Office of Public Sector Information
PART 4 continued
(3) An order under subsection (1) 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) An order under subsection (1) must—
(a) specify—
(i) the person to whom it applies;
(ii) the hospital to which the person is to be taken (and in which the person is to be detained);
(iii) the period for which the person is to be detained in hospital; and
(iv) the steps mentioned in section 46(2) (if any) which may be taken in relation to the person; 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.
(5) A person authorised under subsection (1)(a) to remove to hospital a person to whom an order under subsection (1) applies may enter any premises in which that person is present in order to execute the order.
(6) The power of entry in subsection (5)—
(a) may be exercised at any time; and
(b) includes power to use reasonable force.
(1) The sheriff may, if satisfied as to the matters mentioned in subsection (2), make an order authorising—
(a) the detention of a person in hospital; and
(b) 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 detained in hospital; and
(c) that—
(i) before the application under section 41(2)(b) 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) 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) An order under subsection (1) must—
(a) specify—
(i) the person to whom the order applies;
(ii) the hospital in which the person is to be detained;
(iii) the period for which the person is to be detained in hospital; and
(iv) the steps mentioned in section 46(2) (if any) which may be taken in relation to the person; 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 person is detained in hospital by virtue of a short term detention order; and
(b) the health board which applied for the short term detention order is satisfied that—
(i) the conditions mentioned in subsection (2)(a) and (b) continue to apply;
(ii) it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be detained in hospital; and
(iii) it is necessary, to avoid or minimise that risk, for the person to be so detained for a period exceeding the maximum period for which a person could be detained by virtue of the short term detention order were that order to be extended under section 49(5)(a) (the “short term maximum period”).
(2) The conditions referred to in subsection (1)(b)(i) are—
(a) that the person to whom the order applies—
(i) has an infectious disease; or
(ii) is contaminated; and
(b) that as a result there is a significant risk to public health.
(3) The board may apply to any sheriff for the board’s area for an order under section 45(1) (an “exceptional detention order”).
(4) An application under subsection (3) 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 continue to be detained in hospital;
(iii) why the board considers it necessary for the person to be so detained for a period exceeding the short term maximum period;
(iv) the hospital in which it is proposed to detain the person;
(v) the period for which it is proposed to detain the person;
(vi) the steps (if any) mentioned in section 46(2) which the board considers it necessary to take in relation to the person;
(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 from another health board’s area 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 exceptional detention order authorising—
(a) the continued detention of a person in hospital; and
(b) 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 conditions mentioned in section 44(2)(a) and (b) continue to apply;
(b) that it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be detained in hospital;
(c) that it is necessary for the person to be so detained for a period exceeding the short term maximum period; and
(d) that—
(i) before the application under section 44(3) 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 exceptional detention order has effect—
(a) from the time at which it is made;
(b) for such period, not exceeding 12 months beginning with the day on which the order is made, as the sheriff considers appropriate.
(4) An order under subsection (1) must—
(a) specify—
(i) the person to whom the order applies;
(ii) the hospital in which the person is to be detained;
(iii) the period for which the person is to be detained in hospital; and
(iv) the steps mentioned in section 46(2) (if any) which may be taken in relation to the person; 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) Where—
(a) a quarantine order;
(b) a short term detention order; or
(c) an exceptional detention order,
is made, the steps which the order may authorise are the steps mentioned in subsection (2).
(2) Those steps are—
(a) disinfection;
(b) disinfestation; and
(c) decontamination.
(1) A health care professional taking any step mentioned in section 46(2) which is authorised by virtue of—
(a) a quarantine order;
(b) a short term detention order; or
(c) an exceptional detention order,
must not, in taking that step, use invasive or intrusive procedures unless that professional considers such procedures are necessary to achieve the purpose for which the step is being taken.
(2) Where the health care professional considers such procedures are so necessary, the professional must use the least invasive and least intrusive procedures practicable.
(1) This section applies where a person is subject to—
(a) an exclusion order; or
(b) a restriction order.
(2) A health board competent person of the appropriate health board may, if that person considers it appropriate, modify the order—
(a) in the case of an exclusion order, by varying the place, or type of place, from which the person is excluded;
(b) in the case of a restriction order, by varying the activity, or type of activity, which the person is prohibited from carrying on; and
(c) in either case—
(i) where the order imposed no conditions on the person, by imposing such conditions; or
(ii) in any other case, by modifying any conditions imposed on the person.
