Age of Criminal Responsibility (Scotland) Act 2019

• (a) a sample of blood, semen, or any other tissue fluid, urine or pubic hair,

• (b) a dental impression,

• (c) a sample of any material taken by means of swabbing any part of a person's genitals (including pubic hair) or from a bodily orifice other than the mouth.

• (5) In subsection (2)(d), an “approved device” is a device approved by the Scottish Ministers by order under section 18(7B) of the Criminal Procedure (Scotland) Act 1995 for the purposes of section 18(7A)(d) of that Act.

• (6) The Scottish Ministers may by regulations modify the definitions of “relevant physical data”, “relevant sample” and “intimate sample”.

Order authorising taking of prints and samples

Application for order authorising taking of prints and samples from child

61

• (1) A constable may apply to the sheriff for an order under section 63 authorising the taking of relevant physical data or relevant samples from a child.

• (2) An application for an order under section 63 must—

• (a) identify the applicant,

• (b) in so far as is practicable, identify the child in respect of whom the order is sought,

• (c) in so far as is practicable, identify a parent of the child,

• (d) state the grounds on which the application is made,

• (e) specify the relevant physical data and relevant samples in relation to which authority to take is sought (including whether authority is sought to take an intimate sample),

• (f) be accompanied by supporting evidence, whether documentary or otherwise, sufficient to enable the sheriff to determine the application.

Consideration by sheriff of application for order under section 63

62

• (1) This section applies where a constable makes an application under section 61 in respect of a child.

• (2) The sheriff may determine the application in court or in chambers after such enquiry or hearing (if any) as the sheriff considers appropriate.

• (3) Before determining the application, the sheriff must consider whether any of the following persons should be given an opportunity to make representations—

• (a) the applicant,

• (b) the child in respect of whom the application is made,

• (c) a parent of the child,

• (d) any other person the sheriff considers to have an interest in the application.

Order authorising taking of prints and samples from child

63

• (1) This section applies where a constable makes an application under section 61 in respect of a child.

• (2) The sheriff may make an order authorising the taking of relevant physical data and relevant samples from the child only if satisfied that—

• (a) there are reasonable grounds to suspect that the child—

• (i) by behaving in a violent or dangerous way, has caused or risked causing serious physical harm to another person, or

• (ii) by behaving in a sexually violent or sexually coercive way, has caused or risked causing harm (whether physical or not) to another person, and

• (b) the taking of relevant physical data or a relevant sample from the child is necessary to properly investigate the child's behaviour and the circumstances surrounding it (including whether a person other than the child has committed an offence).

• (3) In considering the matters mentioned in subsection (2), the sheriff must have regard to—

• (a) the nature and seriousness of the child's behaviour,

• (b) whether the taking of relevant physical data or relevant samples is appropriate given the child's circumstances (including the child's age and any matter related to the child's behaviour).

• (4) An order under this section authorises—

• (a) the taking of the relevant physical data or relevant samples specified,

• (b) the period, beginning with day on which the order is made, within which that data and those samples may be taken, being—

• (i) no more than 7 days, or

• (ii) such longer period as may be specified on cause shown,

• (c) the taking of steps in relation to that data and those samples,

• (d) the removal of the child to the place at which the data and samples are to be taken and the keeping of the child in that place for the purposes of the taking of that data and those samples.

• (5) Subsection (4)(b) does not apply where the application for the order relates to relevant physical data or a relevant sample taken by virtue of section 69.

• (6) An order under this section may also require any person in a position to do so to produce the child to a constable.

• (7) In this section, “specified” means specified in the order.

Notification of order under section 63

64

• (1) This section applies where an order is made under section 63 authorising the taking of relevant physical data or a relevant sample from a child.

• (2) The constable must, as soon as reasonably practicable after the order is made, provide—

• (a) the child, and

• (b) in so far as practicable, a parent of the child,

with a copy of the order.

• (3) The constable must at the same time explain the order to the child in a way that is appropriate to the child's age and maturity.

Taking of intimate samples

65

• (1) This section applies where an order under section 63 authorises the taking of intimate samples from a child.

• (2) An intimate sample may be taken from the child—

• (a) where the sample is a dental impression, only by a registered dentist,

• (b) in any other case, only by a—

• (i) registered medical practitioner,

• (ii) registered health care professional, or

• (iii) another type of individual of a type prescribed (by reference to skills, qualifications, experience or otherwise) by the Scottish Ministers by regulations.

