Part 1 Public health responsibilities

The Scottish Ministers

1 Duty of Scottish Ministers to protect public health

(1) The Scottish Ministers are to continue to make provision, or secure that provision is made, for the purpose of protecting public health in Scotland.

(2) In subsection (1), “protecting public health”—

(a) means the protection of the community (or any part of the community) from—

(i) infectious diseases;

(ii) contamination; or

(iii) other such hazards,

which constitute a danger to human health; and

(b) includes—

(i) the prevention of;

(ii) the control of; and

(iii) the provision of a public health response to,

such diseases, contamination or other hazards.

(3) The Scottish Ministers may, for the purpose of protecting public health in Scotland, provide assistance (including financial assistance) to any person who exercises functions in relation to the protection of public health.

(4) Subsection (1) is without prejudice to sections 1 and 1A of the National Health Service (Scotland) Act 1978 (c. 29) (the “1978 Act”) (general duties of Scottish Ministers to provide a health service and to promote the improvement of the health of the people of Scotland).

(5) In this Act—

• “contamination” means contamination with or by a biological, chemical or radioactive substance; and cognate expressions are to be construed accordingly;

• “infectious disease” means an illness or medical condition caused by an infectious agent (including by an organism listed in Part 2 of schedule 1 but not by a contaminant); and

• “protecting public health” has the meaning given by subsection (2); and cognate expressions are to be construed accordingly.

Health boards

2 Duty of health boards to protect public health

(1) Each health board is to continue to make provision, or secure that provision is made, for the purpose of protecting public health in its area.

(2) Subsection (1) is without prejudice to section 2A of the 1978 Act (duty of health boards to promote improvement in the health of the people of Scotland).

(3) Anything done by a health board in the exercise of functions under this Act is to be regarded as done in exercise of functions of the Scottish Ministers conferred on the health board by the order under section 2(1)(a) of the 1978 Act which constituted the board.

3 Designation of competent persons by health boards

(1) Each health board must designate a sufficient number of persons for the purpose of exercising, on behalf of the board, the functions relating to protection of public health mentioned in subsection (3).

(2) A person designated under subsection (1) is a “health board competent person”.

(3) The functions referred to in subsection (1) are—

(a) the functions conferred on a health board competent person by virtue of this Act; and

(b) any functions conferred on such a competent person by virtue of any other enactment.

(4) The Scottish Ministers may prescribe—

(a) the persons or classes of person who may be designated as health board competent persons;

(b) the qualifications which such persons must have;

(c) the training which such persons must have undertaken;

(d) such other requirements as to competency which such persons must meet as Ministers consider appropriate; and

(e) such other matters relating to the terms and conditions of the designation of persons as competent persons as Ministers consider appropriate.

(5) Regulations under subsection (4) may provide that such functions of health board competent persons as are prescribed may be exercised only by competent persons who—

(a) have such qualifications;

(b) have undertaken such training; or

(c) meet such other requirements as to competency,

as the Scottish Ministers consider appropriate in relation to those functions.

Local authorities

4 Duty of local authorities to protect public health

Each local authority is to continue to make provision, or secure that provision is made, for the purpose of protecting public health in its area.

5 Designation of competent persons by local authorities

(1) Each local authority must designate a sufficient number of persons for the purpose of exercising, on behalf of the authority, the functions relating to protection of public health mentioned in subsection (3).

(2) A person designated under subsection (1) is a “local authority competent person”.

(3) The functions referred to in subsection (1) are—

(a) the functions conferred on a local authority competent person by virtue of this Act; and

(b) any functions conferred on such a competent person by virtue of any other enactment.

(4) The Scottish Ministers may prescribe—

(a) the persons or classes of person who may be designated as local authority competent persons;

(b) the qualifications which such persons must have;

(c) the training which such persons must have undertaken;

(d) such other requirements as to competency which such persons must meet as Ministers consider appropriate; and

(e) such other matters relating to the terms and conditions of the designation of persons as competent persons as Ministers consider appropriate.

