residential accommodation has increased—

(a) by 2010, by at least 20 per cent compared with the general level of such energy efficiency in 2000; and

(b) by 2020, by at least a further 20 per cent compared with the general level of such energy efficiency in 2010.

(2) The Scottish Ministers must produce a strategy (to be known as the "domestic energy efficiency strategy") setting out the measures which they will take to ensure the targets mentioned in subsection (1) are achieved.

(3) The Scottish Ministers must report to the Scottish Parliament on progress and review the strategy referred to in subsection (2) every five years.

(4) In this section, "residential accommodation" has the meaning given by section 1 of the Home Energy Conservation Act 1995 (c.10).>

Licensing (Scotland) Bill – Stage 2

Section 1

George Lyon

6 In section 1, page 1, leave out line 13 and insert—

<(b) to trade.>

Schedule 1

George Lyon

7 In schedule 1, page 81, line 14, leave out <in writing>

George Lyon

8 In schedule 1, page 81, line 35, leave out <in writing to> and insert <to the>

George Lyon

9 In schedule 1, page 84, line 10, leave out <3 members> and insert <one half of the number of members (but in any case not fewer than 3)>

Schedule 2

George Lyon

10 In schedule 2, page 85, line 13, leave out <10> and insert <15>

George Lyon

11 In schedule 2, page 85, line 14, at end insert—

<( ) The Scottish Ministers may by order substitute another number for the minimum or maximum number of members for the time being specified in sub-paragraph (1).>

George Lyon

12 In schedule 2, page 86, line 6, at end insert—

<( ) Meetings of a Forum must be held in public.>

Section 13

George Lyon

13 In section 13, page 7, line 15, at end insert—

<( ) A person may hold more than one appointment under subsection (1) (so as to be a Licensing Standards Officer for more than one council area).>

George Lyon

14 In section 13, page 7, line 16, after first <the> insert <(or each)>

Section 15

George Lyon

15 In section 15, page 8, line 23, leave out subsection (2)

George Lyon

16 In section 15, page 8, line 29, leave out <subsections (1) and (2)> and insert <subsection (1)>

George Lyon

17 In section 15, page 8, line 34, after <any> insert <licensed>

George Lyon

18 In section 15, page 9, line 1, leave out <in the case of licensed premises,>

George Lyon

19 In section 15, page 9, line 5, leave out from beginning to <premises,> in line 6

After section 15

George Lyon

20 After section 15, insert—

<Training of Licensing Standards Officers

(1) A Licensing Standards Officer must comply with such requirements as to the training of Licensing Standards Officers as may be prescribed.

(2) If a Licensing Standards Officer fails to comply with subsection (1), the (or each) council which appointed the Officer must terminate the Officer’s appointment.

(3) Regulations under subsection (1) prescribing training requirements may, in particular—

(a) provide for accreditation by the Scottish Ministers of—

(i) courses of training, and

(ii) persons providing such courses,

for the purposes of the regulations,

(b) prescribe different requirements in relation to different descriptions of Licensing Standards Officers, and

(c) require that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be prescribed in the regulations.>

Section 18

George Lyon

21 In section 18, page 10, line 4, at end insert—

<( ) An individual may not, at any one time, be the premises manager of more than one licensed premises; and, accordingly, if an individual who is the premises manager of licensed premises is subsequently specified in the premises licence of other licensed premises as the premises manager of those other premises, the subsequent specification is of no effect.>

Section 19

George Lyon

22 In section 19, page 10, line 24, at end insert—

<( ) a statement of the times at which any other activities in addition to the sale of alcohol are to be carried on in the premises,

( ) where alcohol is to be sold for consumption on the premises, a statement as to whether children or young persons are to be allowed entry to the premises and, if they are to be allowed entry, a statement of the terms on which they are allowed entry including, in particular—

(i) the ages of children or young persons to be allowed entry,

(ii) the times at which they are to be allowed entry, and

(iii) the parts of the premises to which they are to be allowed entry,

( ) information as to the proposed capacity of the premises,>

Section 20

George Lyon

23 In section 20, page 10, line 34, after <situated> insert <(except where the council is the applicant)>

George Lyon

24 In section 20, page 10, line 36, leave out from <fire> to end of line and insert <enforcing authority within the meaning of section 61 of the Fire (Scotland) Act 2005 (asp 5) in respect of the premises.>

George Lyon

25 In section 20, page 11, line 7, leave out <a partnership or a company> and insert <neither an individual nor a council>

Section 21

George Lyon

26 In section 21, page 11, line 25, leave out <in writing>

George Lyon

27 In section 21, page 11, line 33, at end insert—

<( ) The appropriate chief constable may, under subsection (1)(a), object to a premises licence application only on the ground that—

(a) the chief constable has reason to believe that—

(i) the applicant, or

(ii) in the cases where the applicant is neither an individual nor a council or where the application is in respect of premises which are to be used wholly or mainly for the purposes of a club, any connected person,

is involved in serious organised crime, and

(b) by reason of that involvement, the chief constable considers that it is necessary for the purposes of the crime prevention objective that the application be refused.>