• (3) In this section—

• “registered dentist” has the meaning given by section 53(1) of the Dentists Act 1984,

• “registered health care professional” means—a registered nurse, ora registered member of a health care profession designated for the purposes of this section by the Scottish Ministers by regulations.

Destruction of prints and samples taken under section 63

66

• (1) This section applies where an order under section 63 authorises the taking of any relevant physical data or relevant sample from a child.

• (2) The constable who applied for the order must ensure that all record of any data taken, all samples taken, and all information derived from any samples are destroyed as soon as possible following—

• (a) a decision not to pass information about the child to the Principal Reporter under section 61 of the 2011 Act, or

• (b) where information is so passed, the conclusion of proceedings in relation to the child under that Act in so far as arising from that information.

• (3) For the purposes of subsection (2)(b), such proceedings are concluded when an event mentioned in subsection (4) or (6) occurs.

• (4) The event referred to in subsection (3) is the determination by the Principal Reporter under section 66(2) of the 2011 Act—

• (a) that the behaviour of the child, to which the information mentioned in subsection (2)(b) relates, does not give rise to a ground in section 67 of that Act applying in relation to the child (whether or not such a ground applies for any other reason), or

• (b) that, as a result of that behaviour, such a ground does apply but it is not necessary for a compulsory supervision order to be made in respect of the child.

• (5) Subsection (6) applies where the Principal Reporter determines under section 69(1) of that Act that—

• (a) as a result of the behaviour of the child referred to in subsection (4)(a), a ground in section 67 of that Act does apply, and

• (b) it is necessary for a compulsory supervision order to be made in respect of the child.

• (6) The event referred to in subsection (3) is whichever of the following occurs first—

• (a) the discharge of the referral to the children's hearing,

• (b) the withdrawal under section 107(2) of the 2011 Act of an application to the sheriff,

• (c) the making of a compulsory supervision order in respect of the child, or

• (d) where a compulsory supervision order is already in force in respect of the child, the termination, variation or continuation of the order.

• (7) An event mentioned in subsection (6) is not treated as having occurred for the purposes of subsection (3) until—

• (a) the end of the period for any appeal under the 2011 Act with no appeal or further appeal, as the case may be, having been taken, or

• (b) if an appeal or a further appeal, as the case may be, is taken, the conclusion of that appeal or further appeal.

• (8) Subsection (2) does not apply where the destruction of a sample, or the information derived from it, could have the effect of destroying any sample, or any information derived from it, lawfully held in relation to a person other than the child from whom the sample was taken.

• (9) The Scottish Ministers may by regulations modify subsection (6) so as to add to, vary, or remove an event for the time being mentioned in that subsection.

• (10) In this section, “children's hearing” and “compulsory supervision order” have the same meanings as in the 2011 Act.

Appeal against decision under section 63

67

• (1) An appeal taken to the Sheriff Appeal Court under section 110 of the Courts Reform (Scotland) Act 2014 against a decision of the sheriff under section 63 may be taken only where the sheriff, on an application made by a constable or by or on behalf of the child to whom the decision relates, gives permission.

• (2) Permission to appeal against such a decision must be applied for—

• (a) where an order under section 63 is made, before the end of the period of 3 working days beginning with the day after the day on which the child is provided with a copy of the order under section 64,

• (b) where the sheriff refuses to make such an order, before the end of the period of 3 working days beginning with the day after the day on which the decision is made.

• (3) An appeal against the decision of the sheriff under section 63 must be taken before the end of the period of 3 working days beginning with the day on which permission to appeal is given.

• (4) A decision of the Sheriff Appeal Court on an appeal against the sheriff's decision is final.

• (5) Subsection (6) applies where—

• (a) the Sheriff Appeal Court upholds or varies the order appealed against,

• (b) the order as upheld or varied authorises the taking of relevant physical data or relevant samples which, at the time the appeal is determined, have not been taken.

• (6) The Sheriff Appeal Court may, in substitution for the period mentioned in subsection (4)(b)(i) of section 63 (or any period specified by virtue of subsection (4)(b)(ii) of that section), specify the period within which that data or those samples may be taken.

• (7) Any period specified by virtue of subsection (6) must not, except on cause shown, exceed 7 days beginning with the day on which the appeal is determined.

