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Age of Criminal Responsibility (Scotland) Act 2019

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18Review of information referred under section 14S

(1)The independent reviewer, on receiving information mentioned in section 14(1)(a), must review—

(a)whether the information is relevant in relation to the purpose described in the statement under section 113B(2) of the 1997 Act in relation to which the enhanced criminal record certificate is required, and

(b)whether it ought to be included in that certificate.

(2)The independent reviewer, on receiving information mentioned in section 14(1)(b), must review—

(a)whether the information is relevant in relation to the type of regulated work in relation to which the scheme member to whom the scheme record relates participates in the scheme, and

(b)whether it ought to be included in that record.

(3)The independent reviewer, in carrying out a review under this section, must—

(a)take account of—

(i)information provided under section 14(2),

(ii)any representations made by the applicant or, as the case may be, the scheme member, and

(iii)any information provided under section 17,

(b)have regard to any guidance issued by the Scottish Ministers under section 22.

(4)Following the review, the independent reviewer must determine either—

(a)that the information ought not to be included in the enhanced criminal record certificate or, as the case may be, scheme record, or

(b)that the information ought to be so included.

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