Commentary on provisions of the Act Section 58: Age assessments: power to make provision about refusal to consent to scientific methods
Subsection (1) introduces a power to make regulations (subject to the negative resolution procedure) about the effect of a relevant person (that is, a person who meets the conditions in section 2 of the Act (see subsection (3)) refusing to consent to the use of specified scientific methods for the purposes of an age assessment, where they do not have reasonable grounds to withhold consent.
	Subsection (2) sets out examples of what may be included in the regulations.
Subsection (2)(a) provides that the regulations could disapply section 52(7) of the 2022 Act so that refusal to consent to scientific methods by a relevant person would not be taken to damage credibility;
Subsection (2)(b) sets out that the regulations may provide for an automatic assumption that a person is to be treated as if the decision maker has decided that the person is an adult if they refuse to consent to a scientific age assessment without reasonable grounds to do so. The Secretary of State will not make regulations to this effect unless and until satisfied that the scientific methods in question are sufficiently accurate to mean that applying the automatic assumption in cases of refusal to consent will be compatible with the ECHR (in particular Article 8 (right to private and family life)).
	Subsection (3) defines terms used in this section.
	Subsection (4) amends Part 4 of the 2022 Act (age assessments):
Subsection (4)(a) amends section 52(7), which provides for a negative credibility inference to be drawn by a decision maker when determining age if a person refuses to the use of specified scientific methods, to refer to this section;
Subsection (4)(b) amends section 53 (regulations about age assessments) to provide that the regulation-making power about age assessments under section 50 or 51 of the 2022 Act may make provision for the circumstances in which a person may be considered to have reasonable grounds for a decision not to consent.