12Presumption of ageS
(1)This section applies where—
(a)a relevant authority has reasonable grounds to believe that a person may be a victim of an offence of human trafficking, and
(b)the authority is not certain of the person's age but has reasonable grounds to believe that the person may be a child.
(2)Until an assessment of the person's age is carried out by a local authority, or the person's age is otherwise determined, the relevant authority must assume that the person is a child for the purposes of exercising its functions under the relevant enactments.
(3)The “relevant enactments” are—
(a)an enactment which applies to a child who is looked after by a local authority within the meaning of section 17(6)(a) of the Children (Scotland) Act 1995 (child for whom a local authority is providing accommodation),
(b)section 22 of the Children (Scotland) Act 1995 (promotion by a local authority of welfare of children in need),
(c)section 25 of the Children (Scotland) Act 1995 (provision by a local authority of accommodation for children),
(d)Part 4 of the Children and Young People (Scotland) Act 2014 (provision of named persons),
(e)Part 5 of the Children and Young People (Scotland) Act 2014 (child's plan), and
(f)section 11.
(4)In this section, “relevant authority” means—
(a)a Health Board constituted under section 2(1) of the National Health Service (Scotland) Act 1978, and
(b)a local authority.
(5)The Scottish Ministers may by regulations modify subsections (3) and (4).
Commencement Information
I1S. 12 in force at 31.5.2016 for specified purposes by S.S.I. 2016/128, reg. 2, Sch.
I2S. 12 in force at 31.1.2018 in so far as not already in force by S.S.I. 2018/9, reg. 2(a)