Office of Public Sector Information
PART 4 continued
(1) A health board may compensate any person—
(a) who is subject to—
(i) an exclusion order;
(ii) a restriction order; or
(iii) a quarantine order; and
(b) who incurs any loss caused by complying with the order.
(2) Subsection (1) does not apply where the loss is attributable to the fault of the person claiming the loss.
(3) 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.
(4) The Scottish Ministers may, by regulations, make further provision about compensation to which this section applies.
(1) This section applies where a person (the “relevant person”)—
(a) is subject to—
(i) an exclusion order;
(ii) a restriction order; or
(iii) a quarantine order; or
(b) although not subject to such an order, complies with a request mentioned in section 56.
(2) The health board must compensate a person (a “carer”) mentioned in subsection (3) who, as a result of the relevant person being subject to the order or, as the case may be, complying with the request—
(a) requires to care for the relevant person or, where the carer normally cares for the relevant person, requires to provide more care; and
(b) incurs loss as a result of so doing.
(3) A carer is—
(a) where the relevant person is 16 or over, a person who is 16 or over and who cares for the relevant person otherwise than—
(i) by virtue of a contract of employment or other contract with any person; or
(ii) as a volunteer for a voluntary organisation;
(b) where the relevant person is under 16, such a person or a parent of the relevant person who has day-to-day care or control of the relevant person.
(4) Any dispute as to—
(a) a carer’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 carer or, if such agreement cannot be reached, by the sheriff.
(5) The Scottish Ministers may, by regulations, make further provision about compensation to which this section applies.
(1) This section applies where—
(a) a quarantine order;
(b) a short term detention order; or
(c) an exceptional detention order,
is made in the absence of the person to whom the order applies.
(2) A person mentioned in subsection (3) may apply to the sheriff for an order recalling the order.
(3) The person referred to in subsection (2) is—
(a) the person to whom the order applies; or
(b) any person having an interest in the welfare of such a person.
(4) An application under this section must be made before the expiry of the period of 72 hours beginning with the time at which the order to which the application relates is notified to the person to whom it applies.
(5) Despite the making of an application under this section, the order to which it relates has effect as if the application were not made.
(6) The sheriff must, before determining an application under this section, give the persons mentioned in subsection (7) the opportunity—
(a) of making representations (whether orally or in writing); and
(b) of leading, or producing, evidence.
(7) Those persons are—
(a) the applicant;
(b) where the applicant is not the person to whom the order applies, that person;
(c) the health board which applied for the order; and
(d) any other person the sheriff considers appropriate.
(8) On an application under this section, the sheriff may—
(a) confirm the order;
(b) revoke the order.
(1) A person mentioned in subsection (2) may appeal to the sheriff principal against the making of an order under section 34(1) authorising the medical examination of a person.
(2) The person referred to in subsection (1) is—
(a) the person in relation to whom the order applies; or
(b) any person having an interest in the welfare of such a person.
(3) An appeal under this section must be made before the expiry of the period of 7 days beginning with the day on which the order appealed against is made.
(4) On an appeal under this section, the sheriff principal may—
(a) confirm the order;
(b) revoke the order;
(c) modify the order;
(d) where, before the appeal was made, the medical examination authorised by the order had been carried out, make an order declaring that the order was invalid;
(e) make such other order as the sheriff principal considers appropriate.
(5) The decision of the sheriff principal on an appeal under this section is final.
(1) This section applies where a person is subject to—
(a) an exclusion order; or
(b) a restriction order.
(2) A person mentioned in subsection (3) may appeal to the sheriff against—
(a) the making of the order;
(b) any conditions imposed by the order;
(c) any modification of the order under section 48(2); or
(d) a decision of a health board competent person under section 52(4) or 53(3) not to revoke the order.
(3) The person referred to in subsection (2) is—
(a) the person in relation to whom the order applies; or
(b) any person who has an interest in the welfare of such a person.
(4) An appeal under this section must be made before the expiry of the period of 14 days beginning with the day on which the order, modification or, as the case may be, decision appealed against is made.
(5) On an appeal under this section, the sheriff may—
(a) confirm the order appealed against;
(b) modify the order;
(c) revoke the order;
(d) confirm the decision appealed against;
(e) quash that decision;
(f) make such other order as the sheriff considers appropriate.
(6) In subsection (5)(b), “modify” is to be construed in accordance with section 48.
