Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Age of Criminal Responsibility (Scotland) Act 2019 (Supplementary Provision) (Jurisdiction) Regulations 2021

Type Scottish-Statutory-Instrument

Publication 2021-11-16

State In force

Jurisdiction Scotland

Department Queen's Printer for Scotland

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Made: 16th November 2021

Laid before the Scottish Parliament: 18th November 2021

Coming into force: 17th December 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 83(1) of the Age of Criminal Responsibility (Scotland) Act 2019[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

(1) These Regulations may be cited as the Age of Criminal Responsibility (Scotland) Act 2019 (Supplementary Provision) (Jurisdiction) Regulations 2021 and come into force on 17December 2021.

(2) In these Regulations, “the Act” means the Age of Criminal Responsibility (Scotland) Act 2019.

Jurisdiction under Part 4 of the Act

2

(1) An application under Part 4 of the Act for—

(a) an order under section 36,

(b) a child interview order,

may be made only to a sheriff of a sheriffdom specified in paragraph (2).

(2) The specified sheriffdoms are either—

(a) the sheriffdom (if any) in which the child is habitually resident (but only where the behaviour referred to in section 36(2)(a), section 44(2)(a) or section 63(2)(a) of the Act is suspected to have taken place in Scotland), or

(b) the sheriffdom where that behaviour is suspected to have occurred.

Signed

CLARE HAUGHEY — Authorised to sign by the Scottish Ministers — 16th November 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations provide that an application for a search order, child interview order or order for the taking of forensic samples under the Age of Criminal Responsibility (Scotland) Act 2019 may be made either in the sheriffdom (if any) where the child is habitually resident or in the sheriffdom where the suspected behaviour by the child giving rise to the application is thought to have taken place. The 2019 Act itself does not contain provision setting out the basis of a sheriff’s jurisdiction.

Footnotes

[^f00001]: 2019 asp 7.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.