(introduced by sections 36 and 39)
1(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 16 (victim’s right to receive information concerning release etc. of offender)—
(a)in subsection (1), after “perpetrated” insert “(the “victim”)”,
(b)for subsection (5), substitute—
“(5)Where information would fall to be given under subsection (1), but the victim has died or is incapable, that subsection applies as if references in it to the victim were references to the designated person or designated persons.”,
(c)after subsection (5) insert—
“(5A)For the purposes of subsection (5), a designated person means a person designated by the Scottish Ministers to be given the information in place of the victim in accordance with subsections (5B) to (5E).
(5B)The Scottish Ministers—
(a)may designate, as they consider appropriate—
(i)where the victim has died, at least one person and not more than 4 persons as designated persons,
(ii)where the victim is incapable, one person as designated person,
(b)must, where a person intimates that they wish to be a designated person (and the maximum number of persons who may be designated in accordance with paragraph (a) has not been reached), consider whether to designate that person.
(5C)Where the victim has died, the Scottish Ministers may—
(a)if they consider it appropriate to do so—
(i)remove a person as a designated person,
(ii)add a person as a designated person (provided such addition does not result in there being more than 4 designated persons, subject to paragraph (b)),
(b)on cause shown, add a person as a designated person where that addition results in there being 5 designated persons.
(5D)Where the victim is incapable, the Scottish Ministers may, if they consider it appropriate to do so, remove or replace a person as designated person.
(5E)The Scottish Ministers must have regard to the code of practice issued under section 18ZA in designating, adding, removing or replacing persons as designated persons.
(5F)If a designated person is a child, the Scottish Ministers must determine whether the information should be provided to—
(a)the designated person,
(b)the designated person and the person who cares for the designated person,
(c)the person who cares for the designated person, or
(d)another person over the age of 18 years with a relationship to the designated person,
but only if the Scottish Ministers are satisfied that the person consents to being given the information.
(5G)When making a determination under subsection (5F), the Scottish Ministers must have regard to—
(a)the designated person’s age and maturity,
(b)any views expressed by the designated person, and
(c)the best interests of the designated person.
(5H)When making a determination under subsection (5F), the Scottish Ministers must also have regard to the code of practice issued under section 18ZA.
(5I)The Scottish Ministers may—
(a)review a determination made under subsection (5F)—
(i)of their own accord, or
(ii)at the request of the designated person or the other person (if any) to whom the determination relates,
(b)following a review, make a new determination under subsection (5F).
(5J)Where a determination has been made under subsection (5F)—
(a)before the designated person attains the age of 18 years, the Scottish Ministers must contact the designated person to establish how the designated person wishes to receive information under this section after they attain the age of 18 years,
(b)after the designated person attains the age of 18 years, the most recent determination made under subsection (5F) in relation to the designated continues to have effect until a new intimation under subsection (1) is made.
(5K)In this section, “incapable” means incapable of understanding or retaining the memory of information which falls to be given under subsection (1) by reason of any mental disorder or inability to communicate where that inability to communicate cannot be made good by human or mechanical aid (whether of an interpretive nature or otherwise).”,
(d)subsection (6) is repealed,
(e)for subsection (9), substitute—
“(9)The Scottish Ministers may, by regulations, modify this section by substituting for—
(a)references to a person specified in any part of this section to whom information may be made available, including references to the designated person, references to such other person as they consider appropriate,
(b)the age specified in any part of this section such other age as they consider appropriate,
(c)the number of persons who may be designated as designated persons where the victim has died, such other number as they consider appropriate.”.
(3)In section 16B (person entitled to ask to be given information under section 16A)—
(a)in subsection (1)—
(i)for paragraph (b), substitute—
“(b)if V has died or is incapable, the designated person or designated persons.”,
(ii)paragraph (c) is repealed,
(b)for subsection (3), substitute—
“(3)For the purposes of this section, a designated person means a person designated by the Scottish Ministers to be given the information in place of V in accordance with subsections (4) to (8).”,
(c)after subsection (3), insert—
“(4)The Scottish Ministers—
(a)may designate, as they consider appropriate—
(i)where V has died, at least one person and not more than 4 persons as designated persons,
(ii)where V is incapable, one person as designated person,
(b)must, where a person intimates that they wish to be a designated person (and the maximum number of persons who may be designated in accordance with paragraph (a) has not been reached), consider whether to designate that person.
