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

Inclusion in the register: requirements and period of registration S

3.—(1) The Scottish Ministers may include a person in the register for the relevant period who—

(a) meets the requirement in section 56(2) of the Act, and

(b) satisfies the requirements as referred to in this regulation.

(2) The Scottish Ministers may include or, as the case may be, continue to include a person in the register where satisfied that the person—

(a) meets the key competencies, and

(b) has experience which the Scottish Ministers consider appropriate for child interview rights practitioners.

(3) The Scottish Ministers may only include or, as the case may be, continue to include a person in the register where that person has successfully completed such pre-registration training and such continuous training under regulations 5 and 6 as the Scottish Ministers think fit.

(4) A person may not be included or, as the case may be, continue to be included in the register if that person is or becomes barred from regulated [F1 roles] with children by virtue of the Protection of Vulnerable Groups (Scotland) Act 2007(1).

(5) A person may not be included in the register or, as the case may be, continue to be included in the register, if that person is or becomes—

(a) a member of Children’s Hearings Scotland,

(b) employed by Children’s Hearings Scotland,

(c) a member of an area support team,

(d) a member of the Scottish Children’s Reporter Administration,

(e) employed by the Scottish Children’s Reporter Administration, or

(f) a member of the Children’s Panel.

(6) A person who is included in the register must comply with—

(a) the Code of Practice, and

(b) any condition of registration as notified in writing to that person by the Scottish Ministers.

(7) A person who is included in the register must, as soon as practicable, notify the Scottish Ministers in writing if they—

(a) are no longer entitled to provide children’s legal assistance under section 28M of the Legal Aid (Scotland) Act 1986(2),

(b) are barred from regulated [F2 roles] with children by virtue of the Protection of Vulnerable Groups (Scotland) Act 2007, or

(c) become a person as described in paragraph (5).

(8) In this regulation—

(a) “area support team” has the meaning given by paragraph 12(1) of schedule 1 of the Children’s Hearings (Scotland) Act 2011(3),

(b) “the Children’s Panel” has the meaning given by section 4(1) of the Children’s Hearings (Scotland) Act 2011,

(c) “the Code of Practice” means the child interview rights practitioners code of practice published by the Scottish Government on 4 June 2021(4),

(d) “the key competencies” means those competencies as set out in paragraph 20 of the Code of Practice,

(e) “the relevant period” means—

(i) the period of 3 years beginning with the date on which a person was first included on the register,

(ii) any subsequent period or periods of no less than 1 year and no more than 3 years, as determined by the Scottish Ministers.

Textual Amendments

F1 Word in reg. 3(4) substituted (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. 21(a) (S.S.I. 2025/27, reg. 3, sch.)

F2 Word in reg. 3(7)(b) substituted (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. 21(b) (S.S.I. 2025/27, reg. 3, sch.)

Commencement Information

I1 Reg. 3 in force at 30.9.2021, see reg. 1(1)

(1)

2007 asp 14.

(2)

1986 c.47. Section 28M was inserted by section 191 of the Children’s Hearings (Scotland) Act 2011 (asp 1).

(3)

2011 asp 1. Paragraph 12 of schedule 1 was relevantly amended by section 88(2) of the Children and Young People (Scotland) Act 2014 (asp 8).

(4)

https://www.gov.scot/publications/age-criminal-responsibility-scotland-act-2019-child-interview-rights-practitioners-code-practice/