George Lyon

28 In section 21, page 12, line 2, after <if> insert <the Board considers>

Section 22

George Lyon

29 In section 22, page 12, line 16, at end insert—

<( ) In considering and determining the application, the Board must take account of the documents accompanying the application under section 19(2)(b).>

George Lyon

30 In section 22, page 12, line 17, leave out subsections (3) and (4) and insert—

<( ) The Board must, in considering and determining the application, consider whether any of the grounds for refusal applies and—

(a) if none of them applies, the Board must grant the application, or

(b) if any of them applies, the Board must refuse the application.>

Schedule 3

George Lyon

31 In schedule 3, page 87, line 29, leave out paragraph 7 and insert—

<7 Where the price at which any alcohol sold on the premises is varied—

(a) the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, and

(b) no further variation of the price at which that or any other alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.>

George Lyon

32 In schedule 3, page 87, leave out lines 35 and 36

George Lyon

33 In schedule 3, page 88, line 1, at beginning insert <Subject to sub-paragraph (3A),>

George Lyon

34 In schedule 3, page 88, line 10, at end insert—

<( ) encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume,>

George Lyon

35 In schedule 3, page 88, line 15, at end insert—

<(3A) Paragraphs (b) to (d) of sub-paragraph (3) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the premises.>

George Lyon

36 In schedule 3, page 88, line 16, after <(3)> insert <or (3A)>

George Lyon

37 In schedule 3, page 88, line 18, at end insert <, or

( ) extend or restrict the application of any of those descriptions of drinks promotions.>

Section 27

George Lyon

38 In section 27, page 16, leave out lines 37 to 39 and insert—

<( ) any variation of the layout plan, if the variation does not result in any inconsistency with the operating plan,>

George Lyon

39 In section 27, page 17, line 2, leave out from <change> to <persons> in line 3 and insert <restriction or proposed restriction of the terms on which they are allowed>

Section 31

George Lyon

40 In section 31, page 19, line 15, leave out <a partnership or a company> and insert <neither an individual nor a council>

George Lyon

41 In section 31, page 19, line 19, leave out <a partnership or a company> and insert <neither an individual nor a council>

Section 35

George Lyon

42 In section 35, page 22, line 14, leave out <must be made in writing and>

Section 41

George Lyon

43 In section 41, page 24, line 31, leave out <a company or a partnership> and insert <neither an individual nor a council>

Section 42

George Lyon

44 In section 42, page 25, line 17, leave out <a partnership or a company> and insert <neither an individual nor a council>

After section 48

George Lyon

45 After section 48, insert—

<Notification of determinations

(1) Where a Licensing Board grants or refuses an application under this Part, the Board must give notice of the grant or refusal to—

(a) the applicant,

(b) the appropriate chief constable, and

(c) in the case of the grant or refusal of a premises licence application, any person who gave a notice of objection or representation under section 21(1) in respect of the application.

(2) A person to whom notice is given under subsection (1) may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the grant or refusal of the application.

(3) Where the clerk to a Licensing Board receives a notice under subsection (2), the Board must issue a statement of the reasons for the grant or refusal of the application to—

(a) the person giving the notice, and

(b) each other person to whom the Board gave notice under subsection (1).

(4) A statement of reasons under subsection (3) must be issued—

(a) by such time, and

(b) in such form and manner,

as may be prescribed.>

Section 51

George Lyon

46 In section 51, page 32, line 1, at end insert—

<( ) the premises manager becomes incapable for any reason of acting as premises manager,>

Section 55

George Lyon

47 In section 55, page 33, line 38, leave out <in writing>

Section 56

George Lyon

48 In section 56, page 34, line 30, leave out <is established> and insert <applies>

George Lyon

49 In section 56, page 34, line 32, leave out <the grounds for refusal is established> and insert <them applies>

George Lyon

50 In section 56, page 34, line 34, leave out <the grounds for refusal is established> and insert <them applies>

After section 57

George Lyon

51 After section 57, insert—

<Notification of determinations

(1) Where a Licensing Board grants or refuses an occasional licence application, the Board must give notice of the grant or refusal to—

(a) the applicant,

(b) the appropriate chief constable, and

(c) any person who gave a notice of objection or representation under section 55(1) in respect of the application.

(2) A person to whom notice is given under subsection (1) may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the grant or refusal of the application.

(3) Where the clerk to a Licensing Board receives a notice under subsection (2), the Board must issue a statement of the reasons for the grant or refusal of the application to—

(a) the person giving the notice, and

(b) each other person to whom the Board gave notice under subsection (1).

(4) A statement of reasons under subsection (3) must be issued—

(a) by such time, and

(b) in such form and manner,

as may be prescribed.>

Schedule 4

George Lyon

52 In schedule 4, page 89, line 16, leave out paragraph 6 and insert—

<6 Where the price at which any alcohol sold on the premises is varied—

(a) the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, and

(b) no further variation of the price at which that or any other alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.>

George Lyon

53 In schedule 4, page 89, leave out lines 22 and 23

George Lyon

54 In schedule 4, page 89, line 26, at beginning insert <Subject to sub-paragraph (3A),>

George Lyon

55 In schedule 4, page 89, line 35, at end insert—

<( ) encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume,>

George Lyon

56 In schedule 4, page 90, line 4, at end insert—

<(3A) Paragraphs (b) to (d) of sub-paragraph (3) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the premises.>

George Lyon

57 In schedule 4, page 90, line 5, after <(3)> insert <or (3A)>

George Lyon

58 In schedule 4, page 90, line 7, at end insert <, or

( ) extend or restrict the application of any of those descriptions of drinks promotions.>

Section 66

George Lyon

59 In section 66, page 41, line 13, leave out <2> and insert <3>

Section 70

George Lyon

60 In section 70, page 42, line 33, leave out subsections (3) to (5) and insert—

<(2A) A person to whom notice is given under subsection (2) may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the grant or refusal of the application.

