The Age of Criminal Responsibility (Scotland) Act 2019 (Commencement No. 2) Regulations 2020

Publication Date:January 01, 2020
 
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2020No. 74 (C. 7)

CHILDREN AND YOUNG PERSONS

The Age of Criminal Responsibility (Scotland) Act 2019 (Commencement No. 2) Regulations 2020

Made10thMarch2020

Laid before the Scottish Parliament12thMarch2020

Coming into force31stMarch2020

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. —(1) These Regulations may be cited as the Age of Criminal Responsibility (Scotland) Act 2019 (Commencement No. 2) Regulations 2020 and come into force on 31 March 2020.

(2) In these Regulations “the Act” means the Age of Criminal Responsibility (Scotland) Act 2019.

Appointed day

2. —(1) 31 March 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.

St Andrew's House,

Edinburgh

10th March 2020

MAREE TODD

Authorised to sign by the Scottish Ministers

SCHEDULE

Regulation 2(1)

Column 1

Column 2

Provisions of the Act

Subject matter

Section 22

Independent reviewer - guidance

Section 23

Independent reviewer – regulation of procedure for review

Section 24

Independent reviewer – regulations modifying functions

Section 29

List of places of safety

Section 30

Place of safety – regulations

Section 31

Place of safety – guidance

Section 32

Place of safety – reports on use

Section 33(4)

Search of child under 12 - regulations

Section 56(3) and (4)

Child interview rights practitioners regulations

Section 57

Child questioning and interviewing - guidance

Section 60(6)

Modification of key definitions - regulations

Section 65(2)(b)(iii) and 65(3)

Taking of intimate samples by prescribed individuals – regulations

Section 66(9)

Destruction of prints or samples taken under Section 63 – regulations

Section 73

Children's legal aid for proceedings under part 4 (police investigatory and other powers) regulations

Section 80

Interpretation

Section 81

Civil jurisdiction of summary sheriffs

Section 82

Regulation-making powers

Section 83

Ancillary provision

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 31 March 2020 listed in the schedule. These provisions relate to:

• Section 22 – issuing guidance in relation to the exercise of functions by the independent reviewer concerning disclosure of information,

• Section 23 – making regulations about the procedure for review by the independent reviewer under part 2 of the Act,

• Section 24 – making regulations to modify the functions of the independent reviewer,

• Section 29 – allowing the Scottish Ministers to compile and maintain a list of places of safety to be used under part 4 of the Act,

• Section 30 – allowing the Scottish Ministers to make regulations about children taken to and kept in a place of safety under section 28 of the Act,

• Section 31 – issuing guidance relating to the exercise of the power under section 28 of the Act,

• Section 32 – placing a requirement on the Scottish Ministers to publish reports on the use of places of safety under section 28 of the Act,

• Section 33(4) - allowing the Scottish Ministers to make regulations which specify enactments to which section 33 (search of a child under 12 without warrant under existing enactment) is not to apply,

• Section 56(3) and (4) - allowing the Scottish Ministers to make regulations in connection with child interview rights practitioners,

• Section 57 – allowing the Scottish Ministers to issue guidance in connection with the questioning of children by the police,

• Sections 60(6) - allowing the Scottish Ministers to make regulations to modify the definitions of “relevant physical data”, “relevant sample” and “intimate sample”,

• Sections 65(2)(b)(iii), 65(3) – allowing the Scottish Ministers to make regulations regarding the meaning of “registered health care professional”,

• Section 66(9) - allowing the Scottish Ministers to make...

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