(5) Regulations under subsection (4) may provide that such functions of local authority competent persons as are prescribed may be exercised only by competent persons who—

(a) have such qualifications;

(b) have undertaken such training; or

(c) meet such other requirements as to competency,

as the Scottish Ministers consider appropriate in relation to those functions.

Co-operation and planning

6 Duty of health boards and local authorities to co-operate

(1) In exercising the functions conferred on them by virtue of this Act, each—

(a) health board; and

(b) local authority,

must co-operate with any relevant person that appears to the board or, as the case may be, authority to have an interest in or a function relating to the protection of public health.

(2) In subsection (1), a “relevant person” is—

(a) a health board;

(b) a special health board;

(c) a local authority;

(d) the common services agency;

(e) the Scottish Ministers.

(3) Subsection (1) is without prejudice to section 13 of the 1978 Act (duty of health boards and local authorities to co-operate to secure and advance the health of the people of Scotland).

7 Joint public health protection plans

(1) Each health board must prepare such plans relating to the protection of public health in its area as the board considers appropriate.

(2) In preparing a plan under subsection (1), a health board must consult the relevant local authority.

(3) A plan under subsection (1) must—

(a) be prepared in accordance with any guidance issued by the Scottish Ministers; and

(b) include provision about such matters as may be specified in such guidance.

(4) A board may comply with subsection (1) by incorporating the plan in any other plan the board is required or has power to prepare under any other enactment.

(5) A board which prepares a plan under subsection (1) must publish the plan (whether as part of another plan in which it is incorporated or otherwise).

(6) The board—

(a) may from time to time vary a plan under subsection (1); and

(b) must publish the plan as so varied.

(7) The board must, before varying a plan under subsection (6)(a), consult the relevant local authority.

(8) In this section, the “relevant local authority”—

(a) is the local authority for the area in relation to which a board is constituted; or

(b) where the area of the board comprises or includes the areas of two or more local authorities, is both or all of those authorities.

Power of Scottish Ministers to intervene

8 Power to direct health boards and local authorities

(1) This section and section 9 apply where the Scottish Ministers consider that—

(a) a health board or, as the case may be, a local authority has failed, is failing or is likely to fail—

(i) to exercise a function conferred on it by virtue of this Act or by any other enactment relating to the protection of public health; or

(ii) to exercise that function in a manner which Ministers consider acceptable; and

(b) it is necessary for the purpose of protecting public health that the function—

(i) is exercised; or

(ii) is exercised in such a manner as Ministers consider acceptable.

(2) The Scottish Ministers may in writing direct the board or, as the case may be, the authority—

(a) to exercise the function; or

(b) to exercise it in such a manner,

within such period and subject to such other conditions as they consider appropriate.

(3) A direction under subsection (2) must specify—

(a) the function of the board or, as the case may be, of the authority to which it applies;

(b) the period within which the function—

(i) is to be exercised; or

(ii) is to be exercised in the manner specified; and

(c) any other conditions imposed on the board or authority in relation to the exercise of the function.

(4) The Scottish Ministers may from time to time vary or withdraw a direction under subsection (2).

9 Power to direct that functions be exercised by other persons

(1) The Scottish Ministers may, whether or not they have given a direction under section 8(2), in writing direct that a function of a health board or, as the case may be, of a local authority be exercised instead by a person specified in the direction.

(2) But, where a direction under section 8(2) has been given, they may not give a direction under subsection (1)—

(a) before the expiry of the period specified in the direction under that section; or

(b) where that period has not expired, without withdrawing that direction under section 8(4).

(3) The persons who may be specified in a direction under subsection (1) are one or more of the following—

(a) a health board;

(b) the common services agency;

(c) a local authority;

(d) an employee of—

(i) a health board;

(ii) the agency; or

(iii) a local authority;

(e) a member of staff of the Scottish Administration;

(f) such other person Ministers consider appropriate.

