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The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021
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There are currently no known outstanding effects for The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021, Section 5.
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Referral of information to independent reviewerU.K.
This section has no associated Explanatory Memorandum
5.—(1) This article applies where—
(a)a chief officer, having been requested to do so by the Scottish Ministers under section [F114A of the Disclosure Act], has identified information which relates to a time when the applicant was under 12 years of age and which, in the chief officer’s opinion, ought to be included in [F2a Level 2 disclosure], F3...
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The chief officer must, before providing that information to the Scottish Ministers, refer that information to the independent reviewer together with the following—
(a)in the case of information falling within paragraph (1)(a), information about the purpose [F4of the disclosure],
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)an explanation of why the chief officer considers the information ought to be included in the [F6Level 2 disclosure] F7..., and
(d)any other information the chief officer considers relevant to the exercise of the independent reviewer’s functions.
(3) If provision of the type mentioned in section 23(2)(a) of the 2019 Act is in force, the chief officer must refer the information that the chief officer has identified and considers ought to be included in [F8a Level 2 disclosure] F9... to the independent reviewer within the time period specified by virtue of that section.
[F10(4) In this article—
“the applicant” means the person whose application for a disclosure led to the request by the Scottish Ministers mentioned in paragraph (1)(a);
“the Disclosure Act” means the Disclosure (Scotland) Act 2020;
“Level 2 disclosure” has the meaning given in section 8 of the Disclosure Act;
“purpose of the disclosure” has the meaning given in section 69 of the Disclosure Act.]
Textual Amendments
F1Words in art. 5(1)(a) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 2(4)(a)(i)
F2Words in art. 5(1)(a) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 2(4)(a)(ii)
F3Art. 5(1)(b) and word omitted (1.4.2025) by virtue of The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 2 para. 7(3)(a)
F4Words in art. 5(2)(a) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 2(4)(b)(i)
F5Art. 5(2)(b) omitted (1.4.2025) by virtue of The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 2 para. 7(3)(b)(i)
F6Words in art. 5(2)(c) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 2(4)(b)(ii)
F7Words in art. 5(2)(c) omitted (1.4.2025) by virtue of The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 2 para. 7(3)(b)(ii)
F8Words in art. 5(3) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 2(4)(c)
F9Words in art. 5(3) omitted (1.4.2025) by virtue of The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 2 para. 7(3)(c)
F10Art. 5(4) inserted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 2(4)(d)
Commencement Information
I1Art. 5 in force at 17.12.2021, see art. 1(1)
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