(5)Where V has died, the Scottish Ministers may—
(a)if they consider it appropriate to do so—
(i)remove a person as a designated person,
(ii)add a person as a designated person (provided such addition does not result in there being more than 4 designated persons, subject to paragraph (b)),
(b)on cause shown, add a person as a designated person where that addition results in there being 5 designated persons.
(6)Where V is incapable, the Scottish Ministers may, if they consider it appropriate to do so, remove or replace a person as designated person.
(7)The Scottish Ministers may, by regulations, amend this section by substituting—
(a)for the number of persons who may be designated as designated persons where V has died, such other number as they consider appropriate,
(b)references to a person specified in any part of this section to whom information may be made available, including references to the designated person, reference to such other person as they consider appropriate.
(8)The Scottish Ministers must have regard to the code of practice issued under section 18ZA in designating, adding, removing or replacing persons as designated persons.
(9)If a designated person is a child, the Scottish Ministers must determine whether the information should be provided to—
(a)the designated person,
(b)the designated person and the person who cares for the designated person,
(c)the person who cares for the designated person, or
(d)another person over the age of 18 years with a relationship to the designated person,
but only if the Scottish Ministers are satisfied that the person consents to being given the information.
(10)When making a determination under subsection (9), the Scottish Ministers must have regard to—
(a)the designated person’s age and maturity,
(b)any views expressed by the designated person, and
(c)the best interests of the designated person.
(11)When making a determination under subsection (9), the Scottish Ministers must also have regard to the code of practice issued under section 18ZA.
(12)The Scottish Ministers may—
(a)review a determination made under subsection (9)—
(i)of their own accord, or
(ii)at the request of the designated person or the other person (if any) to whom the determination relates,
(b)following a review, make a new determination under subsection (9).
(13)Where a determination has been made under subsection (9)—
(a)before the designated person attains the age of 18 years, the Scottish Ministers must contact the designated person to establish how the designated person wishes to receive information under this section after they attain the age of 18 years,
(b)after the designated person attains the age of 18 years, the most recent determination made under subsection (9) in relation to the designated continues to have effect until a new intimation under subsection (1) is made.
(14)In this section, “incapable” means incapable of understanding or retaining the memory of information which falls to be given under subsection (1) by reason of any mental disorder or inability to communicate where that inability to communicate cannot be made good by human or mechanical aid (whether of an interpretive nature or otherwise).
(15)In this section, the expression “cares for” is to be construed in accordance with the definition of “someone who cares for” in paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010.”.
(4)After section 18, insert—
(1)The Scottish Ministers must prepare a code of practice in relation to—
(a)designated persons,
(b)determinations made under sections 16(4B) and (5F) and 16B(2A) and (9).
(2)In preparing the code of practice, the Scottish Ministers must—
(a)publish a draft of the code, and
(b)consult such persons as they consider appropriate.
(3)The Scottish Ministers—
(a)must—
(i)publish the code of practice in such manner as they consider appropriate,
(ii)lay a copy of the code before the Scottish Parliament,
(b)may revise the code of practice and publish an updated code as they consider appropriate, and subsection (2) and paragraph (a) of this subsection apply to a revised code as they apply to the original code.
(4)The code of practice may, in particular—
(a)set out a list of persons who may be designated as designated persons by reference to their relationship to the person to whom information would otherwise fall to be given under section 16(1), or who would otherwise be entitled to ask to be given information under section 16A, subject to other factors and circumstances to be taken into consideration,
(b)provide guidance about—
(i)the ways in which the Scottish Ministers may exercise their discretion in relation to the designation of persons under section 16 or 16B,
(ii)factors to be taken into consideration in designating persons,
(iii)evidence which may be required in order to establish the relationship between the person to whom information would otherwise fall to be given under section 16(1), or who would otherwise be entitled to ask to be given information under section 16A, and a person being considered for designation,
(iv)circumstances in which it may be appropriate to add, remove or replace a person as a designated person,
(c)set out—
(i)a complaints process in relation to the designation of persons,
(ii)a process by which a person can seek reconsideration of a decision not to designate that person,
(d)provide guidance about the making of determinations under sections 16(4B) and (5F) and 16B(2A) and (9), in particular about—
(i)the assessment of the factors mentioned in sections 16(4C) and (5G) and 16B(2B) and (10),
(ii)the carrying out of a review under sections 16(4E) and (5I) and 16B(2D) and (12),
(e)provide guidance in relation to contacting a victim under sections 16(4F) and (5J) and 16B(2E) and (13).
