PART 5

CRIMINAL JUSTICE

Medical services in prisons

Medical services in prisons
110
1
For section 3A of the Prisons (Scotland) Act 1989 (c.45) (medical services in prisons) substitute—

Medical officers for prisons
3A
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subsection (4A) is repealed, and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”.