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Last updated: 5 September 2024

WICS to PAC 31 July 2024

Festive greetings, Donald Appendix 2 – Extract of Legal advice F I L E E N T R Y 19 December Client Ref No.
Last updated: 25 June 2024

NCS Bill with side lined proposed amendments

P ART 3 R EFORMS CONNECTED TO DELIVERY AND REGULATION OF CARE Carers 38 Rights to breaks for carers (1) The Carers (Scotland) Act 2016 is modified by subsections (2) to (10). (2) After section 8(2) (adult carers: identification of outcomes and needs for support) insert— “(1) A responsible local authority must identify, as a personal outcome that is relevant to an adult carer, the outcome that the adult carer is able to take sufficient breaks from providing care for the cared-for person. (2) Where an adult carer is not able to take sufficient breaks from providing care for the cared-for person, a responsible local authority must identify the need for support to enable the adult carer to take sufficient breaks from providing that care.”. (3) In section 9(1) (content of adult carer support plan)— (a) after paragraph (h) insert— “(ha) if the adult carer’s identified needs include the need for support to enable the adult carer to take sufficient breaks from providing care by virtue of section 8(4), information about the support which the responsible local authority provides or intends to provide to the adult carer to meet that need,”, (b) in paragraph (j), after “criteria” insert “(except in the case of an identified need as mentioned in paragraph (ha))”, (c) paragraph (k) is repealed. (4) After section 14(2) (young carers: identification of outcomes and needs for support) insert— “(3) A responsible authority must identify, as a personal outcome that is relevant to a young carer, the outcome that the young carer is able to take sufficient breaks from providing care for the cared-for person. (4) Where a young carer is not able to take sufficient breaks from providing care for the cared-for person, a responsible authority must identify the need for support to enable the young carer to take sufficient breaks from providing that care.”. draft 2024-06-21 17 National Care Service (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care (5) In section 15(1) (content of young carer statement)— (a) after paragraph (i) insert— “(ia) if the young carer’s identified needs include the need for support to enable the young carer to take sufficient breaks from providing care by virtue of section 14(4), information about the support which the responsible local authority provides or intends to provide to the young carer to meet that need,”, (b) in paragraph (k), after “criteria” insert “(except in the case of an identified need as mentioned in paragraph (ia))”, (c) paragraph (l...
Last updated: 11 June 2024

Victims Witnesses and Justice Reform Scotland Bill at Stage 1

Before making regulations in relation to the register, the Bill 1 See Part 4 of Children (Scotland) Act 2020 - registers of child welfare reporters, curators ad litem and solicitors: consultation - gov.scot (www.gov.scot) 2 Registers of child welfare reporters, curators ad litem and solicitors appointed when an individual is prohibited from conducting their own case: consultation analysis - gov.scot (www.gov.scot) 12 l...
Last updated: 10 June 2024

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Applications for certain convictions to be treated as spent 32A Excluded sentences: applications for convictions to be treated as spent (1) The Scottish Ministers may make regulations for or in connection with the purpose 35 mentioned in subsection (2). (2) The purpose is allowing a person on whom a relevant sentence was imposed in respect of a conviction to apply (both)— (a) to be treated as a protected person in respect of the conviction for the purposes of the 1974 Act, and Management of Offenders (Scotland) Bill 25 Part 2—Disclosure of convictions (b) for the conviction to be treated as spent for the purposes of the 1974 Act. (3) A relevant sentence is— (a) a sentence mentioned in section 5(1)(b) or (da) of the 1974 Act, or (b) a sentence imposed by a court outwith Scotland which, by virtue of section 5 5(2F)(d) of the 1974 Act, falls to be treated as such a sentence. (4) The regulations must contain provision— (a) for— (i) an application to be made to a specified reviewer, and (ii) the application to be determined by the specified reviewer, 10 (b) excluding someone who is, for whatever reason, subject to notification requirements under Part 2 of the Sexual Offences Act 2003 from making an application, (c) preventing an application from being made until the expiry of the appropriate period, and 15 (d) setting, or for ascertaining, the relevant date. (5) In subsection (4)— (a) in paragraph (c), “the appropriate period” is— (i) in the case of an applicant who was 18 years of age or older on the date of the conviction to which the application relates, the term of the sentence 20 imposed in respect of the conviction plus 6 years, (ii) in the case of an applicant who was under 18 years of age on the date of the conviction to which the application relates, the term of the sentence imposed in respect of the conviction plus 3 years, (b) in paragraph (d), “the relevant date” is the date from which (both)— 25 (i) an applicant’s conviction is to be treated as spent, and (ii) the applicant is to be treated as a protected person. (6) In this section and section 32B, the references to— (a) a protected person, or (b) a conviction being treated as spent, 30 are to be construed in accordance with the 1974 Act. 32B Regulations under section 32A: general details (1) Regulations under section 32A may contain provision about (in particular)— (a) the process for applications, including as to— (i) the way of applying, 35 (ii) information to be supplied by applicants, (b) eligibility to make applications, including exceptions and exclusions, (c) fees payable in connection with applications, 26 Management of Offenders (Scotland) Bill Part 2—Disclosure of convictions (d) the functions of the specified reviewer concerning applications, including as to— (i) giving notifications, (ii) obtaining information, (e) the procedure for determining applications, including matters— 5 (i) to which the specified reviewer is to have regard, (ii) which the specified reviewer is to take particularly into account, (f) the types of determinations to be available in respect of applications, and the functions of the specified reviewer concerning determinations, (g) the issuing of, and making of requests for, reasons for determinations, 10 (h) notifications of determinations, (i) time limits in relation to— (i) notifications of applications and determinations, (ii) supplying information in connection with applications, (j) second or subsequent applications relating to the same conviction, including 15 setting a period that must expire before such applications may be made, (k) reconsideration, or consideration afresh, of determinations, (l...
Last updated: 10 June 2024