(2B) Where the clerk to a Licensing Board receives a notice under subsection (2A), the Board must issue a statement of the reasons for the grant or refusal of the application to—

(a) the person giving the notice, and

(b) each other person to whom the Board gave notice under subsection (2).

(2C) A statement of reasons under subsection (2B) must be issued—

(a) by such time, and

(b) in such form and manner,

as may be prescribed.>

Section 73

George Lyon

61 In section 73, page 44, line 35, leave out <3> and insert <4>

Section 86

George Lyon

62 In section 86, page 53, line 14, leave out <the premises licence holder> and insert <an authorised person>

George Lyon

63 In section 86, page 53, line 16, leave out <premises licence holder> and insert <authorised person>

George Lyon

64 In section 86, page 53, line 20, leave out <a premises licence holder> and insert <an authorised person>

George Lyon

65 In section 86, page 53, line 24, at end insert—

<( ) In this section, “authorised person” means, in relation to licensed premises, any of the following persons, namely—

(a) the premises licence holder,

(b) the premises manager, and

(c) any other person who—

(i) works on the premises, and

(ii) is authorised by the premises licence holder or the premises manager for the purposes of this section.>

Section 91

George Lyon

66 In section 91, page 55, line 31, leave out <this Part> and insert <section 88(1)(a) or 89(3)(a)>

George Lyon

67 In section 91, page 55, line 32, leave out <this Part> and insert <section 88(6), 89(2) or 90(3)>

Section 92

George Lyon

68 In section 92, page 56, line 6, leave out from <, and> to end of line 7

Section 95

George Lyon

69 In section 95, page 57, line 2, leave out <knowingly>

Section 99

George Lyon

70 In section 99, page 58, line 21, leave out <knowingly>

George Lyon

71 In section 99, page 58, line 23, leave out <knowingly>

George Lyon

72 In section 99, page 58, line 29, at end insert—

<(4A) It is a defence for a person charged with an offence under subsection (2) or (3)(a) (referred to in this subsection and subsection (4B) as “the accused”) to show that—

(a) the accused believed the child or young person to be aged 18 or over, and

(b) either—

(i) the accused had taken reasonable steps to establish the child’s or young person’s age, or

(ii) no reasonable person could have suspected from the child’s or young person’s appearance that the child or young person was aged under 18.

(4B) For the purposes of subsection (4A)(b)(i), the accused is to be treated as having taken reasonable steps to establish the child’s or young person’s age if and only if—

(a) the accused was shown any of the documents mentioned in subsection (4C), and

(b) that document would have convinced a reasonable person.

(4C) The documents referred to in subsection (4B)(a) are any document bearing to be—

(a) a passport,

(b) a European Union photocard driving licence, or

(c) such other document, or a document of such other description, as may be prescribed.

(4D) It is a defence for a person charged with an offence under subsection (3)(b) (“the accused”) to prove that the accused took all reasonable precautions and exercised due diligence not to commit the offence.>

George Lyon

73 In section 99, page 58, line 30, leave out subsection (5)

Section 101

George Lyon

74 In section 101, page 59, line 35, leave out <exempt> and insert <other relevant>

George Lyon

75 In section 101, page 59, line 36, leave out from <, and> to end of line 37

Section 107

George Lyon

76 In section 107, page 61, line 25, leave out subsection (3) and insert—

<(2A) Where a person refuses or fails to leave any relevant premises as mentioned in subsection (1) or (2), an authorised person may—

(a) remove the person from the premises, and

(b) if necessary for that purpose, use reasonable force.

(2B) A constable must, if—

(a) asked by an authorised person to assist in exercising a power conferred by subsection (2A), and

(b) the constable reasonably suspects the person to be removed of having refused or failed to leave as mentioned in subsection (1) or (2),

provide the assistance asked for.>

George Lyon

77 In section 107, page 61, line 28, at end insert—

<( ) In this section, “authorised person” means, in relation to any relevant premises, any of the following persons, namely—

(a) a responsible person, and

(b) any other person who—

(i) works on the premises, and

(ii) is authorised by a responsible person for the purposes of this section.>

Section 108

George Lyon

78 In section 108, page 61, line 31, leave out <wholesaler> and insert <person>

George Lyon

79 In section 108, page 61, line 31, leave out <by wholesale> and insert <to trade>

George Lyon

80 In section 108, page 61, line 32, leave out <such sales> and insert <the selling of goods (whether solely alcohol or not) to trade>