(3) In subsection (2)(c)(ii), modifying conditions means—
(a) adding;
(b) varying; or
(c) removing,
a condition.
(4) The competent person must give notice of the modification made to—
(a) the person to whom the order applies; and
(b) any other person to whom the order was notified under section 37(4)(c) or, as the case may be, 38(4)(c).
(5) In subsection (2), “appropriate health board” means the board which designated the health board competent person who made the order.
(1) This section applies where a person is subject to—
(a) a quarantine order;
(b) a short term detention order; or
(c) an exceptional detention order.
(2) A health board may, before the period specified in the order expires, apply to the sheriff for an extension of the order.
(3) An application under subsection (2) must—
(a) specify—
(i) the order which it is proposed to extend; and
(ii) the person to whom that order applies; and
(b) include a certificate such as is mentioned in subsection (4).
(4) That certificate is one—
(a) stating that a health board competent person is satisfied—
(i) as to the matters mentioned in section 40(2)(a) and (b)(i), 42(2)(a) and (b)(i), 43(2)(a) and (b)(i) or, as the case may be, 45(2)(a); and
(ii) that it is necessary, to avoid or minimise a risk to public health, for the person to continue to be quarantined or, as the case may be, detained in hospital; and
(b) signed by that person.
(5) The sheriff may, if satisfied as to the matters mentioned in subsection (6)—
(a) in the case of a quarantine order or a short term detention order, make an order extending the order, subject to subsection (8), for a further period not exceeding 3 weeks beginning with the day on which the period specified in the order would have expired;
(b) in the case of an exceptional detention order, make an order extending the order, subject to subsection (9), for a further period beginning with the day on which the period specified in the order would have expired.
(6) The matters referred to in subsection (5) are—
(a) the matters mentioned in section 40(2)(a) and (b)(i), 42(2)(a) and (b)(i), 43(2)(a) and (b)(i) or, as the case may be, 45(2)(a); and
(b) that it is necessary, to avoid or minimise the risk to public health, for the person to continue to be quarantined or, as the case may be, detained in hospital.
(7) An order may be extended on more than one occasion.
(8) A quarantine order or a short term detention order may not be extended if doing so would result in the person to whom it applies being quarantined or, as the case may be, detained in hospital for a continuous period exceeding 12 weeks.
(9) An exceptional detention order may not be extended if doing so would result in the person to whom it applies being detained in hospital by virtue of that order for a continuous period exceeding 12 months.
(10) An order under subsection (5)(a) or (b) must—
(a) specify—
(i) the person to whom the order extended by virtue of that subsection applies; and
(ii) the period for which that order is extended; and
(b) be notified to—
(i) the person to whom the order 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 person is subject to—
(a) a quarantine order;
(b) a short term detention order; or
(c) an exceptional detention order.
(2) A health board may, if it considers it appropriate, apply to the sheriff for an order under section 51(1) modifying the order.
(3) An application under subsection (2) must—
(a) specify—
(i) the order which it is proposed to modify;
(ii) the person to whom that order applies; and
(iii) the modification which it is proposed to make; and
(b) include a certificate such as is mentioned in subsection (4).
(4) That certificate is one—
(a) stating that a health board competent person is satisfied—
(i) as to the matters mentioned in section 40(2)(a) and (b)(i), 42(2)(a) and (b)(i), 43(2)(a) and (b)(i) or, as the case may be, 45(2)(a); and
(ii) that it is necessary, to avoid or minimise a risk to public health, for the person to continue to be quarantined or, as the case may be, detained in hospital; and
(b) signed by that person.
(1) The sheriff may, if satisfied as to the matters mentioned in subsection (2) and that it is appropriate to do so, make an order modifying the order to which the application relates—
(a) in the case of a quarantine order, by—
(i) varying the place in which the person is to be quarantined;
(ii) adding, varying or removing conditions;
(b) in the case of a short term detention order or an exceptional detention order, by varying the hospital in which the person is detained;
(c) in either case, by adding or removing any step such as is mentioned in section 46(2).
(2) The matters referred to in subsection (1) are—
(a) the matters mentioned in section 40(2)(a) and (b)(i), 42(2)(a) and (b)(i), 43(2)(a) and (b)(i) or, as the case may be, 45(2)(a); and
(b) that it is necessary, to avoid or minimise a risk to public health, for the person to continue to be quarantined or, as the case may be, detained in hospital.
(3) An order modified by virtue of subsection (1) has effect as so modified from the time at which the order under that subsection is made.
