ART 2 P THER ENACTMENTS O 25 Patient Rights (Scotland) Act 2011 3 (1) The Patient Rights (Scotland) Act 2011 is amended as follows. (2) In section 3 (patient rights)— (a) in subsection (2)(c), after “wellbeing” insert “(including, where the health care being provided includes a service mentioned in section 1 of the 2020 Act, 30 decisions mentioned in subsection (3A))”, (b) after subsection (3), insert— “(3A) The decisions referred to in subsection (2)(c) are— (a) a decision about whether to undergo a forensic medical examination (and whether any such examination should take place without the incident in 35 connection with which the examination would be carried out having been reported to a constable), Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill 9 Schedule—Minor and consequential modifications Part 2—Other enactments (b) a decision about whether to make a request under section 8(1)(a) of the 2020 Act.”. (3) In section 18 (patient advice and support service), after subsection (6), insert— “(7) In this section and section 19, references to the health service include reference 5 to the services provided under section 1 of the 2020 Act.”. (4) In section 23(1) (interpretation)— (a) after the definition of “the 1978 Act”, insert— ““the 2020 Act” means the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2020;”, 10 (b) in the definition of “health care”, after “health service” insert “or under section 1 of the 2020 Act”, (c) in the definition of “health service function”— (i) the words from “any” to the end become paragraph (a), (ii) after that paragraph, insert— 15 “(b) the functions conferred by section 1 of the 2020 Act;”, (d) after the definition of “health service function”, insert— ““patient” includes (except in sections 8 to 13) a person in relation to whom a Health Board is exercising the functions conferred by section 1 of the 2020 Act;”. 20 (5) In the schedule (health care principles)— (a) in paragraph 7— (i) the existing words become sub-paragraph (1), (ii) after that sub-paragraph, insert— “(2) Sub-paragraph (1) does not apply in relation to the exercise of functions 25 conferred by section 1 of the 2020 Act.”, (b) after paragraph 7, insert— “7A(1) Regard is had to the importance of providing health care in a way that is trauma-informed. (2) Sub-paragraph (1) applies only in relation to the exercise of functions 30 conferred by section 1 of the 2020 Act.”, (c) in paragraph 12, after “wellbeing” insert “(including, where the health care being provided includes a service mentioned in section 1 of the 2020 Act, decisions mentioned in section 3(3A))”, (d) in paragraph 15, after “wellbeing” insert “or, where the health care being provided 35 includes a service mentioned in section 1 of the 2020 Act, about matters relevant to the provision of that service”.