Office of Public Sector Information
(1) This section applies where—
(a) a health board proposes to take any action mentioned in section 32(a) to (c); or
(b) a health board competent person proposes to take any action mentioned in section 32(d) or (e).
(2) An action referred to in subsection (1) is, in this section, a “relevant action”.
(3) The appropriate health board must, in so far as it is reasonably practicable to do so, explain to the person in relation to whom the relevant action is proposed—
(a) that there is a significant risk to public health;
(b) the nature of that risk; and
(c) why the board considers it necessary for the proposed action to be taken in relation to the person.
(4) Where, before the proposed relevant action is taken, no explanation is given under subsection (3), the health board must, as soon as reasonably practicable after taking the proposed action and in so far as it is reasonably practicable to do so, explain—
(a) the matters mentioned in subsection (3)(a) and (b); and
(b) why the board considered it necessary to take the action,
to the person in relation to whom the action was taken.
(5) Where the person is incapable of understanding the explanation (whether because of youth, illness or otherwise), the board must, before taking the proposed action or as soon as reasonably practicable after doing so and, in either case, in so far as it is reasonably practicable to do so, give the explanation required by subsection (3) or, as the case may be, (4)—
(a) where the person is under 16, to any person having parental responsibilities and parental rights in relation to the person;
(b) in any other case, to—
(i) any guardian of the person;
(ii) any welfare attorney of the person; or
(iii) any other person appointed or having authority to intervene in the affairs of the person.
(6) In this section—
“appropriate health board” means—
in the case of a relevant action referred to in subsection (1)(a), the health board which proposes to take that action;
in the case of a relevant action referred to in subsection (1)(b), the health board which designated the competent person who proposes to take that action;
“guardian”—
means a guardian who has powers relating to the proposed intervention in the person’s affairs; and
includes a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, a person during that person’s incapacity, if the guardianship is recognised in Scotland;
“parental responsibilities and parental rights” has the same meaning as in the Children (Scotland) Act 1995 (c. 36); and
“welfare attorney” has the meaning given by section 16(2) of the Adults with Incapacity (Scotland) Act 2000 (asp 4).
The actions referred to in section 31(1) are—
(a) applying under section 33(2) for an order under section 34(1);
(b) applying under section 39(2) for an order under section 40(1);
(c) applying under section 41(2) or, as the case may be, 44(3) for an order under—
(i) section 42(1);
(ii) section 43(1); or
(iii) section 45(1);
(d) making an order under section 37(2);
(e) making an order under section 38(2).
(1) This section applies where—
(a) a health board knows or suspects that a person who is present in that board’s area—
(i) has an infectious disease;
(ii) has been exposed to an organism which causes such a disease;
(iii) is contaminated; or
(iv) has been exposed to a contaminant; and
(b) it appears to the board that as a result—
(i) there is or may be a significant risk to public health; and
(ii) it is necessary, to avoid or minimise that risk, for the person to be medically examined.
(2) The board may apply to any sheriff for the board’s area for an order under section 34(1) in relation to the person.
(3) An application under subsection (2) must—
(a) specify—
(i) the person in relation to whom the order is sought;
(ii) the reason why the board considers it necessary for the person to be medically examined;
(iii) the class or classes of health care professional by whom it is proposed that the examination is to be carried out;
(iv) the nature of the examination the board proposes be carried out;
(v) whether an explanation has been given under section 31(3) or (5);
(vi) where such an explanation has been given, any response made by or representations made on behalf of the person in relation to whom the order is sought;
(vii) where no such explanation has been given, the reason why; and
(b) include a certificate—
(i) stating that a health board competent person is satisfied as to the matters mentioned in subsection (1); and
(ii) signed by the competent person.
(4) In this Part, “health care professional” means—
(a) a registered medical practitioner;
(b) a registered nurse; or
(c) any other member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).
(1) The sheriff may, if satisfied as to the matters mentioned in subsection (2), make an order authorising the medical examination of the person to whom the application under section 33(2) relates.
