(1)Subsection (2) applies where a person is, or is to be, referred to a health board for a forensic medical examination as mentioned in section 2(2)(a)(i) of the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021.
(2)The chief constable of the Police Service of Scotland must ensure that, in addition to a constable informing the person of the matters mentioned in sections 3C(1) and 3D(1), a constable informs the person that—
(a)the person may request from the health board—
(i)a copy of the Victims' Code for Scotland, and
(ii)information relating to the rights of victims,
(b)the person may request the health board to refer the person to providers of victim support services, and
(c)the person may contact providers of victim support services directly without being referred as mentioned in paragraph (b).
(3)In this section—
“health board” means a board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,
“victim support services” has the meaning given by section 3D(5).]
Textual Amendments
F1S. 8A inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(2) (with s. 3); S.S.I. 2022/24, reg. 2
[F2(1)This section applies where a forensic medical examination is to be carried out by virtue of section 2 of the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021.]
(2)Before a medical examination of the person F3... is carried out by a registered medical practitioner [F4, the person must be given] an opportunity to request that any such medical examination be carried out by a registered medical practitioner of a [F5sex] specified by the person.
(3)If the person makes such a request, F6... the registered medical practitioner who is to (or, but for the request, would) carry out the examination is [F7to be] informed of the nature of the request.
(4)In this section, references to a registered medical practitioner include references to a person of such other description as the Scottish Ministers may by order prescribe.
(5)An order under subsection (4) is subject to the negative procedure.
Textual Amendments
F2S. 9(1) substituted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(3)(a) (with s. 3); S.S.I. 2022/24, reg. 2
F3Words in s. 9(2) repealed (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(3)(b)(i) (with s. 3); S.S.I. 2022/24, reg. 2
F4Words in s. 9(2) substituted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(3)(b)(ii) (with s. 3); S.S.I. 2022/24, reg. 2
F5Word in s. 9(2) substituted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(3)(b)(iii) (with s. 3); S.S.I. 2022/24, reg. 2
F6Words in s. 9(3) repealed (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(3)(c)(i) (with s. 3); S.S.I. 2022/24, reg. 2
F7Words in s. 9(3) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(3)(c)(ii) (with s. 3); S.S.I. 2022/24, reg. 2
Commencement Information
I1S. 9 in force at 1.4.2022 by S.S.I. 2022/22, art. 2