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The Victims’ Rights (Prescribed Bodies) (Scotland) Order 2010

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Scottish Statutory Instruments

2010 No. 165

Criminal Law

The Victims’ Rights (Prescribed Bodies) (Scotland) Order 2010

Made

27th April 2010

Laid before the Scottish Parliament

28th April 2010

Coming into force

20th May 2010

The Scottish Ministers make the following Order in exercise of the powers conferred by section 18(1) of the Criminal Justice (Scotland) Act 2003(1) and all other powers enabling them to do so.

Citation, commencement and revocation

1.—(1) This Order may be cited as the Victims’ Rights (Prescribed Bodies) (Scotland) Order 2010 and comes into force on 20th May 2010.

(2) The Victims’ Rights (Prescribed Bodies) (Scotland) Order 2003(2) is revoked.

Prescribed bodies

2.  The following bodies are prescribed for the purposes of section 18(1) of the Criminal Justice (Scotland) Act 2003—

(a)Rape Crisis Scotland;

(b)Victim Support Scotland.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

27th April 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order prescribes Rape Crisis Scotland and Victim Support Scotland as bodies which appear to the Scottish Ministers to provide counselling or other support to those persons who have been victims of crime for the purposes of section 18(1) of the Criminal Justice (Scotland) Act 2003 (“the Act”).

Where it appears to a constable that an offence has been perpetrated against a natural person, the constable may, with the person’s consent, disclose to Rape Crisis Scotland and Victim Support Scotland the information set out in section 18(1) of the Act.

Article 1(2) revokes the Victims’ Rights (Prescribed Bodies) (Scotland) Order 2003 which prescribed Victim Support Scotland as a body for the purposes of section 18(1) of the Act.

(1)

2003 asp 7. See section 87(1) for the definition of “prescribed”.

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