(4) A direction under subsection (1) must specify—

(a) the function of the board or, as the case may be, of the authority to which it applies;

(b) the person by whom the function is to be exercised;

(c) the period for which that person is to exercise that function;

(d) the extent to which that person is to exercise that function; and

(e) any other conditions imposed by the Scottish Ministers as they consider appropriate.

(5) The Scottish Ministers may from time to time vary or withdraw a direction under subsection (1).

10 Directions under section 9(1): supplementary

(1) The giving of a direction under section 9(1) does not affect the responsibility of the health board or, as the case may be, the local authority for the exercise of the function which, by virtue of the direction, is exercised by another person.

(2) Anything done or omitted by a person exercising a function by virtue of the direction is to be regarded as done or omitted by the board or authority.

(3) A person dealing in good faith and for value with a person exercising a function by virtue of the direction need not inquire as to whether that person is acting in accordance with the direction.

(4) Unless the direction specifies otherwise, the board or the authority must pay the person by whom its function is exercised—

(a) the remuneration and expenses of; and

(b) any other costs reasonably incurred by,

that person in exercising that function.

11 Power to direct allocation of resources

The Scottish Ministers may, if they are satisfied that it is necessary to do so, direct—

(a) a health board to make such payments as Ministers consider appropriate to—

(i) another health board; or

(ii) a local authority;

(b) a local authority to make such payments as Ministers consider appropriate to—

(i) another local authority; or

(ii) a health board,

in connection with the performance by the recipient board or authority of its functions relating to the protection of public health.

Part 2 Notifiable diseases, notifiable organisms and health risk states

Notifiable diseases and organisms

12 Lists of notifiable diseases and notifiable organisms

(1) In this Part—

• “notifiable disease” means a disease listed in Part 1 of schedule 1; and

• “notifiable organism” means an organism listed in Part 2 of schedule 1.

(2) The Scottish Ministers may by regulations amend a list in schedule 1 by—

(a) adding an item to the list;

(b) removing an item from the list;

(c) varying the description of an item in the list.

(3) Regulations under subsection (2) may add a disease or organism to a list only if the Scottish Ministers are satisfied that the disease or organism is likely to give rise to a significant risk to public health.

(4) The Scottish Ministers must, when considering whether a disease or organism is likely to give rise to such a risk, have regard—

(a) in the case of a disease, to—

(i) the seriousness of the disease; and

(ii) the ease of transmissibility through casual contact of the disease;

(b) in the case of an organism, to the seriousness and ease of transmissibility through casual contact of the disease which the organism would cause.

Duties to notify

13 Notifiable diseases: duties on registered medical practitioners

(1) This section applies where a registered medical practitioner has reasonable grounds to suspect that a patient whom the practitioner is attending has a notifiable disease.

(2) The practitioner must, before the expiry of the period of 3 days beginning with the day on which the practitioner forms that suspicion, provide to the relevant health board, in writing, the information mentioned in subsection (6) in so far as it is known to the practitioner.

(3) Without prejudice to subsection (2), if the practitioner considers that the case is urgent, the practitioner must, as soon as reasonably practicable, orally provide to the relevant health board—

(a) the information mentioned in subsection (6) in so far as it is known to the practitioner; and

(b) an explanation of why the practitioner considers the case is urgent.

(4) In determining whether a case is urgent, the practitioner must have regard to—

(a) the nature of the suspected disease;

(b) the ease of transmission of that disease;

(c) the patient’s circumstances (including age, sex and health); and

(d) any guidance issued by the Scottish Ministers.

(5) Subsections (2) and (3) do not apply if the practitioner believes on reasonable grounds that another registered medical practitioner—

(a) has complied with those subsections in respect of the patient; or

(b) has provided information in respect of the disease to the relevant health board under section 14(2) or (3).

(6) The information referred to in subsections (2) and (3)(a) is—

(a) the patient’s name;

(b) the patient’s address and postcode;

(c) the patient’s occupation (if the practitioner considers that it is relevant);

(d) the name, address and postcode of the patient’s place of work or education (if the practitioner considers that it is relevant);

(e) the patient’s sex;

(f) the patient’s date of birth;

(g) the suspected disease; and

(h) the patient’s NHS identifier.

