PART 5CRIMINAL JUSTICE

Medical services in prisons

I1110Medical services in prisons

1

For section 3A of the Prisons (Scotland) Act 1989 (c.45) (medical services in prisons) substitute—

3AMedical officers for prisons

1

The Scottish Ministers must designate one or more medical officers for each prison.

2

A person may be designated as a medical officer for a prison only if the person is a registered medical practitioner performing primary medical services for prisoners at the prison under the National Health Service (Scotland) Act 1978 (c.29).

3

A medical officer has the functions that are conferred on a medical officer for a prison by or under this Act or any other enactment.

4

A medical officer is not an officer of the prison for the purposes of this Act.

5

Rules under section 39 of this Act may provide for the governor of a prison to authorise the carrying out by officers of the prison of a search of any person who is in, or is seeking to enter, the prison for the purpose of providing medical services for any prisoner at the prison.

6

Nothing in rules made by virtue of subsection (5) allows the governor to authorise an officer of a prison to require a person to remove any of the person's clothing other than an outer coat, jacket, headgear, gloves and footwear.

2

In section 41D of that Act (unlawful disclosure of information by medical officers), for subsection (1) substitute—

1

This section applies to—

a

a medical officer for a prison, and

b

any person acting under the supervision of such a medical officer.

3

In section 107 of the Criminal Justice and Public Order Act 1994 (c.33) (officers of contracted out prisons), for subsections (6) to (8) substitute—

6

The director must designate one or more medical officers for the prison.

7

A person may be designated as a medical officer for the prison only if the person is a registered medical practitioner performing primary medical services for prisoners at the prison under the National Health Service (Scotland) Act 1978 (c.29).

4

In section 110 of that Act (consequential modifications of the 1989 Act etc.)—

a

in each of subsections (3) and (4), for “3A(6)” substitute “ 3A(5) and (6) ”,

b

subsection (4A) is repealed, and

c

in subsection (6), for “3A(1) to (5) (medical services)” substitute “ 3A(1) and (2) (medical officers) ”.

5

In section 111(3) of that Act (intervention by the Scottish Ministers), in paragraph (c), after “prison” insert “ and the medical officer or officers for the prison ”.