Age of Criminal Responsibility (Scotland) Act 2019

8 Disapplication of sections 6 and 7

(1) Subsection (2) applies where a referral is made to the independent reviewer for a determination under section 18 as to whether information with respect to relevant behaviour ought to be included in—

(a) an enhanced criminal record certificate under section 113B of the Police Act 1997 (the “1997 Act”), or

(b) a scheme record under section 52 of the Protection of Vulnerable Groups (Scotland) Act 2007 (the “2007 Act”).

(2) Sections 6 and 7(1) and (2) do not apply—

(a) for the purpose of the referral (including any appeal under section 20), and

(b) in relation to the relevant behaviour which is the subject of the referral.

(3) Subsection (4) applies where—

(a) the independent reviewer has determined, on a review under section 18, that information with respect to relevant behaviour ought to be included in an enhanced criminal record certificate or, as the case may be, a scheme record, and

(b) such information is so included.

(4) Sections 6 and 7 do not apply—

(a) in relation to the purpose for which the certificate or, as the case may be, scheme record is provided, and

(b) in relation to the relevant behaviour with respect to which information is included in the certificate or record.

(5) In subsection (4)(a)—

(a) the purpose for which an enhanced criminal record certificate is provided means the prescribed purpose mentioned in section 113B(2) of the 1997 Act, and

(b) the purpose for which a scheme record is provided means the purpose mentioned in disclosure condition C in section 55 of the 2007 Act.

(6) Subsection (7) applies where information with respect to relevant behaviour is included in a certificate or, as the case may be, scheme record as mentioned in subsection (3)(b).

(7) Subject to subsections (1) and (2), the application of sections 6 and 7 is not excluded in relation to that relevant behaviour, or any circumstances ancillary to it, during the period before the certificate or record was provided.