(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 person mentioned in subsection (3) may appeal to the sheriff principal against—
(a) the making of the order;
(b) in the case of a quarantine order, any conditions imposed by the order;
(c) any steps mentioned in section 46(2) specified in the order;
(d) a decision of the sheriff under section 59(8) confirming the order;
(e) the making of an order extending the order under section 49(5);
(f) the making of an order under section 51(1) modifying the order; or
(g) a decision of a health board competent person under section 54(4) or, as the case may be, 55(4) not to revoke the order.
(3) The person referred to in subsection (2) is—
(a) the person in relation to whom the order applies; or
(b) any person who has an interest in the welfare of such a person.
(4) An appeal under this section must be made before the expiry of the period of 14 days beginning with the day on which the order or, as the case may be, decision appealed against is made.
(5) On an appeal under this section, the sheriff principal may—
(a) confirm the order appealed against;
(b) modify the order;
(c) revoke the order;
(d) confirm the decision appealed against;
(e) quash that decision;
(f) make such other order as the sheriff principal considers appropriate.
(6) In subsection (5)(b), “modify” is to be construed in accordance with section 51(1).
(1) A person who appealed under section 61(2) may, with the leave of the sheriff, appeal against a decision mentioned in subsection (2) to the sheriff principal.
(2) A decision referred to in subsection (1) is a decision of the sheriff—
(a) to confirm the exclusion order appealed against;
(b) to confirm the restriction order appealed against;
(c) to modify the order; or
(d) to confirm the decision appealed against.
(3) A health board aggrieved by an appeal under section 61(2) may, with the leave of the sheriff, appeal against a decision mentioned in subsection (4) to the sheriff principal.
(4) A decision referred to in subsection (3) is a decision of the sheriff—
(a) to revoke the exclusion order appealed against;
(b) to revoke the restriction order appealed against;
(c) to modify the order; or
(d) to quash the decision appealed against.
(5) An appeal under this section may be made only on the ground that—
(a) the sheriff erred in law;
(b) the decision of the sheriff was not supported by the facts established by the sheriff in the appeal.
(6) On an appeal under this section, the sheriff principal may—
(a) confirm the decision appealed against;
(b) modify that decision;
(c) quash that decision;
(d) make such other order as the sheriff principal considers appropriate.
(7) The decision of the sheriff principal on an appeal under this section is final.
(1) A person who appealed under section 62(2) may, with the leave of the sheriff principal, appeal against a decision mentioned in subsection (2) to the Court of Session.
(2) A decision referred to in subsection (1) is a decision of the sheriff principal—
(a) to confirm the order appealed against;
(b) to modify the order; or
(c) to confirm the decision appealed against.
(3) A health board aggrieved by an appeal under section 62(2) may, with the leave of the sheriff principal, appeal against a decision mentioned in subsection (4) to the Court of Session.
(4) A decision referred to in subsection (3) is a decision of the sheriff principal—
(a) to revoke the order appealed against;
(b) to modify the order; or
(c) to quash the decision appealed against.
(5) An appeal under this section may be made only on the ground that—
(a) the sheriff principal erred in law;
(b) the decision of the sheriff principal was not supported by the facts established by the sheriff principal in the appeal.
(6) On an appeal under this section, the Court of Session may—
(a) confirm the decision appealed against;
(b) modify that decision;
(c) quash that decision;
(d) make such other order as the Court considers appropriate.
(7) The decision of the Court on an appeal under this section is final.
Despite the making of an appeal under section 61(2), 62(2), 63(1) or (3) or 64(1) or (3), the exclusion order, restriction order, quarantine order, short term detention order or, as the case may be, exceptional detention order to which the appeal relates has effect as if the appeal were not made.
(1) Where a person who is subject to a quarantine order breaches that order by absconding—
(a) while being removed to the place at which that person is to be quarantined; or
(b) from that place,
that person is liable to be taken into custody by a person mentioned in subsection (2) and detained in accordance with subsections (3) and (4).
(2) The persons who may take a quarantined person into custody are—
(a) a constable;
(b) an officer of a health board;
(c) an officer of a local authority.
(3) The quarantined person may be detained in—
(a) a hospital; or
(b) any other place.
(4) The period for which the quarantined person may be detained by virtue of subsection (1) is the period or, as the case may be, the remainder of the period for which the quarantine of that person is authorised.
(5) In calculating the period mentioned in subsection (4), the period beginning when the quarantined person absconded and ending when that person is detained in accordance with subsection (1) is to be left out of account.
