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Introductory Text
Part 1 Public health responsibilities
The Scottish Ministers
1.Duty of Scottish Ministers to protect public health
Health boards
2.Duty of health boards to protect public health
3.Designation of competent persons by health boards
Local authorities
4.Duty of local authorities to protect public health
5.Designation of competent persons by local authorities
Co-operation and planning
6.Duty of health boards and local authorities to co-operate
7.Joint public health protection plans
Power of Scottish Ministers to intervene
8.Power to direct health boards and local authorities
9.Power to direct that functions be exercised by other persons
10.Directions under section 9(1): supplementary
11.Power to direct allocation of resources
Part 2 Notifiable diseases, notifiable organisms and health risk states
Notifiable diseases and organisms
12.Lists of notifiable diseases and notifiable organisms
Duties to notify
13.Notifiable diseases: duties on registered medical practitioners
14.Health risk states: duties on registered medical practitioners
15.Notifiable diseases and health risk states: duties on health boards
16.Notifiable organisms: duties on directors of diagnostic laboratories
Offences
17.Notifiable organisms: offences
Supplementary provision
18.Electronic notification
19.Notifiable diseases etc.: further provision
Part 3 Public health investigations
Public health investigations
20.Public health incidents
21.Public health investigations
Investigators' powers
22.Powers relating to entry to premises
23.Other investigatory powers
24.Power to ask questions
25.Supplementary
26.Entry to dwellinghouses
27.Public health investigation warrants
28.Use of powers in emergencies
29.Public health investigation offences
Compensation
30.Public health investigations: compensation
Part 4 Public health functions of health boards
Duty to give explanation
31.Duty of health boards to give explanation of need for action
32.Relevant actions
Medical examinations
33.Application to have person medically examined
34.Order for medical examination
35.Medical examination: least invasive and least intrusive procedures
36.Medical examination of groups
Exclusion orders and restriction orders
37.Exclusion orders
38.Restriction orders
Quarantine
39.Application to have person quarantined
40.Quarantine orders
Removal to and detention in hospital
41.Application to have person detained in hospital
42.Order for removal to and detention in hospital
43.Order for detention in hospital
44.Application where long term detention in hospital necessary
45.Exceptional detention order
Quarantine and detention: steps that may be taken
46.Authorised steps
47.Authorised steps: least invasive and least intrusive procedures
Variation and extension of orders
48.Variation of exclusion and restriction orders
49.Extension of quarantine and hospital detention orders
50.Application for variation of quarantine and hospital detention orders
51.Variation of quarantine and hospital detention orders
Review of orders
52.Duty to review exclusion and restriction orders
53.Duty to keep exclusion and restriction orders under review
54.Duty to keep quarantine orders under review
55.Duty to keep hospital detention orders under review
56.Compensation for voluntary compliance with request
57.Compensation for persons subject to certain orders
58.Compensation for carers
Recall of orders granted in absence
59.Recall of orders granted in absence of person to whom application relates
Appeals
60.Appeal against orders for medical examination
61.Appeal against exclusion orders and restriction orders
62.Appeal against quarantine and hospital detention orders
63.Exclusion orders and restriction orders: further appeal to sheriff principal
64.Appeal to Court of Session
65.Effect of appeal under section 61, 62, 63 or 64
Breach of orders and offences
66.Absconding from quarantine
67.Absconding from hospital
68.Obstruction
69.Offences arising from breach of orders under this Part
70.Failure to ensure child’s compliance with order
Procedure
71.Applications and appeals
Part 5 Public health functions of local authorities
Facilities for disinfection etc.
72.Provision of facilities for disinfection etc.
Disinfection etc. of premises and things
73.Notice on occupier or owner of infected etc. premises or things
74.Inspection of premises in relation to which notice served
75.Failure to comply with notice
76.Power of local authority to disinfect etc. premises or things
77.Entry to dwellinghouses
78.Warrant to enter and take steps
79.Use of powers in emergencies
80.Obstruction
Recovery of expenses
81.Recovery of expenses
82.Compensation
83.Appeals against notices under this Part
84.Appeal to sheriff principal
85.Appeal to Court of Session
Existing functions
86.Application of this Part where other functions being exercised
Part 6 Mortuaries etc.
Provision of mortuaries
87.Provision of mortuaries by local authorities
88.Provision of mortuaries by health boards
89.Co-operation by local authorities and health boards
Protection of public from risks arising from bodies
90.Restriction on release of infected etc. bodies from hospital
91.Duty of health board where infected etc. person dies
92.Application for order in relation to bodies retained in premises
93.Power of sheriff to order removal to mortuary and disposal
Part 7 International travel
94.International travel
Part 8 Regulation of provision of sunbeds
95.Prohibition on allowing use of sunbeds by persons under 18
96.Prohibition on sale or hire of sunbeds to persons under 18
97.Remote sale or hire of sunbeds
98.Prohibition on allowing unsupervised use of sunbeds
99.Medical use of sunbeds
100.Duty to provide information to sunbed users
101.Duty to display information notice
Enforcement
102.Power to enter premises
103.Power to enter premises: entry to dwellinghouses
104.Power to require identification of operator
105.Fixed penalties for offences under section 95, 98, 100 or 101
106.Withdrawal of notices
107.Penalties for offences under Part 8
Interpretation
108.Interpretation of Part 8
Part 9 Statutory nuisances
109.Insect nuisance
110.Artificial light nuisance
111.Statutory nuisance: land covered with water
112.Power to make further provision regarding statutory nuisances
113.Enforcement of statutory nuisances: fixed penalty notice
114.Procedure for regulations
115.Sewerage nuisance: local authority powers
Part 10 General and miscellaneous
General and miscellaneous
116.Equal opportunities
117.Disclosure of information
118.Liability of persons exercising functions
119.Offences by bodies corporate etc.
120.Penalties for offences under this Act
121.Form of applications etc.
122.Regulations and orders
123.Meaning of “premises”
124.Interpretation
125.Minor and consequential amendments
126.Repeals, revocations and saving
127.Crown application
128.Short title and commencement
SCHEDULE 1
Lists of notifiable diseases and notifiable organisms
Part 1 Notifiable diseases
Part 2 Notifiable organisms
SCHEDULE 2
Minor and consequential amendments
1.The Public Works Loans Act 1887 (c. 37)
2.The Children and Young Persons (Scotland) Act 1937 (c. 37)
3.The Prevention of Damage by Pests Act 1949 (c. 55)
4.The Pests Act 1954 (c. 68)
5.The Offices, Shops and Railway Premises Act 1963 (c. 41)
6.The Statutory Nuisance (Appeals) (Scotland) Regulations 1996 (S.I. 1996/1076)
SCHEDULE 3
Repeals and revocations
Part 1 Repeals
Part 2 Revocations