(7) In this section and section 14, the “relevant health board” is the health board for the area in which the practitioner works.

(8) In this Part, “NHS identifier” means—

(a) the patient's—

(i) community health index number; or

(ii) where that number is not known, NHS identification number; or

(b) where neither of the numbers referred to in paragraph (a) is known, any other number or other indicator which from time to time may be used to identify a patient individually.

14 Health risk states: duties on registered medical practitioners

(1) This section applies where a registered medical practitioner has reasonable grounds to suspect that a patient whom the practitioner is attending has been exposed to a health risk state.

(2) The practitioner must, before the expiry of the period of 3 days beginning with the day on which the practitioner forms that suspicion, provide to the relevant health board, in writing, the information mentioned in subsection (6) in so far as it is known to the practitioner.

(3) Without prejudice to subsection (2), if the practitioner considers that the case is urgent, the practitioner must, as soon as reasonably practicable, orally provide to the relevant health board—

(a) the information mentioned in subsection (6) in so far as it is known to the practitioner; and

(b) an explanation of why the practitioner considers the case is urgent.

(4) In determining whether a case is urgent, the practitioner must have regard to—

(a) the nature of the suspected health risk state;

(b) the nature of the exposure to that state;

(c) the patient’s circumstances (including age, sex and health); and

(d) any guidance issued by the Scottish Ministers.

(5) Subsections (2) and (3) do not apply if the practitioner believes on reasonable grounds that another registered medical practitioner—

(a) has complied with those subsections in respect of the patient; or

(b) has provided information in respect of the health risk state to the relevant health board under section 13(2) or (3).

(6) The information referred to in subsections (2) and (3)(a) is—

(a) the patient’s name;

(b) the patient’s address and postcode;

(c) the patient’s occupation (if the practitioner considers that it is relevant);

(d) the name, address and postcode of the patient’s place of work or education (if the practitioner considers that it is relevant);

(e) the patient’s sex;

(f) the patient’s date of birth;

(g) the suspected health risk state; and

(h) the patient’s NHS identifier.

(7) In this section and section 15, “health risk state” means—

(a) a highly pathogenic infection; or

(b) any—

(i) contamination;

(ii) poison; or

(iii) other hazard,

which is a significant risk to public health.

(8) In this section, references to a patient having been “exposed to a health risk state” are references to the patient—

(a) having been in physical contact with a health risk state;

(b) having been contaminated by a health risk state; or

(c) having been in physical contact with or contaminated by—

(i) a person who; or

(ii) an object which,

has been in physical contact with or contaminated by a health risk state.

15 Notifiable diseases and health risk states: duties on health boards

(1) Where—

(a) a health board receives information under—

(i) section 13(2) or (3); or

(ii) section 14(2) or (3); and

(b) that information relates to a patient who usually resides within the area of that health board,

that board must send a return, in writing, to the common services agency containing, in relation to each patient, the information mentioned in subsection (3) in so far as it is known to the board.

(2) The return under subsection (1) is to be sent—

(a) no later than the end of the week in which the information mentioned in subsection (1)(a) is received; or

(b) if it is not practicable to send the return by the end of that week, as soon as practicable afterwards.

(3) The information referred to in subsection (1) is—

(a) the patient’s postcode;

(b) the patient’s occupation;

(c) the patient’s sex;

(d) the patient’s date of birth;

(e) the—

(i) suspected disease; or

(ii) suspected health risk state; and

(f) the patient’s NHS identifier.

(4) Where—

(a) a health board receives information as mentioned in subsection (1)(a); and

(b) that information relates to a person who does not usually reside in the area of that health board,

the board must without delay transmit the information to the health board for the area in which the person usually resides.

