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.