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SSI 2021/452

Letter from the Minister for Parliamentary Business to the Convener, 19 January 2022

Dear Stuart,

Thank you for your letter of 23 December, in which you informed me of the Delegated Powers and Law Reform Committee’s consideration of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc Rules 1999 and Sheriff Appeal Court Rules Amendment) (Age of Criminal Responsibility (Scotland) Act 2019) 2021 (SSI 2021/452). 

In your letter, you expressed the Committee’s interest in whether there was any correspondence between the Scottish Government and the Lord President’s Private Office which provided advance notice that the relevant provisions of the 2019 Act were coming into force on 17 December 2021. 

Scottish Government officials had been in regular contact with the Scottish Civil Justice Council (SCJC) secretariat since autumn 2019, in which they asked for the Council’s agreement to develop court rules to support implementation of the Age of Criminal Responsibility (Scotland) Act 2019 (“the Act”). Officials remained in regular contact with the SCJC secretariat with discussion based on an expected commencement date of autumn 2021and in line with public statements by Scottish Ministers. 

Once the Scottish Ministers had agreed a specific date for commencement in early November, this was relayed to key operational stakeholders as quickly as possible, including the SCJC secretariat and the Scottish Courts and Tribunals Services (SCTS). Although the Lord President’s Private Office (LPPO) was not spoken to directly by Scottish Government officials, our understanding is that the date for commencement was shared with LPPO at the earliest opportunity by SCJC / SCTS.

The Scottish Government also ensured that Parliament was advised of the commencement date for the Act as soon as possible. This was achieved via a Government Initiated Question answered on 18 November, the details of which are available on the Scottish Parliament website at Written question and answer: S6W-04458.

I trust you will find this information helpful.

George Adam