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Age of Criminal Responsibility (Scotland) Act 2019
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Age of Criminal Responsibility (Scotland) Act 2019, Section 18 is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 18:
- s. 18(1)(a) words substituted by 2020 asp 13 sch. 5 para. 7(8)(a)(i)
- s. 18(1)(b) words substituted by 2020 asp 13 sch. 5 para. 7(8)(a)(ii)
- s. 18(1A) inserted by 2020 asp 13 sch. 5 para. 7(8)(b)
- s. 18(2) repealed by 2020 asp 13 sch. 5 para. 7(8)(c)
- s. 18(4)(a) words substituted by 2020 asp 13 sch. 5 para. 7(8)(d)
- s. 20A inserted by 2020 asp 13 sch. 5 para. 7(9)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 18(1A) inserted by 2020 asp 13 sch. 5 para. 7(8)(b)
- s. 20A inserted by 2020 asp 13 sch. 5 para. 7(9)
18 [F1Review of referred information] S
This section has no associated Explanatory Notes
(1)The independent reviewer, on receiving information [F2falling within section 16(A2)], 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 [F3falling within section 16(A3)], 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 [F4in compliance with any requirement as to information to be provided to the independent reviewer together with the information falling within section 16(A2) or, as the case may be, (A3)],
(ii)any representations made by the applicant or, as the case may be, the scheme member, and
(iii)any information provided [F5in response to a notice given by the independent reviewer requiring information in connection with the review],
(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.
Textual Amendments
F1S. 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)
F2Words 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)
F3Words in s. 18(2) substituted (17.12.2021) by The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 (S.S.I. 2021/476), regs. 1, 2(3)(b)
F4Words 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)
F5Words 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)
Commencement Information
I1S. 18 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.
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