George Lyon

81 In section 108, page 61, line 35, leave out subsection (3)

Section 111

George Lyon

82 Leave out section 111

Section 114

George Lyon

83 In section 114, page 64, leave out lines 4 and 5 and insert—

<( ) any premises used for the selling of alcohol to trade.>

George Lyon

84 In section 114, page 64, line 11, leave out <exempt> and insert <other relevant>

George Lyon

85 In section 114, page 64, line 13, leave out from beginning to <wholesaler,>

Section 115

George Lyon

86 In section 115, page 64, line 31, at beginning insert <subject to subsection (4A),>

George Lyon

87 In section 115, page 64, line 31, leave out <primarily>

George Lyon

88 In section 115, page 64, line 32, leave out <primarily>

George Lyon

89 In section 115, page 65, line 1, leave out <primarily>

George Lyon

90 In section 115, page 65, line 5, at end insert—

<(4A) Despite subsection (2)(b), premises used for the sale by retail of petrol or derv or which form part of premises so used are not excluded premises if persons resident in the locality in which the premises are situated are, or are likely to become, reliant to a significant extent on the premises as the principal source of—

(a) petrol or derv, or

(b) groceries (where the premises are, or are to be, used also for the sale by retail of groceries).>

Section 116

George Lyon

91 In section 116, page 65, leave out lines 35 and 36

Section 119

George Lyon

92 In section 119, page 67, leave out lines 30 and 31

George Lyon

93 In section 119, page 67, leave out line 32

Section 120

George Lyon

94 In section 120, page 68, line 6, at end insert—

<( ) Regulations under subsection (1) may provide, in relation to any offence or description of offence prescribed in them, that a person is to be treated, for the purposes of such provisions of this Act as may be specified in the regulations, as having been convicted of the offence only if the person—

(a) accumulates such number of separate convictions for the offence, or

(b) is convicted of committing the offence on such number of separate occasions,

as may be so specified.>

Section 122

George Lyon

95 In section 122, page 68, line 30, leave out subsections (1) and (2) and insert—

<(1) A decision of a Licensing Board specified in the left-hand column of schedule (Appeals) may be appealed by the person specified in the right-hand column of that schedule.>

George Lyon

96 In section 122, page 68, line 38, leave out subsection (3) and insert—

<(3) An appeal under this section is to be made by way of stated case, at the instance of the appellant, to—

(a) where the decision appealed is specified in Part 1 of schedule (Appeals), the sheriff principal, or

(b) where the decision appealed is specified in Part 2 of that schedule, the sheriff,

of the appropriate sheriffdom.>

George Lyon

97 In section 122, page 69, line 1, leave out subsection (4)

After schedule 4

George Lyon

98 After schedule 4, insert—

<SCHEDULE

(introduced by section 122(1))

APPEALS

PART 1

APPEALS TO THE SHERIFF PRINCIPAL

Decision

Persons who can appeal

A decision to refuse a premises licence application

The applicant

A decision to refuse a premises licence variation application

The applicant

A decision to refuse an application under section 31(1) or 32(1) for transfer of a premises licence

The applicant

A decision to refuse an application under section 33(1) for a variation of a premises licence

The applicant

A decision under section 37(1) to issue a written warning to a premises licence holder, to make a variation of a premises licence, or to suspend or revoke such a licence

The premises licence holder or, where the decision is taken in connection with a premises licence review application, the applicant

A decision to refuse an application under section 38 to revoke a variation or suspension of a premises licence

The applicant

A decision to refuse an application under section 43(7) to extend the provisional period in relation to a provisional premises licence

The applicant

A decision to refuse an application under section 44(4) to confirm a provisional premises licence

The applicant

A decision to refuse an application under section 45(2) to issue a premises licence for temporary premises

The applicant

A decision to refuse an application under section 45(6) to extend the period for which a temporary premises licence has effect

The applicant

A decision to refuse an occasional licence application

The applicant

A decision to grant an occasional licence application

Any person who has given a notice of objection under section 55(1)

 

PART 2

APPEALS TO THE SHERIFF

Decision

Persons who can appeal

A decision to refuse a personal licence application

The applicant

A decision to make an order under section 74(9), 75(7), or 77(3) revoking, suspending or endorsing a personal licence>

The personal licence holder

Section 123

George Lyon

99 In section 123, page 69, line 38, leave out subsection (4) and insert—

<( ) A sheriff principal may authorise, whether generally or specifically, any other sheriff of the sheriff principal’s sheriffdom to consider and determine an appeal made to the sheriff principal under section 122(3)(a).>

George Lyon

100 In section 123, page 70, line 6, at end insert <, subject to subsection (7A)>

George Lyon

101 In section 123, page 70, line 6, at end insert—

<(7A) Where an appeal is taken against a decision of a Licensing Board to suspend or revoke a premises licence, the sheriff principal may—

(a) on the application of the appellant, and

(b) if satisfied on the balance of convenience that it is appropriate to do so,

recall the suspension or revocation pending determination of the appeal.>

Section 125

George Lyon

102 In section 125, page 70, line 26, after <application> insert <, proposal>

George Lyon

103 In section 125, page 70, line 29, after <application> insert <, proposal>

George Lyon

104 In section 125, page 70, line 35, after <application> insert <, proposal>

After section 134

George Lyon

105 After section 134, insert—

<Modification of enactments

Schedule (Modification of enactments), which modifies enactments, has effect.>

After schedule 4

George Lyon

106 After schedule 4, insert—

< SCHEDULE

(introduced by section (Modification of enactments))

MODIFICATION OF ENACTMENTS

Children and Young Persons Act 1963 (c.37)

1 In section 37(2)(b)(ii) (restriction on persons under 16 taking part in public performances within licensed premises) of the Children and Young Persons Act 1963, for “1976) or in respect of which a club is registered under that Act” substitute “2005 (asp 00))”.

