EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring sections 3 and 27 of the Age of Criminal Responsibility (Scotland) Act 2019 (“the Act”) into force on 29 November 2019. They also make transitory provision in relation to section 3 of the Act.

Regulation 2 appoints 29 November 2019 as the day appointed for the coming into force of sections 3 (no referral of child under 12 to children’s hearing on offence ground) and 27 (provision of information to persons affected by child’s behaviour) of the Act.

Regulation 3 makes a transitory provision in relation to the application of section 3 of the Act in respect of referrals to a children’s hearing. That provision has effect until section 1 of the Act is commenced and prohibits referrals to a children’s hearing on the grounds of commission of an offence where the child was under 12 years of age when the offence was committed.

The Bill for the Act received Royal Assent on 11 June 2019. Sections 84 and 85 of the Act came into force on the following day.