(5)A code of practice made under this section comes into force on such day as the Scottish Ministers may, by regulations, appoint.”.
(5)In section 88(2)(a)—
(a)after “16(4)” insert “, 16(9), 16B(7)”,
(b)after “17DB(1A)” (as inserted by section 29B(3)(b)) insert “, 18ZA(5)”.
2(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 16ZA (provision of information to person supporting victim)—
(a)in subsection (1)(a)—
(i)for “(the “victim”)” substitute “(“P”)”,
(ii)after “that” insert “either (but not both)”,
(iii)the words from “a person” where it second occurs to the end become sub-paragraph (i),
(iv)in that sub-paragraph—
(A)for “the victim” where it first occurs substitute “P”,
(B)for “perpetrated against the victim” substitute “in relation to which P is entitled to receive information”,
(v)after sub-paragraph (i) insert—
“(ii)an individual who is not a supporter (the “nominee”) is to be given, as well as or instead of P, that information and Ministers are satisfied that the nominee consents to being given the information, or”,
(b)in subsection (1)(b), for “the victim” substitute “P”,
(c)after subsection (1) insert—
“(1A)An individual may be a nominee under subsection (1)(a)(ii) only if the individual—
(a)has attained 18 years of age, and
(b)is not the person convicted of the offence against the victim.”,
(d)in subsection (2)(b)—
(i)for “the victim” where it first occurs substitute “P”,
(ii)for “perpetrated against the victim” substitute “in relation to which P is entitled to receive information”,
(e)in subsection (3), after “supporter” insert “or, as the case may be, the nominee”,
(f)after subsection (3) insert—
“(3A)An individual ceases to be a nominee if—
(a)the individual withdraws consent to receiving information under subsection (3), or
(b)the Scottish Ministers are made aware that the individual has—
(i)died, or
(ii)become incapable, by reason of mental disorder or inability to communicate, of understanding the information.
(3B)A supporter may withdraw an intimation under subsection (1)(b).
(3C)P may—
(a)withdraw—
(i)an intimation under subsection (1)(a),
(ii)consent to a supporter being given information following an intimation under subsection (1)(b),
(b)make a fresh intimation under subsection (1)(a),
(c)grant consent to a fresh intimation under subsection (1)(b).
(3D)Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not such intimation or consent has been withdrawn.
(3E)The Scottish Ministers must—
(a)where a nominee withdraws consent under subsection (3A)(a), or a supporter withdraws consent under subsection (3B), give notice in writing to—
(i)P that the consent has been withdrawn,
(ii)the nominee or the supporter, as the case may be, that they will not be given information under subsection (3),
(b)where, under subsection (3C), P withdraws an intimation or consent, makes a fresh intimation, or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given information under subsection (3) of that fact.
(3F)Where P is a child—
(a)before P attains the age of 18 years, the Scottish Ministers must contact P to establish how P (after P attains the age of 18 years) wishes to receive the information described in section 16(3),
(b)after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) in relation to P continues to have effect until—
(i)a supporter withdraws consent under subsection (3B), or
(ii)P takes any action mentioned in subsection (3C).”,
(g)for subsection (5), substitute—
“(5)In this section—
“support services”—
means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of P, and
includes—
providing P with information (including information provided under subsection (3)),
assisting P with safety planning,
assisting P with the making of representations under this Part,
“victim” means the person against whom the offence in relation to which P is entitled to receive information was perpetrated.”.
(3)The title of section 16ZA becomes “Provision of information to person other than victim”.
