The Age of Criminal Responsibility (Scotland) Act 2019 (Register of Child Interview Rights Practitioners) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in connection with the establishment and maintenance of the register of child interview rights practitioners under section 56(3) of the Age of Criminal Responsibility (Scotland) Act 2019.

Regulation 2 provides that in establishing and maintaining the register, the Scottish Ministers may invite applications from, or nominate, potential child interview rights practitioners as they consider appropriate.

Regulation 3 sets out the requirements for inclusion in the register and specifies certain circumstances where a person may not be included or continue to be included in the register. Regulation 3 also places a duty, on persons who are included in the register, to notify the Scottish Ministers of certain circumstances and sets out what the period of registration may be.

Regulation 4 sets out when a person may or must be removed from the register by the Scottish Ministers. It also provides that when the Scottish Ministers make a decision to remove someone from the register, they must give that person written notice of that decision.

Regulations 5 and 6 relate to training for persons who are included or are to be included in the register. Regulation 5 places a duty on the Scottish Ministers to train persons, or make arrangements for that training, which may include pre-registration training for persons before they are included in the register, or continuing training for those already included in the register. Regulation 6 sets out particular things which such training must cover.

Regulation 7 is concerned with the payment of fees, expenses and allowances to those included in the register or those who might be so included. It places a duty on the Scottish Ministers to make arrangements for the payment of fees to those included in the register. It further provides that the Scottish Ministers may also make arrangements for the payment of expenses and allowances to both those included in the register and those who may be so included. Regulation 7 also places a duty on the Scottish Ministers to publish the rate of fees, expenses and allowances which are paid in accordance with that regulation.

Regulation 8 makes provision about the operation and management of the register. It places a duty on the Scottish Ministers to keep the operation and management of the register under review and to monitor the performance of those included in the register. It also places a duty on the Scottish Ministers to establish and publish complaints procedures, both in relation to the operation and management of the register itself and in relation to how persons included in the regulations perform their functions.