Treatment of prints and samples where appeal taken against making of order under section 63

68

• (1) This section applies where—

• (a) an appeal is taken against a decision of the sheriff to make an order under section 63,

• (b) before the constable who applied for the order was notified of the appeal, relevant physical data or a relevant sample was taken from the child by virtue of the order.

• (2) No steps or, as the case may be, no further steps may be taken in relation to the relevant physical data or relevant sample (other than holding or preserving the data or sample) before the conclusion of the appeal.

• (3) Where the decision of the sheriff is recalled and the order quashed, the constable who applied for the order must ensure that all record of any data taken, all samples taken, and all information derived from any samples taken are destroyed as soon as possible.

• (4) Where—

• (a) the decision of the sheriff is varied so that the order authorises the taking of different relevant physical data or relevant samples to those originally specified in the order by virtue of section 63(4)(a), and

• (b) as a result the taking of some or all of the data or samples mentioned in subsection (1)(b) would no longer be authorised by the order,

the constable who applied for the order must ensure that all record of any such data taken, all such samples taken, and all information derived from any such samples taken are destroyed as soon as possible.

Taking of prints and samples in urgent cases

Taking of prints and samples in urgent cases

69

• (1) A constable may, subject to subsection (4), take relevant physical data or a relevant sample from a child if authorised to do so by a relevant senior officer under subsection (2).

• (2) The relevant senior officer may authorise the constable to take relevant physical data or a relevant sample from the child only if that officer is satisfied that—

• (a) there are reasonable grounds to suspect that the child—

• (i) by behaving in a violent or dangerous way, has caused or risked causing serious physical harm to another person, or

• (ii) by behaving in a sexually violent or sexually coercive way, has caused or risked causing harm (whether physical or not) to another person,

• (b) the taking of relevant physical data or a relevant sample from the child is necessary to properly investigate the child's behaviour and the circumstances surrounding it (including whether a person other than the child has committed an offence), and

• (c) that it is not practicable to apply for an order under section 63 authorising the taking of that data or sample because of the risk that, if the data or sample is not taken immediately, evidence derived from the data or sample, or the sample, would be lost or destroyed.

• (3) In considering the matters mentioned in subsection (2), the relevant senior officer must have regard to—

• (a) the nature and seriousness of the child's behaviour,

• (b) whether the taking of relevant physical data or relevant samples is appropriate given the child's circumstances (including the child's age and any matter related to the child's behaviour).

• (4) Intimate samples may not be taken from a child under this section.

• (5) In this section, a “relevant senior officer” is an officer—

• (a) of the rank of superintendent or above,

• (b) who has not been involved in the investigation in connection with which the taking of the relevant physical data or relevant sample is sought.

Procedure following taking of prints and samples under section 69

70

• (1) This section applies where any relevant physical data or relevant sample has been taken from a child by virtue of section 69.

• (2) No steps may be taken in relation to the relevant physical data or relevant sample (other than holding and preserving the data or sample) unless and until an order under section 63 authorising the taking of the data or sample is obtained.

• (3) An application for an order under section 63 authorising the taking of the relevant physical data or relevant sample must be made before the end of the period of 7 days beginning with the day on which the data or sample was taken.

• (4) Such an application must, in addition to the matters mentioned in section 61(2), specify the data or sample taken by virtue of section 69.

• (5) The relevant senior officer who authorised the taking of the relevant physical data or relevant samples under section 69(2) must ensure that all record of any data taken and all samples taken are destroyed as soon as reasonably practicable after the earliest of the following events—

• (a) a decision by the constable who took the data or sample not to apply for an order under section 63,

• (b) the end of the period mentioned in subsection (3), no application having been made,

• (c) where such an application is made but the sheriff refuses the application—

• (i) the end of the period for an appeal against the sheriff's decision, no appeal having been taken, or

• (ii) if an appeal is taken and the sheriff's decision is upheld, the conclusion of the appeal.

Destruction of prints and samples taken with consent

Destruction of prints and samples taken from children aged 12 and over with consent

71

• (1) This section applies where relevant physical data or a relevant sample has been taken from a child with consent by virtue of section 59(1)(b).

• (2) The relevant constable must ensure that all record of any data taken, all samples taken, and all information derived from any samples are destroyed as soon as possible following—

• (a) a decision not to pass information about the child to the Principal Reporter under section 61 of the 2011 Act, or

• (b) where information is so passed, the conclusion of proceedings in relation to the child under that Act in so far as arising from that information.