(4)In section 16D (provision of information concerning offender subject to compulsion order to person supporting victim)—
(a)in subsection (1)(a)—
(i)for “(the “victim”)”, substitute “(“P”)”,
(ii)after “that” insert “either (but not both)”,
(iii)the words from “a person” where it second occurs to the end become sub-paragraph (i),
(iv)in that sub-paragraph, for “the victim” substitute “P”,
(v)after sub-paragraph (i) insert—
“(ii)an individual who is not a supporter (the “nominee”) is to be given, as well as or instead of P, that information and Ministers are satisfied that the nominee consents to being given the information, or”,
(b)in subsection (1)(b), for “the victim” substitute “P”,
(c)after subsection (1) insert—
“(1A)An individual may be a nominee under subsection (1)(a)(ii) only if the individual—
(a)has attained 18 years of age, and
(b)is not the person convicted of the offence in relation to which P is entitled to receive information.”,
(d)in subsection (2)(b), for “the victim” substitute “P”,
(e)in subsection (3), after “supporter” insert “or, as the case may be, the nominee”,
(f)in subsection (4), in both paragraph (a) and (b), after “supporter” insert “or nominee”,
(g)in subsection (6)—
(i)for “the victim”, substitute “P”,
(ii)after “supporter” insert “or nominee”,
(h)after subsection (6) insert—
“(6A)An individual ceases to be a nominee if—
(a)the individual withdraws consent to receiving information under subsection (3),
(b)the Scottish Ministers are made aware that the individual has—
(i)died, or
(ii)become incapable, by reason of mental disorder or inability to communicate, of understanding the information.
(6B)A supporter may withdraw an intimation under subsection (1)(b).
(6C)P may—
(a)withdraw—
(i)an intimation under subsection (1)(a),
(ii)consent to a supporter being given information following an intimation under subsection (1)(b),
(b)make a fresh intimation under subsection (1)(a),
(c)grant consent to a fresh intimation under subsection (1)(b).
(6D)Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not such intimation or consent has been withdrawn.
(6E)The Scottish Ministers must—
(a)where a nominee withdraws consent under subsection (6A)(a), or a supporter withdraws consent under subsection (6B), give notice in writing to—
(i)P that the consent has been withdrawn,
(ii)the nominee or the supporter, as the case may be, that they will not be given information under subsection (3),
(b)where, under subsection (6C), P withdraws an intimation or consent, makes a fresh intimation, or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given information under subsection (3) of that fact.
(6F)Where P is a child—
(a)before P attains the age of 18 years, the Scottish Ministers must contact P to establish how P (after P attains the age of 18 years) wishes to receive information described in section 16C,
(b)after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) in relation to P continues to have effect until—
(i)a supporter withdraws consent under subsection (6B), or
(ii)P takes any action mentioned in subsection (6C).”.
(5)In subsection (7), for “has the same meaning” substitute “and “victim” have the same meanings”.
(6)The title of section 16D becomes “Provision of information concerning offender subject to compulsion order to person other than victim”.
(7)In section 17ZA (release on licence: provision of information to person supporting victim)—
(a)in subsection (1)(a)—
(i)for “(the “victim”)” substitute “(“P”)”,
(ii)for the words from “a person” where it second occurs to the end, substitute “either (but not both)—
(i)a person to whom section 16ZA(2) applies (a “supporter”), or
(ii)an individual who is or may be a nominee under section 16ZA (a “nominee”),
to be informed, as well as or instead of P, before any decision is taken to release the convicted person, or”,
(b)in subsection (1)(b)—
(i)for “the supporter” where it first occurs substitute “a supporter who is entitled to receive information under section 16ZA”,
(ii)for “the victim” substitute “P”,
(c)after subsection (1) insert—
“(1A)But this section applies only if—
(a)in the case of an intimation under subsection (1)(a)(i)—
(i)the supporter is entitled to receive information under section 16ZA, or
(ii)an individual is so entitled by virtue of section 16ZA(1)(a)(ii),
(b)in the case of an intimation under subsection (1)(a)(ii)—
(i)either the nominee or a supporter is entitled to receive information under section 16ZA, and
(ii)the Scottish Ministers are satisfied that the nominee consents to be informed as mentioned in that subsection.”,
(d)in subsection (2)—
(i)for “the victim” substitute “P”,
(ii)after “supporter” insert “or, as the case may be, nominee”,
(e)in subsection (3)—
(i)after “supporter” insert “or nominee”,
(ii)for “the victim” substitute “P”,
(f)after subsection (3) insert—
“(3A)An individual ceases to be a nominee if—
(a)where the individual is also a nominee under section 16ZA, the individual ceases to be a nominee under that section,
(b)the individual withdraws consent to being informed as mentioned in subsection (1)(a)(ii),
(c)the Scottish Ministers are made aware that the individual has—
(i)died, or
(ii)become incapable, by reason of mental disorder or inability to communicate, of understanding the information.