(6) A person who may take a quarantined person into custody may enter any premises in which the quarantined person is present.
(7) The power of entry in subsection (6)—
(a) may be exercised at any time; and
(b) includes power to use reasonable force.
(8) A person who is taken into custody under this section and who absconds remains liable to be taken into custody under and detained in accordance with this section.
(9) Notwithstanding the detention of a quarantined person in accordance with subsections (3) and (4), the health board may apply under section 49(2) for an extension of the quarantine order; and, where such an extension is granted, the quarantined person may be removed by a person mentioned in section 40(4) to the place in which the person is to be quarantined.
(1) This section applies where a person is subject to—
(a) a short term detention order; or
(b) an exceptional detention order.
(2) A person who absconds—
(a) while being removed to the hospital in which that person is to be detained; or
(b) from the hospital in which the person is detained,
is liable to be taken into custody by a person mentioned in subsection (3) and returned to hospital in accordance with subsection (4).
(3) The persons who may take a person who has absconded into custody are—
(a) a constable;
(b) an officer of a health board;
(c) an officer of a local authority.
(4) The absconding person may—
(a) be returned to the hospital in which the person’s detention is authorised; and
(b) be detained there for the period or, as the case may be, the remainder of the period for which detention of that person is authorised.
(5) In calculating the period mentioned in subsection (4)(b), the period beginning when the person absconded and ending when that person is returned to hospital by virtue of subsection (2) is to be left out of account.
(6) A person who may take an absconding person into custody may enter any premises in which the person is present.
(7) The power of entry in subsection (6)—
(a) may be exercised at any time; and
(b) includes power to use reasonable force.
(8) A person who is taken into custody under this section and who absconds remains liable to be taken into custody under and dealt with in accordance with this section.
A person commits an offence if that person, without reasonable excuse, intentionally obstructs—
(a) a health care professional authorised by virtue of an order under section 34(1) to medically examine a person;
(b) a person authorised by virtue of section 40(1) to remove a person to the place in which the person is to be quarantined; or
(c) a person authorised by virtue of section 42(1) to remove a person to hospital.
(1) A person subject to an order mentioned in subsection (2) who, without reasonable excuse, breaches that order commits an offence.
(2) The order referred to in subsection (1) is—
(a) an order under section 34(1) authorising medical examination;
(b) an exclusion order;
(c) a restriction order;
(d) a quarantine order (including any condition imposed by the order);
(e) a short term detention order;
(f) an exceptional detention order.
(1) This section applies where an order mentioned in subsection (2) is made in relation to a person who is under 16 (a “child”).
(2) The order referred to in subsection (1) is—
(a) an exclusion order;
(b) a restriction order; or
(c) a quarantine order.
(3) A parent of the child who—
(a) has day-to-day care or control of the child; and
(b) fails, without reasonable excuse, to ensure that the child does not breach the order,
commits an offence.
(4) Where there is no such parent, a person mentioned in subsection (5) who fails, without reasonable excuse, to ensure that the child does not breach the order commits an offence.
(5) The person referred to in subsection (4) is a person who—
(a) is 16 or over; and
(b) has day-to-day care or control of the child otherwise than—
(i) by virtue of a contract of employment or other contract with any person; or
(ii) as a volunteer for a voluntary organisation.
(6) In proceedings for an offence under subsection (3) or (4), it is a defence for the person to prove that the person exercised all due diligence and took all reasonable steps to avoid committing the offence.
(1) Nothing in this Part affects the Court of Session’s power under section 32 of the Sheriff Courts (Scotland) Act 1971 (c. 58) to regulate and prescribe the procedure and practice to be followed in any application or appeal under this Part.
(2) Without prejudice to the generality of section 32 of that Act, provision may, in particular, be made under that section about—
(a) the manner in which, and time within which, notice of applications for orders is given;
(b) the manner in which, and time within which, notice of orders is given;
(c) where applications and orders are made in relation to persons who are under 16, the persons to whom notice of such applications and orders must be given;
(d) the circumstances in which the sheriff or, as the case may be, the sheriff principal, may determine whether and, if so, where, a hearing is to be held; and
(e) the place, or types of place, at which hearings may be held.
(3) The sheriff may determine an application under this Part (other than an appeal)—
(a) in chambers;
(b) in the absence of the person to whom the application relates.
Public Health etc (Scotland) Act 2008