SCHEDULE 2A 10 (introduced by sections 29AA and 29AD) 1 V ICTIM N OTIFICATION S CHEME P ART 1 R IGHT OF ELIGIBLE PERSONS TO RECEIVE INFORMATION IN EVENT OF DEATH OR INCAPACITY OF VICTIM 15 1 (1) The Criminal Justice (Scotland) Act 2003 is amended as follows. (2) In section 16 (victim’s right to receive information concerning release etc. of offender)— (a) in subsection (1), after “perpetrated” insert “(the “victim”)”, (b) for subsection (5), substitute— “(5) Where information would fall to be given under subsection (1), but the 20 victim has died or is incapable, that subsection applies as if references in it to the victim were references to the designated person or designated persons.”, (c) after subsection (5) insert— “(5A) For the purposes of subsection (5), a designated person means a person 25 designated by the Scottish Ministers to be given the information in place of the victim in accordance with subsections (5B) to (5E). (5B) The Scottish Ministers— (a) may designate, as they consider appropriate— (i) where the victim has died, at least one person and not more 30 than 4 persons as designated persons, (ii) where the victim is incapable, one person as designated person, (b) must, where a person intimates that they wish to be a designated may be person (and the maximum number of persons who 35 designated in accordance with paragraph (a) has not been reached), consider whether to designate that person. 98 Victims, Witnesses, and Justice Reform (Scotland) Bill Schedule 2a—Victim Notification Scheme Part 1—Right of eligible persons to receive information in event of death or incapacity of victim (5C) Where the victim has died, the Scottish Ministers may— (a) if they consider it appropriate to do so— (i) remove a person as a designated person, (ii) add a person as a designated person (provided such addition 5 does not result in there being more than 4 designated persons, subject to paragraph (b)), (b) on cause shown, add a person as a designated person where that addition results in there being 5 designated persons. (5D) Where the victim is incapable, the Scottish Ministers may, if they 10 consider it appropriate to do so, remove or replace a person as designated 1 person. (5E) The Scottish Ministers must have regard to the code...