Paragraph 2 Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021

(1)

The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021^f1 is amended as follows.

(2)

In article 3 (interpretation of Part 2), omit the definitions of the following expressions—

(a)

the 1997 Act;

(b)

applicant;

(c)

enhanced criminal record certificate.

(3)

In article 4 (limitation on disclosure of information relating to time when person under 12), omit paragraph (1).

(4)

In article 5 (referral of information to independent reviewer)—

(a)

in paragraph (1)(a)—

(i)

for “113B(4) of the 1997 Act” substitute “14A of the Disclosure Act”;

(ii)

for “an enhanced criminal record certificate issue under section 113B(1) of that Act” substitute “a Level 2 disclosure”;

(b)

in paragraph (2)—

(i)

in sub-paragraph (a), for the words from “described” to the end of the sub-paragraph substitute “of the disclosure”;

(ii)

in sub-paragraph (c), for “enhanced criminal record certificate” substitute “Level 2 disclosure”;

(c)

in paragraph (3), for “an enhanced criminal record certificate” substitute “a Level 2 disclosure”;

(d)

after paragraph (3) insert—

“(4)

In this article—

“the applicant” means the person whose application for a disclosure led to the request by the Scottish Ministers mentioned in paragraph (1)(a);

“the Disclosure Act” means the Disclosure (Scotland) Act 2020;

“Level 2 disclosure” has the meaning given in section 8 of the Disclosure Act;

“purpose of the disclosure” has the meaning given in section 69 of the Disclosure Act.”.

Annotations

Footnotes

f1: S.I. 2021/1458.