Explanatory note

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 offences. It also makes provision about constables making referrals to a health board for a forensic medical examination of a victim of certain sexual offences, and for constables to request evidence from an examination.

This Order makes provision so that constables of the Ministry of Defence Police, constables of the British Transport Police, and members of the Royal Navy Police, Royal Air Force Police and Royal Military Police can make a referral to health boards and request evidence.

Article 3 of the Order extends the application of section 2 of the 2021 Act to include a member of the Royal Navy Police, Royal Military Police and Royal Air Force Police (“members of a service police force”), or a constable of the British Transport Police or Ministry of Defence Police. This allows members of these police forces to refer a victim of a sexual offence to a health board for a forensic medical examination.

Article 4 alters the operation of section 9 of the 2021 Act, so that members of a service police force can request evidence obtained in a forensic medical examination. It is considered that section 9 of the 2021 Act provides a new police power to constables of Police Scotland to request the evidence obtained in a forensic medical examination. Since constables of the British Transport Police and Ministry of Defence Police already have the powers and privileges of constables of Police Scotland under section 31 of the Railways and Transport Safety Act 2003 (c. 20) and section 2 of the Ministry of Defence Police Act 1987 (c. 4), there is no need to insert references to them in section 9. However, the reference to the transfer of evidence to Ministry of Defence Police and British Transport Police constables confirms on the face of the 2021 Act that constables of these police forces can request evidence from a forensic medical examination and that health boards are obliged to comply with such a request by constables of these police forces in the same way they are required to do so if the request was made by constables of Police Scotland.

The Order also ensures that members of the relevant police forces come within the references to constables in other sections of the 2021 Act, these being sections 6, 7 and 8, as these references either refer directly to processes under sections 2 or 9 or are clearly ancillary to these processes.

Article 5 makes amendments to section 18 of the 2021 Act to reflect the differences in procedure and terminology used in relation to service police forces and proceedings, from that used in the civilian criminal justice system in Scotland, to ensure that the Act works in all of these circumstances.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.