(2) The matters referred to in subsection (1) are—
(a) that it is known, or there are reasonable grounds to suspect, that the person—
(i) has an infectious disease;
(ii) has been exposed to an organism which causes such a disease;
(iii) is contaminated; or
(iv) has been exposed to a contaminant;
(b) that as a result—
(i) there is or may be a significant risk to public health; and
(ii) it is necessary, to avoid or minimise that risk, for the person to be medically examined; and
(c) that—
(i) before the application under section 33(2) was made, the health board gave an explanation under section 31(3) or (5); or
(ii) where no such explanation was given, it was not reasonably practicable to do so.
(3) An order under subsection (1) may make provision about such other matters in connection with the examination as the sheriff considers appropriate.
(4) Subject to subsection (5), an order under subsection (1) has effect from the time at which it is made until—
(a) the expiry of the period of 7 days beginning with that time; or
(b) the carrying out of a medical examination authorised by the order,
whichever occurs first.
(5) Where, before the medical examination is carried out, an appeal under section 60(1) is made—
(a) the order appealed against is suspended; and
(b) in calculating the period of 7 days mentioned in subsection (4)(a), no account is to be taken of the period during which the order is suspended.
(6) An order under subsection (1) must—
(a) specify—
(i) the person to whom it applies; and
(ii) the class or classes of health care professional by whom the medical examination is to be carried out; and
(b) be notified to—
(i) the person to whom it applies;
(ii) any person to whom an explanation was given under section 31(5); and
(iii) any other person the sheriff considers appropriate.
(1) A health care professional authorised by virtue of an order under section 34(1) to medically examine a person—
(a) must not use invasive or intrusive procedures unless that professional considers such procedures are necessary to achieve the purpose for which the examination is being carried out; and
(b) must, where the professional considers such procedures are necessary for that purpose, use the least invasive and least intrusive procedures practicable.
(2) In this section, “invasive procedures” do not include—
(a) examination of the ear, nose or mouth;
(b) temperature assessment using—
(i) an ear, oral or cutaneous thermometer; or
(ii) thermal imaging;
(c) physical examination of skin and hair;
(d) auscultation;
(e) external palpation;
(f) retinoscopy;
(g) external collection of urine, faeces or saliva samples;
(h) external measurement of blood pressure;
(i) electrocardiography.
(1) Where—
(a) a person in relation to whom a health board is satisfied as to the matters mentioned in section 33(1) is one of a group of two or more persons; and
(b) the board is satisfied that it is necessary, to avoid or minimise a significant risk to public health, for each member of the group to be medically examined,
the board may apply under section 33(2) for an order in relation to all of the persons in that group.
(2) Where subsection (1) applies—
(a) sections 31(3) to (5) and 33(3) apply in relation to the persons in the group as they apply in relation to a person;
(b) the certificate mentioned in section 33(3)(b) must state, in addition to the matters mentioned in section 33(3)(b)(i), that the competent person is satisfied that it is necessary, to avoid or minimise an actual or anticipated significant risk to public health, for all the persons in the group to be medically examined;
(c) the sheriff may, if satisfied—
(i) as to the matters mentioned in section 34(2)(a) and (b) in relation to at least one member of the group; and
(ii) as to the matter mentioned in section 34(2)(c) in relation to each member of the group,
make an order under section 34(1) in relation to each member of the group; and
(d) section 34(6) applies in relation to the persons in the group as it applies to a person.
(1) This section applies where—
(a) a health board knows that a person who is present in that board’s area—
(i) has an infectious disease;
(ii) has been exposed to an organism which causes such a disease;
(iii) is contaminated; or
(iv) has been exposed to a contaminant; and
(b) it appears to the board that as a result—
(i) there is a significant risk to public health; and
(ii) it is necessary, to avoid or minimise that risk, for the person to be excluded from certain places.
(2) A health board competent person may make an order (an “exclusion order”)—
(a) prohibiting the person from entering or remaining in any place; and
(b) imposing such conditions (if any) on the person as the competent person considers appropriate.