• (3) For the purposes of subsection (2)(b), such proceedings are concluded when an event mentioned in section 66(4) or (6) occurs.

• (4) Subsection (2) does not apply where the destruction of a sample, or the information derived from it, could have the effect of destroying a sample, or any information derived from it, lawfully held in relation to a person other than the child from whom the sample was taken.

• (5) In subsection (2), the “relevant constable” is the constable investigating the child's behaviour and the circumstances surrounding it (including whether a person other than the child has committed an offence).

CHAPTER 5 — GENERAL PROVISIONS

Wellbeing of child

72

• (1) This section applies where—

• (a) a person is—

• (i) exercising any function conferred by this Part, or

• (ii) acting in pursuance of an order made or authorisation granted under this Part,

• (b) under or by virtue of this Part, a court is making a decision about a matter to do with a child.

• (2) In exercising the function, acting in pursuance of the order or authorisation or, as the case may be, making the decision, the person or court must treat the need to safeguard and promote the wellbeing of the child as a primary consideration.

Children’s legal aid for proceedings under this Part

73

• (1) The Legal Aid (Scotland) Act 1986 is amended as follows.

• (2) In section 28B (children's legal aid)—

• (a) in subsection (2), for “subsection (3)” substitute “ subsections (3) and (3A) ”,

• (b) after subsection (3) insert—

(3A) The proceedings are, where regulations under section 28LB are made, proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019.

.

• (3) After section 28LA insert—

(28LB) (1) The Scottish Ministers may by regulations modify this Part so as to— (a) provide for children's legal aid to be available to a child in connection with proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019, and (b) specify the other persons (if any) to whom children's legal aid is to be available in connection with such proceedings and appeals. (2) Regulations under subsection (1) may in particular made provision about— (a) the proceedings in relation to which and the circumstances in which children's legal aid is to be available automatically, (b) the proceedings in relation to which and the circumstances in which children's legal aid is to be available on application to the Board. (3) Where regulations under subsection (1) include provision as is mentioned in subsection (2)(b), the regulations— (a) must make provision for the conditions as to which the Board is to be satisfied before children's legal aid is to be made available, (b) may make provision for different conditions to be satisfied in relation to different persons.

.

• (4) In section 37 (parliamentary procedure for regulations), in subsection (2), after “28LA(1),” insert “ 28LB(1), ”.

Additional powers and duties of constables

74

• (1) This section applies where a constable—

• (a) is authorised to take a child to a place of safety and to keep the child there by virtue of section 28,

• (b) is authorised to carry out a search by an order under section 36,

• (c) is authorised to carry out an investigative interview of a child by a child interview order,

• (d) is authorised to question a child by virtue of section 54,

• (e) is authorised to take relevant physical data or relevant samples from a child—

• (i) by an order under section 63, or

• (ii) by virtue of section 69.

• (2) The authorisation mentioned in subsection (1) includes authorisation to use reasonable force.

• (3) Subsections (4) to (6) apply where a constable is authorised—

• (a) to use reasonable force under subsection (2), or

• (b) to carry out a search by virtue of section 33 and the enactment under which the search may be carried out authorises the constable to use reasonable force (however expressed).

• (4) A constable, before deciding to use reasonable force in relation to a child under 12 years of age, must take all reasonable steps to seek and obtain the cooperation of the child.

• (5) A constable may use reasonable force in relation to a child under 12 years of age only as a last resort.

• (6) Where a constable resorts to the use of reasonable force in relation to a child under 12 years of age, the constable must—

• (a) use no more force than is absolutely necessary, and

• (b) in so far as is reasonably practicable, explain to the child why the constable considers force must be used.

Offences

75

• (1) A person commits an offence if the person, without reasonable excuse, intentionally—

• (a) obstructs a person mentioned in subsection (2), or

• (b) otherwise interferes with a police investigation into an incident in relation to which a constable has reasonable grounds to suspect that a child, while under 12 years of age—

• (i) by behaving in a violent or dangerous way, has caused or risked causing serious physical harm to another person, or

• (ii) by behaving in a sexually violent or sexually coercive way, has caused or risked causing harm (whether physical or not) to another person.

• (2) The person is a constable or other person acting in pursuance of—

• (a) section 28(2),

• (b) an order under section 36,

• (c) a child interview order,

• (d) authorisation under section 54(2),

• (e) an order under section 63,

• (f) authorisation under section 69(1).

