- Latest available (Revised)
- Original (As enacted)
Age of Criminal Responsibility (Scotland) Act 2019
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
Age of Criminal Responsibility (Scotland) Act 2019, Section 18 is up to date with all changes known to be in force on or before 19 April 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
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- s. 18(2) repealed by 2020 asp 13 sch. 5 para. 7(8)(c)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)
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.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Chapter
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.