PART 4 SPOLICE INVESTIGATORY AND OTHER POWERS

Modifications etc. (not altering text)

C1 Pt. 4 applied (with modifications) (17.12.2021) by 2004 c. 20, s. 56B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 19)

C2 Pt. 4 applied (with modifications) (17.12.2021) by 1987 c. 4, s. 2E (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 17)

C3 Pt. 4 applied (with modifications) (17.12.2021) by 2003 c. 20, s. 31B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 18)

CHAPTER 4 STAKING OF PRINTS AND SAMPLES FROM CERTAIN CHILDREN

Order authorising taking of prints and samples S

65 Taking of intimate samples S

(1) This section applies where an order under section 63 authorises the taking of intimate samples from a child.

(2) An intimate sample may be taken from the child—

(a) where the sample is a dental impression, only by a registered dentist,

(b) in any other case, only by a—

(i) registered medical practitioner,

(ii) registered health care professional, or

(iii) another type of individual of a type prescribed (by reference to skills, qualifications, experience or otherwise) by the Scottish Ministers by regulations.

(3) In this section—

• “registered dentist” has the meaning given by section 53(1) of the Dentists Act 1984,

• “registered health care professional” means—

  (a)

  a registered nurse, or

  (b)

  a registered member of a health care profession designated for the purposes of this section by the Scottish Ministers by regulations.

Commencement Information

I1 S. 65(1)(2)(a)(b)(i)(ii) in force at 17.12.2021 by S.S.I. 2021/449, reg. 2

I2 S. 65(2)(b)(iii)(3) in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.