(4) Where the modification under subsection (1) varies the place in which a person is to be quarantined or, as the case may be, the hospital in which a person is to be detained, the order as so modified authorises—
(a) the removal of the person to that place or, as the case may be, 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; and
(b) the quarantining of the person in that place or, as the case may be, the detention of that person in that hospital.
(5) An order under subsection (1) must—
(a) specify—
(i) the person to whom the order modified by virtue of that subsection applies; and
(ii) the modification made by virtue of that subsection; and
(b) be notified to—
(i) the person to whom the order 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 person is subject to—
(a) an exclusion order; or
(b) a restriction order.
(2) Without prejudice to section 53(2), a health board competent person of the appropriate health board must, during the period of 1 week ending with the relevant day, consider whether—
(a) the conditions mentioned in subsection (3)(a) and (b) continue to apply; and
(b) it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.
(3) The conditions referred to in subsection (2)(a) are—
(a) 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; and
(b) that as a result there is a significant risk to public health.
(4) If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—
(a) that the conditions mentioned in subsection (3)(a) and (b) continue to apply; or
(b) that it continues to be necessary for the person to be subject to the order,
the competent person must revoke it.
(5) In subsection (2)—
“appropriate health board” has the same meaning as in section 48(5);
“relevant day” means—
the last day of the period of 3 weeks beginning with the day on which the order is made; and
where that 3-week period has expired, the last day of each subsequent 3-week period.
(1) This section applies where a person is subject to—
(a) an exclusion order; or
(b) a restriction order.
(2) Without prejudice to section 52(2), a health board competent person of the appropriate health board must, if requested to do so by the person to whom the order applies, and from time to time, consider whether—
(a) the conditions mentioned in section 52(3)(a) and (b) continue to apply; and
(b) it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.
(3) If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—
(a) that the conditions mentioned in section 52(3)(a) and (b) continue to apply; or
(b) that it continues to be necessary for the person to be subject to the order,
the competent person must revoke it.
(4) In subsection (2), the “appropriate health board” has the same meaning as in section 48(5).
(1) This section applies where a person is subject to a quarantine order.
(2) A health board competent person of the health board which applied for the order must, if requested to do so by the person to whom the order applies, and from time to time, consider whether—
(a) the conditions mentioned in subsection (3)(a) and (b) continue to apply; and
(b) it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.
(3) The conditions referred to in subsection (2)(a) 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; and
(b) that as a result there is or may be a significant risk to public health.
(4) If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—
(a) that the conditions mentioned in subsection (3)(a) and (b) continue to apply; or
(b) that it continues to be necessary for the person to be subject to the order,
the competent person must revoke the order.
(1) This section applies where a person is subject to—
(a) a short term detention order; or
(b) an exceptional detention order.
(2) A health board competent person of the health board which applied for the order must, if requested to do so by the person to whom the order applies, and from time to time, consider whether—
(a) the conditions mentioned in subsection (3)(a) and (b) continue to apply; and
(b) it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be detained in hospital.
(3) The conditions referred to in subsection (2)(a) are—
(a) that the person—
(i) has an infectious disease; or
(ii) is contaminated;
(b) that as a result there is a significant risk to public health.
(4) If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—
(a) that the conditions mentioned in subsection (3)(a) and (b) continue to apply; or
(b) that it continues to be necessary for the person to be detained in hospital,
the competent person must revoke the order.
(1) A health board must compensate any person who, although not subject to an order mentioned in subsection (2), suffers any loss caused by complying with a request by the board to the person to—
(a) be quarantined in a place specified by the board;
(b) be excluded from entering or remaining in a place, or type of place, so specified; or
(c) refrain from carrying on any activity, or type of activity, so specified.
(2) The orders referred to in subsection (1) are—
(a) an exclusion order;
(b) a restriction order;
(c) a quarantine order.
(3) A request by a health board under subsection (1)—
(a) is to be made by notice in writing given to the person; and
(b) must specify the matter mentioned in subsection (1)(a), (b) or, as the case may be, (c).
(4) Subsection (1) does not apply where the loss is attributable to the fault of the person claiming the loss.
(5) Any dispute as to—
(a) a person’s entitlement to compensation under this section; or
(b) the amount of such compensation,
is to be determined by a single arbiter appointed by agreement between the board and the person claiming loss or, if such agreement cannot be reached, by the sheriff.
(6) The Scottish Ministers may, by regulations, make further provision about compensation to which this section applies.
Public Health etc (Scotland) Act 2008