LegalizeThe Age of Criminal Responsibility (Scotland) Act 2019 (Commencement No. 3) Regulations 2020
Made: 10th November 2020
Laid before the Scottish Parliament: 12th November 2020
Coming into force: 30th November 2020
The Scottish Ministers make the following Regulations in exercise of the power conferred by section 84(2) of the Age of Criminal Responsibility (Scotland) Act 2019[^f00001].
Citation, commencement and interpretation
1
- (1) These Regulations may be cited as the Age of Criminal Responsibility (Scotland) Act 2019 (Commencement No. 3) Regulations 2020 and come into force on 30 November 2020.
- (2) In these Regulations “the Act” means the Age of Criminal Responsibility (Scotland) Act 2019.
Appointed day
2
- (1) 30 November 2020 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the schedule.
- (2) The subject matter of each provision of the Act specified in column 1 is listed in column 2 of the schedule.
SCHEDULE
| Column 1 | Column 2 |
|---|---|
| Provisions of the Act | Subject matter |
| Section 4 | Amendment of the Rehabilitation of Offenders Act 1974 |
| Section 5 | Disclosure of information about convictions etc. relating to time when person under 12 |
| Section 6 | Disclosure of information about relevant behaviour: judicial proceedings |
| Section 7 | Disclosure of information about relevant behaviour: non-judicial proceedings |
| Section 8 | Disapplication of sections 6 and 7 |
| Section 9 | Further limitations on sections 6 and 7 |
| Section 10 | Disclosure of information relating to time when person under 12 |
| Section 11 | Independent reviewer |
| Section 12 | Period and terms of appointment |
| Section 13 | Administrative support |
| Section 14 | Referral of information to independent reviewer |
| Section 15 | Notification of referral under section 14 |
| Section 16 | Notification to applicant or scheme member |
| Section 17 | Provision of information to the independent reviewer |
| Section 18 | Review of information referred under section 14 |
| Section 19 | Notification of determination |
| Section 20 | Appeal against determination under section 18 |
| Section 21 | Annual report and recommendations |
| Section 25 | Amendments consequential on Chapter 2 |
| Section 26 | Interpretation of Part 2 |
Signed
MAREE TODD — Authorised to sign by the Scottish Ministers — 10th November 2020
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations bring into force the provisions of the Age of Criminal Responsibility (Scotland) Act 2019 (“the Act”) on 30 November 2020 listed in the schedule. These provisions relate to:
- Section 4 – amending the Rehabilitation of Offenders Act 1974 to remove convictions and alternatives to prosecution for offences that were committed when a person was under 12 years of age,
- Sections 5 to 9 – provision for the disclosure of information about relevant behaviour when a person was under 12 years of age,
- Section 10 – limitation on disclosure of information relating to a time when a person was under 12 years of age,
- Sections 11 to 13 – the appointment of the independent reviewer for the purposes of reviewing information concerning behaviour of persons when under 12 years of age before the disclosure of such information,
- Sections 14 to 20 – how the independent reviewer will review such information prior to its disclosure,
- Section 21 – the requirement on the independent reviewer to prepare an annual report, with recommendations,
- Section 25 – amendments which are needed to other legislation in consequence of chapter 2, part 2 of the Act,
- Section 26 – interpretative provision for part 2 of the Act.
These are the third Commencement Regulations in respect of the Act.
Footnotes
[^f00001]: 2019 asp 7.
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