These Regulations bring into force the provisions of the Age of Criminal Responsibility (Scotland) Act 2019 (“the Act”) on 31 March 2020 listed in the schedule. These provisions relate to:
Section 22 – issuing guidance in relation to the exercise of functions by the independent reviewer concerning disclosure of information,
Section 23 – making regulations about the procedure for review by the independent reviewer under part 2 of the Act,
Section 24 – making regulations to modify the functions of the independent reviewer,
Section 29 – allowing the Scottish Ministers to compile and maintain a list of places of safety to be used under part 4 of the Act,
Section 30 – allowing the Scottish Ministers to make regulations about children taken to and kept in a place of safety under section 28 of the Act,
Section 31 – issuing guidance relating to the exercise of the power under section 28 of the Act,
Section 32 – placing a requirement on the Scottish Ministers to publish reports on the use of places of safety under section 28 of the Act,
Section 33(4) - allowing the Scottish Ministers to make regulations which specify enactments to which section 33 (search of a child under 12 without warrant under existing enactment) is not to apply,
Section 56(3) and (4) - allowing the Scottish Ministers to make regulations in connection with child interview rights practitioners,
Section 57 – allowing the Scottish Ministers to issue guidance in connection with the questioning of children by the police,
Sections 60(6) - allowing the Scottish Ministers to make regulations to modify the definitions of “relevant physical data”, “relevant sample” and “intimate sample”,
Sections 65(2)(b)(iii), 65(3) – allowing the Scottish Ministers to make regulations regarding the meaning of “registered health care professional”,
Section 66(9) - allowing the Scottish Ministers to make regulations in connection with the destruction of prints and samples,
Section 73 - amending the Legal Aid (Scotland) Act 1986 to insert new provision for legal aid in respect of certain proceedings under part 4 of the Act,
Section 80 - making interpretative provision for part 4 of the Act,
Section 81 - amending the Courts Reform (Scotland) Act 2014 to include proceedings under the Act,
Section 82 - making provision on the procedure to be followed in respect of regulation-making powers under the Act, and
Section 83 - making ancillary provision.
These are the second Commencement Regulations in respect of the Act.