Countryside (Scotland) Act 1967 (c.86)

2 In section 78(1) (interpretation) of the Countryside (Scotland) Act 1967, in the definition of “refreshments”, for “alcoholic liquor within the meaning of the Licensing (Scotland) Act 1976” substitute “alcohol within the meaning of section 2 of the Licensing (Scotland) Act 2005 (asp 00)”.

New Towns (Scotland) Act 1968 (c.16)

3 (1) The New Towns (Scotland) Act 1968 is amended as follows.

(2) In section 18(2) (disposal of land by development corporations), in the proviso, for “alcoholic liquor” substitute “alcohol”.

(3) In section 47(1) (interpretation), for the definition of “alcoholic liquor”, substitute the following definition—

““alcohol” has the meaning given by section 2 of the Licensing (Scotland) Act 2005 (asp 00)”.

Water (Scotland) Act 1980 (c.45)

4 In section 50(1)(b) (power to require supply by meter to certain premises) of the Water (Scotland) Act 1980, for “1976” substitute “2005 (asp 00)”.

Local Government, Planning and Land Act 1980 (c.65)

5 In section 146 (disposal of land by urban development corporation) of the Local Government, Planning and Land Act 1980, for subsection (6) substitute—

“(6) In this section “alcohol” has the meaning given by section 2 of the Licensing (Scotland) Act 2005 (asp 00).”.

Civic Government (Scotland) Act 1982 (c.45)

6 (1) The Civic Government (Scotland) Act 1982 is amended as follows.

(2) In section 41(2)(f) (exclusion of licensed premises from definition of place of public entertainment)—

(a) for “1976” substitute “2005 (asp 00)”, and

(b) for “the permitted” substitute “licensed”.

(3) In section 42(4)(a) (late hours catering licence not required in respect of licensed premises), for “1976” substitute “2005 (asp 00)”.

Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)

7 (1) The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.

(2) In section 22 (presumption as to contents of container), for “Section 127 of the Licensing (Scotland) Act 1976 (presumption as to contents of container)” substitute “Section 131 of the Licensing (Scotland) Act 2005 (asp 00) (presumption as to liquid contents of containers)”.

(3) In section 23 (interpretation of Part II), for the definition of “alcohol”, substitute the following definition—

““alcohol” has the meaning given in section 2 of the Licensing (Scotland) Act 2005 (asp 00);”.

Crime and Punishment (Scotland) Act 1997 (c.48)

8 (1) Section 61 (confiscation of alcohol from persons under 18) of the Crime and Punishment (Scotland) Act 1997 is amended as follows.

(2) In subsection (1)—

(a) in paragraph (b), for “alcoholic liquor, within the meaning of the Licensing (Scotland) Act 1976” substitute “alcohol”, and

(b) for “that liquor” substitute “the alcohol”.

(3) In subsection (2), for—

(a) “alcoholic liquor”, and

(b) “liquor” in each place where that words appears,

substitute “alcohol”.

(4) In subsection (6), for “1976” substitute “2005 (asp 00)”.

(5) After subsection (6) insert—

“(7) In this section, “alcohol” has the meaning given in section 2 of the Licensing (Scotland) Act 2005 (asp 00)”.

Scottish Public Services Ombudsman Act 2002 (asp 11)

9 In paragraph 10 of part 1 of schedule 2 (authorities not amendable by Order in Council) to the Scottish Public Services Ombudsman Act 2002, for “within the meaning of the Licensing (Scotland) Act 1976 (c.66)” substitute “continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 00)”.

Freedom of Information (Scotland) Act 2002 (asp 13)

10 In paragraph 23 of part 3 of schedule 1 (local government) to the Freedom of Information (Scotland) Act 2002, for “constituted in accordance with the provisions of section 1 of the Licensing (Scotland) Act 1976 (c.66)” substitute “continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 00)”.>

Section 136

George Lyon

107 In section 136, page 75, line 32, leave out from <(except> to <135)> in line 33 and insert <except—

(a) an order under section 115(5) or 140(2),

(b) regulations under section 25(2) or 130(3), and

(c) where subsection (5) applies, an order under section 135,>

George Lyon

108 In section 136, page 75, line 35, after <No> insert—

<(a) order under section 115(5),

(b) regulations under section 25(2) or 130(3), or

(c)>

George Lyon

109 In section 136, page 75, line 37, after <order> insert <or regulations>

Section 137

George Lyon

110 In section 137, page 76, line 11, at end insert—

<“capacity”, in relation to licensed premises, means—

(a) in relation to licensed premises on which alcohol is sold for consumption on the premises (including any such premises on which alcohol is also sold for consumption off the premises), the maximum number of customers which can be accommodated in the premises at any one time, and