(3) A competent person—
(a) may not make an exclusion order unless that person is satisfied as to the matters mentioned in subsection (1);
(b) must, when making such an order, have regard to the desirability of imposing the least restrictive order necessary to protect public health.
(4) The exclusion order must—
(a) specify—
(i) the person to whom it applies;
(ii) subject to subsection (5), the place, or type of place, from which the person is excluded; and
(iii) any conditions imposed on the person;
(b) be served on the person to whom it applies; and
(c) be notified to—
(i) any person who was given an explanation under section 31(5); and
(ii) any other person the competent person considers appropriate.
(5) An exclusion order may not specify, as a place from which a person is excluded, that person’s place of residence.
(6) An exclusion order has effect only from the time it is served on the person to whom it applies.
(1) This section applies where—
(a) a health board knows that a person who is present in that board’s area—
(i) has an infectious disease;
(ii) has been exposed to an organism which causes such a disease;
(iii) is contaminated; or
(iv) has been exposed to a contaminant; and
(b) it appears to the board that as a result—
(i) there is a significant risk to public health; and
(ii) it is necessary, to avoid or minimise that risk, for the person to be restricted from carrying on certain activities.
(2) A health board competent person may make an order (a “restriction order”)—
(a) prohibiting the person from carrying on any activity; and
(b) imposing such conditions (if any) on the person as the competent person considers appropriate.
(3) A competent person—
(a) may not make a restriction order unless that person is satisfied as to the matters mentioned in subsection (1);
(b) must, when making a restriction order, have regard to the desirability of imposing the least restrictive order necessary to protect public health.
(4) The restriction order must—
(a) specify—
(i) the person to whom it applies;
(ii) the activity, or type of activity, which the person is prohibited from carrying on; and
(iii) any conditions imposed on the person;
(b) be served on the person to whom it applies; and
(c) be notified to—
(i) any person who was given an explanation under section 31(5); and
(ii) any other person the competent person considers appropriate.
(5) A restriction order has effect only from the time it is served on the person to whom it applies.
(1) This section applies where—
(a) a health board knows or suspects that a person who is present in that board’s area—
(i) has an infectious disease;
(ii) has been exposed to an organism which causes such a disease;
(iii) is contaminated; or
(iv) has been exposed to a contaminant; and
(b) it appears to the board that as a result—
(i) there is or may be a significant risk to public health; and
(ii) it is necessary, to avoid or minimise that risk, for the person to be quarantined.
(2) The board may apply to any sheriff for the board’s area for an order under section 40(1) (a “quarantine order”).
(3) An application under subsection (2) must—
(a) specify—
(i) the person in relation to whom the quarantine order is sought;
(ii) why the board considers it necessary for the person to be quarantined;
(iii) the place in which it is proposed to quarantine the person;
(iv) the period for which it is proposed to quarantine the person;
(v) the steps (if any) mentioned in section 46(2) which the board considers it necessary to take in relation to the person;
(vi) the conditions (if any) which the board considers it is necessary to include in the order;
(vii) whether an explanation has been given under section 31(3) or (5);
(viii) where such an explanation has been given, any response made by or representations made on behalf of the person in relation to whom the order is sought;
(ix) where no such explanation has been given, the reason why; and
(b) include a certificate—
(i) stating that a health board competent person is satisfied as to the matters mentioned in subsection (1); and
(ii) signed by that person.
(4) In this Part, references to a person being “quarantined” are references to the person being detained in that person’s residence or in another place (not being a hospital); and cognate expressions are to be construed accordingly.
(1) The sheriff may, if satisfied as to the matters mentioned in subsection (2), make a quarantine order—
(a) authorising—
(i) the quarantining of the person;
(ii) where the person is not in the place in which that person is to be quarantined, the removal of the person to that place; and
(iii) the taking in relation to the person of such of the steps mentioned in section 46(2) (if any) as the sheriff considers appropriate; and
(b) imposing such conditions (if any) in relation to the quarantine as the sheriff considers appropriate.
