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

18 Interpretation

(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,

• “constable” has the same meaning as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012,

• “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,

• “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.