Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021

18 Interpretation S

(1) In this Act—

• “1978 Act” means the National Health Service (Scotland) Act 1978,

• “the Agency” means the Common Services Agency for the Scottish Health Service,

• [F1 “constable” has the same meaning as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012 (but see sections 2(12) and 9(4)),]

• “forensic medical examination” has the meaning given by section 2(3),

• “health board” means a board constituted under section 2(1)(a) of the 1978 Act,

• “HIS” means Healthcare Improvement Scotland,

• “investigation” means—

  (a)

  a criminal investigation, or

  (b)

  a police investigation of behaviour by a child under the age of criminal responsibility,

• “proceedings” means—

  (a)

  criminal proceedings, or

  (b)

  proceedings under the Children's Hearings (Scotland) Act 2011,

• [F2 “service police force” means—

  (a)

  the Royal Navy Police,

  (b)

  the Royal Military Police, or

  (c)

  the Royal Air Force Police,]

• “special health board” means a board constituted under section 2(1)(b) of the 1978 Act.

(2) References in this Act to the need for a forensic medical examination include, where the person referred for or, as the case may be, requesting the examination does not proceed to undergo such an examination, reference to the need for the referral or, as the case may be, request for such an examination.

(3) Subsection (4) applies where, by virtue of section 17(3), something is to be regarded as having been collected or created during or in connection with a forensic medical examination despite the person who was referred for or requested the examination not proceeding to undergo such an examination.

(4) Sections 6, 7, 8 and 9 are to be read as if a forensic medical examination has been carried out, and references to the person undergoing the examination are to be construed accordingly.

[F3 (5) In this Act a reference to a sexual offence includes a service offence which involves—

(a) an element of physical, sexual contact, or

(b) the ejaculation of semen, or the emission of urine or saliva sexually, onto a person.

(6) In subsection (1)—

(a) in the definition of “investigation”—

(i) the reference to a “criminal investigation” includes an investigation by a service police force of an allegation which indicates, or circumstances which indicate, that a service offence has or may have been committed, and

(ii) the reference to a “police investigation” includes a reference to an investigation by a service police force of behaviour by a child under the age of 10, and

(b) in the definition of “proceedings”, the reference to “criminal proceedings” includes proceedings in respect of a service offence before—

(i) the Court Martial,

(ii) the Service Civilian Court,

(iii) the Court Martial Appeal Court, or

(iv) the Supreme Court on an appeal brought from the Court Martial Appeal Court.

(7) In subsections (5) and (6) “service offence” has the meaning given by section 50(2) of the Armed Forces Act 2006.]

Textual Amendments

F1 Words in s. 18 substituted (1.4.2022) by The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (Consequential Modifications) Order 2022 (S.I. 2022/261), arts. 1(1), 5(2)

F2 Words in s. 18 inserted (1.4.2022) by The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (Consequential Modifications) Order 2022 (S.I. 2022/261), arts. 1(1), 5(3)

F3 S. 18(5)-(7) inserted (1.4.2022) by The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (Consequential Modifications) Order 2022 (S.I. 2022/261), arts. 1(1), 5(4)