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

SCHEDULES

SCHEDULE 1 S Licensing—Further Provisions as to the General System

Modifications etc. (not altering text)

C1 Sch. 1: power to apply conferred (18.11.1996) by 1996 c. 58, ss. 33(3), 48(6)

C2 Sch. 1 applied (with modifications) (1.3.2022) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (S.S.I. 2022/32), arts. 1, 5(b), sch. 2 Pt. 2 (with art. 7)

Interpretation S

19 S In this Schedule, “relevant objection or representation” means—

(a) in paragraphs 1 to 4, objection or representation which, under paragraph 3 above, the licensing authority are obliged to or intend to entertain; and

(b) in the other paragraphs, an objection or representation which, under the said paragraph 3, they were obliged to or intended to entertain.

[F1 20 (1) In this Schedule “immigration offence” means an offence under any of the Immigration Acts. S

(2) In this Schedule “immigration penalty” means a penalty under—

(a) section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or

(b) section 23 of the Immigration Act 2014 (“the 2014 Act”).

(3) For the purposes of this Schedule a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a) the person is excused payment by virtue of section 15(3) of that Act, or

(b) the penalty is cancelled by virtue of section 16 or 17 of that Act.

(4) For the purposes of this Schedule a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a) the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b) if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

(5) For the purposes of this Schedule a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a) the person is excused payment by virtue of section 24 of that Act, or

(b) the penalty is cancelled by virtue of section 29 or 30 of that Act.

(6) For the purposes of this Schedule a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a) the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b) if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.]

Textual Amendments

F1 Sch. 1 para. 20 inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 32(6); S.I. 2016/1037, reg. 5(i)

[F2 21. (1) In this Schedule– S

(a) “booking office licence” means a licence for an activity designated as an activity for which a licence under Part I of the Act is required by article 2(1) of the 2009 Order, and

(b) “relevant premises” and “relevant vehicle” have the same meaning as in the 2009 Order.

(2) In this paragraph “the 2009 Order” means the Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009.]

Textual Amendments

F2 Sch. 1 para. 21 inserted by S.S.I. 2009/145, Sch. para. 4 (as substituted) (22.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Licensing of Booking Offices Scotland) Regulations 2017 (S.I. 2017/1317), regs. 1, 6(b) (with reg. 7)