Change 1 Article Choose an article Title and introductory text 1 Application of Parts I and II of this Act. 2 Licensing authorities. 3 Discharge of functions of licensing authorities. 3A Mandatory licence conditions 3B Standard licence conditions 4 Further provisions as to licensing. 5 Rights of entry and inspection. 6 Powers of entry to and search of unlicensed premises. 7 Offences, etc. 8 Interpretation of Parts I and II. 9 Application of sections 10 to 27 and 38 to 44. 10 Taxi and private hire car licences. 11 Inspection and testing of vehicles. 12 Fees for taxi and private hire car licences. 13 Taxi and private hire car driving licences. 13A Persons disqualified by reason of immigration status 14 Signs on vehicles other than taxis. 15 Operation of taxis outside licensing areas. 16 Journeys in England and Wales by vehicles and drivers licensed under this Act. 17 Taxi fares. 18 Appeals in respect of taxi fares. 18A Publication and coming into effect of taxi fares 19 Taxi stances. 20 Regulations relating to taxis and private hire cars and their drivers. 21 Offences. 22 Exemptions 23 Interpretation of sections 10 to 22. 24 Second-hand dealers’ licences. 25 Disposal of stock-in-trade. 26 Sellers of second-hand goods: offences etc. 27 Functions of the court in relation to second-hand dealers convicted of offences. 27A Knife dealers' licences 27B Applications for knife dealers' licences: notice 27C Knife dealers' licences: conditions 27D Provision of information to holder of knife dealer's licence 27E Knife dealers' licences: warrants to enter, search and seize articles 27F Powers of constables and authorised officers 27G Power to inspect documents 27H Sections 27E to 27G: interpretation 27J Forfeiture orders 27K Effect of forfeiture order 27L Offences by partnerships 27M Appropriate licence required 27N Remote sales of knives etc. 27P Sales and dispatches in different local authority areas 27Q Duty to avoid conflict between conditions of licences 27R Offences in relation to knife dealers' licences: exceptions 27S Orders under sections 27A to 27R 28 Metal dealers: licensing and regulation. 29 Metal dealers’ exemption warrants. 30 Keeping of records. 31 Retention of metal. 32 Itinerant metal dealers. 33 Receipts and invoices: itinerant metal dealers. 33A Acceptable forms of payment for metal 33B Acceptable forms of payment: meaning of “bank or building society account” 33C Requirement to keep records 33D Form of records 33E Metal dealer to keep records for each place of business 34 Offences relating to metal dealing. 35 Functions of the court in relation to metal dealers convicted of offences. 35A Register of metal dealers and itinerant metal dealers 36 Appropriate licence required. 37 Interpretation of sections 28 to 36. 37A Exemptions 38 Boat hire licences. 39 Street traders’ licences. 40 Market operators’ licences. 41 Public entertainment licences. 41A Indoor sports entertainment licences. 42 Late hours catering licences. 43 Window cleaners’ licences. 44 Additional activities. 45 Control of sex shops. 45A Licensing of sexual entertainment venues: interpretation 45B Licensing of sexual entertainment venues 45C Statements of policy in relation to sexual entertainment venues 45D Deemed grant of applications 45E Mandatory licence conditions 45F Standard licence conditions 45G Civic licensing standards officers 45H General functions of a civic licensing standards officer 46 Soliciting and importuning by prostitutes. 47 Urinating etc. 48 Dogs: fouling of pavements. 49 Dangerous and annoying creatures. 50 Drunkenness. 51 Obscene material. 51A Extreme pornography 51B Extreme pornography: excluded images 51C Extreme pornography: defences 52 Indecent photographs etc. of children. 52A Possession of indecent photographs of children. 52B Sections 52 and 52A: exceptions for photographs of 16 and 17 year olds 52C Section 52B: proof of exceptions 53 Obstruction by pedestrians. 54 Playing instruments, singing, playing radios, etc. 55 Touting. 56 Fires. 57 Being in or on building etc. with intent to commit theft. 58 Convicted thief in possession. 59 Powers of arrest and apprehension. 60 Powers of search and seizure. 61 Protection of insecure premises. 62 Notification of processions. 63 Functions of regional and islands councils in relation to processions. 64 Appeals against orders under section 63. 65 Offences and enforcement. 65A Guidance to local authorities 66 Relationship of sections 62 to 65 with Public Order Act 1986. 67 Duty of finder. 68 Functions of chief constable. 69 Claims by owner etc. prior to disposal. 