(2) The matters referred to in subsection (1) are—
(a) that it is known, or there are reasonable grounds to suspect, that the person—
(i) has an infectious disease;
(ii) has been exposed to an organism which causes such a disease;
(iii) is contaminated; or
(iv) has been exposed to a contaminant;
(b) that as a result—
(i) there is or may be a significant risk to public health; and
(ii) it is necessary, to avoid or minimise that risk, for the person to be quarantined; and
(c) that—
(i) before the application under section 39(2) was made, the health board gave an explanation under section 31(3) or (5); or
(ii) where no such explanation was given, it was not reasonably practicable to do so.
(3) A quarantine order has effect—
(a) from the time at which it is made;
(b) for such period, not exceeding 3 weeks beginning with the day on which the order is made, as the sheriff considers appropriate.
(4) A person may be removed to a place in which the person is to be quarantined by—
(a) a constable;
(b) an officer of the health board;
(c) an officer of a local authority; or
(d) any other person the sheriff considers appropriate.
(5) Conditions imposed by a quarantine order may include—
(a) conditions relating to—
(i) the persons who may have access to the place in which a person is quarantined; and
(ii) the purposes for which such persons may have access;
(b) conditions relating to—
(i) the persons who may have access to the quarantined person; and
(ii) the purposes for which such persons may have access;
(c) conditions relating to the welfare of the quarantined person.
(6) A quarantine order must—
(a) specify—
(i) the person to whom the order applies;
(ii) the place in which the person is to be quarantined;
(iii) the period for which the person is to be quarantined;
(iv) the steps mentioned in section 46(2) (if any) which may be taken in relation to the quarantined person; and
(v) any conditions imposed; and
(b) be notified to—
(i) the person to whom it applies;
(ii) any person to whom an explanation was given under section 31(5); and
(iii) any other person the sheriff considers appropriate.
(1) This section applies where—
(a) a health board knows that a person who is present in that board’s area—
(i) has an infectious disease; or
(ii) is contaminated; and
(b) it appears to the board that as a result—
(i) there is a significant risk to public health; and
(ii) it is necessary, to avoid or minimise that risk, for the person to be detained in hospital.
(2) The board may apply to any sheriff for the board’s area—
(a) where the person is not in hospital, for an order under section 42(1);
(b) where the person is in hospital, for an order under section 43(1).
(3) An order referred to in subsection (2) is a “short term detention order”.
(4) An application under subsection (2) must—
(a) specify—
(i) the person in relation to whom the order is sought;
(ii) why the board considers it necessary for the person to be detained in hospital;
(iii) the hospital in which it is proposed to detain the person;
(iv) the period for which it is proposed to detain the person;
(v) the steps (if any) mentioned in section 46(2) which the board considers it necessary to take in relation to the person;
(vi) whether an explanation has been given under section 31(3) or (5);
(vii) where such an explanation has been given, any response made by or representations made on behalf of the person in relation to whom the order is sought;
(viii) where no such explanation has been given, the reason why; and
(b) include a certificate—
(i) stating that a health board competent person is satisfied as to the matters mentioned in subsection (1); and
(ii) signed by that person.
(1) The sheriff may, if satisfied as to the matters mentioned in subsection (2), make an order authorising—
(a) the removal of a person to hospital by—
(i) a constable;
(ii) an officer of the health board;
(iii) an officer of a local authority; or
(iv) any other person the sheriff considers appropriate;
(b) the detention of the person in hospital; and
(c) the taking in relation to the person of such of the steps mentioned in section 46(2) (if any) as the sheriff considers appropriate.
(2) The matters referred to in subsection (1) are—
(a) that the person—
(i) has an infectious disease; or
(ii) is contaminated;
(b) that as a result—
(i) there is a significant risk to public health; and
(ii) it is necessary, to avoid or minimise that risk, for the person to be admitted to and detained in hospital; and
(c) that—
(i) before the application under section 41(2)(a) was made, the health board gave an explanation under section 31(3) or (5); or
(ii) where no such explanation was given, it was not reasonably practicable to do so.
Public Health etc (Scotland) Act 2008