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Public Health etc. (Scotland) Act 2008

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This is the original version (as it was originally enacted).

Quarantine

39Application 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.

40Quarantine 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.

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