70 Powers of chief constable regarding rewards. 71 Right arising on disposal of property. 72 Rights to compensation. 73 No right of ownership conferred by finding. 74 Living creatures. 75 Stray dogs. 76 Appeal to sheriff. 77 Financial provisions. 78 Crown application of Part VI. 79 Interpretation of Part VI. 80 Application of Part VII to property. 81 Chief constable to take charge of property. 82 Provision as to property where the person in custody is the owner etc. 83 Provision as to property where the person in custody is not the owner etc. 84 Appeal to sheriff. 85 Financial provisions: property of persons in custody. 86 Interpretation and Crown application of this Part. 86A Application of Part VIIA to property. 86B Certification by prosecutor. 86C Claims by owner etc. prior to disposal. 86D Duty of care etc. 86E Disposal of relevant property. 86F Retention of relevant property by Scottish Police Authority 86G Appeals. 86H Crown application of Part VIIA. 86I Further financial provision. 86J References in this Part to “chief constable”. 87 Local authorities’ powers in relation to buildings in need of repair. 88 Installation of pipes through neighbouring property. 89 Safety of platforms etc. 90 Lighting of common stairs etc. 91 Installation of lights in private property. 92 Cleaning and painting of common stairs, etc. 93 Fire precautions in common stairs etc. 94 Disused petrol containers. 95 Private open spaces. 96 Statues and monuments. 97 Street names and house numbers. 98 Luminous tube signs. 99 Power to enter, execute works and recover expense. 100 Interest on expenses. 101 Offences relating to powers of entry and carrying out of works. 102 Entry warrants. 103 Execution of owner’s works by occupier. 104 Powers of entry: occupier and owner. 105 Contents of notices. 106 Appeals. 107 Time for enforcing certain notices. 108 Recovery of expenses incurred under section 87 by charging order. 109 Replacement of provisions of this Part by Health and Safety Regulations. 110 111 Cessation of certain byelaws and saving for certain byelaws. 112 Making of management rules. 113 Evidence of management rules. 114 Publication of management rules. 115 Inspection and copies of management rules. 116 Expulsion or exclusion for breach of management rules. 117 Exclusion orders. 118 Offences. 119 Regulation of charitable collections. 120 Savings for Crown and other rights. 121 Control of the seashore, adjacent waters and inland waters. 122 Power to execute works on seashore. 123 Interpretation of sections 120 to 122. 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Repeal of sections 124 and 125, savings and transitional provisions. 127 Advertising on local authority lands, vehicles etc. 128 Control of stray dogs. 129 Killing of or injury to dogs worrying livestock. 130 Offences by bodies corporate. 131 Application to Crown. 132 Expenses. 133 Interpretation. 134 Postponement of repeal of Burgh Police (Scotland) Acts and local statutory provisions. 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Consequential, transitional and supplementary provisions. 137 Citation, commencement, repeals and extent. SCHEDULE 1 Licensing—Further Provisions as to the General System SCHEDULE 2 Control of Sex Shops Schedule 2A Retention and disposal of property seized under section 54(2A) of this Act SCHEDULE 3 Minor and Consequential Amendments Schedule 4 Repeals
What to do with it
As published
52C Section 52B: proof of exceptions
(1) This section applies for the purpose of determining whether a matter within a paragraph of section 52B(2), (4), (6) or (8) of this Act is the case.
(2) If sufficient evidence is adduced to raise an issue as to whether the matter is the case, it shall be held to be the case, except where subsection (3) below applies.
(3) This subsection applies where the prosecution proves beyond reasonable doubt that the matter is not the case.
(4) Otherwise, the matter shall be held not to be the case.
Your wording
Your change, as a redline
52C Section 52B: proof of exceptions
(1) This section applies for the purpose of determining whether a matter within a paragraph of section 52B(2), (4), (6) or (8) of this Act is the case.
(2) If sufficient evidence is adduced to raise an issue as to whether the matter is the case, it shall be held to be the case, except where subsection (3) below applies.
(3) This subsection applies where the prosecution proves beyond reasonable doubt that the matter is not the case.
(4) Otherwise, the matter shall be held not to be the case.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.