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Age of Criminal Responsibility (Scotland) Act 2019

The independent reviewer

56.Section 11 of the Act creates the position of independent reviewer. The principal function conferred on the independent reviewer by the Act is reviewing information proposed to be included in enhanced disclosures or scheme records as ORI. Other functions include the preparation of an annual report, which may include recommendations, for example, about changes to how the review system works (see section 21). Section 24 allows the independent reviewer’s functions to be modified by regulations (subject to the affirmative procedure – see section 82(3)(c)).

57.The independent reviewer will be appointed by the Scottish Ministers (section 12(1)). The rest of section 12 makes self-explanatory provision about various other matters to do with appointment (including disqualification from appointment and removal from office). The reviewer is likely to require administrative support and section 13 allows this to be provided by the Scottish Ministers, following consultation with the reviewer. If support is not directly provided by the Scottish Ministers, they must ensure that the necessary support is provided.

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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.


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