• (3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Interpretation of Part 4

76

In this Part—

• “advice, support and assistance” has the meaning given by section 51(7),

• “chief constable” means the chief constable of the Police Service of Scotland,

• “child” has the meaning given by section 39(3),

• “child interview order” means an order under section 44(2),

• “child interview rights practitioner” has the meaning given by section 51(8),

• “intimate sample” has the meaning given by section 60(4),

• “investigative interview” has the meaning given by section 39(3),

• “parent” includes guardian and any person who has care of the relevant child, (except where provided otherwise: see section 40(7)),

• “place of safety” has the meaning given by section 28(11),

• “relevant physical data” has the meaning given by section 60(2),

• “relevant sample” has the meaning given by section 60(3),

• “relevant senior officer” has the meaning given by section 69(5),

• “supporter” has the meaning given by section 50(2),

• “working day” means any day other than a Saturday, a Sunday or a day which, under the Banking and Financial Dealings Act 1971, is a bank holiday in Scotland.

PART 5 — CHILDREN'S HEARINGS: DUTY TO CONSIDER NEED FOR FURTHER REPORTS

Children’s hearings: duty to consider need for further reports

77

• (1) The 2011 Act is amended as follows.

• (2) In section 91 (grounds accepted: powers of grounds hearing), after subsection (3) insert—

(3A) In deciding whether to exercise the power conferred by subsection (2), the grounds hearing must consider whether to require the Principal Reporter to obtain any report, from any person, which the grounds hearing considers relevant to any matter to be determined by the subsequent children's hearing.

.

• (3) In section 119 (children's hearing following deferral or proceedings under Part 10), after subsection (3) insert—

(3A) In deciding whether to exercise the power conferred by subsection (2), the children's hearing must consider whether to require the Principal Reporter to obtain any report, from any person, which the children's hearing considers relevant to any matter to be determined by the subsequent children's hearing.

.

• (4) In section 138 (powers of children's hearing on review), after subsection (3) insert—

(3A) In deciding whether to exercise the power conferred by subsection (2), the children's hearing must consider whether to require the Principal Reporter to obtain any report, from any person, which the children's hearing considers relevant to any matter to be determined by the subsequent children's hearing.

.

PART 6 — REVIEW OF AGE OF CRIMINAL RESPONSIBILITY

Review of age of criminal responsibility

78

• (1) The Scottish Ministers must—

• (a) during the review period, review the operation of this Act—

• (i) generally, and

• (ii) with a view to considering the future age of criminal responsibility, and

• (b) prepare and publish a report on that review.

• (2) The Scottish Ministers must lay a copy of the report before the Scottish Parliament.

• (3) In carrying out the review, the Scottish Ministers must consult such persons as they consider appropriate.

• (4) The report on the review must be prepared, published and laid before the Scottish Parliament no later than 12 months after the end of the review period.

• (5) The “review period” is the period of 3 years beginning with the day on which section 1 comes into force.

Provision of information

79

• (1) The Scottish Ministers may, for a purpose mentioned in subsection (2), require a person mentioned in subsection (3) to provide them with such information as the person holds in relation to the exercise of functions under Part 4 of this Act as they consider appropriate.

• (2) The purposes are—

• (a) the carrying out of the review mentioned in section 78,

• (b) the monitoring of the exercise of functions under Part 4 following the end of the review period mentioned in that section.

• (3) The persons are—

• (a) the chief constable of the Police Service of Scotland,

• (b) the Scottish Courts and Tribunals Service,

• (c) a local authority,

• (d) Children's Hearings Scotland,

• (e) the Scottish Children's Reporter Administration,

• (f) the Scottish Legal Aid Board,

• (g) the Crown Office and Procurator Fiscal Service.

PART 7 — FINAL PROVISIONS

Interpretation

80

In this Act—

• “2011 Act” means the Children's Hearings (Scotland) Act 2011,

• “child” means a person who is under 16 years of age (except where provided otherwise: see section 39(3)),

• “constable” has the same meaning as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012.

Civil jurisdiction of summary sheriffs

81

• (1) The Courts Reform (Scotland) Act 2014 is amended as follows.

• (2) In schedule 1 (civil jurisdiction of summary sheriff), after paragraph 4 insert—

(4A) Proceedings under the Age of Criminal Responsibility (Scotland) Act 2019.

.