(b) in relation to licensed premises on which alcohol is sold only for consumption off the premises, the amount of space in the premises given over to the display of alcohol for sale,>

George Lyon

111 In section 137, page 76, line 25, at end insert—

<“railway vehicle” means a railway vehicle within the meaning of section 83 of the Railways Act 1993 (c.43) that is used in the provision of a railway service within the meaning of section 82 of that Act (excluding the wider meaning of “railway” given by section 81(2) of that Act),>

George Lyon

112 In section 137, page 76, line 32, at end insert—

<“senior police officer” means a constable of or above the rank of superintendent,>

George Lyon

113 In section 137, page 76, leave out lines 40 to 42

George Lyon

114 In section 137, page 77, line 1, at end insert—

<(1A) In this Act, references to selling alcohol or other goods to trade are references to selling the alcohol or goods to a person for the purposes of the person’s trade; and related expressions are to be construed accordingly.>

George Lyon

115 In section 137, page 77, line 2, leave out <or a club> and insert <, a club or other body (whether incorporated or unincorporated)>

George Lyon

116 In section 137, page 77, line 8, at end insert—

<( ) in any other case, is concerned in the management or control of the body.>

Section 138

George Lyon

117 In section 138, page 77, line 25, at end insert—

<capacity (in relation to licensed premises) section 137(1)>

George Lyon

118 In section 138, page 78, line 8, at end insert—

<licensed hours section 58(1)>

George Lyon

119 In section 138, page 78, line 10, at end insert—

<licensing policy statement section 6(1)>

George Lyon

120 In section 138, page 79, line 4, at end insert—

<railway vehicle section 137(1)>

George Lyon

121 In section 138, page 79, line 8, at end insert—

<selling to trade section 137(1A)>

George Lyon

122 In section 138, page 79, line 8, at end insert—

<senior police officer section 137(1)>

George Lyon

123 In section 138, page 79, line 10, at end insert—

<supplementary licensing policy statement section 6(2)>

George Lyon

124 In section 138, page 79, leave out lines 16 and 17

Schedule 5

George Lyon

125 In schedule 5, page 90, line 24, at end insert—

<Finance Act 1970 (c.24) Section 6

Local Government (Scotland) Act 1973 Paragraph 36 of Schedule 24

(c.65)

Paragraph 17 of Schedule 25>

George Lyon

126 In schedule 5, page 90, line 26, at end insert—

<Alcoholic Liquor Duties Act 1979 Section 77(6)

(c.4)>

George Lyon

127 In schedule 5, page 90, line 28, at end insert—

<Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55) Section 21

Paragraphs 9 to 11 of Schedule 2

Local Government, Planning and Land Act 1980 (c.65) In section 146(3), the words “or alcoholic liquor”

Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c.23) Paragraphs 4 and 5 of Schedule 2

Roads (Scotland) Act 1984 (c.54) Paragraph 77 of Schedule 9

Transport Act 1985 (c.67) Paragraph 18 of Schedule 7

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73) Section 53

Housing (Scotland) Act 1987 (c.26) Subsection (3) of section 5

Food Safety Act 1990 (c.16) Paragraph 19 of Schedule 3

Licensing (Low Alcohol Drinks) Act 1990 (c.21)The whole Act>

George Lyon

128 In schedule 5, page 90, line 32, at end insert—

<Finance Act 1991 (c.31) In paragraph 1(a) of Schedule 2, the words “or the Licensing (Scotland) Act 1976,”>

George Lyon

129 In schedule 5, page 91, line 4, leave out <Paragraph> and insert <Paragraphs 23 and>

George Lyon

130 In schedule 5, page 91, line 4, at end insert—

<The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) In section 19(2), the words from “Notwithstanding” to “but”>

Management of Offenders etc. (Scotland) Bill – Stage 2

Section 1

Hugh Henry

2 In section 1, page 1, line 22, leave out <section 27(1)> and insert <any of sections 27(1) or (1A) or 27ZA>

Section 2

Hugh Henry

3 In section 2, page 2, line 39, after <under> insert—

<(i)>

Hugh Henry

4 In section 2, page 2, line 41, at end insert <or

(ii) section 27B(1) of that Act (grants in respect of hostel accommodation for persons under supervision);>

Hugh Henry

5 In section 2, page 3, line 12, at end insert—

<(5A) Any grant paid to a local authority by virtue of subsection (5)(e) is subject to such conditions as the community justice authority may determine.

(5B) But conditions determined under subsection (5A) are subject to any conditions determined, as respects the grant in question, under section 27A(1B) or 27B(1B) of the Social Work (Scotland) Act 1968 by the Scottish Ministers.>

Hugh Henry

6 In section 2, page 3, line 14, at end insert—

<( ) A report made under paragraph (g) of subsection (5) must be published by the community justice authority in such manner as it considers appropriate.

( ) A community justice authority is, on receiving a report submitted to it under section 10(2)(c), to send a copy of that report to the Scottish Ministers.>

Hugh Henry

7 In section 2, page 3, line 24, leave out from <may> to end of line 26 and insert—

<(a) may from time to time issue to a community justice authority guidance as to—

(i) the exercise of its functions; or

(ii) its actings under section 3; and

(b) where they have issued such guidance but are satisfied that the authority—

(i) is not complying; and

(ii) is not likely to comply,

with it, may issue directions to the authority as to the exercise or actings in question.

