Search Legislation

Children’s Hearings (Scotland) Act 2011

Section 188 – Criminal record certificates

274.This extends the meaning of “relevant matter” in section 113A of the 1997 Act. This is achieved by bringing certain “alternatives to prosecution” in the new section 8B (1A) and (1D) of the 1974 Act within the meaning of “relevant matter” in the 1997 Act as well as certain supervision requirements and discharges made under the Social Work (Scotland) Act 1968. Section 188 therefore establishes a link between the alternatives to prosecution resulting from Children’s Hearings on offence grounds and the 1997 Act.

275.Subsection (b) provides Scottish Ministers with the power to make an order specifying to which offences (resulting in an alternative to prosecution following a Children’s Hearing), the definition of ‘relevant matter’ will apply. This limits the offences Disclosure Scotland can access whilst discharging their functions of providing criminal record checks for recruitment and other purposes. Any such order will be subject to affirmative procedure. Subsection (6B) provides that the order can set out offences by level of seriousness.

Back to top


Print Options


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