Section 12 Presumption of ageI1I2
This section applies where—
a relevant authority has reasonable grounds to believe that a person may be a victim of an offence of human trafficking, and
the authority is not certain of the person's age but has reasonable grounds to believe that the person may be a child.
Until an assessment of the person's age is carried out by a local authority, or the person's age is otherwise determined, the relevant authority must assume that the person is a child for the purposes of exercising its functions under the relevant enactments.
The “relevant enactments” are—
an enactment which applies to a child who is looked after by a local authority within the meaning of section 17(6)(a) of the Children (Scotland) Act 1995 (child for whom a local authority is providing accommodation),
section 22 of the Children (Scotland) Act 1995 (promotion by a local authority of welfare of children in need),
section 25 of the Children (Scotland) Act 1995 (provision by a local authority of accommodation for children),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 11.
In this section, “relevant authority” means—
a Health Board constituted under section 2(1) of the National Health Service (Scotland) Act 1978, and
a local authority.
The Scottish Ministers may by regulations modify subsections (3) and (4).
Annotations
Textual amendments
- F1
S. 12(3)(d) repealed (5.5.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 28(2); S.S.I. 2025/115, reg. 2(1)(f)
- F2
S. 12(3)(e) repealed (5.5.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 28(2); S.S.I. 2025/115, reg. 2(1)(f)
Commencement
- I1
S. 12 in force at 31.5.2016 for specified purposes by S.S.I. 2016/128, reg. 2, Sch.
- I2
S. 12 in force at 31.1.2018 in so far as not already in force by S.S.I. 2018/9, reg. 2(a)