( ) But before issuing directions under subsection (10)(b), the Scottish Ministers are—

(a) to give written notice of at least 7 days to the community justice authority that they intend to issue the directions; and

(b) to consider any representations in that regard made to them, within those 7 days, by the authority.

( ) The community justice authority may appeal to the sheriff, against any directions so issued, on the grounds (either or both)—

(a) that the directions are unreasonable,

(b) that to issue them was unreasonable.

( ) Within one month after issuing any such directions the Scottish Ministers are to lay a report before the Parliament containing a copy of the directions and a statement as to the reason for issuing them.>

Hugh Henry

8 In section 2, page 3, line 37, leave out <(10)(a)> and insert <(10)(b)>

Hugh Henry

9 In section 2, page 4, line 8, leave out <bodies as are for the time being designated as such> and insert <persons as are for the time being designated as partner bodies>

Section 3

Hugh Henry

10 In section 3, page 4, line 21, leave out <2(10)(a)> and insert <2(10)(b)>

Hugh Henry

11 In section 3, page 4, line 41, leave out <is to> and insert <may>

Section 7

Hugh Henry

12 In section 7, page 7, line 14, leave out from second <section> to end of line 15 and insert—

<(a) any of sections 27(1) or (1A), 27ZA or 27B of the Social Work (Scotland) Act 1968 (c.49) (supervision and care of persons put on probation or released from prison etc.) which are exercisable by local authorities; and

(b) the Prisons (Scotland) Act 1989 (c.45) which are—

(i) exercisable by the Scottish Ministers; and

(ii) relate to the preparation of offenders for release from imprisonment or from detention in custody.>

Hugh Henry

13 In section 7, page 7, line 20, at end insert <; but this subsection is subject to subsection (5)>

Hugh Henry

14 In section 7, page 7, line 21, leave out <each of the local authorities> and insert <a local authority>

Hugh Henry

15 In section 7, page 7, line 23, leave out <those local authorities> and insert <that local authority>

Hugh Henry

16 In section 7, page 7, line 24, at end insert <; but before any such joint determination is made the community justice authority must, as respects its proposed effect, consult—

(a) any local authority comprised within that area and not party to the joint determination,

(b) the partner bodies (as defined by section 2(16)), and

(c) the Scottish Ministers.>

Hugh Henry

17 In section 7, page 7, line 29, at end insert—

<(b) in the case of functions mentioned in paragraph (a) of subsection (1), unless before the draft is so laid, the Scottish Ministers have—

(i) consulted, as respects the draft, the community justice authority and each of the local authorities comprised within the area of the community justice authority, and

(ii) secured the agreement of them all to its being so laid, and

(c) in the case of functions mentioned in paragraph (b) of subsection (1), unless before the draft is so laid, the Scottish Ministers—

(i) have consulted, as respects the draft, the community justice authority, and

(ii) have secured its agreement to its being so laid.>

Section 8

Hugh Henry

18 In section 8, page 7, line 33, at end insert—

<(1A) If by virtue of the revocation of an order under section 7 a function ceases to be exercisable by a community justice authority, that authority must, if requested to do so by whomever is to exercise the function in consequence of the revocation, transfer to that person any property held by it wholly or mainly for the purpose of exercising the function.>

Hugh Henry

19 In section 8, page 7, line 34, leave out <such transfer> and insert <transfer under subsection (1) or (1A)>

Hugh Henry

20 In section 8, page 7, line 35, at end insert—

<( ) Subject to subsection (2), on the transfer of property under subsection (1) or (1A), such rights and liabilities of the transferor as pertain to the property are transferred with it.>

Section 9

Hugh Henry

21 In section 9, page 7, line 38, at beginning insert <Subject to subsection (10),>

Hugh Henry

22 In section 9, page 8, line 3, after <violence> insert <and—

(i) is subject to a probation order under section 228(1) of the Criminal Procedure (Scotland) Act 1995 (c.46), or

(ii) is required, having been released from imprisonment or detention, (or will be required when so released), to be under supervision under any enactment or by the terms of an order or licence of the Scottish Ministers or of a condition or requirement imposed in pursuance of an enactment;

(ba) has, in proceedings on indictment, been acquitted of an offence inferring personal violence if—

(i) the acquittal is on the ground of insanity; and

(ii) a restriction order is made in respect of the person under section 59 of that Act of 1995 (hospital orders: restriction on discharge);

(bb) has been prosecuted on indictment for such an offence but found, under section 54(1) of that Act of 1995 (insanity in bar of trial), to be insane;>

Hugh Henry

23 In section 9, page 8, line 4, leave out <and by reason of that conviction> and insert <if, by reason of that conviction, the person>

Hugh Henry

24 In section 9, page 8, line 9, after <committed> insert <(or, if the person is subject to the notification requirements by virtue of a finding under section 80(1)(b) of the Sexual Offences Act 2003 (c.42), where anything that he was charged with having done took place)>

