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Criminal Justice (Scotland) Act 2016

Section 101 - Training for appropriate adults

257.Section 101 provides that Scottish Ministers may by regulations confer upon a person functions relating to training for appropriate adults. Section 101(a) provides that training may be provided to persons who are to provide appropriate adult services (or who wish to provide those services) and to provide training to such persons who may require to interact with those who require appropriate adult support. For example, such training may be provided to those persons who are required to conduct interviews in the course of a criminal investigation with a person who requires the support of an appropriate adult.

258.Section 101(b) provides that Scottish Ministers may by regulations specify how the function in relation to training may or must be discharged by the person upon whom that function has been conferred. Section 101(b) will allow the Scottish Ministers to make provisions, as to co-operation or co-ordination between such a person and the person upon whom the function of carrying out assessments has been conferred by virtue of section 100. Section 101(b) will also allow such training to take into account matters such as best practice.

259.Section 102 - Recommendations from quality assessor and training provider. Section 102 provides that a person on whom functions have been conferred by sections 100 or 101 (i.e. to provide oversight or training functions) can make recommendations to the provider of appropriate adult services or to the Scottish Ministers in their use of their subordinate legislation making power under section 61 and the provisions under this Chapter.

260.Subsection (2) provides that the providers of appropriate adult services must have regard to any recommendations made in relation to them.

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