The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (Consequential Modifications) Order 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/261 |
| Year | 2022 |
UNITED KINGDOM STATUTORY INSTRUMENT
2022 No. 261 (S. 1)
Constitutional Law
Devolution, Scotland
Criminal Procedure
The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (Consequential Modifications) Order 2022
Made 9th March 2022
Laid before Parliament 10th March 2022
Coming into force 1st April 2022
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(5) of the Scotland Act 19981.
Citation, commencement and extent
1.—(1) This Order may be cited as the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (Consequential Modifications) Order 2022 and comes into force on 1st April 2022.
(2) This Order extends to Scotland only.
Interpretation
2. In this Order, “the 2021 Act” means the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 20212.
Application of section 2 of the 2021 Act to other police forces
3. In section 2 of the 2021 Act (the examination service), after subsection (11) insert—
“
12 In this section a reference to a constable includes a reference to—
(a) a member of a service police force;
(b) a constable of the Ministry of Defence Police;
(c) a constable of the British Transport Police3.
”
Operation of section 9 of the 2021 Act in relation to other police forces
4. In section 9 of the 2021 Act (transfer of evidence to police), after subsection (3) insert—
“
4 In this section a reference to a constable includes a reference to a member of a service police force.
5 Where a constable of the British Transport Police or the Ministry of Defence Police has made a request under subsection (2), the health board must comply with the request as soon as reasonably practicable.
Amendments to section 18 of the 2021 Act
5.—(1) Section 18 of the 2021 Act (interpretation) is amended as follows.
(2) For the entry for “constable” substitute—
“
“constable” has the same meaning as in section 99(1) of the Police and Fire Reform (Scotland) Act 20124(but see sections 2(12) and 9(4)),
(3) At the appropriate place insert—
“
“service police force” means—
(a) the Royal Navy Police,
(b) the Royal Military Police, or
(c) the Royal Air Force Police,
(4) After subsection (4), insert—
“
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 105, 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 20066.
”
Alister Jack
Secretary of State
Office of the Secretary of State for Scotland
Dover House
London
9th March 2022
EXPLANATORY NOTE
(This note is not part of the Order)
This Order makes provision consequential on the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (“the 2021 Act”). The Act confers on health boards functions relating to the provision of forensic medical services to victims of sexual...
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