Regulation-making powers

82

• (1) Each power of the Scottish Ministers to make regulations under this Act includes power—

• (a) to make different provision for different purposes,

• (b) to make any incidental, supplementary, consequential, transitional, transitory or saving provision which they consider appropriate.

• (2) Regulations under the following provisions are subject to the negative procedure—

• (a) section 23(1),

• (b) section 30(1),

• (c) section 56(3),

• (d) section 65(2)(b)(iii),

• (e) section 65(3),

• (f) subject to subsection (3)(h), section 83.

• (3) Regulations under the following provisions are subject to the affirmative procedure—

• (a) section 5(4),

• (b) section 9(4),

• (c) section 24(1),

• (d) section 32(1)(a) and (3),

• (e) section 33(4),

• (f) section 60(6),

• (g) section 66(9),

• (h) section 83 which add to, replace or omit the text of an Act.

• (4) This section does not apply to regulations under section 84(2).

Ancillary provision

83

• (1) The Scottish Ministers may by regulations make such incidental, supplementary, consequential, transitional, transitory or saving provision as they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.

• (2) Regulations under subsection (1) may modify any enactment (including this Act).

Commencement

84

• (1) This section and section 85 come into force on the day after Royal Assent.

• (2) The other provisions of this Act come into force on such day as the Scottish Ministers may appoint by regulations.

• (3) Regulations under subsection (2) may—

• (a) include transitional, transitory or saving provision,

• (b) make different provision for different purposes.

Short title

85

The short title of this Act is the Age of Criminal Responsibility (Scotland) Act 2019.

Raising the age of criminal responsibility

Amendment of the Rehabilitation of Offenders Act 1974

Disclosure of information about convictions etc. relating to time when person under 12

Additional powers and duties of constables

Children's hearings: duty to consider need for further reports

Review of age of criminal responsibility

Offences

Children's hearings: duty to consider need for further reports

Provision of information

Civil jurisdiction of summary sheriffs

Editorial notes

[^key-b83078d534f5d8e84a420d8a6edd3788]: S. 3 in force at 29.11.2019 by S.S.I. 2019/349, reg. 2(a) (with reg. 3)

[^key-99844ed7b3453e18d4750ceb0668264f]: S. 27 in force at 29.11.2019 by S.S.I. 2019/349, reg. 2(b)

[^key-2c571babf5298d2195d1778da0c52a41]: S. 22 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-b34815050834b8b0c9ff4eaa4a5b5f83]: S. 23 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-ba7e353c647e5431611ac449e55d5b8a]: S. 24 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-b467a1ce54c3212a2f11bfc7c809fc2d]: S. 29 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-e149b4caff92443d56955747ab983c03]: S. 30 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-e7bc5a70d5fcb62405b95cdc0abe29ad]: S. 31 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-2b3bae17ebec499b30cc1530aa907c72]: S. 32 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-12ea14f147fcca8478b8be3e16d491a9]: S. 33(4) in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-5164483ca6b363b396f0206a5b087ebf]: S. 56(3)(4) in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-7e68e868817c0649a1083bbeecffaf41]: S. 57 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-a236e96f86f8bb2145974089f3161d4e]: S. 60(6) in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-bdc74f497707fe9c4cb0a15ca6bf7877]: S. 65(2)(b)(iii)(3) in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-0eca0d5062ebf3639ce9b2de699f6ee2]: S. 66(9) in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-dc95b2e5957ba0e78d9c584af99ae18e]: S. 73 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-ff42d9aaab85d39c1f77fa635d017bd7]: S. 80 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-99fde7281472e7887bd79cd687c7d910]: S. 81 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-e6aaf22cca8e755da9bb3d21f456b60a]: S. 82 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-f9784a885ef611f1aa9fb4b97defc739]: S. 83 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