Hugh Henry

25 In section 9, page 8, line 11, at end insert <; or

( ) for the purposes of paragraph (ba) or (bb) of that subsection, where anything that the person was charged with having done took place.>

Hugh Henry

26 In section 9, page 8, line 12, at beginning insert <Subject to subsection (10),>

Hugh Henry

27 In section 9, page 8, line 15, at beginning insert <Subject to subsection (10),>

Hugh Henry

28 In section 9, page 8, line 20, at end insert—

<( ) In the area of each local authority the responsible authorities and the persons specified under subsection (3) must together draw up a memorandum setting out the ways in which they are to co-operate with each other.>

Hugh Henry

29 In section 9, page 8, line 27, after <authority;> insert—

<(ba) a Health Board or Special Health Board for an area any part of which is comprised within the area of the local authority;>

Hugh Henry

30 In section 9, page 8, line 37, at end insert—

<(10) The functions and duties, under the preceding provisions of this section and under section 10, of the responsible authorities mentioned in subsection (6)(ba) extend only to the establishment, implementation and review of arrangements for the assessment and management of—

(a) persons subject both—

(i) to an order under paragraph (a) (order for detention in specified hospital where accused found to be insane) of section 57(2) of the Criminal Procedure (Scotland) Act 1995; and

(ii) to an order under paragraph (b) (special restrictions) of that section;

(b) those subject both—

(i) to a compulsion order under section 57A of that Act (order for detention in specified hospital etc.); and

(ii) to a restriction order under section 59 of that Act (provision for restrictions on discharge);

(c) those subject to a hospital direction under section 59A of that Act (direction authorising removal to and detention in specified hospital); or

(d) those subject to a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (transfer of prisoners for treatment for mental disorder).

(11) But it is the duty of the responsible authorities mentioned in subsection (6)(ba) to co-operate (to the extent mentioned in subsection (4)) with the other responsible authorities, with each other and with any persons specified under subsection (3), in the establishment and implementation of arrangements for the assessment and management of persons other than those mentioned in paragraphs (a) to (c) of subsection (10).

(12) In subsection (6)(ba)—

"Health Board" means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c.29); and

"Special Health Board" means a board so constituted under section 2(1)(b) of that Act.

(13) The reference in subsection (6)(c) to the Scottish Ministers is to the Scottish Ministers in exercise of their functions under the Prisons (Scotland) Act 1989 (c.45).>

Section 10

Hugh Henry

31 In section 10, page 9, line 5, at end insert <; and

(c) submit the report to the community justice authority within the area of which the area of the local authority is comprised>

Section 14

Hugh Henry

32 In section 14, page 14, line 25, leave out <(ab)> and insert <(ad)>

Hugh Henry

33 In section 14, page 14, line 26, leave out <(ac)> and insert <(ae)>

Hugh Henry

34 In section 14, page 14, line 30, leave out <(1)> and insert <(1B)>

Hugh Henry

35 In section 14, page 14, line 31, leave out <(1A) In paragraph> and insert—

<(1C) In paragraphs (ac) and>

Hugh Henry

36 In section 14, page 14, line 33, leave out <(1B)> and insert <(1D)>

Hugh Henry

37 In section 14, page 15, line 1, leave out <2(5)(e)> and insert <2(5)(e)(i)>

Hugh Henry

38 In section 14, page 15, line 6, after <7(2)> insert <or (3)>

Hugh Henry

39 In section 14, page 15, line 11, after <(1)> insert <above>

Hugh Henry

40 In section 14, page 15, line 20, at end insert—

<( ) In section 27B of that Act (grants in respect of hostel accommodation for persons under supervision)—

(a) for subsection (1) substitute—

"(1) The Scottish Ministers may (any or all)—

(a) pay to a community justice authority, for allocation under section 2(5)(e)(ii) of the Management of Offenders etc. (Scotland) Act 2005 (asp 00) as grants to the local authorities within its area;

(b) make a grant to a local authority of;

(c) make a grant to a community justice authority, in respect of any function exercisable by that authority by virtue of section 7(2) or (3) of that Act of 2005, of,

such amount as the Scottish Ministers may determine in respect of relevant expenditure.

(1A) In subsection (1) above, "relevant expenditure" means expenditure incurred by, as the case may be, those local authorities or that local authority in—

(a) providing; or

(b) contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of,

residential accommodation wholly or mainly for the persons mentioned in subsection (2) below.

(1B) Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine."; and

(b) in subsection (2), for "subsection (1)" substitute "subsection (1A)".>

Hugh Henry

41 In section 14, page 15, line 30, at end insert—

<(4A) In section 8(1) of the Prisons (Scotland) Act 1989 (c.45) (provision for constitution of visiting committees), for the words from "at" to the end, substitute—

"(a) by such—

(i) community justice authorities, or

(ii) councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994,

(b) at such times,

(c) in such manner, and

(d) for such periods,

as may be prescribed by the rules.".

(4B) In section 27(4A) of the 1993 Act (construction of references in Part 1 of that Act to wholly concurrent or partly concurrent terms of imprisonment or detention), in sub-paragraph (i) of paragraph (a) and in each of sub-paragraphs (i) and (ii) of paragraph (b), for the words "is imposed" substitute "commences".>

 

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