Commentary on Sections Medical examinations Section 9 - Certain medical examinations: gender of medical examiner
30.This section places a duty on police officers, under subsection (2), to make victims or alleged victims of an offence listed in paragraphs 36 to 59ZL of Schedule 3 to the Sexual Offences Act 2003, who report that offence to the police, aware that they can request that any forensic medical examination be carried out by a doctor of a gender specified by the person. Subsection (3) places a duty on the police officer in question to ensure that the doctor who is to carry out the examination (or the doctor who would carry out the examination but for the request) is informed of any such request made.
31.Subsection (4) allows the Scottish Ministers, by order, to prescribe other persons to be included in the reference to “registered medical practitioner” in subsections (2) and (3).