(3B)A supporter may withdraw an intimation under subsection (1)(b).
(3C)P may—
(a)withdraw—
(i)an intimation under subsection (1)(a),
(ii)consent to an intimation under subsection (1)(b),
(b)make a fresh intimation under subsection (1)(a),
(c)grant consent to a fresh intimation under subsection (1)(b).
(3D)Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not the previous intimation or consent has been withdrawn.
(3E)The Scottish Ministers must—
(a)where a nominee withdraws consent under subsection (3A)(b), or a supporter withdraws consent under subsection (3B), give notice in writing to—
(i)P that the consent has been withdrawn,
(ii)the nominee or the supporter, as the case may be, that they will not be informed as mentioned in subsection (1)(a)(ii),
(b)where, under subsection (3C), P withdraws an intimation or consent, or makes a fresh intimation, or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given information under subsection (3) of that fact.
(3F)Where P is a child—
(a)before P attains the age of 18 years, the Scottish Ministers must contact P to establish who P (after P attains the age of 18 years) wishes to be informed before any decision is taken to release the convicted person,
(b)after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) in relation to P continues to have effect until—
(i)a supporter withdraws consent under subsection (3B), or
(ii)P takes any action mentioned in subsection (3C).”.
(8)The title of section 17ZA becomes “Release on licence: provision of information to person other than victim”.
(9)In section 17A (temporary release: victim’s right to make representations about conditions)—
(a)in subsection (1)(a) for “(the “victim”)” substitute “(“P”)”,
(b)in subsection (1)(b), after ““supporter”” insert “or the “nominee””,
(c)in subsections (2), (3), and (4) for “the victim” in each place where it occurs substitute “P”,
(d)in subsection (4)(b), for “the supporter” substitute “any supporter or nominee to be given notice and information under section 17ZA(2) and (3)”.
(10)In section 17B (mentally-disordered offender: victim's right to make representations), after subsection (5), insert—
“(5A)The Scottish Ministers must fix a time within which representations under subsection (1) require to be made to them if they are to be considered by them, and they must notify V accordingly.”.
(11)After section 17B, insert—
(1)This section applies where—
(a)a person entitled to be afforded an opportunity to make representations under section 17B (“P”) intimates that they wish either (but not both)—
(i)a person to whom section 17DA(2) applies (a “supporter”), or
(ii)an individual who is or may be a nominee under section 17DA (a “nominee”),
to be informed as well as or instead of P before any decision described in section 17B(1)(a) or (b) is taken, or
(b)a supporter who is entitled to receive information under section 17DA intimates that they wish to be so informed and the Scottish Ministers are satisfied that P consents to the supporter being so informed.
(2)But this section applies only if—
(a)in the case of an intimation under subsection (1)(a)(i)—
(i)the supporter is entitled to receive information under section 17DA, or
(ii)an individual is so entitled by virtue of section 17DA(1)(a)(ii),
(b)in the case of an intimation under subsection (1)(a)(ii)—
(i)either the nominee or a supporter is entitled to receive information under section 17DA, and
(ii)the Scottish Ministers are satisfied that the nominee consents to be informed as mentioned in that subsection.
(3)The Scottish Ministers must, whether or not P has intimated the wish to be afforded the opportunity to make representations under section 17B(1), give the supporter or, as the case may be, nominee, notice as mentioned in section 17B(5A).
(4)The Scottish Ministers need not give notice under subsection (3) where subsection 17B(6) applies.
(5)An individual ceases to be a nominee if—
(a)where the individual is also a nominee under section 17DA, the individual ceases to be a nominee under that section,
(b)the individual withdraws consent to being informed as mentioned in subsection (1)(a),
(c)the Scottish Ministers are made aware that the individual has—
(i)died, or
(ii)become incapable, by reason of mental disorder or inability to communicate, of understanding the information.
(6)A supporter may withdraw an intimation under subsection (1)(b).
(7)P may—
(a)withdraw—
(i)an intimation under subsection (1)(a),
(ii)consent to an intimation under subsection (1)(b),
(b)make a fresh intimation under subsection (1)(a),
(c)grant consent to a fresh intimation under subsection (1)(b).
(8)Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not the previous intimation or consent has been withdrawn.
