The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (Consequential Modifications) Order 2022

• Citation: S.I. 2022/261
• Sections: 5

Section 1 Citation, commencement and extent

(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.

Section 2 Interpretation

In this Order, “the 2021 Act” means the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 .

Section 3 Application of section 2 of the 2021 Act to other police forces

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 Police .

Section 4 Operation of section 9 of the 2021 Act in relation to other police forces

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.

Section 5 Amendments to section 18 of the 2021 Act

(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 2012 (but see sections 2(12) and 9(4)),

(3) At the appropriate place insert—

“service police force” means—

the Royal Navy Police,

the Royal Military Police, or

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 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 .