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Public Health etc. (Scotland) Act 2008

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Public Health etc. (Scotland) Act 2008, Cross Heading: Review of orders is up to date with all changes known to be in force on or before 24 August 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Review of ordersS

52Duty to review exclusion and restriction ordersS

(1)This section applies where a person is subject to—

(a)an exclusion order; or

(b)a restriction order.

(2)Without prejudice to section 53(2), a health board competent person of the appropriate health board must, during the period of 1 week ending with the relevant day, consider whether—

(a)the conditions mentioned in subsection (3)(a) and (b) continue to apply; and

(b)it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.

(3)The conditions referred to in subsection (2)(a) are—

(a)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; and

(b)that as a result there is a significant risk to public health.

(4)If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

(a)that the conditions mentioned in subsection (3)(a) and (b) continue to apply; or

(b)that it continues to be necessary for the person to be subject to the order,

the competent person must revoke it.

(5)In subsection (2)—

  • appropriate health board” has the same meaning as in section 48(5);

  • relevant day” means—

    (a)

    the last day of the period of 3 weeks beginning with the day on which the order is made; and

    (b)

    where that 3-week period has expired, the last day of each subsequent 3-week period.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 52 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

53Duty to keep exclusion and restriction orders under reviewS

(1)This section applies where a person is subject to—

(a)an exclusion order; or

(b)a restriction order.

(2)Without prejudice to section 52(2), a health board competent person of the appropriate health board must, if requested to do so by the person to whom the order applies, and from time to time, consider whether—

(a)the conditions mentioned in section 52(3)(a) and (b) continue to apply; and

(b)it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.

(3)If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

(a)that the conditions mentioned in section 52(3)(a) and (b) continue to apply; or

(b)that it continues to be necessary for the person to be subject to the order,

the competent person must revoke it.

(4)In subsection (2), the “appropriate health board” has the same meaning as in section 48(5).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 53 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

54Duty to keep quarantine orders under reviewS

(1)This section applies where a person is subject to a quarantine order.

(2)A health board competent person of the health board which applied for the order must, if requested to do so by the person to whom the order applies, and from time to time, consider whether—

(a)the conditions mentioned in subsection (3)(a) and (b) continue to apply; and

(b)it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.

(3)The conditions referred to in subsection (2)(a) 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; and

(b)that as a result there is or may be a significant risk to public health.

(4)If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

(a)that the conditions mentioned in subsection (3)(a) and (b) continue to apply; or

(b)that it continues to be necessary for the person to be subject to the order,

the competent person must revoke the order.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 54 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

55Duty to keep hospital detention orders under reviewS

(1)This section applies where a person is subject to—

(a)a short term detention order; or

(b)an exceptional detention order.

(2)A health board competent person of the health board which applied for the order must, if requested to do so by the person to whom the order applies, and from time to time, consider whether—

(a)the conditions mentioned in subsection (3)(a) and (b) continue to apply; and

(b)it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be detained in hospital.

(3)The conditions referred to in subsection (2)(a) are—

(a)that the person—

(i)has an infectious disease; or

(ii)is contaminated;

(b)that as a result there is a significant risk to public health.

(4)If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

(a)that the conditions mentioned in subsection (3)(a) and (b) continue to apply; or

(b)that it continues to be necessary for the person to be detained in hospital,

the competent person must revoke the order.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4S. 55 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

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