Part 4Public health functions of health boards

Quarantine

I239Application to have person quarantined

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.

I140Quarantine orders

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.