OpenLegislation

Section 65 Taking of intimate samplesC1C2C3

I1(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

I2(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—

    1. (a)

      a registered nurse, or

    2. (b)

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

Annotations

Modifications

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)

Commencement

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.