# Age of Criminal Responsibility (Scotland) Act 2019, Section 18: Review of referred information


(1) The independent reviewer, on receiving information falling within section 16(A2), must review—
(a) whether the information is relevant in relation to the purpose described in the statement under section 113B(2) of the 1997 Act for the purpose of the disclosure, and
(b) whether it ought to be included in the disclosure.
(1A) Section 33 of the 2020 Act (Level 2 disclosure: considering relevance and whether to include certain information) applies for the purposes of subsection (1) of this section as it applies for the purposes of the sections mentioned in subsection (1) of that section, but as if—
(a) references to a conviction or a children's hearing outcome were omitted, and
(b) references to other information were references to information mentioned in section 14(1)(a) of this Act.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The independent reviewer, in carrying out a review under this section, must—
(a) take account of—
(i) information provided in compliance with any requirement as to information to be provided to the independent reviewer together with the information falling within section 16(A2) ...,
(ii) any representations made by the applicant or, as the case may be, the scheme member, and
(iii) any information provided in response to a notice given by the independent reviewer requiring information in connection with the review,
(b) have regard to any guidance issued by the Scottish Ministers under section 22.
(4) Following the review, the independent reviewer must determine either—
(a) that the information ought not to be included in the Level 2 disclosure, or
(b) that the information ought to be so included.

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Source: https://www.legislation.gov.uk/asp/2019/7/section/18 (the official version)
Page: https://openlegislation.uk/age-of-criminal-responsibility-scotland-act-2019/section-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