[^key-11ad614974f50fc5aff38bb2d4c83625]: S. 4 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-cbcd209a836ee138fb87687711de6f45]: S. 5 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-acc1071b5a915050ec405b41f4641e1c]: S. 6 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-3f7c6a5119a0dfa5699f661360d068e1]: S. 7 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-0a2cc4d9aa3b0b016cfaf035a55cdfe7]: S. 8 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-4a62be291cc4d5f08c6f6e52f1d02752]: S. 9 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-9d5bfd515dcd7694051427cf51bb011d]: S. 10 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-339b9354307fb003028358276eef3542]: S. 11 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-4caad89b05a10f3d073549ece20c72af]: S. 12 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-730b081a92bdd525e2d06e64ce31cb96]: S. 13 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-42aedfa732f875d1caec82c68abe671f]: S. 14 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-dcd2d8ad0c9eef594da2d674c2f57a5e]: S. 15 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-3ff5030909ed5a94a6e0701cdc38a3d9]: S. 16 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-7f303b3c6728cbc0372d2679a28b20b9]: S. 17 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-ededfb0647b1728b65575815e29eeab8]: S. 18 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-c46dd151014f6f597262820be920afdd]: S. 19 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-5afdc7731f33838358265097c1fcdd7d]: S. 20 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-29c9716c0acfd08c7d4062789ab2c1e8]: S. 21 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-8f64928a2ba36d119252800a72034048]: S. 26 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.

[^key-123ec16a1f2e9c34d6db62d7327e1d20]: S. 33(1)-(3) in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-14b6dba04db247143b39d864e6d32cec]: S. 60(1)-(5) in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-65953343c945f466f41ad254b24579da]: S. 66(1)-(8)(10) in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-f9f0be4ab7cfa0a9c690c7fda5e18857]: Pt. 4 applied (with modifications) (17.12.2021) by 1987 c. 4, s. 2E (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 17)

[^key-d78961ac6db6218e54e039d4862f7de7]: Pt. 4 applied (with modifications) (17.12.2021) by 2003 c. 20, s. 31B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 18)

[^key-5ca83430fd4f35ac776ddca7d2c50718]: Pt. 4 applied (with modifications) (17.12.2021) by 2004 c. 20, s. 56B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 19)

[^key-0e64d666136df523d99d55a779f67de5]: S. 1 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-b404dd9fb9cca49520d40684b56d2a66]: S. 2 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-ae70db9a0892c98d6e06870c6cf8d2eb]: S. 28 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-ceb93700f969d5ebf8f60a41fe7e0832]: S. 34 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-dfc5b31c5e1c227946e626fc4da55844]: S. 35 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-1fe1170ab14e9244341caa194638207b]: S. 36 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-6e1c1f643801ef171a6667e15a45c982]: S. 37 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-c9c2cda6663718381086facaf5cec23c]: S. 38 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-f87cfe0a07b09c24b8ca6965bd2b2cb8]: S. 39 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-19604547ad94066188a4b63b3b79429d]: S. 40 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-2193ed5d10483b7e4e3afe149e3dc318]: S. 41 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-1f164b1ade6f78ecdb8dd7ae9b038511]: S. 42 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-2c414aa085db88bc38d3d9517a00014d]: S. 43 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-68ee8b580960a093d47a9c58085d3ed0]: S. 44 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-e2f22224913db4d10e4118048d67a0e3]: S. 45 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-d5eb8490d45f431698ce0cf57a7461f5]: S. 46 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-53e3229ce075147a2302a91934062598]: S. 47 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-1cfe95942f61dc669015f83be021e953]: S. 48 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-3228c0c7dd8c38069726f141f928f796]: S. 49 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-b4f3aa9755c344ed5fb22b6b9cbc9a8b]: S. 50 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-d852154017f0c5d47484c1da9589cd63]: S. 51 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-907ae36bd32d3c96bba331fb820a54c0]: S. 52 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-3000cede7ff6aef66dd65c8834962e80]: S. 53 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-10a838c22fd28bd1d36f3f821479f61e]: S. 54 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-0d3982ca150d857da8354b12b6a0fe0d]: S. 55 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-3a3faaa8d9bbacc7ca6e25e1e2d0ecfb]: S. 56(1)(2)(5) in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-f4668a604556dfb0ed1f7740a56e62aa]: S. 58 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-c54cdeb5adb586d575111c83e6c119e5]: S. 59 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-d84d1b08e1c3295858d2f2f9f54bb926]: S. 61 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-5425c499ccf994501e25c387ef6b733e]: S. 62 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-f9a991209bbfc6f24d2edfb94caedf6d]: S. 63 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-565a8ecfc05c4487c10bf59ee4fa38fb]: S. 64 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-5cb241c9e6b606035ce3120066418bad]: S. 65(1)(2)(a)(b)(i)(ii) in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-f17959bfbfeecb9f2e284da6d26fad6d]: S. 67 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-992bc11780a88bbf05f20db85ef2c25f]: S. 68 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-b14114ce702b5f9373eed5d11d552d2e]: S. 69 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-3bfe90eee96dc4bca4077a95176e8aa0]: S. 70 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-92a97659bb1a95e74605807cb1f484ad]: S. 71 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-f5a753302494fd043fbd8ef7b64542ce]: S. 72 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-4e8fcb719aea8378f334eb9e54c5e6bd]: S. 74 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-4db44d863f1f7385f8c9291b62bb709f]: S. 75 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-e970be70aba448172af16af620aeab91]: S. 76 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-367d15dc3334783c0336a9421051df68]: S. 77 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-5cd3746129cf81f16d7d3937cf16bcc0]: S. 78 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-76b9cf277462c9418f1f54802ee09362]: S. 79 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