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Applications for certain convictions to be treated as spent 10 32A Excluded sentences: applications for convictions to be treated as spent (1) The Scottish Ministers may make regulations for or in connection with the purpose mentioned in subsection (2). (2) The purpose is allowing a person on whom a relevant sentence was imposed in respect of a conviction to apply (both)— 15 (a) to be treated as a protected person in respect of the conviction for the purposes of the 1974 Act, and (b) for the conviction to be treated as spent for the purposes of the 1974 Act. (3) A relevant sentence is— (a) a sentence mentioned in section 5(1)(b) or (da) of the 1974 Act, or 20 (b) a sentence imposed by a court outwith Scotland which, by virtue of section 5(2F)(d) of the 1974 Act, falls to be treated as such a sentence. (4) The regulations must contain provision— (a) for— (i) an application to be made to a specified reviewer, and 25 (ii) the application to be determined by the specified reviewer, (b) excluding someone who is, for whatever reason, subject to notification requirements under Part 2 of the Sexual Offences Act 2003 from making an application, (c) preventing an application from being made until the expiry of the appropriate 30 period, and (d) setting, or for ascertaining, the relevant date. (5) In subsection (4)— (a) in paragraph (c), “the appropriate period” is— (i) in the case of an applicant who was 18 years of age or older on the date of 35 the conviction to which the application relates, the term of the sentence imposed in respect of the conviction plus 6 years, (ii) in the case of an applicant who was under 18 years of age on the date of the conviction to which the application relates, the term of the sentence imposed in respect of the conviction plus 3 years, 40 (b) in paragraph (d), “the relevant date” is the date from which (both)— (i) an applicant’s conviction is to be treated as spent, and 26 Management of Offenders (Scotland) Bill Part 2—Disclosure of convictions (ii) the applicant is to be treated as a protected person. (6) In this section and section 32B, the references to— (a) a protected person, or (b) a conviction being treated as spent, 5 are to be construed in accordance with the 1974 Act. 32B Regulations under section 32A: general details (1) Regulations under section 32A may contain provision about (in particular)— (a) the process for applications, including as to— (i) the way of applying, 10 (ii) information to be supplied by applicants, (b) eligibility to make applications, including exceptions and exclusions, (c) fees payable in connection with applications, (d) the functions of the specified reviewer concerning applications, including as to— (i) giving notifications, 15 (ii) obtaining information, (e) the procedure for determining applications, including matters— (i) to which the specified reviewer is to have regard, (ii) which the specified reviewer is to take particularly into account, (f) the types of determinations to be available in respect of applications, and the 20 functions of the specified reviewer concerning determinations, (g) the issuing of, and making of requests for, reasons for determinations, (h) notifications of determinations, (i) time limits in relation to— (i) notifications of applications and determinations, 25 (ii) supplying information in connection with applications, (j) second or subsequent applications relating to the same conviction, including setting a period that must expire before such applications may be made, (k) reconsideration, or consideration afresh, of determinations, (l...
Last updated: 25 April 2024

SPBill22BS062024

(Scotland) Act 2016 is 15 amended as follows. (2) In section 2 (mandatory inquiries), in subsection (7), in the definition of “penal institution”, paragraph (b) is repealed. P ART 4A L OCAL AUTHORITY DUTIES IN RELATION TO DETAINED CHILDREN 20 Social Work (Scotland) Act 1968 19A (1) The Social Work (Scotland) Act 1968 is amended as follows. (2) In section 5 ...
Last updated: 17 April 2024

VWJR Bill Scottish Government Response to Stage 1 Report 16 April 2024

Before making regulations in relation to the register, the Bill 1 See Part 4 of Children (Scotland) Act 2020 - registers of child welfare reporters, curators ad litem and solicitors: consultation - gov.scot (www.gov.scot) 2 Registers of child welfare reporters, curators ad litem and solicitors appointed when an individual is prohibited from conducting their own case: consultation analysis - gov.scot (www.gov.scot) 12 l...
Last updated: 18 September 2023

Law Tracker EU

In Scotland, however, the government indicated that “where appropriate” Scots Law would “keep up with future developments in EU law” either through new legislative 1 See The Scottish Parliament (2023) ‘EU Law Tracker’ parliament.scot Available: https://www.parliament.scot/chamber-and- committees/committees/current-and-previous-committees/session-6-constitution-europe-external-affairs-and-culture-committee/business- items/eu-law-tracker (Accessed 14 June 2023) 2 Whitten, L...
Last updated: 18 September 2023

Law Tracker

In Scotland, however, the government indicated that “where appropriate” Scots Law would “keep up with future developments in EU law” either through new legislative 1 See The Scottish Parliament (2023) ‘EU Law Tracker’ parliament.scot Available: https://www.parliament.scot/chamber-and- committees/committees/current-and-previous-committees/session-6-constitution-europe-external-affairs-and-culture-committee/business- items/eu-law-tracker (Accessed 14 June 2023) 2 Whitten, L...
Last updated: 18 September 2023

Law Tracker

In Scotland, however, the government indicated that “where appropriate” Scots Law would “keep up with future developments in EU law” either through new legislative 1 See The Scottish Parliament (2023) ‘EU Law Tracker’ parliament.scot Available: https://www.parliament.scot/chamber-and- committees/committees/current-and-previous-committees/session-6-constitution-europe-external-affairs-and-culture-committee/business- items/eu-law-tracker (Accessed 14 June 2023) 2 Whitten, L...

Can't find what you're looking for?

If you're having trouble finding the information you want, please contact [email protected].