(5) Where a health board receives information from another health board by virtue of subsection (4)—

(a) the board must send a return, in writing, to the common services agency containing, in relation to each patient, the information mentioned in subsection (3) in so far as it is known to the board; and

(b) subsection (2) applies to a return sent under this subsection as it applies to a return sent under subsection (1) with the modification that, for the reference to subsection (1)(a), there is substituted a reference to subsection (4).

(6) In subsection (2), “week” means a period of 7 days ending on Friday at the expiry of the normal working hours of the board’s principal office.

16 Notifiable organisms: duties on directors of diagnostic laboratories

(1) This section applies where a diagnostic laboratory identifies a notifiable organism.

(2) The director of the laboratory must, before the expiry of the period of 10 days beginning with the day of identification, provide to the persons mentioned in subsection (5), in writing, the information mentioned in subsection (6) in so far as it is known to the director.

(3) Without prejudice to subsection (2), if the director considers that the case is urgent, the director must, as soon as reasonably practicable, orally provide to the persons mentioned in subsection (5)—

(a) the information mentioned in subsection (6) in so far as it is known to the director; and

(b) an explanation of why the director considers the case is urgent.

(4) In determining whether a case is urgent, the director must have regard to—

(a) the nature of the organism;

(b) the nature of the disease which that organism causes;

(c) the ease of transmission of that disease or organism;

(d) where known, the patient’s circumstances (including age, sex and health); and

(e) any guidance issued by the Scottish Ministers.

(5) The persons referred to in subsections (2) and (3) are—

(a) the health board in whose area the diagnostic laboratory is situated; and

(b) the common services agency.

(6) The information referred to in subsections (2) and (3)(a) is—

(a) the name of the person to whom the identification relates;

(b) the person’s address;

(c) the person’s sex;

(d) the person’s date of birth;

(e) the organism which has been identified; and

(f) the person’s NHS identifier.

(7) Where—

(a) a health board receives information under subsection (2) or (3); and

(b) that information relates to a person who does not usually reside in the area of that board,

the board must without delay transmit that information to the health board for the area in which the person usually resides.

(8) For the purposes of subsection (1), a diagnostic laboratory identifies a notifiable organism where—

(a) the diagnostic laboratory identifies the organism; or

(b) the organism is identified by another laboratory under an arrangement with that diagnostic laboratory.

(9) Where subsection (8)(b) applies, the day of identification, for the purposes of subsection (2), is the day on which the diagnostic laboratory becomes aware of the identification by the other laboratory.

(10) In this section and section 17—

• “diagnostic laboratory” means an institution (or facility within an institution) which is equipped with apparatus and reagents for the performance of diagnostic tests for human infections; and

• “director” of a diagnostic laboratory means—

  (a)

  the clinical microbiologist, consultant pathologist or other registered medical practitioner or other person in charge of a diagnostic laboratory; or

  (b)

  any other person working in the diagnostic laboratory to whom the function of making a notification under this section has been delegated by the person mentioned in paragraph (a).

Offences

17 Notifiable organisms: offences

(1) It is an offence for the director of a diagnostic laboratory to fail without reasonable excuse to comply with section 16(2).

(2) In proceedings for an offence under subsection (1), it is a defence for the director to prove that the director exercised all due diligence and took all reasonable steps to avoid committing the offence.

(3) Where—

(a) the director of a diagnostic laboratory commits the offence mentioned in subsection (1); and

(b) the director is employed by a body corporate,

the body corporate also commits an offence.

(4) In proceedings for an offence under subsection (3), it is a defence for the body corporate to prove that the body corporate (or an employee or agent of the body corporate) exercised all due diligence and took all reasonable steps to avoid committing the offence.

(5) In subsection (3)(b), “employed” includes engaged under a contract for services.

Supplementary provision

18 Electronic notification

(1) The requirement in sections 13(2), 14(2), 15(1) and (5) and 16(2) for information to be provided in writing may be satisfied by a document in electronic form—

(a) transmitted by electronic means; and

(b) capable of being reproduced in legible form.