(9)The Scottish Ministers must—
(a)where a nominee withdraws consent under subsection (5)(b), or a supporter withdraws consent under subsection (6), give notice in writing to—
(i)P that the consent has been withdrawn,
(ii)the nominee or the supporter, as the case may be, that they will not be informed as mentioned in subsection (1)(a) or, as the case may be, (b),
(b)where, under subsection (7), P withdraws an intimation or consent, makes a fresh intimation or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given notice under subsection (3) of that fact.
(10)Where P is a child—
(a)before P attains the age of 18 years, the Scottish Ministers must contact P to establish who P (after P attains the age of 18 years) wishes to be informed before any decision described in section 17B(1)(a) or (b) is taken,
(b)after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) continues to have effect until—
(i)a supporter withdraws consent under subsection (6), or
(ii)P takes any action mentioned in subsection (7).”.
(12)In section 17DA (section 17B decision: provision of information to person supporting victim)—
(a)in subsection (1)(a)—
(i)for “(the “victim”)” substitute “(“P”)”,
(ii)after “that” insert “either (but not both)”,
(iii)the words from “a person” where it second occurs to the end become sub-paragraph (i),
(iv)in that sub-paragraph, for “the victim” substitute “P”,
(v)after sub-paragraph (i) insert—
“(ii)an individual who is not a supporter (the “nominee”) is to be given, as well as or instead of P, that information and the Scottish Ministers are satisfied that the nominee consents to being given the information, or”,
(b)in subsection (1)(b), for “the victim” substitute “P”,
(c)after subsection (1) insert—
“(1A)An individual may be a nominee under subsection (1)(a)(ii) only if the individual—
(a)has attained 18 years of age, and
(b)is not the person convicted of the offence in relation to which P is entitled to receive information.”,
(d)in subsection (2)(b), for “the victim” substitute “P”,
(e)in subsection (3), after “supporter” insert “or, as the case may be, the nominee”,
(f)in subsection (4)(a), after “supporter” insert “or nominee”,
(g)in subsection (5)—
(i)in paragraph (a), after “supporter” insert “or nominee”,
(ii)in paragraph (b), after “supporter” in both places where it occurs insert “or nominee”,
(h)after subsection (5) insert—
“(5A)An individual ceases to be a nominee if—
(a)the individual withdraws consent to receiving information under subsection (3) or (5),
(b)the Scottish Ministers are made aware that the individual has—
(i)died, or
(ii)become incapable, by reason of mental disorder or inability to communicate, of receiving the information.
(5B)A supporter may withdraw an intimation under subsection (1)(b).
(5C)P may—
(a)withdraw—
(i)an intimation under subsection (1)(a),
(ii)consent to an intimation under subsection (1)(b),
(b)make a fresh intimation under subsection (1)(a),
(c)grant consent to a fresh intimation under subsection (1)(b).
(5D)Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not the previous intimation or consent has been withdrawn.
(5E)The Scottish Ministers must—
(a)where a nominee withdraws consent under subsection (5A)(a), or a supporter withdraws consent under subsection (5B), give notice in writing to—
(i)P that the consent has been withdrawn,
(ii)the nominee or supporter, as the case may be, that they will not be given information under subsection (3) or (5),
(b)where, under subsection (5C), P withdraws an intimation or consent, makes a fresh intimation, or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given information under subsection (3) or (5) of that fact.
(5F)Where P is a child—
(a)before P attains the age of 18 years, the Scottish Ministers must contact P to establish how P (after P attains the age of 18 years) wishes to be informed that a decision under section 17B has been taken,
(b)after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) in relation to P continues to have effect until—
(i)a supporter withdraws consent under subsection (5B), or
(ii)P takes any action mentioned in subsection (5C).”.
(13)The title of section 17DA becomes “Section 17B decision: provision on information to person other than victim”.
(14)In section 17E (information sharing in respect of mentally-disordered offenders)—
(a)in subsection (1), after “supporter” insert “or, as the case may be, a nominee”,
(b)in subsection (3), after “supporter” insert “or nominee”,
(c)in subsection (6), for “is” substitute “and “nominee” are”.
(15)In section 18A (interpretation of Part)—
(a)in subsection (3), after “supporter” insert “or nominee”,
(b)in subsection (5), for “is” substitute “and “nominee” are”.