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Age of Criminal Responsibility (Scotland) Act 2019
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18 [F1Review of referred information] S
This section has no associated Explanatory Notes
(1)The independent reviewer, on receiving information [F2falling within section 16(A2)], must review—
(a)whether the information is relevant in relation to the purpose described in the statement under section 113B(2) of the 1997 Act [F3for the purpose of the disclosure, and]
(b)whether it ought to be included in [F4the disclosure].
[F5(1A)Section 33 of the 2020 Act (Level 2 disclosure: considering relevance and whether to include certain information) applies for the purposes of subsection (1) of this section as it applies for the purposes of the sections mentioned in subsection (1) of that section, but as if—
(a)references to a conviction or a children's hearing outcome were omitted, and
(b)references to other information were references to information mentioned in section 14(1)(a) of this Act.]
F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The independent reviewer, in carrying out a review under this section, must—
(a)take account of—
(i)information provided [F7in compliance with any requirement as to information to be provided to the independent reviewer together with the information falling within section 16(A2) F8...],
(ii)any representations made by the applicant or, as the case may be, the scheme member, and
(iii)any information provided [F9in response to a notice given by the independent reviewer requiring information in connection with the review],
(b)have regard to any guidance issued by the Scottish Ministers under section 22.
(4)Following the review, the independent reviewer must determine either—
(a)that the information ought not to be included in the [F10Level 2 disclosure], or
(b)that the information ought to be so included.
Textual Amendments
F1S. 18 heading substituted (17.12.2021) by virtue of The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 (S.S.I. 2021/476), regs. 1, 2(4)
F2Words in s. 18(1) substituted (17.12.2021) by The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 (S.S.I. 2021/476), regs. 1, 2(3)(a)
F3Words in s. 18(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(8)(a)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F4Words in s. 18(1)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(8)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F5S. 18(1A) inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(8)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F6S. 18(2) repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(8)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F7Words in s. 18(3)(a)(i) substituted (17.12.2021) by The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 (S.S.I. 2021/476), regs. 1, 2(3)(c)(i)
F8Words in s. 18(3)(a)(i) repealed (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 3(3) (S.S.I. 2025/27, reg. 3, sch.)
F9Words in s. 18(3)(a)(iii) substituted (17.12.2021) by The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 (S.S.I. 2021/476), regs. 1, 2(3)(c)(ii)
F10Words in s. 18(4)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(8)(d) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
Commencement Information
I1S. 18 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.
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