# The Age of Criminal Responsibility (Scotland) Act 2019 (Commencement No. 3) Regulations 2020

S.S.I. 2020/369 · made 10 November 2020

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.

Made under: Age of Criminal Responsibility (Scotland) Act 2019 (Section 84)

PDFs: Printed copy https://openlegislation.uk/age-of-criminal-responsibility-scotland-act-2019-commencement-no-3-regulations-2020/pdf/ssi_20200369_en.pdf

## Introductory text

Children And Young Persons
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.

## 1 Citation, commencement and interpretation

(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.

## 2 Appointed day

(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.

## Signature

MAREE TODD
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
10th November 2020

## 

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

## Explanatory note

(This note is not part of the Regulations)
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.

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Source: https://www.legislation.gov.uk/ssi/2020/369 (the official version)
Page: https://openlegislation.uk/age-of-criminal-responsibility-scotland-act-2019-commencement-no-3-regulations-2020
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.