[^key-a2b82fdb9a83298dc23a0f8e27f800ad]: S. 18 heading substituted (17.12.2021) by virtue of The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 (S.S.I. 2021/476), regs. 1, 2(4)

[^key-416c905035094c23cae7be47f5d9a5ca]: S. 16(A1)-(A3) inserted (17.12.2021) by The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 (S.S.I. 2021/476), regs. 1, 2(2)

[^key-3e0bc2a76dc069b5f5e92ba85b4000f9]: Words in s. 18(1) substituted (17.12.2021) by The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 (S.S.I. 2021/476), regs. 1, 2(3)(a)

[^key-58baa36068762851c2240d77ab98f4fc]: Words in s. 18(3)(a)(i) substituted (17.12.2021) by The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 (S.S.I. 2021/476), regs. 1, 2(3)(c)(i)

[^key-3cf40145d20fc320510097583599c92c]: Words in s. 18(3)(a)(iii) substituted (17.12.2021) by The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 (S.S.I. 2021/476), regs. 1, 2(3)(c)(ii)

[^key-4bb13574c5fae4331aad8f241ac152e4]: S. 19(2)(a) substituted (17.12.2021) by The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 (S.S.I. 2021/476), regs. 1, 2(5)

[^key-29a89d6decc75bc8324574dba2fbfcb0]: S. 20(1)(b) substituted (17.12.2021) by The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 (S.S.I. 2021/476), regs. 1, 2(6)

[^key-5f4c1df129e429f4c5607a7dcce5fbb5]: S. 20A inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(9) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-afb7a0424e4ddc11342e8c5c4ab8d23a]: S. 10(1) repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(3) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-41eb85ea50abf7161fa5443090a158c9]: S. 10(2) repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(3) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-fe2324dbf903d83eec61ae5814b84f9f]: S. 10(4) repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(3) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-362e6139fb80b70527800dc3915dc126]: Words in s. 11(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(4) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e2f9055e5773feb6dad9e80ef446c091]: Words in s. 12(7)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(5) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e08fb1dfb8045d061bd3599df06ebb46]: Words in s. 14(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(6)(a)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-214751c6e7f01e46a614c95330dbd0b8]: Words in s. 14(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(6)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-002a16eb4966b84ee4fd4f15faf4b40f]: S. 14(1)(b) repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(6)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-09297030752677ebf967cc884baef05b]: Words in s. 14(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(6)(c)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-bb30391175f1cfae4f4cbf597c2a9802]: S. 14(2)(b) repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(6)(c)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e11bdd387f02cd5f160b7c2cc82f1f19]: Words in s. 14(2)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(6)(c)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-f126f954b713af6008209d78915bf918]: Words in s. 16(2)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(7) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-8e387e5afadccfc073b154a8da245aaf]: S. 16(A3) repealed (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 3(2)(c) (S.S.I. 2025/27, reg. 3, sch.)

[^key-dfad4ff847c07c5901474286db021e01]: Words in s. 16(A1) repealed (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 3(2)(a) (S.S.I. 2025/27, reg. 3, sch.)

[^key-f48c0180fdd93cf3d8005a9076ce0c62]: Words in s. 16(A2)(a) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 3(2)(b)(i) (S.S.I. 2025/27, reg. 3, sch.)

[^key-cd911ded4226a36281af6ecf4cad2cf6]: Words in s. 16(A2)(c) substituted (1.4.2025) by virtue of The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 3(2)(b)(ii) (S.S.I. 2025/27, reg. 3, sch.)

[^key-e8797728a53452e7d67ecf3ed32f1fe9]: S. 18(1A) inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(8)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.